City Council Regular Meeting

City Council Regular Meeting Wednesday, March 6, 2013 6:00 PM City Council Chambers Mayor David J. Lesser Mayor Pro Tem Amy Howorth Councilmember Richard P. Montgomery Councilmember Nicholas W. Tell, Jr. Councilmember Wayne Powell Executive Team David N. Carmany, City Manager Quinn Barrow, City Attorney Robert Espinosa, Fire Chief Bruce Moe, Finance Director Cathy Hanson, Human Resources Director Tony Olmos, Public Works Director Eve R. Irvine, Police Chief Liza Tamura, City Clerk Mark Leyman, Parks & Recreation Director Richard Thompson, Community 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 Agenda Final March 6, 2013 BELOW ARE THE AGENDA ITEMS TO BE CONSIDERED. THE RECOMMENDED COUNCIL ACTION IS LISTED IMMEDIATELY AFTER THE TITLE OF EACH ITEM IN BOLD CAPITAL LETTERS. A. PLEDGE TO THE FLAG JP Rivas, Senior, Mira Costa High School led the Pledge of Allegiance. B. ROLL CALL C. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING I, Liza Tamura, City Clerk of the City of Manhattan Beach, California, state under penalty of perjury that this notice/agenda was posted on Friday, March 1, 2013, on the City' s Website and on the bulletin boards of the City Hall and the Library. Date: 3/1/2013 Signature: /s/ Liza Tamura D. CLOSED SESSION ANNOUNCEMENT E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and/or rearrange the order of the agenda. F. CEREMONIAL CALENDAR 1. Recognition of Jean McMillan for Her Outstanding Community Service 13-0115 PRESENT City of Manhattan Beach Page 2 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 G. COMMUNITY ANNOUNCEMENTS (One Minute Per Person) This portion of the meeting is to provide an opportunity for citizens to address the City Council regarding community announcements. The duration for an individual speaking under " Community Announcements" is limited to one minute. A second, extended opportunity to speak is provided under "Audience Participation." While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda. Please complete the "Request to Address the City Council" card by filling out your name, city of residence, and returning it to the City Clerk. Thank you! Don McPherson spoke about the successful municipal election. Don Gould, Manhattan Beach Library Manager, suggested people visit the library’s website for upcoming events . He also spoke about the March 7th Coffee and Classics movie screening, a Spring Art Activity on March 14th, and Jim Gamble’s Marionette Show on March 21st. Viet Ngo spoke about alleged public corruption and alleged election fraud . Robert Busch spoke about the service of our military veterans. Councilmember Powell announced the next Manhattan Beach Community Emergency Response Team (CERT) training class scheduled for March 8th-10th, and encouraged interested parties to visit their website at www.MBCERTA.org. He also announced the next Seniors Teaching Seniors program on Wednesday , March 13th, at Mira Costa High School from 3:00 p.m. to 5:00 p.m. RSVPs are requested and can be made by calling (310) 802-5447 and Dial-A-Ride transportation service is available. Mayor Lesser announced several upcoming public meetings including the first of three upcoming workshops for Veterans Parkway Landscape Planning on Monday, March 11th, at 6:00 p.m. in the Police/Fire Conference Room, the Library Commission meeting on Monday, March 11th, at 6:30 p.m. in the Council Chambers, and the Ad Hoc Open Government Subcommittee meeting on Tuesday, March 12th, at 6:30 p.m. in the Council Chambers. City of Manhattan Beach Page 3 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 H. AUDIENCE PARTICIPATION (Three Minutes Per Person) Speakers may comment on any item of interest to the public that is within the subject matter jurisdiction of the legislative body, including items on the agenda. The Mayor may determine whether an item is within the subject matter jurisdiction of the City. While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda. Please complete the “Request to Address the City Council” card by filling out your name, city of residence, and returning it to the City Clerk. Thank you! Nate Hubbard spoke about the Shade Hotel Conditional Use Permit. Don McPherson spoke about the Shade Hotel Conditional Use Permit. Peter Goodwin spoke about audience participation, voting, and the PPIC appeal regarding removal of a public parking space adjacent to 217 4th Place. Robert Busch spoke about utility undergrounding. Kathy McCune from Metro spoke about the new Metro ExpressLanes on the I-10 and I- 110 freeways. Bill Fahey spoke about the benefits of the proposed Marine Avenue Park Synthetic Turf Installation Project . Viet Ngo spoke about alleged public corruption and alleged election fraud . I. CONSENT CALENDAR NOTICE TO THE PUBLIC - The “Consent Calendar” adopting the printed Recommended City Council Action will be enacted with one vote. The Mayor will ask the City Councilmembers, the public, and the staff if there is anyone who wishes to remove any item from the “Consent Calendar” for discussion and consideration. The matters removed from the “Consent Calendar” will be considered individually at the end of this Agenda under “Items Removed from the Consent Calendar.” At that time, any member of the audience may comment on any item pulled from the “Consent Calendar.” The entire “Consent Calendar,” with the exception of items removed to be discussed under “Items Removed from the Consent Calendar,” is then voted upon by roll call under one motion. 2. Audited Financial Statements and Management Report of the South Bay 13-0066 Regional Public Communications Authority for the Year Ended June 30, 2012. RECEIVE AND FILE Attachments: Attachment 1 - SBRPCA Annual Financial Report Attachment 2 - SBRPCA Management Report 3. Planning Commission Approval of a Use Permit for an Eating and 13-0094 Drinking Establishment / Restaurant (Leafy Greens) at 308 Manhattan Beach Boulevard. RECEIVE AND FILE Attachments: Attachment 1 - Planning Commission Resolution PC 13-01 Attachment 2 - Planning Commission Staff Report and Attachments of February 13, 2013 Attachment 3 - Planning Commission Minutes of February 13, 2013 Attachment 4 - Applicant's Presentation City of Manhattan Beach Page 4 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 4. Award of Construction Contract to Ramona, Inc. ($307,830) for the 13-0111 FY2012-2013 Gravity Sewer Main Rehabilitation Project Including Sewer Spot Repairs at 34 locations in Areas 1, 2, and 3 (bounded by Manhattan Beach Boulevard, Ardmore Avenue, Aviation Boulevard and the Southerly City Limit) and Sewer Main Replacement in 11th Place from Ardmore Avenue to Highview Avenue; and Approve an Agreement with Willdan Engineering ($105,888) for Construction Inspection Services. APPROVE Attachments: Attachment 1 - Funding, Anticipated Expenditures, Bids Attachment 2 - Project Map FY2012-2013 Gravity Sewer Main Rehabilitation Project Attachment 3 - Construction Contract with Ramona Inc. Attachment 4 - Professional Engineering Services Agreement with Willdan Engineering 5. Plans and Specifications for the Section 1 (Manhattan Beach Boulevard 13-0107 to Boundary Place, Ardmore Avenue to Sepulveda Boulevard) Concrete Repair Project. APPROVE Attachments: Attachment 1 - Plans and Specifications for Section 1 Concrete Repair Project Attachment 2 - Area Map Section 1 Concrete Repair Project.pdf PSA Wallace Associates Section 1 Sidewalk 2013 V2.docx 6. Award of Construction Contract to T.E. Roberts, Inc. ($982,785) for the 13-0108 2011-2012 Water Main Replacement Project, Phase 2 (Area 7 - south Sand Section; including Highland Ave, 7th Street, 6th Street and Morningside Drive). APPROVE Attachments: Attachment 1 - Tables 1, 2 and 3 Appropriations, Expenditures and Project Locations.docx Attachment 2 - 2011-12 WaterMain Phase 1-map Attachment 3 - 2011-12 WaterMain Phase 2-map Attachment 4 - Bid Results Attachment 5 - Construction Contract TE Roberts.pdf 7. Update of Strategic Plan Goals and Objectives. 13-0113 RECEIVE AND FILE Attachments: Attachment 1 - Strategic Plan Monitoring Matrix of 03/06/2013 Attachment 2 - Review of the Previous 6-mo Strategic Plan Objectives City of Manhattan Beach Page 5 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 8. Financial Reports: 13-0095 a) Ratification of Demands: February 12, 2013. RATIFY b) Payroll Register: February 14, 2013. RATIFY c) Investment Portfolio for the Month Ending January 31, 2013. RECEIVE AND FILE d) Financial Reports for the Month Ending January 31, 2013. RECEIVE AND FILE Attachments: Attachment 1 - Warrant Register for February 12, 2013 Attachment 2 - Payroll Register for February 14, 2013 Attachment 3 - Investment Portfolio for the Month Ending January 31, 2013 Attachment 4 - Financial Reports for the Month Ending January 31, 2013 9. Minutes 13-0096 This item contains minutes of City Council meetings which are presented for approval and minutes from City Council subcommittees and from other City commissions and committees which are presented to be received and filed by the City Council. Staff recommends that the City Council, by motion, take action to approve the minutes of the: a) City Council Regular Meeting of February 19, 2013. APPROVE b) Cultural Arts Commission Meeting of November 13, 2012. REVEIVE AND FILE c) Cultural Arts Commission Meeting of November 13, 2012. REVEIVE AND FILE d) Planning Commission Meeting of February 27, 2013. REVEIVE AND FILE Attachments: Attachment 1 - City Council Meeting of February 19, 2013 Attachment 2 - Cultural Arts Commission Meeting of November 13, 2012 Attachment 3 - Cultural Arts Commission Meeting of November 14, 2012 Attachment 4 - Planning Commission Meeting of February 27, 2013 J. PUBLIC HEARINGS City of Manhattan Beach Page 6 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 10. Appeal of Planning Commission’s Decision of a Height Determination for 13-0099 a Coastal Permit (CA 12-25) for a New Single Family Residence at 301/303 25th Street CONDUCT PUBLIC HEARING, DISCUSS AND PROVIDE DIRECTION Attachments: Attachment 1 - Planning Commission Documents from February 13, 2013 Attachment 2 - Appellant’s Appeal dated February 20, 2013 Attachment 3 - Property Owner’s Documentation February 26, 2013 Attachment 4 - Letters of support and petitions Attachment 5 - Building Plans 11. Appeal of the Parking and Public Improvements Commission Decision to 13-0069 Deny the Request to Remove One Public On-Street Parking Space Adjacent to 217 4th Place HOLD PUBLIC HEARING, DISCUSS AND PROVIDE DIRECTION Attachments: Attachment 1 - 2/12/04 Work Order Attachment 2 - 3/31/04 Work Order Attachment 3 - PPIC Staff Report for 217 4th Pl Appeal including Exhibits A-C Attachment 4 - Draft Minutes Excerpt for 12/6/12 PPIC Meeting Attachment 5 - Additional Information Provided by Appellant on 12/6/12 - 15 pages Attachment 6 - Aerial Map Attachment 7 - Existing Conditions Aerial Attachment 8 - Petition to Remove and/or Relocate Space Attachment 9 - Mailed Public Hearing Notice K. GENERAL BUSINESS 12. Memoranda of Understanding with the Manhattan Beach Police Officers’ RES 13-0017 Association, California Teamsters Local 911, and the Manhattan Beach Firefighters’ Association. APPROVE, ADOPT RESOLUTION NO. 13-0017 Attachments: Attachment 1 - Fiscal Implications Breakdown by Fiscal Year and Category Attachment 2 - MOU with MB Police Officers Association Attachment 3 - MOU with California Teamsters Local 911 Attachment 4 - MOU with MB Firefighters Association Attachment 5 - Resolution No. 13-0017 13. Resolution No. 13-0018 Amending Resolution 6066 to Eliminate the RES 13-0018 reporting of the value of Employer Paid Member Contributions for the Manhattan Beach Police Officers’ Association effective March 9, 2013. APPROVE, ADOPT RESOLUTION NO. 13-0018 Attachments: Attachment 1 - Resolution No. 13-0018 City of Manhattan Beach Page 7 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 14. Resolution No. 13-0019 Amending Resolution 6067 to Eliminate the RES 13-0019 reporting of the value of Employer Paid Member Contributions for the California Teamsters Local 911 effective March 9, 2013. ADOPT RESOLUTION NO. 13-0019 Attachments: Attachment 1 - Resolution No. 13-0019 15. Resolution No. 13-0020 Amending Resolution 6065 to Eliminate the RES 13-0020 reporting of the value of Employer Paid Member Contributions for the Manhattan Beach Firefighters’ Association effective March 23, 2013. ADOPT RESOLUTION NO. 13-0020 Attachments: Attachment 1 - Resolution No. 13-0020 16. Resolution No. 13-0021 Allowing Employee Paid Member Pension RES 13-0021 Contributions to be Processed on a Pre-Tax Basis in Accordance with Internal Revenue Code Section 414(h)(2) ADOPT RESOLUTION NO. 13-0021 Attachments: Attachment 1 - Resolution No. 13-0021 17. Plans and Specifications for the Marine Avenue Park Synthetic Turf 13-0015 Installation Project and Appropriation of $1,353,000 from the Unappropriated General Fund CIP Fund Balance APPROVE, APPROPRIATE Attachments: Attachment 1 - Memorandum of Understanding with the American Youth Soccer Organization Attachment 2 - Project cost estimate Attachment 3 - Manhattan Beach Sand and Surf letter of field usage Attachment 4 - Vistamar letter of field usage L. ITEMS REMOVED FROM THE CONSENT CALENDAR Prior to the Council’s consideration of each item removed from the consent calendar , speakers may comment on any or all of those items for up to three minutes per item. M. CITY MANAGER REPORT(S) N. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS 18. City-School Cooperative Agreement Update. 13-0118 RECEIVE AND FILE Attachments: Attachment 1 - Draft MBUSD Master Use Agreement O. ADJOURNMENT P. FUTURE MEETINGS City of Manhattan Beach Page 8 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 CITY COUNCIL MEETINGS Mar. 12, 2013 – Tuesday – 6:30 PM – Ad Hoc Open Government Subcommittee Meeting Mar. 19, 2013 – Tuesday – 6:00 PM – City Council Meeting Mar. 21, 2013 – Thursday – 8:30 AM – City Council Teambuilding Meeting Apr. 2, 2013 – Tuesday – 6:00 PM – City Council Meeting Apr. 16, 2013 – Tuesday – 6:00 PM – City Council Meeting Apr. 23, 2013 - Tuesday - X:00 - Board & Commission Interviews Apr. 30, 2013 - Tuesday - X:00 - City Council Study Session May. 7, 2013 – Tuesday – 6:00 PM – City Council Meeting May. 9, 2013 – Thursday – 6:00 PM – City Council Budget Study Session #1 ( Tentative) May. 14, 2013 – Tuesday – 6:00 PM – City Council Budget Study Session #2 (Tentative) May. 16, 2013 – Thursday – 6:00 PM – City Council Budget Study Session #3 ( Tentative) May. 21, 2013 – Tuesday – 6:00 PM – City Council Meeting Jun. 4, 2013 – Tuesday – 6:00 PM – City Council Meeting Jun. 18, 2013 – Tuesday – 6:00 PM – City Council Meeting Jul. 2, 2013 – Tuesday – 6:00 PM – City Council Meeting Jul. 10, 2013 – Wednesday – 8:30 AM – City Council Strategic Plan Meeting Jul. 16, 2013 – Tuesday – 6:00 PM – City Council Meeting Aug. 6, 2013 – Tuesday – 6:00 PM – City Council Meeting Aug. 20, 2013 – Tuesday – 6:00 PM – City Council Meeting BOARDS, COMMISSIONS AND COMMITTEE MEETINGS Mar. 11, 2013 – Monday – 6:30 PM – Library Commission Mar. 12, 2013 – Tuesday – 6:00 PM – Cultural Arts Commission Mar. 13, 2013 – Wednesday – 6:30 PM – Planning Commission Mar. 25, 2013 – Monday – 6:30 PM – Parks & Recreation Commission Mar. 27, 2013 – Wednesday – 6:30 PM – Planning Commission Mar. 28, 2013 – Thursday – 6:30 PM – Parking & Public Improvements Commission Apr. 3, 2013 – Wednesday – 6:00 PM – North Manhattan Beach Business Improvement District Apr. 8, 2013 – Monday – 6:30 PM – Library Commission Apr. 9, 2013 – Tuesday – 6:00 PM – Cultural Arts Commission Apr. 10, 2013 – Wednesday – 6:30 PM – Planning Commission Apr. 22, 2013 – Monday – 6:30 PM – Parks & Recreation Commission Apr. 24, 2013 – Wednesday – 6:30 PM – Planning Commission Apr. 25, 2013 – Thursday – 6:30 PM – Parking & Public Improvements Commission May. 1, 2013 – Wednesday – 6:00 PM – North Manhattan Beach Business Improvement District May. 8, 2013 – Wednesday - 6:30 PM - Planning Commission May. 13, 2013 – Monday - 6:30 PM – Library Commission May. 14, 2013 – Tuesday - 6:00 PM - Cultural Arts Commission May. 22, 2013 – Wednesday - 6:30 PM - Planning Commission May. 23, 2013 – Thursday - 6:30 PM - Parking & Public Improvements Commission Jun. 5, 2013 – Wednesday – 6:00 PM – North Manhattan Beach Business Improvement District Jun. 10, 2013 – Monday- 6:30 PM - Library Commission Jun. 11, 2013 – Tuesday - 6:00 PM - Cultural Arts Commission Jun. 12, 2013 – Wednesday- 6:30 PM - Planning Commission Jun. 24, 2013 – Monday - 6:30 PM - Parks & Recreation Commission Jun. 26, 2013 – Wednesday - 6:30 PM - Planning Commission Jun. 27, 2013 – Thursday - 6:30 PM - Parking & Public Improvements Commission City of Manhattan Beach Page 9 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 Q. CITY HOLIDAYS CITY OFFICES CLOSED ON THE FOLLOWING DAYS: May. 27, 2013 – Monday – Memorial Day Jul. 4, 2013 – Thursday – Independence Day Sep. 2, 2013 – Monday – Labor Day Oct. 14, 2013 – Monday – Columbus Day Nov. 11, 2013 – Monday – Veterans Day Nov. 28-29, 2013 – Thursday & Friday – Thanksgiving Holiday Dec. 25, 2013 – Wednesday – Christmas Day Jan. 1, 2014 – Wednesday – New Years Day Jan. 20, 2014 – Monday – Martin Luther King Day Feb. 17, 2014 – Monday – President's Day May. 26, 2014 – Monday – Memorial Day City of Manhattan Beach Page 10 Printed on 10/21/2013 City Council Agenda Final March 6, 2013 CITY OF MANHATTAN BEACH CLOSED SESSION AGENDA TUESDAY, MARCH 6, 2013 - 4:30 P.M. CITY COUNCIL CHAMBERS 1400 HIGHLAND AVENUE MANHATTAN BEACH, CA 90266 A. CALL MEETING TO ORDER B. ROLL CALL C. PUBLIC COMMENT ON CLOSED SESSION AGENDA D. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION) (Government Code Section 54956.9) Sanders v. City of Manhattan Beach, Los Angeles Superior Court Case Number YC067811 E. RECESS INTO CLOSED SESSION F. RECONVENE INTO OPEN SESSION G. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION H. ADJOURNMENT City of Manhattan Beach Page 11 Printed on 10/21/2013