City Council Adjourned Regular Meeting
Regular MeetingManhattan Beach, CA · February 8, 2016
Minutes
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
Meeting Minutes - Final
Monday, February 8, 2016
3:00 PM
Closed Session
City Manager Conference Room, City Hall
1400 Highland Avenue
Manhattan Beach, CA 90266
City Council Adjourned Regular Meeting
Mayor Mark Burton
Mayor Pro Tem Tony D’Errico
Councilmember David Lesser
Councilmember Amy Howorth
Councilmember Wayne Powell
City Council Adjourned Regular Meeting Minutes - Final February 8, 2016
Meeting
A. CALL MEETING TO ORDER
At 3:00 PM, Mayor Burton called the meeting to order.
B. PLEDGE TO THE FLAG
City Attorney Quinn Barrow led the Pledge of Allegiance.
C. ROLL CALL
Councilmember Howorth arrived at 3:06 PM.
D. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
City Clerk Liza Tamura confirmed that the meeting was properly posted.
E. PUBLIC COMMENTS
Viet Ngo spoke regarding alleged violations of the Brown Act, requested confirmation
of the case number for Armato’s case and suggested that the City Council come out
of closed session and vote publicly when making decisions on closed session items.
City Attorney Quinn Barrow explained to Mr. Ngo that a case is reassigned a new
case number when it goes to the Court of Appeal.
F. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION
At 3:03 PM, City Attorney Quinn Barrow read into the record the following Closed
Session Agenda Items below.
City of Manhattan Beach Page 1
City Council Adjourned Regular Meeting Minutes - Final February 8, 2016
Meeting
1. CONFERENCE WITH LEGAL COUNSEL: SEMI-ANNUAL LITIGATION
UPDATE
The City Council finds, based on advice from legal counsel, that
discussion in open session will prejudice the position of the City in the
litigation.
Existing Litigation – Government Code Section 54956.9(d)(1)
a) Name of Case: Armato v. Paunovich and City of Manhattan Beach
California Court of Appeals, Second Appellate District,
Case Number: B267734
b) Name of Case: Cardenas, Sr. v. City of Manhattan Beach
United States District Court, Case Number: 2:15-cv-1469-JPR
c) Name of Case: Hunt v. Southern California Edison
and City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC593982
d) Name of Case: James, Charlsa Tina v. City of Manhattan Beach
United States District Court, Case Number 2:16-cv-00218-CMB (RAOx)
e) Name of Case: Kayter v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC539719
f) Name of Case: McNeely, Dauv and Wendy v. City of Manhattan Beach,
Officer Kelly Benjamin
Los Angeles County Superior Court, Case Number: BC 587639
g) Name of Case: Otobe, Leon v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC578791
h) Name of Case: Schilling v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC540125
i) Name of Case: Sensible Citizens of Manhattan Beach v. City of
Manhattan
Beach, RREEF AMERICA REIT CORP and Sensible Citizens of
Manhattan Beach v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BS152854
j) Name of Case: City of Manhattan Beach v. Swinerton
Los Angeles County Superior Court, Case Number: YC 070562
k)Name of Case: Veltkamp, Julie v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC573998
l) Name of Case: Natural Resources Defense Council, Inc., et al. v. State
Water
Resources Control Board, et al.,
Los Angeles County Superior Court, Case Number: BS156962
Cities of Duarte and Huntington Park v. State Water Resources Control
Board
City of Manhattan Beach Page 2
City Council Adjourned Regular Meeting Minutes - Final February 8, 2016
Meeting
et al., Los Angeles County Superior Court, Case Number: BS156303
City of Gardena v. Regional Water Quality Control Board, et al
Los Angeles County Superior Court, Case Number: BS15634
2. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency Negotiators: City Manager, City Attorney
Unrepresented Employees:
Management / Confidential
G. RECESS INTO CLOSED SESSION
At 3:04 PM, Mayor Burton announced that City Council would recess into Closed
Session.
H. RECONVENE INTO OPEN SESSION
At 5:03 PM, the City Council reconvened into Open Session.
I. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION
City Attorney Quinn Barrow announced that direction was given to staff but no
reportable action was taken.
J. ADJOURNMENT
At 5:04 PM, Mayor Burton adjourned the February 8, 2016, Adjourned Regular
Meeting - CLosed Session to the 6:00 PM, February 16, 2016 Regular City Council
Meeting in City Council Chambers, in said City.
City of Manhattan Beach Page 3
City Council Adjourned Regular Meeting Minutes - Final February 8, 2016
Meeting
_____________________________
Martha Alvarez
Recording Secretary
_____________________________
Mark Burton
Mayor
ATTEST:
_____________________________
Liza Tamura
City Clerk
City of Manhattan Beach Page 4
Agenda
City Council Adjourned Regular Meeting
Closed Session
Monday, February 8, 2016
3:00 PM
City Manager Conference Room, City Hall
1400 Highland Avenue
Manhattan Beach, CA 90266
Mayor Mark Burton
Mayor Pro Tem Tony D’Errico
Councilmember David Lesser
Councilmember Amy Howorth
Councilmember Wayne Powell
Executive Team
Mark Danaj, City Manager
Quinn Barrow, City Attorney
Robert Espinosa, Fire Chief Nadine Nader, Assistant City Manager
Teresia Zadroga-Haase, Human Resources Director Tony Olmos, Public Works Director
Eve R. Irvine, Police Chief Liza Tamura, City Clerk
Mark Leyman, Parks & Recreation Director Marisa Lundstedt, Community
Bruce Moe, Finance Director Development Director
MISSION STATEMENT:
The City of Manhattan Beach is dedicated to providing exemplary municipal
services, preserving our small beach town character and enhancing the quality
of life for our residents, businesses and visitors.
City Council Adjourned Regular Meeting Agenda Final February 8, 2016
A. CALL MEETING TO ORDER
B. PLEDGE TO THE FLAG
C. ROLL CALL
D. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Matthew Cuevas, Management Analyst of the City of Manhattan Beach, California, state under penalty of
perjury that this notice/agenda was posted on Thursday, February 4, 2016, on the City's Website and on the
bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights.
E. PUBLIC COMMENTS
2 MINUTES PER PERSON
F. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION
City of Manhattan Beach Page 2 Printed on 2/4/2016
City Council Adjourned Regular Meeting Agenda Final February 8, 2016
1. CONFERENCE WITH LEGAL COUNSEL: SEMI-ANNUAL LITIGATION UPDATE
The City Council finds, based on advice from legal counsel, that discussion in
open session will prejudice the position of the City in the litigation.
Existing Litigation – Government Code Section 54956.9(d)(1)
a) Name of Case: Armato v. Paunovich and City of Manhattan Beach
California Court of Appeals, Second Appellate District,
Case Number: B267734
b) Name of Case: Cardenas, Sr. v. City of Manhattan Beach
United States District Court, Case Number: 2:15-cv-1469-JPR
c) Name of Case: Hunt v. Southern California Edison
and City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC593982
d) Name of Case: James, Charlsa Tina v. City of Manhattan Beach
United States District Court, Case Number 2:16-cv-00218-CMB (RAOx)
e) Name of Case: Kayter v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC539719
f) Name of Case: McNeely, Dauv and Wendy v. City of Manhattan Beach,
Officer Kelly Benjamin
Los Angeles County Superior Court, Case Number: BC 587639
g) Name of Case: Otobe, Leon v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC578791
h) Name of Case: Schilling v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC540125
i) Name of Case: Sensible Citizens of Manhattan Beach v. City of Manhattan
Beach, RREEF AMERICA REIT CORP and Sensible Citizens of
Manhattan Beach v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BS152854
j) Name of Case: City of Manhattan Beach v. Swinerton
Los Angeles County Superior Court, Case Number: YC 070562
k)Name of Case: Veltkamp, Julie v. City of Manhattan Beach
Los Angeles County Superior Court, Case Number: BC573998
l) Name of Case: Natural Resources Defense Council, Inc., et al. v. State Water
Resources Control Board, et al.,
Los Angeles County Superior Court, Case Number: BS156962
Cities of Duarte and Huntington Park v. State Water Resources Control Board
et al., Los Angeles County Superior Court, Case Number: BS156303
City of Gardena v. Regional Water Quality Control Board, et al
Los Angeles County Superior Court, Case Number: BS15634
City of Manhattan Beach Page 3 Printed on 2/4/2016
City Council Adjourned Regular Meeting Agenda Final February 8, 2016
2. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency Negotiators: City Manager, City Attorney
Unrepresented Employees:
Management / Confidential
G. RECESS INTO CLOSED SESSION
H. RECONVENE INTO OPEN SESSION
I. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION
J. ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA) if you need special
assistance to participate in this meeting, you should contact the office of the
City Clerk at (310) 802-5056 (voice) or (310) 546-3501 (TTD). Notification prior to
the meeting will enable the City to make reasonable arrangements to assure
accessibility to this meeting.
City of Manhattan Beach Page 4 Printed on 2/4/2016
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