City Council Regular Meeting

City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Meeting Minutes - Final Tuesday, June 18, 2013 6:00 PM Regular Meeting City Council Chambers City Council Mayor David J. Lesser Mayor Pro Tem Amy Howorth Councilmember Wayne Powell Councilmember Mark Burton Councilmember Tony D'Errico City Council Meeting Minutes - Final June 18, 2013 MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU! 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 (5 MINUTES) Police Chief Eve Irvine led the Pledge of Allegiance. B. ROLL CALL (1 MINUTE) Present: 5- Mayor Lesser, Mayor Pro Tem Howorth, Councilmember Powell, City Councilmember Burton and Councilmember D'Errico C. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING (1 MINUTE) City Clerk Tamura confirmed the meeting was properly posted . D. CLOSED SESSION ANNOUNCEMENT (1 MINUTE) City Attorney Barrow reported that the City Council met in Closed Session pursuant to Government Code Section 54957 to discuss the personnel evaluation of the City Manager. The discussion was noted and no further action was taken. E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES (5 MINUTES) Mayor Lesser suggested that at 10:30 p.m. this evening the City Council should review the remaining items to be considered on the agenda, and potentially continue them to the next regularly scheduled meeting. A motion was made by Councilmember Burton, seconded by Councilmember D’Errico, to continue items 20 and 21 on tonight’s agenda to the meeting of July 2, 2013 where they will be considered together after Item I (City Manager’s Reports). The motion carried by the following vote: Aye: 4- Howorth, Powell, Burton and D'Errico Nay: 1- Lesser City of Manhattan Beach Page 1 City Council Meeting Minutes - Final June 18, 2013 The motion made by Councilmember Burton to advance items 16 and 17 on tonight’s agenda, in light of the importance of audience participation in the budget process, was withdrawn by the maker of the motion. The motion made by Councilmember Burton to strike the phrase “including items on the agenda” from Item H on tonight’s agenda was withdrawn by the maker of the motion, as it was confirmed by City Council acclimation that this issue will be considered on July 2, 2013 during the discussion on “meeting management.” City Attorney Barrow also noted that the change will likely require adoption of an amended resolution. City Attorney Barrow noted that items 18 and 19 on tonight’s agenda will be considered under one (1) public hearing. A motion was made by Councilmember Burton, seconded by Councilmember D’Errico, to approve the agenda, as amended, and waive full reading of ordinances. The motion carried by the following vote: Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico F. CEREMONIAL CALENDAR 1. Recognition of Manhattan Beach Fire Captain/Paramedic Dave 13-0315 Shenbaum as a Recipient of the 2012 Medal of Valor. PRESENT Mayor Lessor, along with Fire Chief Bob Espinoza, recognized the extraordinary efforts of Captain Dave Shenbaum, which warranted the presentation of the Medal of Valor. This Ceremonial Item was presented 2. Presentation of a Commendation to Soroptimist International in Honor 13-0312 of their 60th Anniversary. PRESENT Mayor Lessor recognized the community work of Soroptimist International and invited President Kristin Rohan to accept the commendation. Ms. Rohan invited the public to participate in Soroptomists and provided the website address: www.simanhattanbeach.org. This Ceremonial Item was presented City of Manhattan Beach Page 2 City Council Meeting Minutes - Final June 18, 2013 3. Certificate of Recognition to Chris Claycomb for his Offer of 13-0329 Appointment to the United States Naval Academy and Certificate of Recognition to Jack Hadley for being Accepted for Admission to the United States Military Academy at West Point. PRESENT Mayor Lesser invited Mayor Pro Tem Howorth to make the presentations . She introduced both Jack Hadley and Chris Claycomb to the presentation area, acknowledged their accomplishments and congratulated them on their choice to serve their country in the United States Armed Forces. Ms. Cynthia Strand, Blue and Gold Officer for the Naval Academy, spoke regarding the qualifications required to be recommended for appointment to the United States Military Academies . Ms. Strand presented Chris Claycomb with his appointment to the Academy . Both Jack Hadley and Chris Claycomb made comments regarding their appointments. This Ceremonial Item was presented G. COMMUNITY ANNOUNCEMENTS (One Minute Per Person) Erika Graves representing the Blue Zones Project acknowledged two businesses, Sketchers and Le Pain Quotidien, for their community efforts. Ms. Graves mentioned two upcoming events hosted by Blue Zones, which can be reviewed at www.bluezonesproject.com. Viet Ngo commented on alleged public corruption by public officials and that this information had been referred to the District Attorney . Councilmember Powell commended Mira Costa Honor Students and announced the Monthly Dine and Discover Program for seniors hosted by the City. Mayor Pro Tem Howorth noted that $250,000 was awarded to Mira Costa Honor Students by various community organizations. Mayor Lessor announced the upcoming Tuesday, July 9, 2013, 6:30 p.m. public input meeting regarding the City’s Strategic Plan in the Police/Fire Community Room. City of Manhattan Beach Page 3 City Council Meeting Minutes - Final June 18, 2013 H. AUDIENCE PARTICIPATION (Three Minutes Per Person) Nate Hubbard, representing residents regarding the 2009 noise dispute with the Shade Hotel. He noted the history of the dispute and the 2010 Conditional Use Permit which was adopted by unanimous vote by the City Council. He continues to seek relief from the noise impacts emanating from the terrace of the hotel. Don McPherson spoke regarding noise concerns and closure of the terrace at the Shade Hotel. He submitted a document for the record. He requested that the City comply with the 2010 Conditional Use Permit requirements, offered suggestions for sound absorbers on the terrace, and schedule a General Business item so this matter may be deliberated publicly. Mark Abramson expressed concerns regarding a project approved by the City Council at 301 25th Street. He asserted that the project had been substantially modified after approval and could potentially be in violation of the Coastal Act . Stephanie Robins expressed concerns with parking and drop-offs near 18th Street and Herrin. She requested reconsideration of this item and read into the record a statement she made at a recent PPIC meeting. She further expressed her concerns with traffic impacts, personal liability for accidents and the misuse of private property by those creating violations. Scott Gobble, representing Southern California Edison, updated the community on upcoming Edison projects, notifications sent to the public regarding planned outages, how the public may report “outed” street lights, and the upcoming replacement of the Duncan substation. Terence Lem expressed concerns with traffic and parking situation at 18th Street and Herrin. He suggested that signs are not enough of a control measure and that signage should be used in conjunction with enforcement to mitigate traffic impacts in this area. Peter Goodwin spoke regarding the removal of a parking space at 217 4th Place. He understood that this matter was final and completed and inquired as to the method and manner by which a Councilmember could cause the item to be revisited. He noted that he followed all processes and procedures required by the City. Peter DeMaria, Cultural Arts Commissioner, spoke regarding his time of service on the Commission and requested that the City Council invite the Commissioners to participate in upcoming meetings. Robert Bush expressed his concerns and discontent with the current Federal Administration and made allegations regarding perjury, obstruction of justice, and the lack of management by the President. Viet Ngo expressed his concerns regarding noise violations at the Shade Hotel and asserted his right to forward allegations of public corruption and misuse of public funds to various enforcement agencies. Mayor Lesser reminded public speakers that certain behaviors and actions are grounds for ejection from the City Council meeting. Viet Ngo asserted that the City Council cannot prohibit free speech and alleged that there was clear evidence of criminal conduct during the most recent municipal City of Manhattan Beach Page 4 City Council Meeting Minutes - Final June 18, 2013 election. Faith Lyons thanked the City Council for the recent work done at Sand Dune Park , noting the sand colored posts. Esther Besbris expressed her concerns regarding the finality of recent decisions made concerning the Shade Hotel and they should not be revisited. Craig Cadwallader, representing the Surfrider Foundation, expressed support to complete “bag ban” as intended and requested a permit to conduct a “beach clean up” in Manhattan Beach. Gerry O’Connor requested an explanation regarding the cause for cancelling the June 4, 2013 City Council meeting. He inquired as to the measures to ensure this error would not occur again. Jacque May expressed concerns regarding public speakers making allegations regarding criminal activities without substantiation. She noted these allegations are disruptive to the people who are being falsely accused. Bill Victor expressed concerns regarding impacts of the Shade Hotel on the adjacent neighbors and neighborhood. He further suggested that the City revisit the operating hours of “The Oasis.” City Manager Carmany responded to various inquiries from the Mayor regarding comments made by public speakers as follows: 1) The City is in direct communication with the owners of the Shade Hotel regarding compliance with the 2010 Conditional Use Permit and a report will return to the City Council in a future City Manager’s Report, 2) He will follow up regarding the matter brought up by speaker Mark Abramson, 3) He will follow up with the City traffic engineers regarding traffic impacts at 18th Street and Herron, and 4) He will place on a future agenda a discussion regarding Edison and power outages, at which representatives of Edison will be present to answer any inquiries. City Attorney Barrow noted that a report will return to City Council at an upcoming meeting regarding parking in the area mentioned by public speaker, Mr. Goodwin. Mayor Lesser noted that the Mayor has discretion over determining whether items mentioned during audience participation are within the subject matter jurisdiction of the City Council. He noted that he will be imposing this rule more sternly in the future. City of Manhattan Beach Page 5 City Council Meeting Minutes - Final June 18, 2013 I. CITY MANAGER REPORT(S) (5 MINUTES) City Manager Carmany made the following reports: 1) Apologized and offered an explanation as to how the error to properly post the June 4, 2013 City Council meeting agenda occurred, 2) The “make-up” meeting for the canceled meeting will be held on June 25, 2013, 3) Sixty-nine (69) applications for the Public Works Director position had been received by the deadline and interviews were tentatively scheduled for June 27, 2013, 4) Noted the recent power outages that occurred on June 1st and their impacts on the City, 5) Stated that there would be free parking on the upper and lower levels of the parking structure during City Council meetings and that signage had been adjusted, 6) The City was awarded a Cooperative Agreement with the State Department of Alcohol Beverage Control with the Cities of El Segundo and Hermosa Beach in the amount of $43,267, 7) Reported on the upgrades at Sand Dune Park, 8) Noted the upcoming Mobility Plan stakeholder meetings for various interest groups, and 9) Noted the upcoming Strategic Plan public meeting and invited the public to provide input. Councilmember D’Errico suggested remedial fixes for the posting of the City Council agendas. Mayor Pro Tem Howorth expressed her desire to properly outreach to various stakeholder groups regarding upcoming Mobility Plan meetings. In response to an inquiry from Councilmember Powell, City Manager Carmany noted the additional City Council packets, formerly placed in the Library, are now placed in the Police Department lobby. J. CONSENT CALENDAR (5 MINUTES) Councilmember Burton requested that Items 13, 14, and 15 be pulled from the Consent Calendar for separate consideration. Mayor Lessor requested that Item 4 be pulled from the Consent Calendar for separate consideration. Bill Victor requested Item 6 be pulled from the Consent Calendar for separate consideration. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Burton, to approve Consent Calendar Items 5, 7, 8, 9, 10, 11, and 12. The motion carried by the following vote: Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico 5. Planning Commission Approval of a Coastal Development Permit and 13-0292 Minor Exception for an Addition and Remodel to an Existing Duplex at 2808 The Strand. RECEIVE AND FILE The recommendation for this item was approved on the Consent Calendar. City of Manhattan Beach Page 6 City Council Meeting Minutes - Final June 18, 2013 7. Grant Funded Purchase of Law Enforcement Equipment and 13-0302 Technology in an Amount Not-to-Exceed $50,000. APPROVE, APPROPRIATE The recommendation for this item was approved on the Consent Calendar. 8. Ratification of budgeted Motor Fuel Purchase from Merrimac Energy 13-0307 Group in the Amount of $28,193.35. APPROVE The recommendation for this item was approved on the Consent Calendar. 9. Progress Payment No. 1 in the Net Amount of $72,397.60 to Ramona, 13-0321 Inc. for the 2012-2013 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 APPROVE The recommendation for this item was approved on the Consent Calendar. 10. Award of Construction Contract to Clarke Construction Corporation in 13-0266 the Amount of $63,892 for the budgeted Fiscal Year 2012-2013 Sewer Lift Station Bypass Valve Replacement Project. APPROVE The recommendation for this item was approved on the Consent Calendar. 11. Award a Construction Contract to Control Maintenance and Repair, 13-0267 Inc. in the Amount of $32,865 for the budgeted Fiscal Year 2012-2013 Block 35 Variable Frequency Drive Booster Pump Replacement Project. APPROVE The recommendation for this item was approved on the Consent Calendar. 12. Agreement with the County of Los Angeles to Provide Controlled 13-0310 Substances Supplies for Paramedic Field Treatment . APPROVE The recommendation for this item was approved on the Consent Calendar. K. PUBLIC HEARINGS (30 MINUTES PER ITEM) City of Manhattan Beach Page 7 City Council Meeting Minutes - Final June 18, 2013 16. Public Hearing and Adoption of Fiscal Year 2013-2014 Operating RES 13-0037 Budget: Appropriation (Gann) Limit ADOPT RESOLUTION NO. 13-0037 AS PART OF THE OPERATING BUDGET A staff report was presented by City Manager Dave Carmany and Finance Director Bruce Moe. A PowerPoint Presentation was displayed. The Mayor opened the public hearing and public comments. Bill Victor requested coffee for the public during the City Council meetings . Viet Ngo expressed concerns regarding alleged public corruption and made reference to the City Treasurer. The Mayor closed the public hearing and public comments. A motion was made by Councilmember Powell, seconded by Mayor Pro Tem Howorth, to adopt Resolution No. 13-0037 establishing the appropriation limit for Fiscal Year 2013-2014 as part of the Operating Budget. The motion carried by the following vote: Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico Council recessed for five minutes. City of Manhattan Beach Page 8 City Council Meeting Minutes - Final June 18, 2013 17. Public Hearing and Adoption of Fiscal Year 2013-2014 Operating RES 13-0038 Budget CONDUCT PUBLIC HEARING, ADOPT RESOLUTION NO. 13-0038 A staff report was presented by City Manager Carmany. In response to an inquiry from Councilmember Burton, Finance Director Moe distinguished between the Comprehensive Annual Financial Report (CAFR), Capital Improvement Plan (CIP) and the operating budget. City Manager Carmany advocated for discussing the CIP separate from the operating budget , as it requires separate attention in regard to capital matters. City Manager Carmany referred to the signed and executed agreement with three (3) of the City’s recognized employee organizations (Police, Fire, and Teamsters) and stated the remaining employee organization negotiations which will be coming before the City Council in an upcoming Closed Session meeting. He reported that the City Council would receive a report in Closed Session regarding a compensation study. Finance Director Moe expressed that the City Council plan to address upcoming stormwater and streetlighting assessments, as in upcoming years, the costs for maintaining these funds will erode the “economic uncertainty” fund. Councilmember Powell and Mayor Pro Tem Howorth requested that all supporting documents in regard to the Budget Study Sessions, along with the PowerPoint Presentation be included on the website for reference by the public. City Council and staff discussed the impacts of the proposed ten (10) additional positions in regard to costs, retirement and medical rates and their impact on the City budget, sequencing of hiring and the priority of filling public safety positions. The Mayor opened the public hearing and public comments. Robert Bush expressed concerns regarding the proposed ten (10) new positions, the delay for public documents to be released to the public, and how the City was to fund these positions in future years. He thanked Finance Director Moe for his diligence in preserving the City’s AAA rating. Bill Victor stated he would like coffee service for the public at the City Council meetings, requesting revisiting the hours for “The Oasis, ” his opposition to giving money to the Chamber of Commerce, and inquired as to the status of hiring a consultant firm to provide graffiti services rather than hiring from within the City ranks. Will Arvizo expressed his concerns regarding the failure of PERS to fund benefits and their current deficit. He inquired as to where the contingency funding appeared in the budget. Gerry O’Connor expressed his concerns with recent compensation terms and the proposal regarding ten (10) new positions. He stated his desire for the City to develop new revenue sources to properly fund Capital Improvement projects in the future, especially in light of the additional compensation given to employees. He inquired as to what service cuts will need to be made if the City does not fund the ten (10) new positions. The Mayor closed public comments and the public hearing. City of Manhattan Beach Page 9 City Council Meeting Minutes - Final June 18, 2013 In response to City Council inquiries regarding PERS funding in upcoming years, Finance Director Moe stated that the rates provided by PERS are sufficient for the entire fiscal year and that proper advance notice is given in order to properly plan for contingencies. City Manager Carmany affirmed that the ten (10) requested positions are justifiable based upon current service demands. Interim Public Works Director Mastrosimone provided detail on the fleet and equipment replacement program, noting that the Division coordinates all acquisitions and maintenance of the fleet and equipment, manages the Council-advocated green program for alternative fuels, determines useful life for the fleet and equipment and their condition and residual value. Councilmember Burton expressed his concerns regarding bifurcating the Capital Improvement Plan and the operating budget discussions, “unfunded” pension liabilities and other “unfunded” capital projects which the City will have to address in the near future. He further expressed his desire to see the operating budget as a “savings plan” in order to address the future budget impacts regarding capital improvements. Mayor Pro Tem Howorth noted her support for the bifurcation of the Capital Improvement Plan and the Operating Budget discussions. Councilmember D’Errico requested to have access, as appropriate, to sales tax revenues and expressed his concerns regarding the impacts of major retail services including Fry’s and the Apple store. Councilmember Powell expressed support for the budget as proposed, also noting that the Council will need to address the water and sewer systems, slurry sealing, and filling critical public safety positions. Mayor Lesser expressed support for the budget as presented, mentioning the recent joint use agreement with the School District, the Council-directed bifurcation of the CIP from the operating budget, and noted that the budget includes replenishing the City’s fleet and addressing technology upgrades . Councilmember Burton suggested an alternative to the proposed budget, noting that the Strategic Plan meeting, facility assessment study and Capital Improvement Plan had not yet been completed. He suggested that the City adopt an interim budget by “backing out” any supplemental costs now, and then have the budget return in September with an new proposed operating budget so that the CIP, facility assessments, and other studies can be completed and included in the discussion. City Manager Carmany expressed doubts regarding the suggested alternative budget plan by Councilmember Burton, noting that the budget reflects adequate planning for the capital needs of the City and that the City is moving in the right direction of meeting its overall operating needs. Councilmember Powell expressed his support for the budget as proposed, noting that it recommends no tax increases. He further stated that the City Council will have an opportunity to again review the budget at mid-year. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Powell, to approve adopt RESOLUTION NO. 13-0038, adopting the budget as presented. The motion carried by the following vote: City of Manhattan Beach Page 10 City Council Meeting Minutes - Final June 18, 2013 Aye: 3- Lesser, Howorth and Powell Nay: 2- Burton and D'Errico Mayor Pro Tem Howorth stated that the Strategic Plan meeting would be the appropriate forum in which to signal to staff the City Council’s budget priorities . 18. Zoning Code Amendments to Implement the Newly Adopted and ORD 13-0006 Certified Housing Element Update (2008-2014) CONDUCT PUBLIC HEARING, INTRODUCE ORDINANCE NO. 13-0006 City of Manhattan Beach Page 11 City Council Meeting Minutes - Final June 18, 2013 19. Second Reading and Adoption of Local Coastal Program Amendments ORD 13-0012 to Implement the Newly Adopted and Certified Housing Element Update (2008-2014) ADOPT ORDINANCE NO. 13-0012 City Attorney Barrow noted that pursuant to City Council action , Items 18 and 19 would be heard concurrently. John Douglas, Housing Element consultant, provided a staff report and displayed a PowerPoint Presentation. He discussed requirements of state law, permit processes for multi-family developments, offstreet parking requirements, density bonuses, state mandates, code amendments for emergency shelters and various other aspects of the proposed Housing Element Update. Considerable discussion occurred between staff, the consultant and the City Council in regarding to challenging Regional Housing Needs Assessment (RHNA) numbers, the small town nature of Manhattan Beach, keeping consistent with the City’s current General Plan, Mansionization policies, and the potential for additional senior housing, as well as other aspects of the City’s proposed Housing Element Update . The Mayor opened the public hearing and public comments for Items 18 and 19. Gerry O’Connor expressed his objection to this item and noted that it is a plan which will never be executed. He stated that it conflicts with the City’s General Plan. Bill Victor objected to proposing a Housing Element that is “meaningless” and that is not consistent with a “small town” atmosphere. He inquired as to the requirement regarding emergency shelters. In response to an inquiry from Mayor Lesser regarding other municipalities success in Housing Element challenges with the State, the consultant noted the cities which had initiated litigation and why they were not successful, particularly noting that the state methodology does not currently take into account “built-out” communities. The consultant reported that the emergency shelter requirement related to permanent, year-round shelters for the homeless. He further noted there was no specific mandate for low-income housing in particular areas, although state law mandates certain densities to facilitate low-cost housing targeting extremely low-income and disabled individuals. City Attorney Barrow stated that he had reviewed both proposed Ordinances and approved them as to form. The Mayor closed public comments and public hearing. A motion was made by Councilmember Powell; seconded by Councilmember Burton, to approve Item 18, introducing Ordinance No. 13-0006. The motion carried by the following vote: Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico City of Manhattan Beach Page 12 City Council Meeting Minutes - Final June 18, 2013 A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Burton, to approve Item 19, introducing Ordinance No. 13-0012. The motion carried by the following vote: Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico Moved items 20 and 21 to July 2, 2013. City of Manhattan Beach Page 13 City Council Meeting Minutes - Final June 18, 2013 L. GENERAL BUSINESS (30 MINUTES PER ITEM) 20. Report from the Ad Hoc Open Government Subcommittee Seeking 13-0319 City Council Direction on Remaining Open Government Initiatives; Authorization for the City Manager to Adopt the Public Records Act Protocol; and Direction on Future Open Governmental Initiatives (Continued from the May 12, 2013 City Council meeting). DISCUSS, AUTHORIZE ADOPTION, AND PROVIDE DIRECTION Pursuant to earlier City Council action, this item was continued to the meeting of July 2, 2013. 21. Legislative Policies 13-0300 CONSIDER, DISCUSS AND PROVIDE DIRECTION Pursuant to earlier City Council action, this item was continued to the meeting of July 2, 2013. 22. Report Regarding Potential Resource Sharing Efficiencies and Cost 13-0313 Saving Opportunities for the Manhattan Beach Fire Department RECEIVE AND FILE Pursuant to City Council action, this item was continued to the meeting of June 25, 2013. M. ITEMS REMOVED FROM THE CONSENT CALENDAR (15 MINUTES PER ITEM) City of Manhattan Beach Page 14 City Council Meeting Minutes - Final June 18, 2013 4. Architectural Bench Design Proposal for the Strand Alcove Bench 13-0101 Program APPROVE This item was pulled from the Consent Calendar for separate consideration by Mayor Lesser. A staff report was given by Gina Allen, Cultural Arts Manager. A PowerPoint Presentation was displayed. Christoph Kapeller representing CK architecture and the consultant on the project, spoke regarding the various bench designs which were proposed and considered and presented the final rendering. A model was presented to the City Council. Staff confirmed that the benches would be paid for by the donors and that the first bench in a series of five (5) would require $16,000 in funding to build. The consultant affirmed that the material for the bench would be resistant to various types of damage, including skateboards. The Mayor opened public comments. Bill Victor inquired as to the materials to be used to construct the benches , noting his desire for comfort for bench users. He also inquired as to whether the benches would be “vandal proof.” Carol Walhberg referenced her inclination toward benches such as those currently installed at 16th and 17th streets and the Strand. Gerry O’Connor expressed his support for the input from the Cultural Arts Commission, requested that the agenda packets for the commission be posted online, and for televising the meetings. He also stated a previous rule where Commissioners were prohibited from speaking on behalf of the Commission during City Council proceedings and urged the City Council to abide by their adopted guidelines. City Attorney Barrow noted that the City Council must adjourn at 11 :00 p.m. unless there was a 4/5th’s vote to continue. For the record, Mayor Lesser noted the requirement for AB 1234 reports to be made by Councilmembers. A motion was made by Councilmember Powell and seconded by Mayor Pro Tem Howorth to continue the meeting past 11:00 p.m. in order to complete Item 4 and hear any AB 1234 reports required by law. The motion was amended by Councilmember Powell, seconded by Mayor Lesser, to continue the meeting past 11:00 p.m. in order to complete Item 4 and Consent Calendar Items 6, 14, and 15. The motion failed pursuant to the following vote: Aye: 2- Lesser and Powell Nay: 3- Howorth, Burton and D'Errico City of Manhattan Beach Page 15 City Council Meeting Minutes - Final June 18, 2013 A motion was made by Mayor Pro Tem Howort, seconded by Councilmember D’Errico, to continue the meeting past 11:00 p.m. in order to complete Item 4 and hear any AB 1234 reports required by law. The motion failed pursuant to the following vote: Aye: 3- Howorth, Burton and D'Errico Nay: 2- Lesser and Powell City Attorney Barrow affirmed that the City Council can direct that any item pulled from the Consent Calendar and continued to a future meeting can be heard under “General Business.” A motion was made by Councilmember Powell, seconded by Mayor Pro Tem Howorth, to complete Item 4 and defer all other items to the next meeting. The motion carried by the following vote: Aye: 4- Howorth, Powell, Burton and D'Errico Nay: 1- Lesser Will Arvizo expressed concerns regarding the durability of the materials to be used for the bench. He also suggested the bench have “closed ends.” The Mayor closed public comments. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Burton, to approve the new architectural bench design proposal by Christoph Kapeller from CK Architecture for the Stand Alcove Bench Program catalog and that the bench have “closed ends”. The motion carried by the following vote: Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico 6. Award of Bid to Maneri Sign Company in the Amount of $60,000 for 13-0301 budgeted replacement of Street Name Signs APPROVE This item was pulled from the Consent Calendar for separate consideration by a member of the public. Discussion on this item was deferred pursuant to City Council action to the next meeting. City of Manhattan Beach Page 16 City Council Meeting Minutes - Final June 18, 2013 13. Resolution recommending installation of Stop Signs on 18th Street at RES 13-0032 Herrin Avenue and Installation of Traffic Measures on Herrin Avenue at 18th Street and at 19th Street ADOPT RESOLUTION NO. 13-0032, APPROVE INSTALLATION OF TRAFFIC MEASURES This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. Discussion on this item was deferred pursuant to City Council action to the next meeting. 14. Financial Reports: 13-0257 a) Ratification of Demands: May 21, 2013. b) Payroll Register: May 23, 2013. c) Investment Portfolio for the Month Ending April 30, 2013. d) Financial Reports for the Month Ending April 30, 2013. RATIFY, RECEIVE AND FILE This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. Discussion on this item was deferred pursuant to City Council action to the next meeting. 15. Minutes: (Continued from the June 18, 2013 City Council Meeting) 13-0289 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 May 7, 2013. APPROVE b) City Council Closed Session Meeting of May 7, 2013. APPROVE c) Planning Commission Meeting of May 22, 2013. RECEIVE AND FILE d) Cultural Arts Commission Meeting of March 12, 2013. RECEIVE AND FILE e) Cultural Arts Commission Meeting April 9, 2013. RECEIVE AND FILE f) Cultural Arts Commission Meeting May 14, 2013. RECEIVE AND FILE This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. Discussion on this item was deferred pursuant to City Council action to the next meeting. N. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS (5 MINUTES PER CITY COUNCILMEMBER) None. City of Manhattan Beach Page 17 City Council Meeting Minutes - Final June 18, 2013 O. ADJOURNMENT Mayor Lesser adjourned the meeting in honor of Bob Maestro, cofounder of Body Glove, to 4:00 p.m., Tuesday, June 25, 2013 for a Closed Session meeting. City of Manhattan Beach Page 18 City Council Meeting Minutes - Final June 18, 2013 City of Manhattan Beach Page 19