1 THESE MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE CITY COUNCIL,
CULVER CITY HOUSING AUTHORITY BOARD,
CULVER CITY PARKING AUTHORITY,
REDEVELOPMENT FINANCING AUTHORITY,
AND SUCCESSOR AGENCY TO THE CULVER CITY
REDEVELOPMENT AGENCY BOARD
REGULAR MEETING OF THE September 11, 2023
CITY COUNCIL, CULVER CITY 7:00 p.m.
HOUSING AUTHORITY BOARD,
CULVER CITY PARKING AUTHORITY,
REDEVELOPMENT FINANCING AUTHORITY, AND
SUCCESSOR AGENCY TO THE CULVER CITY
REDEVELOPMENT AGENCY BOARD
CULVER CITY, CALIFORNIA
Call to Order & Roll Call
Mayor Vera called the regular meeting of the City Council, Culver City Housing Authority Board, Culver City Parking Authority, Redevelopment Financing Authority, and Successor Agency to the Culver City Redevelopment Agency Board to order at 5:34 p.m. in the Mike Balkman Chambers at City Hall and via Webex.
Present: Albert Vera, Mayor
Yasmine-Imani McMorrin, Vice Mayor
Göran Eriksson, Council Member
Freddy Puza, Council Member
Dan O’Brien, Council Member
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Closed Session
Mayor Vera invited public comment.
August Miller was called to speak on Closed Session Item 1 but did not respond.
The following members of the public addressed the City Council on Closed Session Item 3:
September 11, 2023
2 Osa Griffin expressed concern with disadvantages for Meadows residents; discussed accurate numbers for displaced residents for renovations; cost effectiveness of doing work by sections rather than building by building; lack of a Q&A with owners for Meadows North residents; the renter’s ordinance that helps protect stability for children; renters’ vested rights; and entering into negotiations with threats and aggression.
Robert Perkins, Meadows Renters Action Group, echoed comments from the previous speaker; discussed the letter and the way the owners approached the City and tenants; litigation with vested interests; threats; respect for vested interests of tenants; respect for the City; the plan that has not b een well-thought out; number of people displaced; harassment of retirees and single moms with children; and he asserted that the Meadows was a big bully that did not think things out and should be held accountable.
MOVED BY COUNCIL MEMBER O’BRIEN, SECONDED BY VICE MAYOR MCMORRIN
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL, CULVER CITY
HOUSING AUTHORITY BOARD, CULVER CITY PARKING AUTHORITY,
REDEVELOPMENT FINANCING AUTHORITY, AND SUCCESSOR AGENCY TO THE
CULVER CITY REDEVELOPMENT AGENCY BOARD ADJOURN TO CLOSED SESSION.
At 5:41 p.m. the City Council, Culver City Housing Authority Board, Culver City Parking Authority , Redevelopment Financing Authority, and Successor Agency to the Culver City Redevelopment Agency Board adjourned to Closed Session to consider the following Closed Session Items:
CS-1 CC - Conference with Legal Counsel – Existing Litigation Re: Hillcrest Country Club v. County of Los Angeles, et. al.
Case No. 23STCV03479
Pursuant to Government Code Section 54956.9(d)(1)
CS-2 CC - Conference with Real Property Negotiators
Re: 9240 Culver Boulevard
City Negotiators: John Nachbar, City Manager; Jesse Mays, Assistant City Manager; Elaine Warner, Acting Economic
Development Manager
Other Properties Negotiators: K-Zo Restaurant
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
September 11, 2023
3 CS-3 CC - Conference with Legal Counsel – Anticipated Litigation Re: Significant Exposure to Litigation (1 Item)
Pursuant to Government Code Section 54956.9(d)(2)
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Recognition Presentations
Mayor Vera reconvened the regular meeting of the City Council at 6:57 p.m. with five Council Members present for recognition presentations.
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Recognition Presentations
Item R-1
Presentation of Proclamation In Recognition of National Suicide Prevention Awareness Month
Vice Mayor McMorrin presented the Proclamation in recognition of National Suicide Prevention Awareness Month.
Bridget McCarthy, American Foundation of Suicide Prevention, expressed appreciation to the City and all those who support suicide awareness in the community; provided background on herself; invited everyone to participate in the Out of the Darkness Walk on October 21; and she indicated that more information was available at afsp.org/lawalk.
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Item R-2
Presentation of Proclamation In Recognition of Patriot Day and National Day of Service and Remembrance
Mayor Vera presented the Proclamation in recognition of Patriot Day and National Day of Service and Remembrance.
Ken Powell, Fire Chief, expressed appreciation for the recognition noting the importance of never forgetting what happened on September 11, 2001.
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September 11, 2023
4 Regular Session
Mayor Vera reconvened the regular meeting of the City Council, Successor Agency to the Culver City Redevelopment Agency Board, Redevelopment Financing Authority, Culver City Housing
Authority Board, and Culver City Parking Authority at 7:04 p.m. with five Council Members present.
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Pledge of Allegiance
Dr. Ira Diamond led the Pledge of Allegiance.
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Report on Action Taken in Closed Session
Mayor Vera indicated nothing to report out of Closed Session.
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Community Announcements by Members/ Updates from Commission, Boards and/or Committees/Information Items from Staff
Council Member O’Brien reported attending the ceremony of remembrance for 9/11; discussed the way the nation came together in 2001; current divisiveness in the country; National Suicide Prevention Awareness Month ; survivor guilt; and he expressed support for Dr. Ira Diamond and Shoes for the Homeless.
Council Member Puza discussed opportunities to participate in the Artist Laurate Community Art project with Katy Krantz at Syd Kronenthal Park; noted that information was available from the West Basin Water Municipal Distri ct on the Rain Barrel program at westbasin.org/rainbarrels or (310) 371-4633; and he announced the Culver City Walk and Roll Festival on September 24 with information available on the website.
Council Member Eriksson discussed the different perspective on Culver City sidewalks that he has gained after having to use a cane; the deficiency in sidewalk spending; and he noted the need to increase maintenance and repair when examining the budget.
Vice Mayor McMorrin expressed gratitude at being able to bring attention to suicide awareness; noted rising rates of suicide; September 11, 2023
5 discussed collaboration with organizations to find ways to provide support; National Hispanic Heritage Month from September 15 – October 15; the Historical Context Study; the importance of knowledge of past discrimination and lived experience; and she encouraged people to share their experiences.
Mayor Vera received unanimous City Council consensus that when the meeting concluded, that it be adjourned in memory of retired Fire Captain Jim Gilbert.
Jesse Mays, Assistant City Manager, on behalf of the Finance Advisory Committee (FAC) , invited everyone to the first in a series of speakers on affordable housing in Council Chambers on September 14 with Dr. Stuart Gabriel in conversation with FA C Chair Andrew Lachman , noting that additional information was available on the City website.
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Information Items
Item I-1
CC – Update on Homelessness Emergency Including Project Homekey, Safe Camping, and Other Housing Programs (This update is made pursuant to the requirements of Government Code Section 8630(c) requiring a periodic review of the local emergency)
Tevis Barnes, Housing and Human Services Director, provided an update on City efforts to address homelessness; reported that the Safe Sleep program should be fully occupied by the end of the week; indicated that one tent would be kept available for anyone found within off hours; thanked Dr. Diamond for donations of shoes; announced the upcoming Shoe Day put on by Shoes for the Homeless; and she provided an update on Project Homekey and the Mobile Crisis Team.
Discussion ensued between staff and Council Members regarding the number of people currently being served by the Safe Sleep program; pets on site; waitlist numbers; people who indicated not being interested in the program; people who have gone missing; and providing options for Safe Sleep or motel vouchers for those in urgent need.
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September 11, 2023
6 Presentations
Item P-1
CC – Announcement of the Fifth Year Recipients of the
Sustainable Business Certification Program
Shae Cunningham, Balanced Approach , indicated working with Sustainable Works to run the Sustainable Business Certification Program; expressed appreciation for City support; announced an awards event on September 12 at the Hilton for the fifth year of the program; she provided a n overview of the first five years; discussed process; focus; participants; and key benefits.
Discussion ensued between staff and Council Members regarding compliance tracking; providing recognition for those who participate over multiple years; the three year certification cycle; and reaching out to businesses for re-certification.
Jeremy Bocchino, City Clerk, reported issues with the video feed on Webex and she requested a short recess to allow the issue to be resolved.
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Recess/Reconvene
Mayor Vera called a brief recess to address technical issues from 7:35 p.m. to 7:52 p.m.
Jeremy Bocchino, City Clerk, reported an issue with the camera in Council Chambers noting that speakers would be heard, but in order to watch the meeting, if unable to attend in person, access would be through culvercity.org/agendas, on youtube, or on various channels through cable television.
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Joint Public Comment – Items NOT on the Agenda
Mayor Vera invited public comment.
The following members of the public addressed the City Council:
David Coles discussed the 2017 City ordinance prohibiting certain leaf blowers ; the five year grace period; lack of compliance or enforcement; and he requested that the City September 11, 2023
7 Council agendize a discussion on the issue with input from the City Council, staff, and the community.
Discussion ensued between staff and Council Members regarding the need for internal discussion before moving forward with an item.
Osa Griffin was called to speak but did not respond.
Till Stegers was called to speak but did not respond.
Melissa Sanders invited those with children in Culver City Unified School District (CCUSD) to attend School Board meetings; discussed controversial issues coming forward; outside vendors; and the importance of ensuring t hat children are getting the best education possible.
Jeremy Bocchino, City Clerk, indicated that those wishing to address the City Council should ensure that any other device they are watching the meeting on is muted before attempting to speak.
Janet Baker was called to speak but did not respond.
Carolyn Libuser was called to speak but did not respond.
Marci Baun encouraged everyone to get involved in the schools; expressed disappointment in the way The Plunge is being run; and she reported that she was told that The Plunge would never go back to the way it was before the pandemic as the facility needs to make money.
Ron Bassilian was called to speak but did not respond.
Jim Shanman, Safe Routes to School, encouraged everyone to visit ccwalkandroll.com; discussed a parent survey about modes of travel to school a nd how to improve the program; reported on upcoming events; and he invited everyone to attend the 11 th Annual Culver City Walk and Roll Festival on September 24, 2023.
Stephanie Gilgar discussed impacts of The Paradise Inn on her block; number and frequency of police calls in the area; she requested accountability and a 90% reduction in calls; asked that the hotel program be discontinued; felt it unfair for their neighborhood to take on the burden of the programs; asked for compassion for regular people; and, responding to inquiry, she reported meeting with CCPD (Culver City Police Department) and September 11, 2023
8 Tevis Barnes, and she agreed to reach out to Mayor Vera.
Discussion ensued between staff and Council Members regarding the long term motel contracts; appreciation to Ms. Gilgar for her presentation at the meeting with staff; concerns
highlighted; disproportionate impacts to the neighborhood; the motel master leasing program; accountability requested by the neighborhood; communication with the neighbors regarding addressing concerns; City control of the Rodeway and Paradise motels; the Culver City Outreach Team; the current situation where space is shared with other parts of Los Angeles; the intent to embed security; onsite presence of the Culver City St. Joseph Team; activation of the Mobile Crisis T eam; making other service providers available; and accountability from the Housing Department.
Dr. Ira Diamond , Shoes for the Homeless, discussed their mission; invited everyone to attend the 5K Run Walk to End Shoelessness on October 14 at 8:00 a.m. co-hosted with West Los Angeles College; and he indicated that additional information was available at the back of Council Chambers with boxes to accept shoe donations at the event or at other locations throughout Culver City and Los Angeles.
Kim Brewer , West field Culver City, discussed on -premise advertising; the shared revenue agreement for exterior large - format advertising signs; true cost benefit to the City; she asked that the revenue agreement be revisited to include off - premise advertising noting that they were seeking expansion of the amount of uses permitted to be shown, not additional signs; she indicated that Westfield would fund the cost for the feasibility study and work with staff to offer recommendations for Council support; she reported that they would like to seek approval from Caltrans and the state legislature; and she asked that staff be directed to work with Westfield to explore the content definition of offsite advertising.
Discussion ensued between staff and Council Members regardi ng the complex issue; the need for legal analysis; sign code amendments; consensus required to direct staff to expend resources; similarities with current work done on the IKE kiosks that require changes to the ordinance; and City Council consensus was ach ieved to send the matter to the Economic Development Subcommittee for a recommendation back to the City Council.
September 11, 2023
9 Jeremy Bocchino, City Clerk, discussed issues with feedback; indicated that they would not be able to continue with Webex as people are not a ble to hear their names being called; she announced that anyone on Webex who wanted to speak, should send a chat to Deputy City Clerk T’Ana Allen, or to come down to speak in person, and she indicated that Ron Ostrin was en route to speak.
Discussion ensued between staff and Council Members regarding the RFP (Request for Proposals) to upgrade the system; apologies for the technical issues being experienced; incompatible systems; money issued in the budget last year; concern with equity issues for people who are unable to attend in person; whether comments could be submitted and read into the record by the Clerk for people who had already signed up; and potential solutions for those who cannot attend in person.
Janet Baker expressed regret for peo ple who have experienced suicide; reported that CCUSD had commandeered 28 parking spots on the west side of Van Buren for their use in May 2023; discussed communication with Gabe Garcia; the moratorium on ticketing during the summer to make accommodations; the inability for residents to park by their homes during the day; she questioned where they were supposed to move their cars; she felt the City had trampled on their quality of life and the situation was unsafe; she indicated speaking on behalf of others; noted that she and her neighbors rely on street parking as there is no parking in her building; and she asked that the City give back spaces to District 4 parking.
Mayor Vera received clarification that staff would contact Ms.
Baker regarding her concerns.
Ron Ostrin provided background on himself; discussed principles of good government; participation; commitment of resources; buy- in from con stituents; time management; keeping the focus on issues important to the community; making progress on
homelessness after years of inaction; the need to build on progress made; the timeframe for public notification regarding money being discussed; concern with creating a false emergency that rushes items through; the need for transparency; he questioned who was pu tting proposals forward and what their connection was with the community; and he did not want
progressive actions that lead to regressive non -environmental progress in the City.
Council Member Eriksson exited the dais.
September 11, 2023
10 Cody Woods echoed comments made by Janet Baker regarding parking issues on Van Buren Street; discussed nightlife that takes a lot of the parking spots; safety concerns with people who have to park far from their homes; crime statistics; Asian hate crime; those returning from work who have to park far away and walk to their homes late at night; he felt it was much less dangerous for a teacher to walk in the daytime from their parking spot; and he emphasized the urgency of the matter.
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Receipt and Filing of Correspondence
Jeremy Bocchino, City Clerk, indicated that correspondence received before 3:00 p.m. had been included.
MOVED BY COUNCIL MEMBER O’BRIEN AND SECONDED BY VICE MAYOR MCMORRIN THAT THE CITY COUNCIL RECEIVE AND FILE CORRESPONDENCE.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: MCMORRIN, O’BRIEN, PUZA, VERA
NOES: NONE
ABSENT: ERIKSSON
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Order of the Agenda
A brief recess was taken before Public Comment – Items NOT on the Agenda to address technical issues, and Items C-3, C-4, C- 5, were considered separately.
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Consent Calendar
Item C-1
CC:HA:SA - Approval of Cash Disbursements for August 19, 2023 to September 1, 2023
THAT THE CITY COUNCIL , HOUSING AUTHORITY BOARD, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD: APPROVE CASH
DISBURSEMENTS FOR AUGUST 19, 2023 TO SEPTEMBER 1, 2023.
September 11, 2023
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Item C-2
CC:HA:PA:SA - Approval of Minutes of the Regular City Council Meeting Held on August 28, 2023 and the Special City Council Meeting Held on August 31, 2023
THAT THE CITY COUNCIL , HOUSING AUTHORITY BOARD, PARKING
AUTHORITY, AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING HELD ON AUGUST 28, 2023 AND THE SPECIAL CITY COUNCIL MEETING HELD ON AUGUST 31, 2023.
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Item C-3
CC - (1) Adoption of a Resolution Authorizing the City Manager or Designee to Execute Any Actions Necessary for the Purpose of Obtaining Financial Assistance Provided by the State of California Department of Transportation State of Good Repair Program; and (2) Adoption of a Resolution Authorizing the City Manager or Designee to Submit a Claim to the Los Angeles County Metropolitan Transportation Authority (Metro) for
Transportation Development Act (TDA) Funds for FY2023/2024
Vice Mayor McMorrin requested a brief staff report on items C- 3 and C-4 for community awareness.
Nick Szamet, Senior Financial Analyst, provided a summary of the material of record.
THAT THE CITY COUNCIL:
1. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO EXECUTE ANY ACTIONS NECESSARY FOR THE PURPOSE OF OBTAINING
FINANCIAL ASSISTANCE PROVIDED BY THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STATE OF GOOD REPAIR PROGRAM; AND,
2. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO SUBMIT A CLAIM TO THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY (METRO) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS FOR FY 2023/2024.
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September 11, 2023
12 Item C-4
CC - Approval and Authorization of the Transportation
Department’s Title VI and Limited English Proficiency Plan (LEP) Update for Filing with the Federal Transit Administration as Required for all Transit Operators with Bus Fleets in Excess of 50 Transit Vehicles in Service and Receiving Federal Assistance Awards
Nick Szamet, Senior Financial Analyst, provided a summary of the material of record.
Council Member Eriksson returned to the dais.
THAT THE CITY COUNCIL: RECEIVE, APPROVE, AND AUTHORIZE THE
TRANSPORTATION DEPARTMENT TO FILE THE ATTACHED TITLE VI AND
LIMITED ENGLISH PROFICIENCY PLAN WITH FTA REGION IX OFFICE OF CIVIL RIGHTS.
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Item C-5
CC - Adoption of an Ordinance Amending Culver City Municipal Code Section 7.02.005 to Determine and Declare Updated Prima Facie Speed Limits on Certain City Streets
Andrew Maximous, Mobility and Traffic Engineering Manager, provided a summary of the material of record.
Vice Mayor McMorrin expressed apologies for her absence at the August 14, 2023 City Council meeting; discussed the correlation between vehicular deaths and speed; oth er cities that have reduced speeds; examples of lowering speeds and better outcomes; and she questioned whether speeds could be revisited and potentially lowered.
Discussion ensued between staff and Council Members regarding recent rule changes at the state level; the need for a benchmark; the inability to reduce speeds arbitrarily ; enforcement; wide roads that carry a lot of traffic; the summary table; rounding speeds up or down; factors that go into setting speeds; revisiting certain streets and the speed survey in 6 months when rules that govern business districts take effect; plans to revisit the MOVE Culver City corridor; the ability to add other streets for consideration and apply new rules; Fox Hills; September 11, 2023
13 reduced speeds around the heavily utilized park; and people who cross where there is not a crosswalk.
THAT THE CITY COUNCIL: ADOPT THE ORDINANCE AMENDING CULVER CITY MUNICIPAL CODE SECTION 7.02.005 TO DETERMINE AND DECLARE UPDATED PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS.
MOVED BY COUNCIL MEMBER PUZA, SECONDED BY COUNCIL MEMBER O’BRIEN
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL APPROVE ITEMS C- 1 THROUGH C-4.
Council Member Eriksson noted that Council Member O’Brien had raised questions similar to those the Vice Mayor had; discussed the inability to arbitrarily change speed limits; and noted additional leeway to lower speeds in January.
MOVED BY COUNCIL MEMBER O’BRIEN AND SECONDED BY COUNCIL MEMBER ERIKSSON THAT THE CITY COUNCIL APPROVE ITEM C-5.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ERIKSSON, O’BRIEN, PUZA, VERA
NOES: MCMORRIN
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Public Hearings
Item PH-1
CC - PUBLIC HEARING: Introduction of an Ordinance Approving City-Initiated Zoning Code Amendment P2023 -0097-ZCA amending Title 17 Zoning Chapter 17.400.095 Residential Uses - Accessory Dwelling Units to Align with State Law by Revising Various Sections Including, but not Limited to, the Total Number of ADUs Allowed on a Lot Citywide, Including in the Culver Crest Neighborhood
MOVED BY COUNCIL MEMB ER O’BRIEN, SECON DED BY MAYOR VERA AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL RECEIVE AND FILE THE AFFIDAVIT OF PUBLICATION AND POSTING OF PUBLIC HEARING NOTICE.
Mark Muenzer, Planning and Development Director, introduced the item.
William Kavadas, Assistant Planner, provided a summary of the material of record.
September 11, 2023
14 Mayor Vera received clarification that the item was to ensure compliance with the state code.
MOVED BY COUNCIL MEMBER O’BRIEN, SECONDED BY COUNCIL MEMBER
ERIKSSON AND UNANIMOUSLY CARRIED, TH AT THE CITY COUNCIL OPEN THE PUBLIC HEARING.
Mayor Vera invited public comment.
The following members of the public addressed the City Council:
Stephen Jones indicated that he was a Planning Commissioner speaking on behalf of himself; thanked staff members for their efforts; noted that the item sought to bring the City into compliance with state law; and he asserted that the item would end single family zoning for good in the City no matter the neighborhood.
Melina Pillar discussed landslides in Culver Crest; the severe fire hazard zone; high risks; history and geology of the area; megadrought; elevated risks with rain; she questioned why the study conducted by John Kaliski Architects (JKA) indicating that ADUs (Accessory Dwelling Units) would not be safe on the Crest would be disregarded; discussed the wisdom in taking on undue risks; resources expended for environmental and structural experts; models and data ; she wanted to see facts and data prevail; and she asked that the City prioritize safety and stand firm on the existing ADU overlay on Culver Crest.
MOVED BY COUNCIL MEMBER O’BRIEN, SECONDED BY COUNCIL MEMBER
ERIKSSON AND UNANIMOUSLY CARRIED, THAT THE CI TY COUNCIL CLOSE THE PUBLIC HEARING.
Discussion ensued between staff and Council Members regarding ensuring more stringent standards for new construction in the Crest; compliance with state law; the “one size fits all” approach being taken by the state; the need to direct comments to the state senator; the importance of local control; the duty to further fair housing; and community outreach from public safety departments to help support neighbor concerns.
MOVED BY COUNCIL MEMBER O’BRIEN, SECONDED BY COUNCIL MEMBER PUZA AND UNANIMOUSLY CARRIED , THAT THE CITY COUNCIL: INTRODUCE AN ORDINANCE APPROVING CITY-INITIATED ZONING CODE AMENDMENT P2023- 0097-ZCA AMENDING TITLE 17 ZONING CHAPTER 17.400.095 RESIDENTIAL
USES - ACCESSORY DWELLING UNITS TO ALIGN WITH STATE LAW BY September 11, 2023
15 REVISING VARIOUS SECTIONS INCLUDING, BUT NOT LIMITED TO, THE
TOTAL NUMBER OF ADUS ALLOWED ON A LOT CITYWIDE, INCLUDING IN THE CULVER CREST NEIGHBORHOOD.
At 9:05 p.m. Jeremy Bocchino, City Clerk, conducted a test of sound and indicated that issues had been resolved.
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Action Items
Item A-1
CC - (1) Discussion of Whether to Reduce the Cannabis Business Tax Rate for Cannabis Distribution from 2% to 0%; and (2) Direction to the City Manager as Deemed Appropriate
Jesse Mays, Assistant City Manager, provided a summary of the material of record.
Discussion ensued between staff and Council Members regarding the category for cannabis distribution and percentage of business license tax paid on top of regular fees , and
clarification that no other products manufactured in Culver City pay a distribution tax.
Mayor Vera invited public comment.
The following members of the public addressed the City Council:
Melissa Sanders was called to speak but did not respond.
Allison Stockman was called to speak but did not respond.
Ron Ostrin with one minute ceded, discussed good governance; fiscal impacts; decisions being made on no information; revenue generated; the addictive nature of marijuana; problems for people with mental illness; the only other area with a 0% rate; he proposed that the City not take action due to lack of notice, information, or knowledge of fiscal impacts to the City; and he expressed concern with pushing things along and making decisions because it feels good.
Melissa Sanders was called to speak but could not be heard.
Austin Hice , Breeze, provided background on the company, discussed his participation in the process to make the best September 11, 2023
16 decision at the time regarding the tax rate; generating revenue for the City; the spread of the illegal market; survivability for the businesses; the known fiscal analysis; additional money generated for the City if the request is approved; allowing other distribution permits to be profitable; and the proposal to make more money for the City and allow the businesses to survive and grow by moving the rate to 0%.
Discussion ensued between Mr. Hice and Council Members regarding the excise tax vs. distribution tax; additional cannabis taxes; the illegal market; enforcement; distribution vs. direct to retailer; other states and cities without distribution permits; layers of taxes being paid; moving to 0% taxes to remain competitive; appreciation for staff and the intent of the City to make a profitable and sustainable industry; clarification that marijuana usage is not the issue; and the intent to make a sustainable, safe, legal industry.
Melissa Sanders acknowledged the complicated issue; asked about financial impacts to the City; discussed slim margins; amount made by the City; and making the change to help support sales on the other end.
Discussion ensued between staff and Council Members regarding the many reasons to support legalization of marijuana;
allocation of revenue to support reparations; supporting small businesses; taxation and regulation; the illegal industry; ensuring equitable process; impacts on other businesses; support for lowering the tax or use of a similar scale as is used in San Francisco or Oakland; a suggestion to direct the Finance Advisory Committee (FAC) to review the issue and make a recommendation; appreciation to Mr. Hice for efforts to be a good business neighbor; potency; use of marijuana by younger people; concern with long -term effects on younger people and issues developed; fairness; changes from what the expectations were; concern with strangling small business owners;
relationship of taxes to addiction and usage; addressing sales with a strong legal market; the fiscal an alysis in the staff report; concern with making decisions based on one business or authority; utilizing City resources; Equity Subcommittee conversations; furthering the Apology Ordinance passed in 2021; support for increased engagement to support good policy; certain taxes that cannot be passed down; and lack of support for lowering the rate to 0% and revisiting the issue in a year or two.
September 11, 2023
17 Council Member Puza moved to send the item to the FAC with direction to bring the item back with a report.
Heather Baker, City Attorney, proposed separating the motions to be clear.
Mayor Vera moved to reduce the cannabis tax from 2% to 0%.
Heather Baker, City Attorney, clarified that staff would need to be directed to return with information to make an amendment to the ordinance.
Mayor Vera moved to reduce the cannabis tax from 2% to 0% and direct the City Manager as deemed appropriate.
Discussion ensued between staff and Council Members regarding procedure.
MOVED BY COUNCIL MEMBER PUZA AND SECONDED BY VICE MAYOR MCMORRIN
THAT THE CITY COUNCIL SEND THE ITEM TO THE FINANCE ADVISORY
COMMITTEE FOR CONSIDERATION WITH DIRECTION TO RETURN TO THE CITY COUNCIL WITH A REPORT.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: MCMORRIN, O’BRIEN, PUZA
NOES: ERIKSSON, VERA
Mayor Vera moved to reduce the ca nnabis distribution tax from 2% to 0% and direct the City Manager as deemed appropriate.
Additional discussion ensued between staff and Council Members regarding procedure; the conflicting motions; concern that the original motion does not work; and the a bility to reconsider the original motion.
Council Member Eriksson proposed a substitute motion to lower the tax to 1% and review in 12 months.
The Mayor refused the substitute motion.
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September 11, 2023
18 Item A-2
CC - (1) Authorization to Enter into an Agreement with The Daniel A. Retting Separate Property Trust Established under The Daniel and Ellen Retting Family Trust and The Retting Trust dated October 25, 1989 for the Purchase and Sale of the Property Located at 11029 Washington Boulevard in Culver City in the Amount of $6,500,000; (2) Approval of an Amount Not -to-Exceed $250,000 for Closing Costs; (3) FOUR -FIFTHS VOTE REQUIREMENT:
Approval of Related Budget Amendments; and (4) Direction to City Manager as Deemed Appropriate
Jesse Mays, Assistant City Manager, provided a summary of the material of record.
Mayor Vera invited public comment.
The following members of the public addressed the City Council:
Stephen Jones asserted that the City should not miss the once- in-a-lifetime opportunity to ensure that the property does not host another gun store, and he encouraged the City to use the property to build dense City-owned and operated social housing.
Megan Oddsen Goodwin, Culver 878, thanked Dan Retting and City staff for their efforts to address community concerns, and she asked that the City Council authorize the agreement and look at ways the property can serve the community.
Jessica Harwood was called to speak but did not respond.
Margot Bennet, Women Against Gun Violence, provided background on herself and her family; noted that posting suicide prevention posters at gun stores is now California law and it started in Culver City; discussed passage of the Suicide Prevention and Safe Gun Storage ordinances in 2019; the School Board resolution requiring that information be sent home regarding Safe Gun Storage laws; she asked the City Council to vote to purchase the Martin B. Retting Gun Store; and she thanked the Retting family and extended best wishes on their retirement.
Frances Rosenau provided background on herself; noted that her views were her own; discussed opportunities to take action with far-reaching impacts; lives saved; her experience with a suicide in the family; the consequences of inaction; value of a human life; and diminishing children’s fears.
September 11, 2023
19 Jessica Harwood urged the City Council to vote in favor of purchasing the property and to prohibit the sale of the property to another gun store for the sale of guns in the school zone; she asserted that safety was priceless; and she thanked Mr.
Retting and City staff for coming to agreement.
Gary Ze iss indicated being a proponent of good government; discussed the previous agenda item in consideration of $200,000 per year vs. the current agenda item for $6.5 million; property value as compared to others in the area; usage; appraisal; appreciation being expressed to the Rettings; bad governance hiding under a social issue; and concern with providing a gratuity to someone running a business that is now considered a nuisance.
Melody Hansen , Culver 878, provided background on herself; discussed efforts to make the community safer; the opportunity to uphold the Distance Ordinance passed in 2005; and she asked the City Council to vote yes to buy the property noting that the positive impacts would be felt for generations.
Douglas Osborne was called to speak but did not respond.
Raymond Mai discussed work to address gun violence; concerns of nearby students; giving the community a chance to minimize gun violence near the school, the park , and the mosque; costs for the land; the noteworthy investment that the City has the reserves for; the ability to make the purchase and still maintain contingency reserve requirements; the important investment in the safety of the community; and he asked the City Council to authorize the purchase to move forward to minimize gun violence in the City.
Sarah McMahon, Culver 878, provided background on herself; asked the City Council to vote yes on the item; acknowledged the difficult job of Council Members; and she thanked the City Council for their efforts.
Brian McMahon provided background on himself; discussed cost of the investment vs. the annual City budget; similar sales in the area; and the desirable parcel for residential development.
Thomas Dunn discussed the number of people killed on 9/11 vs. those killed by gun violence; the need to prioritize keeping children safe; proximity to the elementary school; sending the message that people are protected by governance, not a gun; and he asked the City to approve the item.
September 11, 2023
20 Loren Lieb was called to speak but did not respond.
Jeffrey Apfelberg provided background on himself; echoed comments from other pare nts; discussed grandfathering; helmet mandates; changes made to improve safety; natural attrition to eliminate conditions over time; the need for the City to purchase the land and let the exemption expire; keeping the community safer; and he asked the City to pass the resolution to benefit everyone.
Patrick Meighan asked that the City purchase the property to make a lasting investment in the community and ensure safety.
Meta Valentic expressed appreciation for the quick action of the City; encouraged the City Council to vote yes on the item; noted the many people watching with great interest; and the ability of the City Council to make a once-in-a-lifetime change.
Diana Ulloa-Serrano provided background on herself; discussed anxiety shared by students at Ballona Elementary School; and she asked the City Council to think about the safety and the wellbeing of children when making decisions.
Gabriel Barreras provided background on himself; discussed a letter he submitted written by himself and three other urban design professionals in support of the store purchase; noted the prime location and the Transit Priority Area; he asserted that the community was willing to contribute time ; and he proposed formation of an ad hoc committee to consider the possibilities.
Margaret Peters thanked the City for their quick efforts; reported anxiety caused for children by the presence of the gun store; and she asked the City to vote to approve the item.
Melissa Sanders reported being anti -gun; encouraged those concerned to focus on federal regulations; noted that removing the gun store would not affect gun violence in the country; proposed that the City Council pass the item with caveats; and she noted the importance of passing the item with a requirement that the land be used for the creation of affordable housing similar to Tilden Terrace.
Jeannine Wisnosky Stehlin expressed appreciation for the successful negotiations; discussed the amount of money proposed; the importance of recognizing the potential for housing, an art September 11, 2023
21 center, or profitable retail; the rare opportunity to acquire the location; overwhelming support for the item; uniting the community across political views; addressing gun violence and community safety; the need for transparency and community involvement to determine future use and garner public trust; and the action as one of the many steps needed t o address gun safety.
Huong Nghiem-Eilbeck provided background on herself; discussed the amount of money being proposed; money spent by other cities to address gun violence issues; efforts by La Ballona to raise academic rankings; an upcoming ranking of schools in Los Angeles county; the risk of violence related to proximity to gun stores and likelihood of violence; and an important research project on attitude and behaviors of communities in proximity to gun stores.
Marci Baun expressed concern with the amount of money spent to buy the gun store with no plan for what would to do with it , and she questioned where people were over the past two years while there has been a lot of violence in the schools.
Ron Bassilian was called to speak but did not respond.
Carrie Bassilian was called to speak but did not respond.
Laura McMullan, Culver 878 and Moms Demand Action, provided background on herself and read a letter from Brady, a gun violence prevention organization in support of the purchase of the property at 11029 Washington Boulevard.
Ron Ostrin with one minute ceded , discussed previous
consideration of the item; interfering with property owner rights; property valuation; whether a new gun store owner would be able to make a profit at the location; whether safety would be increased; support for the voluntary sale; and providing psychic comfort to the community.
Andrew Flores commended staff and the Rettings in coming to an agreement; discussed Culver 878; and he encouraged the City Council to vote yes on the item.
Judi Sherman expressed support for taking control of the land for use in addressing the urgent need for affordable housing.
Dr. Kelly Kent, CCUSD Board of Education, speaking on behalf of herself; expressed gratitude for the ability to identify funding September 11, 2023
22 for the item, and admiration to the City for their leadership; she discussed the emotional well-being of children and students; preventing the location from becoming a grandfathered -in gun store; the gift of mental well -being; she thanked community organizations for their work as well as the Rettings ; and she asked that the City Council vote to approve the purchase.
Marta Valdez expressed opposition to purchasing the property as she did not feel that buying it would solve the issue; discussed using the money to support children who need access to parks; accessibility issues; improving the area for the Olympics; she asserted that the safety of children is a priority; and she questioned where people were when fights were going on.
Ron Bassilian was called to speak but did not respond.
Discussion ensued between staff and Council Members regarding comparative real estate values; final sale price; the price being offered by the City; the property as an asset to the City; concern with putting a mandatory affordable housing condition on the item; the speed of the process; the need for a public discussion on use of the property; acknowledgement of the once- in-a-lifetime opportunity; rezoning of the City; compatible usage; spirit of the law; effects of the change to gun violence; number of guns sold by Retting and those used in the commission of crimes; living in a City where people feel safe; unification of the community; investing in the community; future uses; the process; turning the property into a community benefit
determined by the communi ty; appreciation to staff for their efforts; the much lower professional appraisal done by a potential buyer; the feeling that changing the property use would not do much to reduce gun violence; a suggested meeting with the Chief of Police to discuss what can be done to get illegal guns off the street; addressing issues at the school; the feeling that the best solution would be to find someone else to buy the property; concern with spending deficit money on the property; spending $3 million to alleviate con cerns; changing the look of the street; appreciation for not violating the Constitution; and a suggestion to repaint the property as soon as the City takes control.
Council Member Eriksson moved to accept the staff recommendation with an amendment to paint the property when the City takes control.
Additional discussion ensued between staff and Council Members regarding the agenda item as a reminder that impossible things September 11, 2023
23 are possible; the invitation to dream ; providing all types of safety for the community; the property that has caused harm to the community; the need for a commitment to a community engagement process; dreaming beyond the status quo; hope as a discipline; work with neighbors to incorporate a community process into what comes next; ensuring input into the process; appreciation to those involved; the large amount of money; those who disagree; and best wishes to Dan Retting in his retirement.
MOVED BY COUNCIL MEMBER ERIKSSON, SECONDED BY MAYOR VERA AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL:
1. AUTHORIZE ENTERING INTO AN AGREEMENT WITH THE DANIEL A.
RETTING SEPARATE PROPERTY TRUST ESTABLISHED UNDER THE DANIEL
AND ELLEN RETTING FAMILY TRUST AND THE RETTING TRUST DATED OCTOBER 25, 1989 FOR THE PU RCHASE AND SALE OF THE PROPERTY LOCATED AT 11029 WASHINGTON BOULEVARD IN CULVER CITY IN THE AMOUNT OF $6,500,000; AND,
2. APPROVE AN AMOUNT NOT-TO-EXCEED $250,000 FOR CLOSING COSTS; AND,
3. APPROVE RELATED BUDGET AMENDMENTS (FOUR -FIFTHS VOTE REQUIREMENT); 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; AND,
6. ENSURE COMMUNITY INVOLVEMENT; AND,
7. PAINT THE PROPERTY AS SOON AS THE CITY TAKES CONTROL.
o0o
Item A-3
CC - (1) Ratification of Approval of Final Plans and
Specifications for the Modified MOVE Culver City - Downtown Corridor Pilot Project Western Segment and Authorization to Publish a Notice Inviting Bids; and (2) Adoption of a Resolution Granting California Environmental Quality Act (CEQA) Exemptions to the Modified MOVE Culver City - Downtown Corridor Pilot Project and Certifying the Project Will Be Completed Using a Skilled and Trained Workforce
September 11, 2023
24 Diana Chang, Chief Transportation Officer, introduced staff and provided a presentation on the downtown corridor modification.
Discussion ensued between staff and Council Members regarding time saved for drivers by adding a lane of traffic for cars; de-prioritization of the eastern segment; coo rdination of schedules; resurfacing; adding a delineator to prevent people from stepping off the curb into the bike lane immediately adjacent to the curb; training bus operators to share the lane with cyclists; collaboration with a focus group of cyclists; Omega posts; and supplementary indications.
Mayor Vera invited public comment.
The following members of the public addressed the City Council:
Stephen Jones encouraged the City Council to take the lawyers who wrote the letter about CEQA (California Environmental Quality Act) seriously; discussed risks of costly litigation if the City tries to move forward with an exemption; requesting an Environmental Impact Report (EIR); the ability to mitigate any impacts of adding vehicle lanes; putting pedestrians in danger; concern with values if they would prefer not to know the impacts and not to mitigate them; he wanted to see the City Council take responsibility for their actions; and he encouraged the City Council to grant an exemption for the eastern segment while the western segment goes through environmental review and to prioritize the eastern section expansion of mobility lanes which is exempt from CEQA.
Darrell Menthe thanked staff for their efforts; noted the pilot project was meant to be an experiment; and wanted to see the City work as expeditiously as possible so that there would not be any construction during the holidays.
Discussion ensued between staff and Council Members regarding uncertainty with availability of the contractors and the target go-live date in December.
David Coles discussed the urgency applied to moving forward to improve safety in the community to buy the Retting property ; moving with some of the same urgency to address traffic violence, the number one killer of children in Los Angeles county; exemption from environmental review; undeniable impacts; the staff report indicating significant numbers of September 11, 2023
25 crashes and injuries prior to MOVE Culver City; the net negative of removing the bicycle lanes; and legal arguments.
Douglas Osborne was called to speak but did not respond.
Auguste Miller was called to speak but did not respond.
Bubba Fish discussed the alleged exemption from CEQA using the pre-pandemic baseline; the letters from the CEQA lawyers; the intent of the law to protect similar projects from being watered down and reversed; other urgent street safety projects that are not being addressed while resources are being spent to pull out a bike lane and put more cars in; impacts of climate change and greenhouse gas emissions; he asserted that the revision of the western part would be a waste of money and staff time; and he expressed concern that the City could regret a decision to negate an EIR.
Adrian Killigrew, Bridge Mobility, asserted that the future is cycling; discussed people going to school and grocery shopping via cargo bikes; concerns shared during the onboarding process; safety; the growth in the number of people using their bicycles; providing the best bicycle infrastructure; and he felt that the City should move forward and embrace the future.
Mary Daval discussed the idea that removing protected bike lanes to provide more lan es for cars would not create any
environmental impact; letters submitted by Ed Casey and Friends of MOVE Culver City; violating CEQA requirements; impacts of proposed changes; creating unsafe streets rather than improving the health and well -being of the c ommunity or providing equitable access to public streets; concern with re -creating the high injury network that existed prior to MOVE Culver City; and she asked that the City learn from the past and not repeat it.
Jeanne Black with one minute ceded by Art Nomura, read an abridged portion of a letter sent by Land Use Attorney Ed Casey, regarding exemptions recommended to avoid preparing an EI R; discussed categorical exemptions; physical conditions that existed before the mobility project was built; legislat ive history of the guideline; the phrase “former use”; the rationale for the exception; and encouragement to direct the staff to prepare a full EIR if the City Council seeks to proceed with the proposed project.
September 11, 2023
26 Till Stegers asked the City to do the right thing and conduct an EIR; expressed support for a suggestion made to move forward with the part of the project that is not impacted by adding a traffic lane; emphasized comments expressing dismay that a similar urgency is not extended to addressing traffic violence as is used to address gun violence ; concern with moving backwards; and avoiding legal action.
Ben Parnas questioned whether an EIR had been made prior to the change in 2020; discussed the letter from the lawyer; reverting a road configuration to a previously existing condition; bypassing performing another EIR; and he questioned what was being relied upon to claim that additional traffic going through the City is not an issue.
Leah Pressman was called to speak but did not respond.
Marci Baun thanked staff for their efforts; discussed City Council efforts to satisfy everyone; issues getting to the Farmers Market that did not exist before MOVE Culver City was put in; environmental impacts; the pilot project; people that do not want to go downtown anymore; she asserted that the project was not viable and was killing downtown businesses; and she expressed hope that the City Council would move forward.
David Metzler discussed dangers of the Main Street and Culver intersection in 2019; pedestrian/driver conflict zones; redesign of streets to make crossing safer; increased numbers of pedestrians crossing; decreased number of injuries to pedestrians since the implementation of MOVE Culver City; he asserted that it was irre sponsible to change back to previous conditions when the data shows improved safety since 2019; concern with ignoring data and putting the City and public at risk; he encouraged the City to study the impact and options to reduce injuries with an EIR; and he urged the City to do an EIR to avoid the liability of a CEQA lawsuit
Michelle Weiner indicated that she was a member of the Bicycle and Pedestrian Advisory Committee (BPAC) speaking for herself; noted the number of times the BPAC had weighed in on the issue; urged the City Council to not ignore doing an EIR; discussed people who don’t want to make the City more accessible; and those who want to do the right thing and will be disappointed when bicycle infrastructure is removed.
Andrew A expressed support for an EIR for the western segment; noted the importance of stud y before introducing potential September 11, 2023
27 pollution to the City; expressed concern with a potential lawsuit; discussed wasting valuable City funds on a lawsuit rather than using money for a needed EIR; he felt that bike lanes should have significant protection from car lanes; and he asserted that it made no sense to space out bike lanes further than they are spaced out today.
Jake Ettinger thanked the City for their work to make the area more bikeable and walkable; discussed comments made by Council Member Eriksson regarding sidewalks in the City and putting oneself in someone else’s shoes; the bad decision to rip out protected bike lanes along Culver Boulevard; the obvious environmental impact; air quality impacts for everyone; and he echoed comments from previous speakers to move forward with the eastern portion of the project while an EIR is done for the western portion.
Caro Vilain expressed frustration with decisions made by three Council Members; discussed willingness to waste time and money; those who complain that a short car trip takes 30 minutes; and she noted that adding more car lanes would encourage more people to drive and be stuck in traffic.
Mathew Finlayson reported being excited about how bike-friendly Culver City was; expressed disappointment in hearing that the City was choosing to remove the bike lanes; indicated commuting through Culver City every day; discussed peace of mind; the regressive decision to remove infrastructure for humans in favor of adding more cars; negative impacts to people and the environment while attracting more single passenger vehicles and forcing more people to drive; and he asked that the City do the right thing, listen to experts, and not adopt CEQA exemptions.
Ron Ostrin with one minute ceded, discussed ideological urban planning; gridlock that creates more carbon emissions; the EIR that was waived when the western portion was built; political forces funded by unknown sources with an ideological agenda rather than a progressive agenda; getting traffic in and out in order to reduce emissions from people idling in traffic; people who drive because they have to go earn a living; gridlocked cars on the streets in New York; the pilot project that should have been reversible if necessary; people who refuse to travel to downtown Culver City; and he asked that the City make the project better noting that businesses were leaving the community.
Nancy Barba urged the City Council to slow down and work through an EIR in accordance with CEQA to learn and mitigate negative September 11, 2023
28 environmental impacts that would result in adding an additional traffic lane; she discussed the critical first step of the MOVE Culver City project to serve current and future generations in adapting to a warming climate; the opportunity to address the first and second cause of death for children; and she asked that the City Council exhibit the same courage and leadership they had in acquiring the Retting property and direct staff to complete the EIR for the western section of the MOVE project.
Olga provided background on herself; reported commuting by bicycle when the protected bike lanes were implement ed; indicated that she and others would l ikely stop riding and be forced to drive when the lanes are removed for safety reasons; expressed concern with trying to subvert state law with a CEQA exemption; discussed setting a precedent that putting more cars on the road has no impact on the environment; and she felt that was climate change denial and was embarrassing.
Ken Mand noted that traffic was awful in 2019 with two lanes of bumper to bumper gridlock; he asked Council Members to consider whether the proposal would make the community any safer, and if there was any doubt, to conduct necessary analysis; h e questioned why there was no outreach to Arts District residents during the redesign period; he asked the City to take the time necessary to analyze the situation and avoid a CEQA lawsuit which would cause delays anyway ; noted the year-long public outreach and analysis for Phase One; he asserted that two lanes of bumper to bumper traffic would not make downtown businesses better; and he asked that leadership be provided to avoid a lawsuit, to make the community safer, and to make downtown wonderful as well as to build community on the corridor through the Arts District.
Gary Zeiss discussed the pilot program; concern that threats of litigation would make cities not want to try things; unintended consequences; making adjustments to pilot programs; and he expressed support for moving forward by putting the bus and bike lane together and extending it to provide more infrastructure.
Discussion ensued between staff and Council Members regarding Complete Streets; compromise; the Olympics and Paralympics; buses to transport people; the opportunity to build a safe and efficient mobility system; the public project; data rejected that used industry standards and was verified demonstrating that the project was a complete success; the perception survey; those most impacted; the need to be bold to ensure maximum safety and efficiency; travel time and gridlock; right turn on red; concern September 11, 2023
29 with the rushed process; concern with wasting time and money; the CEQA exemption; potential legal risk for not going through the CEQA process; the baseline prior to the pandemic; adverse effects on safety and the environment; the fact that more people are killed by cars than guns in Los Angeles county; increasing Vehicle Miles Travelled (VMT); the opposite of the original intention of the pilot project; prioritizing safety over speed; the need to review the letters challenging the proposed CEQA analysis; concern with moving forward due to the discrepancies and unknowns; and support for moving forward with an EIR to address gaps.
Additional discussion ensued between staff and Council Members regarding threats of litigation; staff recommendations on the best way forward; downtown business owners begging the City to make the changes; people who write letters and sign petitions requesting changes; the need to come to a compromise; the no right on red at National and Washington; adding the right turn back on Washington; support for shared bus/bike lanes; criticism of how people feel; the opinion survey; the need for consistency in taking feelings into consideration; the value of expediting bus travel through the downtown area; number of traffic lanes prior to the pilot program; people turning right blockin g the bus/bike lane; the Arts District; and feedback from frustrated community members and business owners.
Further discussion ensued between staff and Council Members regarding development of the pilot program; lack of a traffic study or EIR; costs for a permanent project; the dangerous ramps; selective use of data by the consultant to paint a picture to support ideas and concepts; inconsistencies; recommendations for shared bus/bike lanes; statistics regarding idling vehicles; reducing car usage through public transportation; perceived safety issues; preserving bike infrastructure; the
underutilized Ballona Creek Bike Path; the feeling that children should not bike on Washington and Culver Boulevards due to the concentration of fine particulate matter; not putting bike lanes on high trafficked streets; the need to develop more bridge crossings and more entrance points to the Ballona Creek Bike Path; encouragement to use side streets when travelling to the downtown area; and the number of residents who wanted to remove MOVE Culver City or change it.
Additional discussion ensued between staff and Council Members regarding the feeling that the Caltrans award winning MOVE Culver City project should not be modified in any way that increases VMT or emissions ; the mistake of putting more September 11, 2023
30 pollution in the air; removal of dedicated bike lanes; the policy issue to address the number one killer of children in Los Angeles county: the IPCC (Intergovernmental Panel on Climate Change) Report of March 2023 advising governments to decrease emissions in their locality; continual lack of action on all government levels; the need to act in alignment with research and data on the issue; the success of MOVE Culver City to increase pedestrians, cycling, micro -mobility, and tran sit ridership; those who did not like the data that was produced; belief in science, data, and the IPCC report; guidance in policy making; National Association of City Transportation Officials ; preference for dedicated bus and bicycle facilities over bus/bike lanes; concern with bicycle safety; knowing complicity in harming neighbors; induced demand; concern with making the wrong policy move in 2023 in light of massive climate failures; approval of Fox Hills modifications without funding while funding for t he proposed modifications has been approved; continued prioritization of certain communities over others; infrastructure failures; efficient, effective, reliable transit; policy choices; outdoor dining; the opportunity to listen to the data, conduct an EIR , and recommit to
sustainability goals made with community input; and making an investment that future generations can be proud of , and safe in.
Discussion ensued between staff and Council Members regarding the importance of compromise; the survey taken ; lived
experience; feedback from business owners; parking concerns; expansion of the cohesive system; connective infrastructure; addressing community needs; the need to work with Metro and area cities to create a safe, cohesive system that everyone can use; and appreciation to staff for their efforts on the project.
MOVED BY COUNCIL MEMBER O’BRIEN AND SECONDED BY COUNCIL MEMBER ERIKSSON THAT THE CITY COUNCIL:
1. RATIFY APPROVAL OF THE FINAL PLANS AND SPECIFICATIONS FOR
THE MODIFIED MOVE CULVER CITY - DOWNTOWN CORRIDOR MODIFIED PILOT
PROJECT WESTERN SEGMENT AND AUTHORIZE THE PUBLICATION OF A NOTICE INVITING BIDS; AND,
2. ADOPT A RESOLUTION GRANTING CEQA EXEMPTION TO THE MODIFIED
MOVE CULVER CITY - DOWNTOWN CORRIDOR PILOT PROJECT AND
CERTIFYING THAT THE PROJECT WILL BE COMPLETED BY A SKILLED AND TRAINED WORKFORCE.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
September 11, 2023
31 AYES: ERIKSSON, O’BRIEN, VERA
NOES: MCMORRIN, PUZA
Council Member Puza moved to proceed with an EIR for the project.
Discussion ensued between staff and Council Members regarding the adoption of categorical exemptions for the project and the need to reconsider the prior motion in order to move forward with an EIR.
Council Member Puza withdrew his motion.
o0o
Item A-4
CC – (1) Consideration of a Request from Streets for All for the City to Apply as Lead Agency for a California State Reconnecting Communities: Highway 2 Boulevard Grant in the Amount of Approximately $2,000,000 (Grant) to fund a Feasibility Study to Evaluate a Project to Transform State Route 90 (Project), and, if Desired, Authorization to the City Manager or Designee to Submit the Grant Application and Enter into Agreements
Pertaining to the Grant; and (2) Consideration of a Request from Streets for All for a Letter in Support of its Application for U.S. Department of Transportation Reconnecting Communities and Neighborhoods Program Grant Funds for the Project and, if Desired, Authorization of such Letter of Support
Yanni Demitri, Public Works Director, provided a summary of the material of record.
Michael Schneider, Streets for All, presented a brief
presentation on reimaging the 90 freeway into a Marina Central Park.
Discussion ensued between Mr. Sch neider, staff, and Council Members regarding the potential amount of housing that would be in Culver City; the majority of the project as being in Los Angeles; Caltrans encouragement to apply for the State
Opportunity; the deadline for the grant application; the inability for Los Angeles to move quickly enough; right of way within Culver City; the neutral position of Council Woman Traci Park on the issue; and support from the Mayor of Los Angeles.
September 11, 2023
32 Council Member Puza reported that during the election he had been endorsed by Streets for All and received a financial contribution, but upon consultation with the City Attorney, it was determined that no conflict of interest exists.
Additional discussion ensued between staff and Council Members regarding statements of support from the Del Rey Neighborhood Council; extensive community engagement as part of the
feasibility study; other funding opportunities where Culver City would not have to serve as the lead agency; releva nce of the Reconnecting Communities opportunity; potential liability connected to serving as a lead agency; impacts to businesses; the Westfield Mall; the process; donated time from SWA to produce the presentation; the study to see if the area could benefit from something other than a freeway; the letter of support requested for the federal grant; the need for a governmental entity to be part of the Caltrans grant; and the lack of a local match component.
Mayor Vera invited public comment.
The following members of the public addressed the City Council:
Stephen Jones was called to speak but did not respond.
Darrell Menthe indicated being a Planning Commissioner speaking on behalf of himself; expressed concerns with the item and how it came to the City; he felt that Traci Park’s District should be dealing with the item; asked about funding and where the money would go; discussed expertise; he asserted that Streets for All is a Political Action Committee (PAC) and the City should not be vouching for them as a partisan organization by applying for a grant; he felt the grant should be done in-house or by working directly with a private consultant; and he felt that they should be consulted more than two weeks in advance.
Gary Zeiss discussed putting a park over the 405 freeway; the portion of the freeway in Culver City; and he felt that the project was not their fight to have.
Douglas Osborne was called to speak but did not respond.
Lois Whitman was called to speak but did not respond.
Jamie Wallace with one minute ceded, expressed appreciation to Council Member Puza for his clarifying comments regarding a potential conflict of interest; discussed the actions of September 11, 2023
33 Seattle; other areas in the City that would benefit from connectivity; the confusing nature of the proposal; the aspirational affordable housing concept; qualifications and background on the organization; proponents of the original MOVE project; the urgency of the decision; reliable esti mates on staff time required to support the feasibility study; other grants where the C ity does not need to be the lead agency; ensuring the quality, process, and accuracy of the study; and concern with lack of information.
Ben Parnas expressed support for the concept and concern with the skepticism about the project; discussed questions being raised that would be answered with a feasibility study; the fact that there would be no cost for the study; the underused freeway; and he wanted to see a feasibility study conducted on the concept.
Philip Lelyveld with one minute ceded by Bob Wallace, discussed support for the ideology behind the proposal; the need for the organization to articulate how they would turn the ideological goal into practical implementati on; the responsibility of Streets for All to develop the plan; daily volume on the Marina Freeway; the need to gain support from the population of Marina del Rey; scope of the proposal; the credibility of the City Council; the need for answers to important questions; and concern with an ideological position paper in the form of a proposal.
Marci Baun expressed agreement with previous speakers regarding concerns with the speed of the item and lack of research; discussed support for a large park; determining where traffic would go; the amount of increased emissions; impacts to those in the area; the need for the item to go to Traci Park; and she hoped that the City would hold off on the item.
Khin Khin Gyi discussed traffic from Playa del Rey spilling onto Overland Boulevard; the original intent for Overland to be a residential street; pollution caused by Overland traffic; abolishing the Marina Freeway; and she urged the City not to greenlight the project.
Ron Bassilian was called to speak but did not respond.
Richard Glaser was called to speak but did not respond.
Andrew A. with the Del Rey Neighborhood Council Land Use and Planning Committee, reported a unanimous vote for a support September 11, 2023
34 letter; requested Culver City support for a study that would answer many of the questions that were asked; discussed pollution caused by the 90 Freeway; environmental benefits; the transformative project to reconnect communities and provide valuable park space; connections to the Ballona Bike Path; providing alternate ways to get around without a car; and providing park areas near Mar Vista Gardens.
Ron Ostrin with one minute ceded, discussed comments made by Council Member Eriksson on Item A -3; biking on neighb orhood streets; concern with providing $2 million for lobbying to a PAC with an ideological goal; whether an objective feasibility study would result; misleading pictures displayed;
inapplicability of comparisons with projects in other cities; elimination of the tsunami and hurricane evacuation route; lack of public support for the project; support for anything that eliminates cars; gridlock in New York; climate change; a book entitled The Parrot and the Igloo; real world consequences; and false dreams.
Stephanie Gilgar was called to speak but did not respond.
Mark Berger , Del Rey Neighborhood Council, asked the City Council to reject the fundamentally flawed proposal; discussed tearing down a taxpayer funded public asset that fulfills its engineered mission; removing a freeway that cuts down on traffic in economically diverse neighborhoods; the role of the freeway to connect Los Angeles to the coastal region; the high capacity emergency evacuation highway; eradicating a highway that is the basis of traffic congestion impact studies for thousands of regional development pro jects going back decades; future development in the region; and he asked that the proposal be rejected.
Marta Valdez was called to speak but did not respond.
Nancy Barba was called to speak but did not respond.
Rob Roy van de Hoek was called to speak but did not respond.
Matt Weiner spoke in support of the Marina Central Park proposal; discussed bringing green space to a place that needs it; the study to answer questions people have asked; the unused portion of freeway; greater trends in transportation; money spent by Los Angeles Metro t o be more effective than freeways ever were; the proposed station by Westfield Culver City; and he felt it was worth considering making the City more livable.
September 11, 2023
35 Till Stegers expressed support for the interesting and visionary project that deserved to be studied; he urged the City Council to support applying for free state and federal money to answer questions; discussed the High Line in New York City; the chance to support a visionary proposal; the fact that there is no obligation to implement; and he clari fied that the non -profit could not lobby.
Caro Vilain expressed support for the item; stated that the study would answer many questions asked in previous comments; discussed the choice of three Council Members to move backwards on MOVE Culver City ; the opportunity to prove openness to examining benefits to th e community; the request for a feasibility study; and she asked the City Council to support the item.
Discussion ensued between staff and Council Members regarding opportunities for more connectivity, alternative modes of transportation, housing, and for building more greenspace and community; impacts to Fox Hills; revisiting Main Street; concerns regarding the timing of the project; the feasibility study; the beginning of the project; merits of the project; ways to achieve mobility, housing , and sustainab ility goals; and support for moving forward with a letter of support.
Council Member O‘Brien reported receipt of much negative email on the issue; discussed communication with Mr. Schneider about 6-8 weeks ago; his experiences on the 90 Freeway; the intent to maintain a road to carry general vehicular traffic; the grant to pay for the feasibility study; determining impact and practicality; the Caltrans recommendation to apply for the state grant with the condition that the lead applicant be a
municipality; a grant opportunity in the Veterans Park
neighborhood many years ago that never was examined due to opposition from the neighborhood as a result of lack of time; the need for community buy-in; support for the study; the staff commitment in order to be a lead applicant on the state grant; impacts to staff workload; bike facilities in Fox Hills; taking away staff time from projects with similar goals; he apologized to people who were upset by changes they did not understand and to Streets for All for not being able to give 100% support; he acknowledged the effort put into the grant applications; noted the speed of the process; and he proposed drafting a letter of support for the feasibility study that Streets for All is applying for with Caltrans but not to be the lead applicant on the state grant.
September 11, 2023
36 Additional discussion ensued between staff and Council Members regarding concern w ith taking action in Trac i Park’s
jurisdiction; collaboration; 501 (c)(4) organization s vs. 503 (c)(4) organizations; staff time; taking away from other projects; appreciation for having a discussion; the need for major outreach and engagement; providing a support letter for a federal grant; and discomfort with being a lead organization.
Further discussion ensued between staff and Council Members regarding the worthwhile natu re of housing and climate investments; greater good for the community and the region; not waiting for crisis to reimagine space; the importance of partnership and collaboration with Los Angeles ; and the difficulty of change.
Vice Mayor McMorrin indicated that she had not had discussions about the Project with Streets for All, but they did endorse her candidacy in 2020, and she proposed an agenda item regarding disclosure of donors.
Discussion ensued between staff and Council Members regarding politics; lobbying; interests; power; policy; increased donations in the last election; opportunities for further engagement and education; precluding taking further steps; benefits of the project to the City; the regional project; the Del Rey Neighborhood Council; the concept; unanswered questions; turning money over to a lobbyist group without any City oversight; and the need for community buy-in.
MOVED BY COUNCIL MEMBER O’BRIEN, SECONDED BY COUNCIL MEMBER ERIKSSON AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL: DRAFT
A CITY LETTER OF SUPPORT FOR THE STREETS FOR ALL APPLICATION
FOR A FEDERAL RECONNECTING COMMUNITIES GRANT TO FUND A
FEASIBILITY STUDY FOR THE MARINA CENTRAL PARK.
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Public Comment – Items Not on the Agenda (Continued)
Mayor Vera invited public comment.
Jeremy Bocchino, City Clerk, reported no requests to speak.
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September 11, 2023
37 Items from Council Members
None.
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Council Member Requests to Agendize Future Items
Vice Mayor McMorrin discussed a county initiative called Los Angeles vs. Hate; activations throughout the county from November 12-18, 2023; the call for communities to host events; disturbing statistics about increases in hate crimes in Los Angeles county based on race and ethnicity; she felt Culver City should be doing more to make residents aware of resources; she wanted to see how the City Council be involved; noted that a proclamation had been issued last year; and she received City Council consensus from Mayor Vera and Council Members O’Brien and Puza to agendize a discussion of information brought back by the Human Resources Director on how the City could be involved.
Vice Mayor McMorrin noted confusion about disclosure of major donors on campaign materials; proposed that staff look into an ordinance in Berkeley allowing for add itional transparency; discussed best practices; and the source of funding election expenditures.
Discussion ensued between staff and Council Members regarding the public information; providing more accessibility ;
controversy; confusion; public benefit of having the
conversation; and City Council consensus was not achieved to agendize a discussion of transparency for major donors.
Council Member Puza discussed plans for the Retting property and requested consensus to agendize consideration of
participatory budgeting as a way to increase participation in the community process.
Discussion ensued between staff and Councilmembers regarding costs for the process; staff agreement to provide available information from the previous presentation; agreement to revisit the item; procedures regarding making a substitute motion; and ensuring that all Council Members have the opportunity for their motions to be heard.
September 11, 2023
38 MOVED BY MAYOR VERA, SECONDED BY COUNCIL MEMBER O’BRIEN AND
UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL ADJOURN THE MEETING IN MEMORY OF FORMER FIRE CAPTAIN JIM GILBERT.
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September 11, 2023
39 Adjournment
There being no further business , at 1:33 a.m., Tuesday, September 1 2, 2023, the City Council , Culver City Housing Authority Board, Culver City Parking Authority, Redevelopment Financing Authority, and Successor Agency to the Culver City Redevelopment Agency Board adjourned in memory of Retired Fire Captain Jim Gilbert to a meeting to be held on September 18, 2023.
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Jeremy Bocchino
CITY CLERK of Culver City, California
EX-OFFICIO CLERK of the City Council and SECRETARY of the Successor Agency to the Culver City Redevelopment Agency Board, Redevelopment Financing Authority, Culver City Housing Authority Board, and Culver City Parking Authority, Culver City, California
ALBERT VERA
MAYOR of Culver City, California and CHAIR of the Successor Agency to the Culver City Redevelopment Agency Board,
Redevelopment Financing Authority, Culver City Housing
Authority Board, and Culver City Parking Authority
Date: _________________________