1
THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
SPECIAL MEETING OF THE May 13, 2013
CITY COUNCIL 4:00 p.m.
CULVER CITY, CALIFORNIA
Call to Order & Roll Call
Mayor Cooper called the Special Meeting of the City Council to
order at 4:03 p.m.
Present: Jeffrey Cooper, Mayor
Meghan Sahli-Wells, Vice Mayor
Jim B. Clarke, Councilmember
Micheál O‘Leary, Councilmember*
Andrew Weissman, Councilmember
*Councilmember O’Leary arrived at 4:15 p.m.
Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and the
Pledge of Allegiance was led by Paul Ehrlich.
o0o
Joint Public Comment – Items Not on the Agenda
None.
o0o
Receipt of Correspondence
None.
o0o
Order of the Agenda
No changes were made. May 13, 2013
Special Meeting
2
o0o
Action Items
Item A-1
Presentation of an Analysis of the Impacts of CalPERS’
Actuarial Changes on the City’s Retirement Plans for
Miscellaneous and Safety Employees
John Nachbar, City Manager, introduced the item noting that the
City had engaged an actuary to prepare an actuarial evaluation
of the City’s retirement programs specific for the City.
Jeff Muir, Chief Financial Officer, introduced John Bartel who
made the presentation.
John Bartel, Bartel Associates, encouraged Councilmembers to
ask questions at any time during the presentation; he provided
background on the item; an analysis of the impacts of CalPERS;
and actuarial changes on the City’s retirement plans for
miscellaneous and safety employees.
*Councilmember O’Leary joined the meeting at 4:15 p.m.
Discussion ensued between Councilmembers and the Mr. Bartel
regarding investment returns compared with prior years; CalPERS
Smooth Rate of Return; market value vs. actuarial; calculations
and delayed impact; the unpredictability of market value;
multiple five-year layers; volatile contributions in the short-
run as a byproduct of reflected market value unfunded
liability; continued evaluations; amortization schedules;
changes from city to city; demographic assumptions; benefit
formulas; expectation of behavior; mortality; average age of
the population; generational mortality; figures from other
cities; average age of employees; the number of retirees;
health benefits provided to retirees and impacts to mortality
rates; retiring medical valuation for the City; generational
improvements; and Medicare.
Mayor Cooper invited public participation.
There was no response.
Additional discussion ensued between Mr. Bartel and May 13, 2013
Special Meeting
3
Councilmembers regarding figures used to determine a zero
unfunded liability; assumed investment return; rigor that goes
into selecting an investment return; independent investment
advisors; long-term projections; confidence levels; standard
deviations; variance around rates of return; building in a
margin; basis points; CalPERS and different types of
investments; and gradual changes to investments that are more
long-term in nature.
Councilmember O’Leary apologized for missing the presentation
noting that he had previously seen it at the League of
California Cities event.
Further discussion ensued between Councilmembers and Mr. Bartel
regarding unfunded liabilities; more secure financial footing;
new rules to make up for previous CalPERS decisions and
policies; whether the City can do anything at the local level;
the CalPERS contribution policy change; feedback to CalPERS;
lobbying CalPERS for what the City thinks is in their best
interest; the recommended higher contribution; policies of
other cities; and the letter written by Napa County.
Martin Cole, Assistant City Manager/City Clerk, reported that
the presentation given by Mr. Bartel would be available on the
City website on May 14.
o0o
Public Comment – Items Not on the Agenda
Mayor Cooper invited public comment.
There was no response.
o0o
Items from the City Council
None.
o0o
Adjournment
There being no further business, at 5:27 p.m., the City Council
adjourned this Special Meeting to a regular meeting of Monday, May 13, 2013
Special Meeting
4
May 13, 2013 (which began shortly after the conclusion of this
Special Meeting).
o0o
_____________________________________________________________
Martin R. Cole
CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
________________________________________________________________
JEFFREY COOPER
MAYOR of the City of Culver City, California
1
THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE May 13, 2013
CITY COUNCIL, 5:00 p.m.
CULVER CITY,
CALIFORNIA
Call to Order & Roll Call
Mayor Cooper called the meeting of the City Council to order at
5:30 p.m.
Present: Jeffrey Cooper, Mayor
Meghan Sahli-Wells, Vice Mayor
Jim B. Clarke, Councilmember
Micheál O‘Leary, Councilmember
Andrew Weissman, Councilmember
o0o
Closed Session
At 5:31 p.m., the City Council recessed to Closed Session to
discuss the following items:
CS-1 Conference with Real Property Negotiators
Re: 9300 Culver Blvd. (Parcel B)
City Negotiators: John Nachbar, City Manager/Executive Director; Sol
Blumenfeld, Community Development Director/Assistant Executive
Director, and Todd Tipton, Economic Development Administrator
Other Parties Negotiators: Willy Bietak Productions, Inc.
Under Negotiation: Price, Terms of Payment or Both, including use
restrictions, development obligations and other monetary related
considerations
Pursuant to Government Code Section 54956.8
CS-2 Public Employee Performance Evaluation
Title: Fire Chief
Pursuant to Government Code Section 54957
May 13, 2013
2
CS-3 Conference with Legal Counsel – Anticipated Litigation
Re: Initiation of Litigation – 2 Matters
Pursuant to Government Code Section 54956.9(d)(4)
CS-4 Conference with Real Property Negotiators
Re: Various Underground Pipelines Throughout the City
City Negotiators: City Manager John Nachbar; Assistant City Manager
Martin R. Cole
Other Parties Negotiators: Chevron, Conoco-Phillips, Exxon/Mobil,
Plains Exploration and Production Company, Shell
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8
CS-5 Conference with Legal Counsel – Existing Litigation
Re: Simplis, Kandace et al. v. City of Culver City (Case No. CV-9497
JHN (MANx))
Pursuant to Government Code Section 54956.9(a)
o0o
Reconvene
Mayor Cooper reconvened the meeting at 7:19 p.m. with all
Councilmembers present.
o0o
Report on Action Taken in Closed Session
Mayor Cooper indicated there was nothing to report from closed
session except that item CS-4 had not been discussed.
o0o
Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and the
Pledge of Allegiance was previously done by Paul Ehrlich.
o0o
Presentations
Item P-1
May 13, 2013
3
A Proclamation Designating May as Older Americans' Month
Councilmember Clarke presented the proclamation.
o0o
Item P-2
Presentation of a Commendation to CoCo Rubalcava, 2013 Senior
of the Year
Councilmember Weissman presented the commendation to CoCo
Rubalcava.
CoCo Rubalcava thanked the City Council for the honor and
expressed appreciation for being able to help others.
o0o
Item P-3
A Proclamation Designating May as Historic Preservation Month
Councilmember O’Leary presented the proclamation.
Louise Coffey-Webb, President of the Culver City Historical
Society, thanked the City and residents for the honor.
o0o
Item P-5
(Out of Sequence)
A Proclamation Designating May 13 - 19 as Bike Week 2013
Vice Mayor Sahli-Wells presented the proclamation.
Lynn Goldsmith, Transportation Planning Manager for the Metro
Bike Program, discussed the growing number of riders.
Patrick, a volunteer for the Culver City Bicycle Coalition,
announced two pit stops on May 16 for Bike to Work Day.
Sophie Bianchi, Executive Director of the Culver City Downtown
Business Association, announced businesses offering specials
for Bike to Work Day on May 16.
May 13, 2013
4
o0o
Item P-4
Presentation of Certificates of Recognition to Ms. Alexandra
Coatney and Her Students from Echo Horizon School
Mayor Cooper presented the Certificates of Appreciation.
Students explained how they worked to clean up Ballona Creek
and improve water quality in the community.
o0o
Item P-6
A Presentation to the City Council from the West Basin
Municipal Water District - May is Water Month
Edward C. Little, Board Member of the West Basin Municipal
Water District, discussed increasing water needs and the
importance of conserving water, and he recognized West Los
Angeles College, Hoss Entertainment, the City of Culver City,
and the Culver City Unified School District for their help in
water conservation.
o0o
Item P-7
A Presentation to the City Council from the Government Finance
Officers Association - Distinguished Budget Presentation Award
for Fiscal Year 2012/2013 and the Certificate of Achievement
for Excellence in Financial Reporting for the Year Ending June
30, 2011
Jeff Muir, Chief Financial Officer, expressed appreciation for
the award and thanked the City Council and staff for making it
possible.
Martin Cole, Assistant City Manager/City Clerk indicated that
the City had received the award for excellence in budgeting and
handling of municipal finances for many, many years.
o0o
May 13, 2013
5
Community Announcements By City Council Members/Information
Items From Staff
Councilmember Clarke reported that Culver City High School
student Ariana Pacino had been selected for the Congressional
Art Contest and Jaimal Ichhraim is a National Merit Scholarship
Finalist; he reported on the Sister City Exchange trip to
Kaizuka, Japan for the 70
th
anniversary of the City; and he
discussed gifts brought back for the City.
Councilmember O’Leary presented an update from the Metro Expo
Construction Authority Board meeting regarding noise issues;
discussed the sound study; the Independent Cities Association
meeting; fracking issues; bills to be reviewed; and the opening
of the Malibu Lagoon.
Vice Mayor Sahli-Wells congratulated the new Finance Advisory
Committee; thanked Chief Financial Officer Jeff Muir for taking
on the Committee; announced that Bike Week was May 13-19;
reported attending the Culver City Education Foundation
Fundraiser at Sony Studios and congratulated the honorees;
reported attending the Car Show and Fire Service Day; noted
that fire season had started early; encouraged everyone to
attend the meeting of the Community Advisory Panel for the
Inglewood Oil Fields on May 23 at Kenneth Hahn State Recreation
Park; announced that the Oil Drilling Ordinance was available
online; reported that the date for public comment for local
regulation had been extended; and she discussed a resident
request regarding a proclamation for equality in the scouting
community.
Carol Schwab, City Attorney, reported that the community
meeting for input on the oil drilling ordinance would be held
on June 6 with the last date to submit public comment on June
21, and she noted that information would be available online.
Councilmember Weissman discussed fracking bills.
Martin Cole, Assistant City Manager/City Clerk, reported that
the application period for City Commissions, Committees and
Boards would close on May 14, 2013 and that additional
information was available on the City website or by calling the
City Clerk’s office.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS May 13, 2013
6
ADJOURNED THAT IT BE ADJOURNED IN MEMORY OF HERMAN SANDOVAL.
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS
ADJOURNED THAT IT BE ADJOURNED IN MEMORY OF CAROL WEINER.
o0o
Joint Public Comment – Items Not on the Agenda
Mayor Cooper invited public comment.
The following members of the audience addressed the City
Council:
Jim Lissner provided information to the City Council regarding
red light camera reform; he discussed quotas; the practices of
Culver City; increases to tickets issued; courtesy notices; SB
1303; he asked that the City Council support legislation that
notices be clarified in Spanish and other major languages; he
discussed protected plates; and he asked that the City Council
support AB 487.
Councilmember O’Leary expressed concern with the suggestion that
Culver City Police were issuing false tickets; he noted that
people were running red lights; and he discussed people who
choose to ignore red light tickets.
Carlene Brown discussed the process by which Culver City had
taken a position on gun legislation; letters she had written to
Councilmembers; she expressed concern with the City’s
inconsistent policy regarding reading comments into the record;
the Planning Commission decision regarding The Help Group
project; upcoming positions to be filled on the Planning
Commission; and consistency with policies between the City
Council and Commissions.
Shannon Gaulding, Scouts for Equality, expressed concern that
the Scouts discriminate against homosexuals; she discussed her
desire to work from within to create change; The Pinewood
Derby; and she asked the City Council to support a proposed
resolution to rescind the discriminatory bylaw.
Vice Mayor Sahli-Wells requested support to agendize a
discussion of the issue. May 13, 2013
7
Discussion ensued between Councilmembers and staff regarding
the Scout House; the anti-discrimination policy of the City;
the human relations component of the Parks, Recreation and
Community Services Commission; a suggestion that the issue be
discussed at the Commission level; clarification that the
request was that the City issue a resolution and not create
policy; the timing of the issue; support for the issue;
clarification regarding the process; the legislative framework
of principals; national policies; creating a process to
indicate what the City Council supports so that staff can act
and things don’t have to go through the City Council each time;
the dynamic of the resolution; effects to the relationship with
the Scout House; whether the City Council wants to take a
position to try to influence the national policy of the Boy
Scouts; and having the Mayor send a letter vs. expressing
support for the proposed proclamation.
Discussion ensued between Ms. Gaulding and the City Council
regarding getting something out to the Boy Scouts’ National
Council prior to their vote; commentary from scouting families
and corporate donors; and the passage of a resolution by West
Hollywood.
Additional discussion ensued between staff and Councilmembers
regarding sending a letter to the Boy Scouts urging them to
make changes in their policy consistent with Culver City’s
existing anti-discrimination policy; support for the proposed
resolution; sending the letter in time for the vote of the Boy
Scouts; concern with watering down the message; and a
suggestion that the policies of Culver City and of local troops
in the City be discussed in the letter.
Jay Shery, Culver City Exchange Club, thanked the City Council,
staff, sponsors, businesses and volunteers for their support of
the Car Show.
Councilmember Clarke received verification that business at
downtown restaurants had increased during the Car Show.
Cary Anderson indicated that he was waiting for information
from the Police Department regarding the Car Show and would
have a presentation regarding what worked and what didn’t work
at the Car Show along with suggestions for improvements in
2014. May 13, 2013
8
John Nahhas, The Boating Coalition, asked the City Council for
help protecting recreational facilities in Marina del Rey;
discussed the exclusion of Culver City residents from the
public process and development in the area; discussed the
increase in development and decrease in recreational
facilities; County officials’ assertion that they do not have
resources to include other areas in the process; and he asked
that Culver City get involved.
Michelle Weiner, Transition Culver City, spoke as Chair of the
Assembly District 54 Environmental Cabinet regarding Assembly
Bills going through committee; she discussed how to express
support for AB 1323 and encouraged everyone to do so; and she
announced a meeting at Holman United Methodist Church on May
14.
Mayor Cooper reported that the City Council had sent letters of
support for the bills.
Eleanor Osgood asked about an ordinance regarding R-1 lots and
development that included neighbor courtesy notification for
new developments.
John Nachbar, City Manager, indicated that he would provide
information to Ms. Osgood.
Rich Waters thanked Councilmember O’Leary for his assistance
with ficus trees noting that there were still infected trees in
the area that needed to be addressed before more trees were
lost.
o0o
Receipt of Correspondence
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE
CORRESPONDENCE.
o0o
Joint Consent Calendar
Item JC-1
JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY May 13, 2013
9
AGENDA ITEM: Cash Disbursements
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CASH DISBURSEMENTS FOR APRIL 13, 2013 – MAY 3, 2013.
o0o
Martin Cole, Assistant City Manager/City Clerk, requested that
item C-1 be held to the May 28, 2013 meeting to allow time to
review changes requested by Vice Mayor Sahli-Wells.
Councilmember Clarke indicated that he would have to recuse
himself from item C-5 as it is within 500 feet of his residence
and he requested that additional information be provided to the
public for items C-8 and C-9.
Vice Mayor Sahli-Wells reported that she would need to recuse
herself on a portion of item C-3 and from item C-11 due to a
conflict of interest.
Councilmember O’Leary received verification that a report would
be given on appointments to outside agencies and subcommittees
at the end of the meeting as stated in the minutes of April 22,
2013.
Consent Calendar
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CONSENT CALENDAR ITEMS C-2, C-4, C-6, C-7, AND C-10 AS NOTED
BELOW.
Item C-1
Approval of Minutes for the Regular Meetings of April 8, 2013
and April 22, 2013
This item was deferred to the meeting of May 28, 2013.
o0o
Item C-2
Approval of a Professional Services Agreement with IDC
Consulting Engineers, Inc. for Final Design Services for the May 13, 2013
10
Higuera Street Bridge Replacement Project, P-553, BHLS
5240(026) in the Amount Not-to-Exceed $960,700 ($859,807 for
the Base Contract and $100,893 in Change Order Authority)
THAT THE CITY COUNCIL:
1) APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH IDC
CONSULTING, INC. FOR FINAL DESIGN SERVICES FOR THE HIGUERA
BRIDGE REPLACEMENT PROJECT, P-553 IN THE AMOUNT OF $859,807;
AND,
2) AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE
CHANGE ORDERS, IF NECESSARY, FOR AN AMOUNT NOT-TO-EXCEED
$100,893 (11.73% OF $859,807); AND,
3) AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND,
4) AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o
Item C-4
(Out of Sequence)
Adoption of a Resolution Approving an Encroachment Agreement
with Freedom Telecommunications, Inc. for a Proposed Fiber
Optic Telecommunication Cable installation on the Public
Rights-of-Way of National Boulevard and Helms Avenue
THAT THE CITY COUNCIL:
1. ADOPT A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH
FREEDOM TELECOMMUNICATIONS, INC FOR A PROPOSED FIBER OPTIC
TELECOMMUNICATION CABLE INSTALLATION ON THE PUBLIC RIGHTS-OF-
WAY OF NATIONAL BOULEVARD AND HELMS AVENUE; AND,
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 May 13, 2013
11
(Out of Sequence)
Adoption of a Resolution (1) Amending City Council Policy
Statement No. 4209 Entitled “Purchasing Cards,” to Update the
Guidelines and Controls for the Use of City Issued Purchasing
Cards and (2) Rescinding Resolution No. 2007-R071
THAT THE CITY COUNCIL ADOPT A RESOLUTION (1) AMENDING CITY
COUNCIL POLICY STATEMENT NO. 4209 ENTITLED “PURCHASING CARDS,”
TO UPDATE THE GUIDELINES AND CONTROLS FOR THE USE OF CITY
ISSUED PURCHASING CARDS AND (2) RESCINDING RESOLUTION 2007-
R071.
o0o
Item C-7
Approval of an Agreement with Hull Brothers Roofing Company for
Roof Repairs and Skylight Replacements at the Police
Department, Fire Station No. 1, and Public Service Facility in
an Amount Not-to-Exceed $247,379 ($224,890 for the Base
Contract and $22,489 in Change Order Authority)
THAT THE CITY COUNCIL:
1. APPROVE AN AGREEMENT WITH HULL BROTHERS ROOFING COMPANY IN
THE AMOUNT OF $224,890.00 FOR THE ROOFING REPAIRS AT THE POLICE
DEPARTMENT, FIRE STATION NO. 1 AND THE PUBLIC SERVICE FACILITY;
AND,
2. AUTHORIZE THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO APPROVE
CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED $22,489.00; AND,
3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o
Item C-10
(Out of Sequence)
Authorization to Release a Request for Proposal (RFP) to
Outsource Audio Visual Production Services for Broadcasting May 13, 2013
12
City Meetings from the Mike Balkman Council Chambers
THAT THE CITY COUNCIL: AUTHORIZE THE RELEASE OF A REQUEST FOR
PROPOSAL (RFP) TO OUTSOURCE AUDIO VISUAL PRODUCTION SERVICES
FOR BROADCASTING CITY MEETINGS IN THE MIKE BALKMAN COUNCIL
CHAMBERS.
o0o
Item C-5
(Out of Sequence)
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for a Proposed Fiber Optic
Telecommunication Cable Installation on the Public Right-of-Way
of Jefferson Boulevard, Approximately 300 Feet South of Raintree
Circle
Councilmember Clarke recused himself and exited the dais.
MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY VICE MAYOR
SAHLI-WELLS THAT THE CITY COUNCIL:
1. ADOPT A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT WITH
TIME WARNER CABLE FOR A NEW FIBER OPTIC TELECOMMUNICATION LINE
ON JEFFERSON BOULEVARD, APPROXIMATELY 300 FEET SOUTH OF RAINTREE
CIRCLE; 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. THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: COOPER, O’LEARY, SAHLI-WELLS, WEISSMAN
NOES: NONE
ABSENT: NONE
RECUSED: CLARKE
Councilmember Clarke returned to Council Chambers.
o0o
Item C-11
(Out of Sequence)
Approval of an Agreement to Purchase Replacement Enterprise May 13, 2013
13
Storage System Equipment and Related Installation and
Maintenance Services from Hewlett Packard (Oak Park, CA)
Through the Authorized Reseller Govplace (Irvine, CA)
Vice Mayor Sahli-Wells recused herself and exited the dais.
MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY COUNCILMEMBER
CLARKE THAT THE CITY COUNCIL:
1. APPROVE AN AGREEMENT TO PURCHASE EQUIPMENT AND RELATED
MAINTENANCE AND INSTALLATION SERVICES TO REPLACE AN ENTERPRISE
STORAGE AREA NETWORK (SAN) WITH GOVPLACE OF IRVINE, CA IN THE
AMOUNT OF $149,323.31; AND,
2. AUTHORIZE THE CHIEF INFORMATION OFFICER TO APPROVE RENEWALS
OF THE MAINTENANCE ON THE SAN AND RELATED SYSTEMS FOR THE
VIRTUAL ENVIRONMENT DURING THE TERM OF SERVICE WITH THE CITY;
3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE ANY NECESSARY
DOCUMENTS; AND,
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY. THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: CLARKE, COOPER, O’LEARY, WEISSMAN
NOES: NONE
ABSENT: NONE
RECUSED: SAHLI-WELLS
Vice Mayor Sahli-Wells returned to Council Chambers.
o0o
Item C-3
(Out of Sequence)
(1) Approval of the Final Plans and Specifications and (2)
Authorization to Publish a Notice Inviting Bids for Construction
of the Linwood E. Howe Safe Routes to School Project, P-941
Carol Schwab, City Attorney, indicated that Vice Mayor Sahli-
Wells wanted to recuse herself from consideration of two
intersections in the item as they are close to her home and she
suggested that the motion be bifurcated.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER May 13, 2013
14
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE THE FINAL PLANS AND SPECIFICATIONS FOR THE LINWOOD
E.HOWE SAFE ROUTES TO SCHOOL PROJECT, P-941 WITH THE EXCEPTION
OF THE INTERSECTIONS OF DUQUESNE AND LUCERNE, AND IRVING AND
FARRAGUT; AND,
2. AUTHORIZE THE PUBLICATION OF A NOTICE INVITING BIDS FOR
CONSTRUCTION OF THE LINWOOD E. HOWE SAFE ROUTES TO SCHOOL
PROJECT, P-941.
Vice Mayor Sahli-Wells recused herself and exited the dais.
MOVED BY COUNCILMEMBER WESSIMAN AND SECONDED BY COUNCILMEMBER
CLARKE, THAT THE CITY COUNCIL APPROVE THE FINAL PLANS AND
SPECIFICATIONS FOR THE LINWOOD E.HOWE SAFE ROUTES TO SCHOOL
PROJECT, P-941 INCLUDING THE INTERSECTIONS OF DUQUESNE AND
LUCERNE AND IRVING AND FARRAGUT. THE MOTION CARRIED BY THE
FOLLOWING VOTE:
AYES: CLARKE, COOPER, O’LEARY, WEISSMAN
NOES: NONE
ABSENT: NONE
RECUSED: SAHLI-WELLS
Vice Mayor Sahli-Wells returned to Council Chambers.
o0o
Item C-8
(Out of Sequence)
(1) Approval of a Professional Services Agreement with Minagar &
Associates, Inc., to Perform a Citywide Speed Zone Study in
Accordance with the Requirements of Section 627 of the
California Vehicle Code in an Amount Not-to-Exceed $61,867
($56,243 for the Base Contract and $5,624 in Change Order
Authority); and Approval of a Related Budget Amendment
Charles Herbertson, Pubic Works Director, clarified that the
City is required by law to periodically update those studies in
order to continue to use radar and he explained the process.
Councilmember Clarke received clarification that there was not a
role for the public to play in the process and that California
law governs the method used to establish speed limits. May 13, 2013
15
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1) APPROVE A PROFESSIONAL SERVICES CONTRACT WITH MINAGAR &
ASSOCIATES, INC., IN THE AMOUNT OF $56,243, TO A) PERFORM A
CITYWIDE SPEED ZONE STUDY INCLUDING THE REVIEW OF EXISTING
CITYWIDE SPEED LIMITS, RECOMMEND CHANGES (INCREASES OR
REDUCTIONS) TO SPEED LIMITS IN ACCORDANCE WITH THE REQUIREMENTS
OF SECTION 627 OF THE CALIFORNIA VEHICLE CODE, AND CONDUCT
ENGINEERING AND TRAFFIC SURVEYS OF STREET SEGMENTS THROUGHOUT
THE CITY, AND B) TO COLLECT THREE-DAY TRAFFIC VOLUMES BY MACHINE
TUBE COUNTS AT EACH STUDY SEGMENT IDENTIFIED IN THE RFP; AND,
2) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO
APPROVE CHANGE ORDERS IN AN ADDITIONAL MOUNT NOT-TO-EXCEED
$5,624; AND,
3) APPROVE A BUDGET AMENDMENT APPROPRIATING $31,892 FROM FUND
417 COMMUNITY DEVELOPMENT IMPACT FEE FUND TO P-811 CITYWIDE
SPEED ZONE STUDY; AND,
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.
o0o
Item C-9
Approval of Final Plans and Specifications and Authorization to
Publish a Notice Inviting Bids for the 2013 Residential Overlay
Project, P-863, P-903
Charles Herbertson, Public Works Director, explained the
pavement management system to select streets noting that input
is taken from the public and from maintenance operations staff.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE THE FINAL PLANS AND SPECIFICATIONS FOR THE 2011
RESIDENTIAL OVERLAY PROJECT, P-863, P-903; AND
2. AUTHORIZE THE PUBLICATION OF A NOTICE INVITING BIDS FOR May 13, 2013
16
CONSTRUCTION OF THE 2011 RESIDENTIAL OVERLAY PROJECT, P-863, P-
903.
o0o
Order of the Agenda
No changes were made.
o0o
Public Hearing
Item PH-1
Adoption of a Resolution 1) Establishing and Amending Various
Fees and Charges for Services Provided by the City and 2)
Rescinding Prior Fee Resolution No. 2012-R035
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
AND FILE AFFIDAVITS OF PUBLICATION AND POSTING OF PUBLIC
NOTICES.
Nick Kimball, Senior Management Analyst, provided a summary of
the material of record.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL OPEN THE
PUBLIC HEARING.
Martin Cole, Assistant City Manager/City Clerk, indicated that
correspondence received on the item had been distributed to
Councilmembers and was received in the motion for receipt of
correspondence.
Mayor Cooper invited public comments.
There was no response.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL CLOSE THE
PUBLIC HEARING.
Discussion ensued between staff and Councilmembers regarding
the OPEB liability; oil well permit fees; the new ordinance; May 13, 2013
17
parkway inspection fees; rain gardens; incentives; storm water
mitigation; fees for trash, organic waste, and recycling for
special events; establishing a business recycling program; free
bus fare for City employees; and clarification that fees for
off-duty police officers are separate from the item being
considered.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT A
RESOLUTION:
1) ESTABLISHING AND AMENDING VARIOUS FEES AND CHARGES FOR
SERVICES PROVIDED BY THE CITY; AND
2) RESCINDING PRIOR FEE RESOLUTION NO. 2012-R035.
o0o
Joint Action Item
Item JA-1
JOINT CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/PARKING
AUTHORITY AGENDA ITEM: Presentation of the City Manager’s/
Executive Director’s Proposed Budget for Fiscal Year 2013/2014
John Nachbar, City Manager, introduced the item and expressed
appreciation to staff for being willing to accept change and
work together.
Jeff Muir, Chief Financial Officer, provided a summary
presentation of the budget.
Mayor Cooper invited public comment.
There was no response.
Discussion ensued between staff and Councilmembers regarding
participation of residents; adding a public component to the
process; the process last year; educating the public; Measure
Y; preserving the existing level of service and quality of
life; limited room for major change; information available
online; neighborhood association meetings; the Finance Advisory
Committee; using resources widely; the level of public
interest; appreciation to the Chief Financial Officer for his
efforts and for the clarity of the presentation; small May 13, 2013
18
attendance at previous efforts at public outreach; improvements
to the economy; the Executive Summary; the local economy;
development issues; the attractiveness of Culver City;
transportation options; and positive momentum.
MOVED BY VICE MAYOR SAHLI-WELLS, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE
THE PROPOSED BUDGETS AND A PRESENTATION FROM STAFF
o0o
Action Items
Item A-1
(1) Introduction of an Ordinance Amending the Culver City
Municipal Code by Adding a New Chapter 11.16 Relating to
Single-Use Carryout Bags and (2) Adoption of a Resolution
Related to the California Environmental Quality Act (CEQA)
Determination Related Thereto
Helen Kerstein, Management Analyst, provided a summary of the
material of record noting small modifications to the Los
Angeles ordinance proposed by staff.
Mayor Cooper explained procedures for public speaking and
invited public participation.
The following members of the audience addressed the City
Council:
Ed Tarvyd, Professor at Santa Monica College, asserted that
plastic bags were cosmetic pollution; clarified that they were
not part of the food chain of any animal group; discussed
accidental ingestion by animals; noted that the bags that end
up in Culver City originate in other parts of Los Angeles
County via Ballona Creek; indicated that plastic bags are
relatively sterile whereas reusable bags are full of bacteria;
and he expressed concern with the spread of disease.
Ken Ruben presented a reusable bag and a plastic bag that he
uses; he discussed using public transportation; the strength of
bags; the water repellant nature of plastic bags; he asked that
the City Council not rush into the ban; he wanted to see
medical information about reusable bags; and he expressed
opposition to the ban.
May 13, 2013
19
Jim Lamm, Ballona Creek Renaissance, discussed Ballona Creek;
their mission; Creek clean ups; plastic bags in the Creek;
other organizations that they work with; the relationship with
other counties enacting bans; he encouraged people to look into
medical research; he discussed Los Angeles County Health;
washing reusable bags; reusing bread bags and cereal box
liners; reducing maintenance costs to the City; and he
expressed support for the plastic bag ban.
Sarah Sheehy, California Grocers Association, indicated that
the Association was comfortable with this type of ordinance;
she discussed other cities with similar regulations; the
ban/charge model as an effective tool to retrain people to
bring reusable bags; studies on bag safety; product bag
exemptions; keeping items separated in reusable bags; concern
with requiring retailers to post signs and enforcement and
penalties; and she observed that Culver City and Los Angeles
were on track for approval at the same time.
Discussion ensued between staff, Councilmembers and Ms. Sheehy
regarding signage; posting a message on paper bags; concern
with the penalties rather than the signage requirement; the
written warning; and penalties to ensure compliance.
Michelle Weiner, Transition Culver City, thanked the City
Council for going about the process in a cost effective way;
she discussed modeling after the County; avoiding an expensive
EIR process; other transitions in the City; the ban on smoking
in public; bringing bags to department stores; and changing
habits.
Councilmember Weissman noted that signage was provided to
restaurants when the smoking ordinance was adopted.
Goran Eriksson discussed the goals of the plastic bag ban
noting that the ban would not solve any of the problems; he
stated that the issue was not an oil issue; he discussed old
data from the Environmental Impact study; a study done by Los
Angeles County one year after the ban was enacted; usage of
produce bags; a study conducted in Ireland after their ban;
clarification that reusable bags are not recyclable; increases
to green house gases; clarification that 2% of the plastic in
the ocean is from reusable bags; and concerns with e-coli.
Craig Cadwallader, Surfrider Foundation, expressed support for
the ordinance; asserted that it would help the environment;
discussed the restaurant exclusion from the ban; the San May 13, 2013
20
Francisco ordinance; lawsuits; fast food carryout;
biodegradability of the bags; urban tumbleweeds; NPDES
standards; quality of life; reusable bags and health issues;
and he expressed support for adopting the ordinance.
Kathryn Benz, Heal the Bay, expressed support for the
ordinance; appreciated the opportunity to provide comments on
the addendum to the County EIR; discussed the effectiveness of
the ordinance; bag replacement assumptions; recent data
released by the County; reductions to the use of paper bags;
and she asked that the data be considered in the addendum
before it is finalized.
Juli Schulz, Surfrider Foundation LA, reported on recently
released data regarding food borne illnesses; she expressed
support for the ordinance; discussed recent beach clean ups;
and plastic bag consumption by dolphins and fish.
Mary McNeill, Surfrider Foundation LA, expressed support for
the ordinance for environmental reasons.
Elena Sweda Neff expressed concern that the ban would not solve
the problem and that reusable bags would become the new
problem; she discussed biodegradable dog poop bags; she wanted
a commitment to do better; she discussed education; proper use
and disposal of all trash; issues with the downtown area; she
challenged the City to set a new standard and consider long-
term consequences; she discussed environmental benefit vs.
environmental image; and the goal of being citizens of
environmental sustainability.
Rich Waters reported on a volunteer group that goes out in the
ocean to collect plastic trash; he noted that plastic bags
break down to a gelatinous mess that affects small creatures in
the food chain; and he suggested posting banners to remind
people to bring their reusable bags and change their habits.
Stephen Murray expressed approval for the ban and the CGA
modifications; he discussed the thoughtless use and disposal of
single use plastic bags; the green image of the City; shopping
close to home; and he was looking forward to an upcoming
polystyrene ban.
Eleanor Osgood expressed pride in the City Council; she felt
that take out and fast food restaurants should be included in
the ban; and she thanked the City Council for all of their work
on environmental issues. May 13, 2013
21
Jeremy Green, Management Analyst, read written comments
submitted by:
James Alamillo
Jim Cragg, Green Vets LA
Discussion ensued between staff and Councilmembers regarding
clarification that written comments that are turned in at the
meeting are read, but those submitted via email before the
meeting are kept as part of the record; a reminder that the
policy is noted on the first page of the agenda; focusing on
those people who take the time to come down to the City Council
meeting; policies of other cities, the state of California, and
other countries; studies funded by the plastic bag industry;
the leadership of Los Angeles County; lawsuits; a future
styrofoam ban; Typhoid Mary; the magnitude of the problem; the
confusing nature of the issue; the 2% nature of the problem;
sending a message; acknowledgement that the change won’t solve
the problem; creating awareness; practices of Sister City
Kaizuka, Japan; flexibility of the bag fee; clarification that
the bag fee is to cover education and costs to the store;
reporting requirements; the enforcement process; restaurants;
Manhattan Beach; consistency with the Los Angeles County
ordinance; polyurethane; reducing the plastic bag fee after
initial costs are expended; changes to addendum language; the
study on whether paper bag use increased after the ban in
certain areas; potential health issues; addressing concern with
putting Culver City businesses at a disadvantage; the issue of
plastic pollution; and taking steps in the right direction.
Councilmember Clarke inquired about the language in the
proposed Ordinance which would only allow the City Council to
increase the per paper bag fee(and not lower it).
{NOTE FROM THE CITY CLERK: At the City Council meeting of May
28, 2013, the City Council adopted the Ordinance with clarified
language that would allow the City Council to change the per
paper bag fee to a level the City Council deemed appropriate so
long as the fee met the minimum level contained in the
Ordinance ($0.10 per bag minimum).}
MOVED BY COUNCILMEMBER SAHLI-WELLS, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. INTRODUCE AN ORDINANCE AMENDING THE CULVER CITY MUNICIPAL May 13, 2013
22
CODE ADDING A NEW CHAPTER 11.16 RELATING TO SINGLE-USE CARRYOUT
BAGS; AND,
2. ADOPT A RESOLUTION CERTIFYING AN ADDENDUM TO THE LOS ANGELES
COUNTY FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS.
o0o
Item A-2
Approval of a Professional Services Agreement with CTC
Technology & Energy (Kensington, MD) for a Fiber Network
Feasibility Study in an Amount Not-to-Exceed $71,500
Mayor Cooper invited public input.
There was no response.
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1.APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH CTC TECHNOLOGY
& ENERGY FOR A FIBER NETWORK FEASIBILITY STUDY IN THE AMOUNT OF
$65,000; AND,
2. AUTHORIZE THE CITY MANAGER TO APPROVE CONTRACT CHANGE ORDERS
FOR ADDITIONAL SERVICES IN AN AMOUNT NOT-TO-EXCEED TEN PERCENT
(10%) OF THE CONTRACT IF DEEMED APPROPRIATE ($6,500 FOR A TOTAL
NOT-TO-EXCEED AMOUNT OF $71,500); AND,
3. AUTHORIZE THE CITY ATTORNEY TO PREPARE/REVIEW THE NECESSARY
DOCUMENTS; AND,
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o
Item A-3
(1) Consideration of the Amount of In-Kind Assistance for and
Possible City Sponsorship of IndieCade: International Festival
of Independent Games; and (2) Approval of a Related License
Agreement
Jeremy Green, Management Analyst, provided a summary of the May 13, 2013
23
material of record.
Mayor Cooper invited public input.
The following members of the audience addressed the City
Council:
Seth Horowitz, The Culver Hotel, expressed support for the
event.
Stephanie Barish, IndieCade, responded to inquiry regarding
internet access; issues last year at Veterans Auditorium;
practices in previous years; alternatives; and concern with
being able to grow without internet access.
Discussion ensued between Ms. Barish, staff and Councilmembers
regarding a recommendation to add wifi to Veterans Auditorium in
the budget; the Fire Station issue; the ability to provide
internet access at Veterans Auditorium; attempts to get a
sponsorship from Time Warner; whether there are other entities
that want to book Veterans Auditorium at that time; potential
loss of revenue by the City; attempts to hold the awards event
in Culver City rather than Santa Monica; requirements for the
awards event; The Culver Studios; fee waiver requests;
clarification that the entity running the festival is not a
501c3; whether the City has ever waived fees for a for-profit
entity aside from IndieCade; participation by the City in
previous years; concern with fee waivers for Veterans Auditorium
and lost revenue; use of Council Chambers; the banner permit fee
waiver request; clarification that the event is growing; concern
that the event is asking for additional support; money saved if
the City is able to provide wifi access; storage; the cash
sponsorship in previous years; appreciation to staff for their
assistance with the event; the amount of assistance and fee
waivers; the wifi charge last year; agreement to match last
year’s level of support; the overall budget message; wifi in the
downtown area; clarification that Thursday is the business
networking day for the event; the banner permit waiver fee; the
additional space request; clarification that the rooms at
Veterans Auditorium were approved administratively last year as
there were no bookings at that time; hours of use; a request
that the awards show be held in Culver City; work done by
IndieCade to try to find a suitable location for the awards
show; clarification that Santa Monica is “comping” the room for
the awards show; monetary sponsors this year; clarification that
the event is paid for through sponsorship; and the presence of May 13, 2013
24
Sony last year.
Additional discussion ensued between Councilmembers and Ms.
Barish regarding the use of security guards and Culver City
Police last year; the refundable security deposit; the
requirement for a police presence if alcohol is served; City
Council discretion to require a police officer or a security
guard; minimum number of hours the police officer gets paid; and
liability issues.
Further discussion ensued regarding crafting a motion with City
Council consensus that the City waive the costs of the rooms at
Veterans Auditorium; waive the banner permit; make a good faith
effort to expedite internet installation at Veterans Memorial
Complex; and not waive the police officer requirement.
MOVED BY COUNCILMEMBER O’LEARY AND SECONDED BY VICE MAYOR SAHLI-
WELLS THAT THE CITY COUNCIL:
1. DETERMINE WHAT LEVEL OF IN-KIND FINANCIAL ASSISTANCE TO PROVIDE TO
CREATIVE MEDIA COLLABORATIVE, INC. RELATED TO THE 2013 INDIECADE
EVENT IN AN AMOUNT OF $13,286; AND,
2. (IN THE CASE SUCH IN-KIND FINANCIAL ASSISTANCE IS DETERMINED
TO BE AT LEAST $1,000), CONSIDER DESIGNATING THE 2013 INDIECADE
EVENT AS A CITY SPONSORED EVENT; AND,
3. APPROVE A LICENSE AGREEMENT BETWEEN THE CITY AND CREATIVE
MEDIA COLLABORATIVE, INC. FOR THE USE OF CITY PUBLIC RIGHTS-OF-
WAY, PROPERTY, AND EQUIPMENT AS PART OF THE 2013 INDIECADE
EVENT; AND,
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. THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: CLARKE, COOPER, O’LEARY, SAHLI-WELLS
NOES: WEISSMAN
o0o
Item A-4
Consideration of City Sponsorship for the First Annual TEDx May 13, 2013
25
Event in Culver City
Todd Tipton, Economic Development Administrator, provided a
summary of the material of record.
Mayor Cooper invited public participation.
The following member of the audience addressed the City Council:
Seth Horowitz, The Culver Hotel, expressed support for the item.
Discussion between staff and Councilmembers ensued regarding
whether all of the dates are used; impacts to other events at
the Theatre; and the additional 100 parking spaces at City Hall.
MOVED BY VICE MAYOR SAHLI-WELLS, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPROVE (A) A WAIVER OF PARKING SPACE RENTAL FEES FOR EVENT
PARKING AT CITY HALL IN AN AMOUNT OF AT LEAST $1,000 (GIVEN A
$6/SPACE/DAY RATE PREVIOUSLY APPLIED FOR A SIMILAR RENTAL),
AND/OR (B) VALUE THE COMMUNITY ACCESS DAY AT THE “NORMAL” RENTAL
RATE OF KIRK DOUGLAS THEATER ($2,000) AS THE CITY’S IN-KIND
CONTRIBUTION TO THE EVENT; AND,
2. DESIGNATE THE TEDX CULVER CITY EVENT A CITY SPONSORED EVENT
AND THUS ALLOWING THE ORGANIZATION TO BE ELIGIBLE TO UTILIZE THE
KIRK DOUGLAS THEATRE ON A COMMUNITY ACCESS DAY AS PROVIDED IN
THE DEVELOPMENT AND DISPOSITION AGREEMENT BETWEEN THE CITY AND
THE CENTER THEATRE GROUP; AND,
3. AUTHORIZE THE CITY ATTORNEY TO REVIEW/PREPARE THE NECESSARY
DOCUMENTS; AND,
4. AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS ON
BEHALF OF THE CITY.
o0o
Item A-5
(1) Adoption of Resolutions and/or Motions Appointing City
Council Members/Staff Members to various Outside Agency Boards,
City Council Subcommittees and Other Related Bodies; and (2)
Discussion and Potential Approval of a New Purpose and Scope for
the Ad-Hoc Sustainability Subcommittee May 13, 2013
26
A discussion ensued between staff and the City Council regarding
legal requirements and alternates.
At this time the following motions were made:
Item 1
Adopt Resolution No. 2013-R028
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2013-R028 APPOINTING A MEMBER AND AN ALTERNATE
MEMBER TO THE LOS ANGELES COUNTY CITY SELECTION COMMITTEE AND
RESCINDING RESOLUTION 2012-R028.
[Mayor Cooper was appointed Member and Councilmember O’Leary was
appointed Alternate Member.]
o0o
Item 2
Adopt Resolution No. 2013-R033
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2013-R033 APPOINTING A MEMBER AND AN ALTENATE
MEMBER TO THE LOS ANGELES COUNTY DIVISON OF THE LEAGUE OF
CALIFORNIA CITIES AND RESCINDING RESOLUTION 2012-R033.
[Mayor Cooper was appointed Member and Councilmember O’Leary was
appointed Alternate Member.]
o0o
Item 3
Adopt Resolution No. 2013-R031
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2013-R031 APPOINTING A MEMBER AND AN ALTENATE
MEMBER TO THE LOS ANGELES COUNTY SANITATION DISTRICT NO. 5 AND
RESCINDING RESOLUTION 2012-R031.
May 13, 2013
27
[Mayor Cooper was appointed Member and Vice Mayor Sahli-Wells
was appointed Alternate Member.]
o0o
Item 4
Adopt Resolution 2013-R032
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADOPT
RESOLUTION NO. 2013-R032 APPOINTING A MEMBER AND AN ALTENATE
MEMBER TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) AND RESCINDING RESOLUTION 2012-R032.
[Mayor Cooper was appointed Member and Councilmember O’Leary was
appointed Alternate Member.]
Vice Mayor Sahli-Wells expressed interest in attending the
meetings as a non-voting member.
o0o
Item 5
Appointment to the Oversight Board to the Successor Agency of
the Redevelopment Agency
No action was taken on this item. The prior appointments of
Councilmember Weissman and Mr. Kimball remain in full force and
effect.
o0o
Item 6
Disaster Management “Area A” Executive Board (New for 2013)
The City Council appointed John Nachbar, City Manager, to serve
on the Disaster Management “Area A” Executive Board.
Councilmember Clarke received clarification that other committee
appointments would be heard at a later time.
May 13, 2013
28
Discussion ensued between staff and Councilmembers regarding the
purpose and scope of the ad hoc Sustainability Subcommittee; the
sustainability plan for Culver City; the many different issues
handled over the year; a suggestion to make the Sustainability
ad hoc subcommittee into a standing subcommittee of the City
Council; the broader scope; recent direction from the City
Council; and membership.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
CLARKE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE A
NEW SCOPE/PURPOSE AND DETERMINE THAT THE SUSTAINABILITY
SUBCOMMITTEE BE A STANDING SUBCOMMITTEE OF THE CITY COUNCIL.
o0o
Public Comment – Items Not on the Agenda
Mayor Cooper invited public comment.
None.
o0o
Items from the City Council
Items from Vice Mayor Sahli-Wells
• Reported that the Sustainability Subcommittee recommended
that the City Council consider the multi-family housing
smoking issue and she asked that staff look at the policies
of other cites
Carol Schwab, City Attorney, indicated that the item would be
coming forward toward the end of July.
o0o
Adjournment
There being no further business, at 12:19 a.m. on Tuesday, May
14, 2013, the City Council adjourned its meeting in memory of
Herman Sandoval and Carol Weiner, to a meeting on Tuesday, May
28, 2013 at 7:00 p.m.
o0o
May 13, 2013
29
________________________________________________________________
Martin R. Cole
CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
________________________________________________________________
JEFFREY COOPER
MAYOR of the City of Culver City, California
1
THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE
CITY COUNCIL
REGULAR MEETING OF THE May 28, 2013
CITY COUNCIL 5:30 p.m.
CULVER CITY, CALIFORNIA
Call to Order & Roll Call
Mayor Cooper called the meeting of the City Council to order at 5:30
p.m.
Present: Jeffrey Cooper, Mayor
Meghan Sahli-Wells, Vice Mayor
Jim B. Clarke, Councilmember
Micheál O‘Leary, Councilmember
Andrew Weissman, Councilmember
o0o
Closed Session
At 5:31 p.m., the City Council recessed to Closed Session to
discuss the following items:
CS-1 Conference with Legal Counsel – Existing Litigation
Re: Jeffrey Eastman v City of Culver City
Case No. WCAB ADJ7904064, 7904066
Pursuant to Government Code Section 54956.9(d)(1)
CS-2 Conference with Real Property Negotiators
Re: Various Underground Pipelines Throughout the City
City Negotiators: John Nachbar, City Manager;
Martin R. Cole, Assistant City Manager
Other Parties Negotiators: Chevron, Conoco-Phillips,
Exxon/Mobil, Plains Exploration and Production Company, Shell
Under Negotiation: Both Terms and Price
Pursuant to Government Code Section 54956.8 May 28, 2013
2
CS-3 Conference with Labor Negotiators
City designated representatives: City Manager John Nachbar,
Director of Human Resources Serena Wright
Employee Organizations: Culver City Employees Association,
Culver City Management Group, Culver City Police Officers'
Association, Culver City Police Management Group, Culver City
Firefighters' Association Local 1927, AFL-CIO, Culver City
Fire Management Group
Pursuant to Government Code Section 54957.6
o0o
Reconvene
Mayor Cooper reconvened the City Council meeting at 7:09 p.m.
with all Councilmembers present.
o0o
Report on Action Taken in Closed Session
Mayor Cooper indicated there was nothing to report from closed
session.
o0o
Invocation/Pledge of Allegiance
The Invocation was given by John Nachbar, City Manager, and the
Pledge of Allegiance was led by Rich Waters.
o0o
Presentations
Item P-1
Presentation to the City Council from the Culver City Chamber of
Commerce
A representative from the Chamber of Commerce announced that
June was Small Business month; encouraged everyone to support
local business in Culver City; and presented a gavel to the
Mayor to express the appreciation of the Chamber of Commerce to
the City.
May 28, 2013
3
o0o
Item P-2
Presentation of Certificates of Recognition to the Participants
in the 2013 Homeless Count
John Wahlert, Culver City Homelessness Committee, provided
background on the Homelessness Count.
Christopher Patrick King, Culver City Homelessness Committee, noted
the difficulty of conducting the count without the support of the
eliminated redevelopment agency; he expressed appreciation to
staff, Councilmembers, local businesses and community members for
their help; and he provided a brief recap of the count noting that
a more extensive presentation would be made in the future.
Councilmembers presented certificates of recognition to
participating businesses and to volunteer enumerators.
o0o
Community Announcements By City Council Members/Information
Items From Staff
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT WHEN THIS MEETING IS
ADJOURNED, THAT IT BE ADJOURNED IN MEMORY OF THOSE CULVER CITY
RESIDENTS WHO SERVED IN THE ARMED SERVICES AND GAVE THEIR LIVES
IN PROTECTION OF OUR COUNTRY.
Vice Mayor Sahli-Wells announced dates for the Summer Concert
series in front of City Hall on Thursday evenings from July 11
through August 15, noting that donations were welcome for those
who wanted to contribute to help keep the arts alive in Culver
City, and she reported on Bike to Work Week, May 13-19 noting
the success of the joint effort between the Culver City Bicycle
Coalition, the City of Culver City, the L.A. County Coalition
and Metro.
Mayor Cooper announced the Train for Autism Kids Run on June 16
benefitting Train for Autism and the Culver City Education
Foundation, and he indicated that additional information was
available at culvercityrun.org.
o0o May 28, 2013
4
Joint Public Comment – Items Not on the Agenda
Mayor Cooper invited public comment.
The following members of the audience addressed the City
Council:
Mark Olsen, Southern California Edison, discussed enhanced
communication during emergencies and disasters; the
infrastructure replacement program; the summer energy supply;
and he reminded everyone that there are various stages in the
event of a power shortage, noting that more information is
available at sce.com.
Matthew Hetz, Culver City Symphony Orchestra, announced their
next concert on June 8 at Veterans Auditorium; discussed
musical genres, scales, and rhythms; and he thanked the City of
Culver City and Sony for their support of the concert.
Deborah Wallace thanked the City Council for their support of
the Homelessness Committee and all of their efforts.
Steven Rose, Culver City Chamber of Commerce, announced events
for Small Business month including a social media event on June |1010|
at Veterans Auditorium, with 1,000 meals purchased from local
small businesses to feed attendees; the Annual Business Expo at
Vets on June 26; and he thanked Todd Tipton for his support.
Todd Tipton, Economic Development Administrator, discussed
business outreach done by the City; East Washington and the
creation of a formal Arts District; businesses on Sepulveda;
improvements to the Sepulveda streetscape; and the City
Manager’s bi-weekly update.
Dr. Suzanne DeBenedittis asked for continued support of State
Assembly Member Holly Mitchell; she discussed the fracking
hearing last December; current work on the fracking moratorium
bill on the floor of the Assembly; and she thanked the City for
the June 6 meeting to update citizens on the upcoming oil field
ordinance.
Councilmember O’Leary reported that on May 13 the City had been
petitioned by Scouts for Equality to go along with a document
created in the City of West Hollywood; he indicated that he had
not been able to read the document; the City Council voted in May 28, 2013
5
favor of a letter that would encompass the brief comments made
by the speaker; he noted that when the letter was written and
sent to Councilmembers it contained language that caused him
concern; he asserted that any group defined by their sexual
activity did not belong near children; he related the Catholic
Church’s embrace of the gay and lesbian community; and he made a
formal complaint.
Mayor Cooper reported that the letter had been signed by the
Mayor only, and that he supported the involvement of good
people with the Scouts regardless of their sexual orientation
or identity.
o0o
Joint Consent Calendar
Item JC-1
(Out of Sequence)
JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY
AGENDA ITEM: Cash Disbursements
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CASH DISBURSEMENTS FOR MAY 4, 2013 – MAY 17, 2013.
o0o
Consent Calendar
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE
CONSENT CALENDAR ITEMS C-1 THROUGH C-4, C-7, AND C-8.
Item C-1
Meeting Minutes
THAT THE CITY COUNCIL APROVE MINUTES FOR THE REGULAR MEETINGS
OF APRIL 8, 2013 AND APRIL 22, 2013.
o0o
Item C-2
May 28, 2013
6
FOUR-FIFTHS VOTE REQUIREMENT – (1) Approval to Purchase and
Install Replacement Parts for the Emergency Notification System
and the Sewer Flow Monitoring System (ENS/SFMS); (2)
Approval of an Amendment to Utility Systems, Science and
Software Incorporated (US3)’s Existing Professional Services
Agreement; and (3) Approval of a Budget Amendment Related
Thereto
THAT THE CITY COUNCIL:
1. APPROVE THE PURCHASE OF PARTS AND SERVICES FOR THE ENS/SFMS,
FOR A NOT-TO-EXCEED AMOUNT OF $347,934;
2. APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES
AGREEMENT WITH UTILITY SYSTEMS, SCIENCE, AND SOFTWARE, INC.,
FOR A NOT-TO-EXCEED AMOUNT OF $120,296;
3. APPROVE A BUDGET AMENDMENT APPROPRIATING $468,230 FROM THE
SEWER ENTERPRISE FUND RESERVE TO SEWER OPERATING ACCOUNT;
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.
o0o
Item C-3
Adoption of a Resolution (1) Approving the Engineer’s Report,
(2) Declaring the Intention to Order the Levy of Annual
Assessments for Fiscal Year 2013/2014, and (3) Setting the
Date, Time, and Place for the Public Hearing to be Monday, June
24, 2013 at 7:00 P.M. in the City Council Chambers for the
Albright Avenue Street Lighting Assessment District
THAT THE CITY COUNCIL: ADOPT A RESOLUTION (1) APPROVING THE
ENGINEER’S REPORT, (2) DECLARING THE CITY COUNCIL’S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR THE ALBRIGHT AVENUE STREET
LIGHTING ASSESSMENT DISTRICT – FISCAL YEAR 2013/2014, AND (3)
SETTING THE TIME, DATE AND PLACE FOR A PUBLIC HEARING FOR JUNE
24, 2013, AT 7:00 P.M. IN THE MIKE BALKMAN COUNCIL CHAMBERS.
May 28, 2013
7
o0o
Item C-4
Adoption of a Resolution (1) Approving the Engineer’s Report,
(2) Declaring the Intention to Order the Levy of Annual
Assessments for Fiscal Year 2013/2014, and (3) Setting the
Date, Time, and Place for the Public Hearing to be Monday, June
24, 2013 at 7:00 P.M. in the City Council Chambers for the
Higuera Street Landscaping and Lighting Maintenance District
THAT THE CITY COUNCIL ADOPT A RESOLUTION (1) APPROVING THE ENGINEER’S
REPORT, (2) DECLARING THE CITY COUNCIL’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR THE HIGUERA STREET LIGHTING AND LANDSCAPE MAINTENANCE
DISTRICT - FISCAL YEAR 2013/2014, AND (3) SETTING THE TIME, DATE, AND
PLACE FOR A PUBLIC HEARING ON JUNE 24, 2013, AT 7:00 P.M. IN THE MIKE
BALKMAN COUNCIL CHAMBERS.
o0o
Item C-7
(Out of Sequence)
Adoption of a Resolution (1) Approving the Engineer’s Report,
(2) Declaring the City Council’s Intention to Order the Levy of
Annual Assessments for Fiscal Year 2013/2014, and (3) Setting
the Date, Time, and Place for a Public Hearing to be Monday,
June 24, 2013 at 7:00 P.M. in the Mike Balkman Council Chambers
for the West Washington Boulevard Benefit Assessment District
No. 1
THAT THE CITY COUNCIL: ADOPT A RESOLUTION (1) APPROVING THE
ENGINEER’S REPORT, (2) DECLARING THE CITY COUNCIL’S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR THE WEST WASHINGTON BOULEVARD
ASSESSMENT DISTRICT NO. 1, AND (3) SETTING THE TIME, DATE AND
PLACE FOR A PUBLIC HEARING ON JUNE 24, 2013 AT 7:00 P.M. IN THE
MIKE BALKMAN COUNCIL CHAMBERS.
o0o
Item C-8
Adoption of a Resolution (1) Approving the Engineer’s Report, May 28, 2013
8
(2) Declaring the City Council’s Intention to Order the Levy of
Annual Assessments for Fiscal Year 2013/2014, and (3) Setting
the Date, Time, and Place for the Public Hearing to be June 24,
2013 at 7:00 P.M. in the Mike Balkman Council Chambers for the
West Washington Boulevard Benefit Assessment District No. 2
THAT THE CITY COUNCIL: ADOPT A RESOLUTION (1) APPROVING THE
ENGINEER’S REPORT, (2) DECLARING THE CITY COUNCIL’S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR THE WEST WASHINGTON BOULEVARD
ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2013/2014, AND (3)
SETTING THE TIME, DATE AND PLACE FOR A PUBLIC HEARING ON JUNE
24, 2013 AT 7:00 P.M. IN THE MIKE BALKMAN COUNCIL CHAMBERS.
o0o
Item C-5
(Out of Sequence)
Adoption of a Resolution (1) Approving the Engineer’s Report,
(2) Declaring the Intention to Order the Levy of Annual
Assessments for Fiscal Year 2013/2014, and (3) Setting the
Date, Time, and Place for the Public Hearing to be Monday, June
24, 2013 at 7:00 P.M. in the City Council Chambers for the
Landscape Maintenance District Number 1
Mayor Cooper recused himself and exited Council Chambers. Vice
Mayor Sahli-Wells assumed the Chair.
MOVED BY COUNCILMEMBER WEISSMAN AND SECONDED BY COUNCILMEMBER
CLARKE THAT THE CITY COUNCIL: ADOPT A RESOLUTION (1) APPROVING
THE ENGINEER’S REPORT, (2) DECLARING THE CITY COUNCIL’S
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE DISTRICT NUMBER 1- FISCAL YEAR 2013/2014, AND (3)
SETTING THE TIME, DATE, AND PLACE FOR A PUBLIC HEARING FOR JUNE
24, 2013, AT 7:00 P.M. IN THE MIKE BALKMAN COUNCIL CHAMBERS.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: CLARKE, O’LEARY, SAHLI-WELLS, WEISSMAN
NOES: NONE
RECUSED: COOPER
Mayor Cooper returned to Council Chambers. Mayor Cooper
resumed the Chair.
May 28, 2013
9
o0o
Item C-6
Adoption of a Resolution Authorizing the Initiation of Impasse
Appeal Proceedings with the Los Angeles County Airport Land Use
Commission Relating to the City of Los Angeles’ and Los Angeles
World Airports’ Approval of the Los Angeles International
Airport Specific Plan Amendment Study Project and Certification
of the Related Final Environmental Impact Report
Councilmember Clarke recused himself and exited the dais.
MOVED BY VICE MAYOR SAHLI-WELLS AND SECONDED BY COUNCILMEMBER
WEISSMAN THAT THE CITY COUNCIL: ADOPT A RESOLUTION AUTHORIZING
THE INITIATION OF IMPASSE APPEAL PROCEEDINGS WITH ALUC RELATING
TO THE CITY OF LA’S AND LAWA’S APPROVAL OF THE SPAS PROJECT AND
CERTIFICATION OF THE RELATED FEIR. THE MOTION CARRIED BY THE
FOLLOWING VOTE:
AYES: COOPER, O’LEARY, SAHLI-WELLS, WEISSMAN
NOES: NONE
RECUSED: CLARKE
Councilmember Clarke returned to Council Chambers.
o0o
Item C-9
(Out of Sequence)
Adoption of an Ordinance Adding a New Chapter 11.16, Plastic
Carryout Bag Regulations, to the Culver City Municipal Code
Martin Cole, Assistant City Manager/City Clerk, read into the
record clarifying language added to section 11.16.020b regarding
the per bag fee.
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: ADOPT
AN ORDINANCE ADDING A NEW CHAPTER 11.16, PLASTIC CARRYOUT BAG
REGULATIONS, TO THE CULVER CITY MUNICIPAL CODE WITH AMENDED
LANGUAGE IN SECTION 11.16.020b.
o0o May 28, 2013
10
Receipt of Correspondence
Martin Cole, Assistant City Manager/City Clerk, received
clarification from the Mayor that correspondence had been
unanimously received and filed.
o0o
Order of the Agenda
No changes were made.
o0o
Action Items
Item A-1
(1) Introduction of an Ordinance Amending Chapter 9.08, Streets
and Sidewalks, and Chapter 9.10, Parks, Public Buildings, and
Property, of the Culver City Municipal Code, by Repealing and
Replacing Section 9.08.005, Amending Section 9.08.010, Adding a
New Subchapter 9.08.200 et seq., and Repealing and Reserving
Sections 9.10.025 Through 9.10.040, Relating to Parkway Planting
Standards and Tree Removal Regulations; and (2) Adoption of a
Resolution Establishing Residential Parkway Standards
Helen Kerstein, Management Analyst, provided a summary of the
material of record.
Discussion ensued between Councilmembers and staff regarding
whether the ordinance could be split to have one ordinance
dealing with tree removal standards and a second ordinance
dealing with parkway plantings; public input received on the
item; scheduling; splitting the vote; and procedures for moving
forward.
Mayor Cooper invited public participation.
The following members of the audience addressed the City
Council:
Carlene Brown, Transition Culver City, expressed support for
drought resistant plantings; appreciation to the City for the
proposed changes; she discussed the value of benches in public
spaces; promoting place making and community building; fruit May 28, 2013
11
trees in public places; and she cited a TED Talk from February
2013 in Long Beach.
Linda Messner discussed issues created by ficus trees; the
parkway issue; the Higuera Street assessment; affects of the
roots on plumbing; and consideration of the tree and parkway
issues together.
Stephen Murray supported the efforts to clarify and improve tree
removal and he suggested including nuisance costs, medical
costs, and future costs that may arise as a result of the trees;
he discussed residential parkway standards and non-compliant
parkways; he asked that the public hearing be extended regarding
the parkway issue; suggested that the Planning Commission might
hear the issue; discussed public notification; expressed concern
about proposed parkway regulations; discussed parking; and he
asked that the public have time to review the standards.
Ginny Blades, Transition Culver City, expressed support for
splitting up the issues; helping the community to be more
resilient; suggested putting residential parkway strips to good
use; discussed public input; brain power; policies of other
cities; creating an ordinance that addresses the needs of the
environment, budget, populace and the aesthetic; she suggested
that the ad hoc committee format could be helpful; she expressed
appreciation to staff for their hard work; discussed the lists
of plants with pictures; the invasive list; preexisting and non-
compliant parkways; and penalties.
Michelle Weiner, Transition Culver City, distributed copies of
her presentation to Councilmembers; discussed public space;
sustainability as a community; creating a place making parkway;
creative change making; the prohibition of vegetables on the
parkway; and height issues.
Rich Waters discussed his 20 years experience with Tree People;
CO2 counts; global warming; mitigating effects; the importance
of planting trees; palm trees; he noted that disease spreading
to other areas was not listed; he discussed what trees give back
to the environment; wording used that could influence; and he
requested a public hearing.
Rick Tuttle expressed support for splitting the item and
allowing for public input.
Rebecca Rona Tuttle was pleased that the City had taken an
interest in drought tolerant plants; she discussed the May 28, 2013
12
uniformity of housing in Irvine; rules and regulations; freedom
of expression through aesthetics; permitting fees; she
questioned the greater goal: raising revenue vs. water
conservation; she expressed concern with creating a
disincentive; she discussed native plants; opportunities to
express opinions; creating an incentive; she asked that the City
be opened minded; and she agreed with the need to build
community.
Mara Bushansky discussed her efforts at xeriscaping in her
parkway; expressed concern with only being able to choose plants
that conform to City standards; concern with the rush to pass
the item; and she noted the importance of input from residents.
Suzanne DeBennedittis commended staff for the intention of the
ordinance; discussed Los Angeles County efforts to tax for storm
water run off; parkway rain gardens; the importance of public
input; workshops for best practices regarding sustainable
parkways; whether state bond money could sponsor the workshops;
sustainable parkways; reducing vandalism and crime; and she
asked that the City have workshops involving citizens and
experts with sufficient notice to welcome community input.
Eleanor Osgood expressed support for comments of previous
speakers; she wanted to see stronger respect placed into the
code about trees with builders working their designs around
trees rather than just taking them out; she expressed concern
with losing trees in the neighborhood; and she discussed
regulations for tree removal on private property.
Kathryn Giordani discussed Chinese Elms; a tree across the
street from her house; and public notification for tree removal.
Jeff Lince discussed the ficus tree in his front yard; root
issues; other choices besides keeping or getting rid of the
tree; and installing root barriers.
William Yates discussed freedom of speech through park strips;
expressed concern with highly regulating the parkways and permit
fees; and he expressed support for sustainability and for
freedom of expression.
Jeremy Green, Management Analyst, read written comments
submitted by:
Jennifer Huang
May 28, 2013
13
Discussion ensued between Councilmembers regarding appreciation
for the work of the Mayor and staff on the issue; due diligence;
legal ramifications of what is done in the parkways; providing a
fair representation of committee meetings; appreciation to the
community for coming out to express themselves; splitting the
item; parkway standards; the tree master plan; the goal of
maintaining tree lined streets in the City; disease in ficus
trees; tree removal; criteria; allaying concerns regarding tree
removal; the previous City Council practice of public workshops
on the fifth Monday of the month; involving Ed Little in the
process; the goal of water conservation; replacing trees two for
one in the parkway; determinations by the Public Works Director;
addressing sustainability, accessibility and health; City
obligations to the entire community; and liability issues.
Councilmember Clarke moved to divide the tree removal ordinance
from the parkway standards ordinance and table further
discussion of the tree removal ordinance to the June 10
meeting,
and the parkway standards ordinance until such time as a public
workshop can be held. Vice Chair Sahli-Wells seconded the
motion.
Additional discussion ensued between Councilmembers and staff
regarding meandering sidewalks and efforts of staff to bring the
item back as soon as possible.
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: DIVIDE THE
TREE REMOVAL ORDINANCE FROM THE PARKWAY STANDARDS ORDINANCE WITH
FURTHER DISCUSSION OF THE TREE REMOVAL ORDINANCE TABLED TO THE
JUNE 10 MEETING OR AS SOON AS THE ITEM CAN BE BROUGHT BACK FOR
CONSIDERATION, AND THE PARKWAY STANDARDS ORDINANCE TABLED UNTIL
SUCH TIME AS A PUBLIC WORKSHOP CAN BE HELD.
Charles Herberston, Public Works Director/City Engineer,
discussed the aim of preserving urban forests; Chinese Elms;
trees that occasionally present serious problems; allowing those
the most affected by the tree the greatest say over what is to
be done; the ability to appeal; adjacent residents; and public
safety.
Vice Mayor Sahli-Wells reported that the Sustainability
Subcommittee is now a Standing Subcommittee and meetings of the
Subcommittee are open to the public.
o0o
May 28, 2013
14
Item A-2
Appointments and/or Reappointments to the Planning Commission,
Parks, Recreation and Community Services Commission, Civil
Service Commission, Cultural Affairs Commission, Landlord-Tenant
Mediation Board and the West LA Vector Control Board
A discussion ensued between Councilmembers regarding the process
to fill full-term seats vs. partial term seats; and an
announcement that Mr. Moser had withdrawn his application.
Mayor Cooper invited public input.
The following members of the audience addressed the City Council
with regard to appointment to the Planning Commission:
Peter Capone-Newton
Grady Lee
Dana Sayles
David Steinitz
Dane Twichell
David VonCannon
Scott Wyant
After discussion, the City Council tentatively: reappointed
Scott Wyant, appointed David VonCannon to a full term position
and appointed Dana Sayles for a one-year term of the Planning
Commission.
The following members of the audience addressed the City Council
regarding appointments to the Parks, Recreation and Community
Services Commission:
Laura Stuart
Scott Shipley
Scott Zeidman
After discussion, the City Council tentatively: reappointed
Laura Stuart and Marianne Greene to the Parks, Recreation and
Community Services Commission.
The following members of the audience addressed the City Council
regarding appointments to the Civil Service Commission:
Daryl Cherness
After discussion, the City Council tentatively: appointed Daryl May 28, 2013
15
Cherness to the Civil Service Commission.
The following members of the audience addressed the City Council
regarding appointments to the Cultural Affairs Commission:
John B. Williams
Susan D. Anderson
Elena Sweda Neff
After discussion, the City Council tentatively: reappointed John
B. Williams and appointed Susan D. Anderson to the Cultural
Affairs Commission.
The following members of the audience addressed the City Council
regarding Tenant Representative and Tenant Alternate
appointments to the Landlord Tenant Mediation Board:
Shireen Daytona
Taria Lewis
After discussion, the City Council tentatively: appointed Taria
Lewis as Tenant Representative to the Landlord Tenant Mediation
Board and Shireen Daytona as Tenant Alternate.
The following members of the audience addressed the City Council
regarding Landlord Representative appointments to the Landlord
Tenant Mediation Board:
Linda Shahinian
Justin LesCouie
After discussion, the City Council tentatively: appointed Linda
Shahinian and Justin LesCouie as Landlord Representatives on the
Landlord Tenant Mediation Board.
After discussion, The City Council tentatively: appointed Olga
Vaysberg to serve as Landlord Alternate on the Landlord Tenant
Mediation Board and Michael Berlin to serve as Member at Large.
After discussion, the City Council tentatively: appointed Elena
Sweda Neff to the LA County West Vector Control Board.
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY VICE MAYOR SAHLI-
WELLS AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. APPOINT/REAPPOINT SCOTT WYANT TO FILL OFFICE NO. 3 AND DAVID
VONCANNON TO FILL OFFICE NO. 2 OF THE PLANNING COMMISSION FOR A May 28, 2013
16
FOUR YEAR TERM EXPIRING JUNE 30, 2017; AND
2. APPOINT DANA SAYLES TO FILL OFFICE NO. 5 OF THE PLANNING
COMMISSION FOR A PARTIAL TERM OF ONE YEAR, EXPIRING ON JUNE 30,
2014; AND
3. REAPPOINT LAURA STUART TO FILL OFFICE NO. 4 AND MARIANNE
GREENE TO FILL OFFICE NO. 5 OF THE PARKS, RECREATION, AND
COMMUNITY SERVICES COMMISSION FOR FOUR YEAR TERMS EXPIRING JUNE
30, 2017; AND
4. APPOINT DARYL CHERNESS TO FILL OFFICE NO. 2 OF THE CIVIL
SERVICE COMMISSION FOR A FOUR YEAR TERM EXPIRING JUNE 30, 2017;
AND
5. REAPPOINT JOHN B. WILLIAMS TO FILL OFFICE NO. 2 AND APPOINT
SUSAN D. ANDERSON TO FILL OFFICE NO. 1 OF THE CULTURAL AFFAIRS
COMMISSION FOR FOUR YEAR TERMS EXPIRING JUNE 30, 2017; AND
6. APPOINT TARIA LEWIS TO FILL THE TENANT REPRESENTATIVE AND
SHIREEN DAYTONA TO FILL THE TENANT ALTERNATIVE OFFICES, EACH TO
SERVE A TERM OF THREE YEARS EXPIRING JUNE 30, 2016; AND
7. APPOINT LINDA SHAHINIAN AND JUSTIN LESCOULIE TO FILL THE TWO
LANDLORD REPRESENTATIVE OFFICES AND OLGA VAYSBERG TO FILL THE
LANDLORD ALTERNATE OFFICE, ALL TO SERVE A TERM OF THREE YEARS,
EXPIRING JUNE 30, 2016; AND
8. APPOINT MICHAEL BERLIN TO FILL THE MEMBER-AT-LARGE
REPRESENTATIVE OFFICE ON THE LANDLORD-TENANT MEDIATION BOARD TO
SERVE A TERM OF THREE YEARS, EXPIRING JUNE 30, 2016; AND
9. APPOINT ELENA SWEDA NEFF TO FILL THE LA COUNTY WEST VECTOR
CONTROL DISTRICT BOARD OFFICE.
Martin Cole, Assistant City Manager/City Clerk, indicated that
staff kept all applications and would notify any applicants who
were not appointed if a vacancy arose.
o0o
Item A-3
Approval of a New 5-Year Memorandum of Understanding with the
Culver City Sister City Committee, Inc. to Perform CCSCC
Services, Consistent with the Goals of the City
May 28, 2013
17
Shelley Wolfberg, City Manager’s Office, provided a summary of
the material of record.
Mayor Cooper invited public input.
The following members of the audience addressed the City
Council:
Barbara Honig, Culver City Sister City Committee, thanked the
City for their support; reported that the organization is all
volunteer; discussed work to promote Culver City; developing
relationships with the four sister cities; and expanding the
student the exchange program.
Alan Schreibman, Treasurer Culver City Sister City Committee,
discussed the cost of living adjustment; the budget process;
mid-year budget adjustments; coming in under-budget; the timing
of payments; estimating expenses; expanding and strengthening
Sister City relationships; adding an automatic COLA adjustment
to the MOU; and unanticipated expenses.
Discussion ensued between staff and Councilmembers regarding
City Council support for Sister Cities; concern with the request
for the COLA adjustment; the annual allocation; clarification
that the line item for Sister City is contained in the annual
budget; the involvement of the City with Sister City; community
involvement; weaning off of the City contribution; fundraising;
involving the School District; engaging the community; placing a
dollar value on goodwill; cooperation between the cities; and
providing a significant international marketing tool.
MOVED BY COUNCILMEMBER CLARKE, SECONDED BY COUNCILMEMBER O’LEARY
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: ADOPT
RECOMMENDATIONS 2 THROUGH 5 IN THE STAFF REPORT AND:
1. APPROVE A NEW 5-YEAR MOU BETWEEN THE CCSCC, INC. AND THE CITY
OF CULVER CITY; 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
May 28, 2013
18
Item A-4
Consideration of Providing Additional Financial Assistance
Related to Valet Parking Permit Fees for Taste of the Nation
2013
Jeremy Greene, Management Analyst, provided a summary of the
material of record.
Mayor Cooper invited public input.
There was no response.
Discussion ensued between Councilmembers regarding concern with
the piecemeal way things come before the City Council for
sponsorships, and encouragement to staff to create a way to deal
with all sponsorships as one item and not continue to take time
at each meeting to consider additional or different fee
requests.
MOVED BY COUNCILMEMBER CLARKE AND SECONDED BY VICE MAYOR SAHLI-
WELLS THAT THE CITY COUNCIL: APPROVE THE WAIVER OF $318.24 FOR
VALET PARKING. THE MOTION FAILED BY THE FOLLOWING VOTE.
AYES: CLARKE, SAHLI-WELLS
NOES: COOPER, O’LEARY, WEISSMAN
o0o
Item A-5
Adoption of the Resolution (1) Approving the Engineer’s Report
that Includes Proposed Rates for Approval by the District
Members for Fiscal Year 2013/2014; 2014/2015; and 2015/2016; (2)
Declaring the Intention to Order the Sewer User’s Service Charge
for Fiscal Year 2013/2014; and (3) Setting the Date, Time, and
Place for the Public Hearing to be Monday, July 22, 2013 at 7:00
P.M. in the City Council Chambers
Discussion ensued between staff and Councilmembers regarding the
base charge and the commodity rate; the difference between what
single family and multi-family pays; public notice; sample
comparisons; average charges vs. proposed charges; a staff
proposed change to the resolution in Part 4 to direct the
property owner to see the exact formula proposed for 2013-2014; May 28, 2013
19
clarification regarding tables in the Engineer’s Report; the
comparison of the base charge change; differences in rate
calculation; making the table more clear for public
notification; the sample public notification; adding a
description of the base and commodity charges to the notes; and
making it more easily understandable for the public.
MOVED BY COUNCILMEMBER O’LEARY, SECONDED BY COUNCILMEMBER
WEISSMAN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: ADOPT A
RESOLUTION (1) APPROVING THE ENGINEER’S REPORT, (2) DECLARING THE
CITY COUNCIL’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE
SEWER USER’S SERVICE CHARGE - FISCAL YEAR 2013/2014, AND (3)
SETTING THE TIME, DATE, AND PLACE FOR A PUBLIC HEARING FOR JULY
22, 2013, AT 7:00 P.M. IN THE MIKE BALKMAN COUNCIL CHAMBERS.
o0o
Item A-6
Discussion Regarding Potential Deobligation of Metro Funds for
the Downtown Real Time Motorist Information System Project and
Direction to the City Manager Related Thereto
Mate Gaspar, Engineering Services Manager, provided a brief
presentation on the item.
Discussion ensued between staff and Councilmembers regarding the
use of Measure R funds; impacts of not having funds available;
maintenance of the signs; if the parking structures are seized
by the state; the ability to deobligate; the extension;
committing to another source of funds other than the RDA funds
as matching funds; parking funds; the General Fund; the Parking
Authority; and parking meter revenue.
Mayor Cooper invited public input.
The following member of the audience addressed the City Council:
Cary Anderson discussed losses due to not extending parking
meter hours; expiration of the hold on extending parking hours;
signage repair; the Ince Parking structure; he distributed
pictures from 2013 Car Show showing that the Ince parking
structure was not full; discussed a study showing that the Ince
parking structure is never more than 43% full; the parking May 28, 2013
20
imbalance in Culver City; the fourth level of the parking
structure; and he reported directing people to the Ince parking
structure during the Car Show.
Discussion ensued between staff and Councilmembers regarding the
long-range plan; getting onto the ROPS; private funding;
committing to another source of funding to get the extension;
having a backup source of funding; concern with committing
Measure R funds to the project since they are for transit;
concern with the uncertain future of the parking structures;
ongoing financial obligations to maintain the structures; the
likelihood of MTA continuing the project without a defined
source for the local match; the Technical Advisory Committee;
the determination by the DOF as to whether it is an approved
ROPS obligation; clarification that they are not committed if
the parking structures are taken back by the state; the Metro
Call to Projects list; CMAC funds; the time limit on the funds;
readiness to begin obligating the funding on the project; if it
becomes an enforceable obligation; Successor Agency tax
increment; timing of the issue; the Long Range Property
Management Plan; the process; the ability to approve the project
in the future; keeping as many options available as possible;
whether the gas tax would be eligible; clarification that when
construction moves forward with the Transit Oriented development
the Ince parking structure will be a key component of parking
for the train; City Council indication of willingness to back up
the funds; clarification that work would not begin until the
local match was located; staff recommendation not to go forward
with bidding until the parking structures have been confirmed to
be City property; RDA or Measure R funds for construction;
concern with endangering future grants; initial support for the
project; the signage on Jackson and Culver; the signage in front
of the parking lots; guiding cars to the lots during the Car
Show; aesthetics of the City; use of sensors; calculating the
Expo lot; clarification that once the construction money has
been obligated the extension will be allowed;
Washington/National; money committed for signs; and a potential
reduction in the grant if there is a reduction in the scope.
MOVED BY COUNCILMEMBER WEISSMAN, SECONDED BY COUNCILMEMBER
O’LEARY AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DIRECT
STAFF TO APPEAL THE DEOBLIGATION OF PROJECT GRANT FUNDS (IF
NECESSARY), REQUEST A TWO YEAR EXTENSION FOR COMPLETION OF THE
PROJECT TO JUNE 30, 2015, AND COMMIT MEASURE R FUNDS TO THE
PROJECT.
o0o May 28, 2013
21
Item A-7
Discussion of Review of and Potential Amendments to the City
Charter, the Process for Initiating Charter Review/Amendments,
and (If Desired) Related Direction to the City Manager
Mayor Cooper invited public participation.
There were no speakers or cards.
Discussion ensued between staff and Councilmembers regarding
City Council elections, terms and the jurisdiction of the City
Manager with regard to the Police Chief, Fire Chief and City
Attorney; the required Charter Amendment Review; Article 10; the
School Board; jurisdiction; City Council ability to hire and
fire; City Manager control and influence over a department; the
previous charter review; oversight and supervisorial
responsibilities for all departments; the candidate pool; civil
service protection; timing of the action; giving staff an idea
of the issues the City Council wants to examine in January;
potential candidates; term limits; and combining elections.
o0o
Public Comment – Items Not on the Agenda
Mayor Cooper invited public comment.
There was no response.
o0o
Items from the City Council
None.
Martin Cole, Assistant City Manager/City Clerk, indicated that
the next City Council meeting would be a Special Meeting on
Monday, June 3 at 5:00 p.m. to begin consideration of the budget
with an Adjourned Special meeting to follow on June 4 at 5:00
p.m. to continue budget discussions.
o0o
Adjournment
May 28, 2013
22
There being no further business, at 11:26 p.m., the City Council
adjourned its meeting in memory of those Culver City residents
who gave their lives in service to our country in the armed
forces, to a Special Meeting on Monday, June 3, 2013 at 5:00
p.m.
o0o
_____________________________________________________________
Martin R. Cole
CITY CLERK of the City of Culver City, California
EX-OFFICIO CLERK of the City Council, City of Culver City,
California
_____________________________________________________________
JEFFREY COOPER
MAYOR of the City of Culver City, California