City Council Regular Meeting

City Council Regular City Council Meeting Tuesday, October 1, 2013 6:00 PM City Council Chambers 5:00 PM Adjourned Regular City Council Meeting - Closed Session Mayor David J. Lesser Mayor Pro Tem Amy Howorth Councilmember Wayne Powell Councilmember Mark Burton Councilmember Tony D'Errico 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 October 1, 2013 MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU! Your presence and participation contribute to good city government . By your presence in the City Council Chambers, you are participating in the process of representative government. To encourage that participation, the City Council has specified a time for citizen comments on the agenda under "Audience Participation," at which time 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, with each speaker limited to three minutes. Copies of staff reports or other written documentation relating to each item of business referred to on this agenda are available for review on the City's website at www.citymb.info, the Police Department located at 420 15th Street, and are also on file in the Office of the City Clerk for public inspection. Any person who has any question concerning any agenda item may call the City Clerk's office at (310) 802-5056 to make an inquiry concerning the nature of the item described on the agenda. In compliance with the Americans With Disabilities Act, 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 (TDD). Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. 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 Meadows Elementary School B. ROLL CALL 1 MINUTE C. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING 1 MINUTE 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, September 27, 2013, on the City' s Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights. D. CLOSED SESSION ANNOUNCEMENT 1 MINUTE E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES 5 MINUTES 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. City of Manhattan Beach Page 2 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 F. CEREMONIAL CALENDAR 15 MINUTES 1. Presentation of a Commendation to the Los Angeles County Junior 13-0509 Lifeguard Program & Recognition to A.J. Wilson for his heroic efforts during a recent rescue. PRESENT G. COMMUNITY ANNOUNCEMENTS 1 MINUTE PER PERSON This portion of the meeting is to provide an opportunity for citizens to address the City Council regarding upcoming events. 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! H. AUDIENCE PARTICIPATION 3 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! I. CITY MANAGER REPORT(S) 5 MINUTES J. CONSENT CALENDAR 5 MINUTES 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. City of Manhattan Beach Page 3 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 2. Second reading of Ordinance No. 13-0020 amending the City’s Municipal ORD 13-0020 Code regarding banners and decorations in the Public Right-of- Way and adoption of banner policy ( Continued from September 17, 2013, City Council Meeting). WAIVE FURTHER READING; ADOPT ORDINANCE 13-0020 Attachments: Existing Manhattan Beach Municipal Code Chapter 9.60 Proposed Ordinance No. 13-0020 Proposed Banner Policy 7/26/2013 3. Annual Report from Oceanographic Teaching Stations, Inc. as required 13-0511 by the Occupancy Agreement for use of the Roundhouse Facility on the Manhattan Beach Pier. RECEIVE AND FILE Attachments: OTS Inc. IRS Form 990 OTS Inc. Annual Report 4. Award of Bid for the Budgeted Purchase of Two Toyota Camry Hybrid 13-0397 Replacement Vehicles for the Public Works and Parks & Recreation Departments from Penske Toyota in the Amount of $53,711.90. APPROVE Attachments: Bid #940-13 Comparison for Toyota Camry Hybrid (2) 5. Progress Payment No. 2 in the Net Amount of $100,605.00 to 13-0499 Miramontes Construction Co, Inc. for the 2012-2015 Rehabilitation of Sewer Manholes Project. APPROVE Attachments: Tables 1 and 2 - Budget, Expenditures and Contract Payments Map of FY 2012-2015 Rehabilitation of Sewer Manhole Project 6. Report On Current Maintenance Practices In Downtown Streetscape. 13-0500 RECEIVE AND FILE Attachments: Lighting District 1 Streetscape Downtown Power Washing Schedule Sweep Times Streetscape Only Sweep Times Downtown 7. Financial Reports: Schedule of Demands: September 12, 2013. 13-0506 RECEIVE AND FILE Attachments: Warrant Register for September 12, 2013 City of Manhattan Beach Page 4 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 8. Minutes 13-0523 This item contains minutes of City Council meetings which are presented for approval and minutes from City Commissions 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) Joint City Council/Planning Commission Meeting of April 30, 2013. APPROVE b) City Council Special Closed Session Meeting of May 30, 2013. APPROVE c) City Council Special Closed Session Meeting of June 3, 2013. APPROVE d) City Council Regular Meeting of July 2, 2013. APPROVE e) City Council Adjourned Regular Meeting (Strategic Plan Community Town Hall) of July 9, 2013. APPROVE f) City Council Adjourned Regular Meeting (10:00 a.m. Closed Session) of September 3, 2013. APPROVE g) City Council Adjourned Regular Meeting (4:00 p.m. Closed Session) of September 3, 2013. APPROVE h) City Council Adjourned Regular Meeting (Closed Session) of September 11, 2013. APPROVE i) City Council Adjourned Regular Meeting (Closed Session) of September 17, 2013. APPROVE j) City Council Adjourned Regular Meeting (Closed Session) of September 24, 2013. APPROVE k) Parks and Recreation Commission Meeting of August 26, 2013. RECEIVE AND FILE l) Special Parks and Recreation Commission Meeting of September 09, 2013. RECEIVE AND FILE m) Library Commission Meeting of August 12, 2013. RECEIVE AND FILE n) Cultural Arts Commission Meeting of August 13, 2013. RECEIVE AND FILE o) Cultural Arts Commission Meeting of September 12, 2013. RECEIVE AND FILE City of Manhattan Beach Page 5 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 Attachments: Joint City Council/Planning Commission Meeting of April 30, 2013 City Council Special Closed Session Meeting of May 30, 2013 City Council Special Closed Session Meeting of June 3, 2013 City Council Regular Meeting of July 2, 2013 City Council Adjourned Regular Meeting (Strategic Plan Community Town Hall) of July 9, 2013. City Council Adjourned Regular Meeting (10:00 a.m. Closed Session) of September 3, 2013 City Council Adjourned Regular Meeting (4:00 p.m. Closed Session) of September 3, 2013 City Council Adjourned Regular Meeting (Closed Session) of September 11, 2013 City Council Adjourned Regular Meeting (Closed Session) of September 17, 2013 City Council Adjourned Regular Meeting (Closed Session) of September 24, 2013 Parks and Recreation Commission Meeting of August 26, 2013 Special Parks and Recreation Commission Meeting of September 09, 2013 Library Commission Meeting of August 12, 2013 Cultural Arts Commission Meeting of August 13, 2013 Cultural Arts Commission Meeting of September 12, 2013 K. PUBLIC HEARINGS 30 MINUTES PER ITEM L. GENERAL BUSINESS 30 MINUTES PER ITEM 9. Strategic Plan Update (Continued from September 17, 2013, City Council 13-0470 Meeting). RECEIVE AND FILE Attachments: Strategic Plan Update 09172013 10. Meeting Management - Rules of Order for City Council Meetings RES 13-0066 ADOPT A RESOLUTION AMENDING AND RESTATING THE RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS Attachments: Draft Resolution No. 13-0066 Redlined version of Draft Resolution indicating suggested changes to Resolution No.12-6411 Draft Excerpt of Discussion from August 13, 2013 City Council Meeting May 21, 2013 and August 13, 2013 City Council Agenda Staff Reports Resolution No. 12-6411 City of Manhattan Beach Page 6 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 11. Report Regarding Condition of City Facilities (Facilities Assessment 13-0464 Study). RECEIVE AND PROVIDE DIRECTION Attachments: Facility Condition Assessment Report - Executive Summary_Rev B (hard copy) City of Manhattan Beach Parking Structures Report Abbreviated (hard copy) Facility Condition Assessment Report - City Hall Annex_Rev A (CD) Facility Condition Assessment Report - City Hall_Rev A (CD) Facility Condition Assessment Report - Creative Arts Center_Rev A (CD) Facility Condition Assessment Report - Fire Station_2_Rev A (CD) Facility Condition Assessment Report - Josyln Community Center_Rev A (CD) Facility Condition Assessment Report - Live Oak Park_Rev A (CD) Facility Condition Assessment Report - Manhattan Heights Park (CD) Facility Condition Assessment Report - Manhattan Village Soccer Field_Rev A (CD) Facility Condition Assessment Report - Marine Avenue Park_Rev A (CD) Facility Condition Assessment Report - Marine Avenue Sports Complex (CD) Facility Condition Assessment Report - Pier Roundhouse_Comfort Station_Rev B (CD) Facility Condition Assessment Report - Polliwog Park_Rev A (CD) Facility Condition Assessment Report - Premier Baseball Field (CD) Facility Condition Assessment Report - Public Safety Building_Fire Station No. 1_Rev A (CD) Facility Condition Assessment Report - Public Works_Rev A (CD) Facility Condition Assessment Report - Sand Dune Park_Rev A (CD) City of Manhattan Beach Parking Structures Report (CD) City of Manhattan Beach Page 7 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 12. Remaining Open Government Initiatives; Authorization for the City 13-0525 Manager to Adopt the Public Records Act Protocol; and Direction on Future Open Government Initiatives. RECEIVE PUBLIC INPUT AND TAKE ACTION ON OPEN GOVERNMENT INITIATIVES Attachments: August 13, 2013 City Council Agenda Report Excerpt of Draft Minutes of August 13, 2013 May 21, 2013 City Council Agenda Report from the Ad Hoc Open Government Subcommittee Open Government Initiatives Matrix McKee Settlement Agreement Public Records Act Protocol Public Records Act Log, February 25, 2013 Public Records Act Log, September 19, 2013 March 12, 2013 Ad Hoc Open Government Subcommittee Agenda, Staff Reports and Attachmen William Victor (MB Property Owner) Letter William Victor (MB Property Owner) Letter 2 13. Meeting Management - Consent Calendar RES 13-0065 DISCUSS AND CONSIDER ADOPTING A RESOLUTION OUTLINING THE SCOPE OF THE CITY COUNCIL’S CONSENT CALENDAR Attachments: Samples of Other Cities’ Consent Calendars (Beverly Hills, Hermosa Beach, Redondo Beach) Draft Excerpt of August 13, 2013 City Council meeting discussion regarding consent calendar Draft Resolution No. 13-0065 M. ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued Agenda Items Pulled from the September 17, 2013 Consent Calendar) 5 MINUTES PER ITEM 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. 14. Report on the 2013 International Surf Festival's Charlie Saikley Six-Man 13-0432 Beach Volleyball Tournament (Continued from September 17, 2013, City Council Meeting). RECEIVE AND FILE Attachments: Six Man 2013 Operational Costs & 2014 Estimated Cost City of Manhattan Beach Page 8 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 15. Implementation of a Direct Invitation Process for the 2013-2014 13-0452 Sculpture Garden; A One Year Extension of the Current Installation Believe Green and Not a Step; and Appropriation of $5,000 from the Public Art Trust Fund for the Artists Stipend (Continued from September 17, 2013, City Council Meeting). APPROVE AND APPROPRIATE 16. Financial Reports: 13-0495 a) Schedule of Demands: August 29, 2013. b) Investment Portfolio for the Month Ending July 31, 2013. c) Financial Reports for the Month Ending July 31, 2013. (Continued from September 17, 2013, City Council Meeting) RECEIVE AND FILE Attachments: Warrant Register for August 29, 2013 Investment Portfolio for the Month Ending July 31, 2013 Financial Reports for the Month Ending July 31, 2013 17. Minutes 13-0496 This item contains minutes of City Council meetings which are presented for approval and minutes from a City commission which is 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 (Continued from September 17, 2013, City Council Meeting): a) City Council Closed Session Meeting of May 14, 2013. APPROVE b) City Council Adjourned Regular Meeting (Strategic Plan Session) of July 10, 2013. APPROVE c) City Council Regular Meeting of August 6, 2013. APPROVE d) City Council Adjourned Regular Meeting (Closed Session) of August 14, 2013. APPROVE e) Cultural Arts Commission Meeting of August 13, 2013. RECEIVE AND FILE Attachments: City Council Closed Session Meeting of May 14, 2013 City Council Adjourned Regular Meeting (Strategic Plan Session) of July 10, 2013 City Council Regular Meeting of August 6, 2013 City Council Adjourned Regular Meeting (Closed Session) of August 14, 2013 Cultural Arts Commission Meeting of August 13, 2013 City of Manhattan Beach Page 9 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 N. ITEMS REMOVED FROM THE CONSENT CALENDAR (For any Agenda Item removed from this City Council Agenda for individual consideration) 5 MINUTES PER ITEM 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. O. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS 5 MINUTES PER CITY COUNCILMEMBER FOR TOTAL OF 25 MINUTES 18. Supplemental Report on the Level of Service Provided By Southern 13-0524 California Edison (SCE). DISCUSS AND PROVIDE DIRECTION, RECEIVE AND FILE Attachments: Staff Report dated August 20, 2013 Letter from City Manager David N. Carmany to PUC dated August 26, 2013 Letter from Senator Ted Lieu to Theodore F. Craver, Jr. of SCE dated September 15, 2013 19. 2013 League of California Cities Annual Meeting. 13-0507 DISCUSS Attachments: League of California Cities, 2013 Annual Conference, Sacramento, September 18 - 20 P. ADJOURNMENT Q. FUTURE MEETINGS CITY COUNCIL MEETINGS Oct. 8, 2013 - Tuesday - 6:00 PM - Joint City Council/Cultural Arts Commission Meeting (Cancelled) Oct. 8, 2013 - Tuesday - 6:00 PM - Adjourned City Council Meeting (Continued Public Hearing on Manhattan Village Mall) Oct. 15, 2013 – Tuesday – 6:00 PM – City Council Meeting Oct. 29, 2013 - Tuesday - 6:00 PM - Joint City Council/Library Commission Meeting Nov. 5, 2013 – Tuesday – 6:00 PM – City Council Meeting Nov. 12, 2013 - Tuesday - 6:00 PM - Joint City Council/Parking & Public Improvements Commission Meeting Nov. 19, 2013 – Tuesday – 6:00 PM – City Council Meeting Dec. 3, 2013 – Tuesday – 6:00 PM – City Council Meeting Dec. 10, 2013 - Tuesday - 6:00 PM - Joint City Council/ Board of Building Appeals Meeting Dec. 17, 2013 – Tuesday – 6:00 PM – City Council Meeting City of Manhattan Beach Page 10 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 BOARDS, COMMISSIONS AND COMMITTEE MEETINGS Oct. 9, 2013 – Wednesday -- 6:30 PM – Planning Commission Oct. 23, 2013 – Wednesday -- 6:30 PM – Planning Commission Oct. 24, 2013 - Thursday -- 6:30 PM -- Parking & Public Improvements Commission Oct. 29, 2013 - Tuesday - 6:00 PM - Joint City Council and Library Commission (Cancelled) Nov. 12, 2013 - Tuesday - 6:00 PM - Joint City Council/Parking & Public Improvements Commission Nov. 13, 2013 – Wednesday -- 6:30 PM – Planning Commission Nov. 27, 2013 – Wednesday -- 6:30 PM – Planning Commission Dec. 5, 2013 -- Thursday -- 6:30 PM -- Parking & Public Improvements Commission Dec. 10, 2013 - Tuesday - 6:00 PM - Joint City Council/ Board of Building Appeals Meeting Dec. 11, 2013 – Wednesday -- 6:30 PM – Planning Commission R. CITY HOLIDAYS CITY OFFICES CLOSED ON THE FOLLOWING DAYS: 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 Jul. 4, 2014 - Friday - Independence Day Sep. 1, 2014 – Monday – Labor Day City of Manhattan Beach Page 11 Printed on 9/27/2013 City Council Agenda Final October 1, 2013 CITY OF MANHATTAN BEACH CLOSED SESSION AGENDA TUESDAY, OCTOBER 1, 2013 - 5:00 PM CITY COUNCIL CHAMBERS 1400 HIGHLAND AVENUE MANHATTAN BEACH, CA 90266 A. CALL MEETING THE ORDER B. PLEDGE TO THE FLAG C. ROLL CALL D. CERTIFICATION OF MEETING 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, September, 27, 2013, on the City' s Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights. E. PUBLIC COMMENT ON CLOSED SESSION 3 MINUTES PER PERSON F. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION) (Government Code Section 64986.9(a)) City of Agoura Hills, City of Manhattan Beach, et. al. v. County of Los Angeles et. al., Superior Court of California - County of Los Angeles Case No. BS1440871 G. RECESS INTO CLOSED SESSION H. RECONVENE INTO OPEN SESSION I. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION J. ADJOURNMENT City of Manhattan Beach Page 12 Printed on 9/27/2013