City Council Regular Meeting

City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Meeting Minutes - Final Tuesday, February 3, 2015 6:00 PM Regular Meeting City Council Chambers 5:00 PM Adjourned Regular Meeting - Closed Session City Council Mayor Wayne Powell Mayor Pro Tem Mark Burton Councilmember Tony D'Errico Councilmember David J. Lesser Councilmember Amy Howorth City Council Meeting Minutes - Final February 3, 2015 PLEASE NOTE THAT THE CITY ARCHIVES THE VIDEO RECORDINGS OF ALL REGULAR CITY COUNCIL MEETINGS AND THE VIDEO FOR THIS MEETING IS HEREBY INCORPORATED BY THIS REFERENCE. FOR A COMPLETE RECORD OF THIS CITY COUNCIL MEETING, GO TO www.citymb.info/ city-officials/city-clerk/city-council-meetings-agendas-and-minutes A. PLEDGE TO THE FLAG Kelly Trinh, Manhattan Beach Middle School, led the Pledge of Allegiance. B. NATIONAL ANTHEM Patricia Linton and Chiara Cebello, from Manhattan Beach Middle School, played the National Anthem on the flute. C. ROLL CALL Present: 5- Mayor Powell, Mayor Pro Tem Burton, Councilmember D'Errico, Councilmember Lesser and Councilmember Howorth D. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING City Clerk Liza Tamura confirmed that the meeting was properly posted. E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, that the agenda be approved. The motion carried by the following vote: Aye: 5- Powell, Burton, D'Errico, Lesser and Howorth F. CEREMONIAL CALENDAR 1. Presentation by Representatives of the Mayor’s Youth Council 15-0068 Summarizing the December 6, 2015 Event - “We’re Better Together: An Intergenerational Gathering in Manhattan Beach.” RECEIVE REPORT Mayor Powell introduced Allison Gist and Armance Sherman students from the Mayor's Youth Council who presented a summary report on the December 6. 2014, event "We're Better Together: An Intergenerational Gathering in Manhattan Beach". Mayor Powell, on behallf of the City Council presented certificates of Recognition to Allison Gist and Armance Sherman. Mayor Powell also acknowledged Councilmember Lesser for starting the syposium during the Centennial Celebration. City of Manhattan Beach Page 1 City Council Meeting Minutes - Final February 3, 2015 2. Presentation of a Proclamation to the American Heart Association 15-0066 Declaring the Month of February, 2015, as “American Heart Disease Awareness Month”. PRESENT Mayor Powell, on behalf of the City Council, presented a proclamation to representatives of the American Heart Association, Charlotte Lesser and Marissa Fortuna proclaiming February as "Heart Disease Awareness Month". G. CITY MANAGER REPORT City Manager Mark Danaj announced the Interactive Community Budget Meeting on Thursday, March 5, 2015, at the Joslyn Community Center at 6:00 PM. This will be an opportunity for the community to provide input preparing for the next budget. City Manager Danaj introduced Community Development Director Marisa Lundstedt who presented an overview of the Urban Land Institute (ULI) Visioning Week and Critical Next Steps. City Manager Danaj introduced Police Chief Eve Irvine who gave a Public Safety Update. Police Chief Irvine announced a Town Hall Meeting on Wednesday, February 11, 2015, at 6:30 PM - 7:30 PM at the Joslyn Community Center. She further added that the Police Department will have a Facebook page and also stressed the need for the community to call and speak up on crime. H. CITY ATTORNEY REPORT None. I. CITY COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Pro Tem Burton reported that the Mira Costa High School Rugby Team is seeking its second championship on Saturday at St John Bosco. Mayor Powell announced that the "Why I ♥ MB Art Contest" winners were announced last week and they will be honored at the February 17, 2015, City Council Meeting. Mayor Powelll also reported that he attended the US Conference of Mayors and had the privilege of going to the White House and meeting President Obama. Councilmember D'Errico commented on the incident in downtown Manhattan Beach and the quick action of the Manhattan Beach Police Department. J. COMMUNITY ANNOUNCEMENTS REGARDING UPCOMING EVENTS Tom Allard, representing the Older Adult Program and the Senior Advisory Committee announced upcoming programs including Osher Lifelong Learning Institute (OLLI) and a Candidates Forum on next Thursday, February 12, 2015. George Butts, founder of Community Emergency Response Team, shared upcoming CERT classes, reported on the achievements of the organization in 2014, and announced the Bayou Benefit Fundraiser on April 18, 2015. Nanette Barragan, Mayor Pro Tem of Hermosa Beach, shared the date of an City of Manhattan Beach Page 2 City Council Meeting Minutes - Final February 3, 2015 upcoming forum in which the impacts of oil drilling will be discussed. The event will be on Thursday, February 12, 2015, at the Hermosa Beach Community Center at 7:00 PM. Neil Boyer, Manhattan Beach Residents Association, spoke of an upcoming City Council Candidate Forum on February 12, 2015, in the City Council Chambers from 7-8 PM. Charlene Dipada, South Bay Bike Coalition, announced two upcoming events :" Bicycling and Traffic Skills 101" on February 21, 2015, at the Beach Cities Health District and "South Bay Bike Night", a fundraiser for safe cycling, at the Shade Hotel on February 28, 2015, at 6:00 PM. Viet Ngo, Anti-corruption Advocacy, pointed out the upcoming City Council Election and urged everyone to exercise their right to vote. K. PUBLIC COMMENT ON NON-AGENDA ITEMS George Butts, President and founder of Community Emergency Response Team (CERT), announced the upcoming CERT Class in March and a brief overview of the year 2014. Diane Campisi, Co-Chair of the Senior Advisory Committee, requested to be allowed to use the public access for their upcoming Candidate Forum. Robert Bush, resident, brought up items and occurrences that have happened in the City. Yury Gurvich, resident, referred to a letter that he sent to the Beach Reporter that was not published. Mayor Powell commented on first amendment rights. Viet Ngo alleged fraud in the City. City Attorney Barrow confirmed that it is a first amendment right to wear buttons. Bill Victor, resident and City Council Candidate, informed Council that he submitted a public records request asking for a list of consultants for the City, and is not able to obtain them in a timely matter. L. CONSENT CALENDAR A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Burton, to approve the Consent Calendar Item Nos 3-6. The motion carried by the following vote: Aye: 5- Powell, Burton, D'Errico, Lesser and Howorth 3. Award of Bid to Reynolds Buick for One Budgeted Replacement Truck 15-0051 (GMC) for the Public Works Department ($26,141.14) (Finance Director Moe). APPROVE Attachments: Bid #1020-15 Comparison for Truck City of Manhattan Beach Page 3 City Council Meeting Minutes - Final February 3, 2015 This item was approved on the Consent Calendar. 4. Award a Professional Engineering Services Contract to Wheeler & CON 15-0005 Gray, Consulting Engineers for Design Services for the Safe Routes to School (Cycle 3) Project in the Amount of $76,230. (Public Works Director Olmos). APPROVE Attachments: Safe Routes to School (Cycle 3) - Budget and Expenditures SR2S (Cycle 3) - Location Maps SR2S (Cycle 3) - Consultant Agreement This item was approved on the Consent Calendar. 5. Award a Professional Engineering Services Contract to Wheeler & CON 15-0008 Gray, Consulting Engineers for Design Services for the Safe Routes to School (Cycle 10) Project in the Amount of $49,975. (Public Works Director Olmos). APPROVE Attachments: SR2S (Cycle 10) Location Maps Cycle 10 Budget and Expenditures Cycle 10 Agreement This item was approved on the Consent Calendar. 6. Minutes: 15-0009 This item contains action minutes of City Council meetings which are presented for approval. Staff recommends that the City Council, by motion, take action to approve the action minutes of the: a) City Council Adjourned Regular Meeting (Closed Session) of December 16, 2014 b) City Council Adjourned Regular Meeting (Storm Water Study Session) of January 15, 2015 c) City Council Adjourned Regular Meeting (ULI) of January 16, 2015 d) City Council Adjourned Regular Meeting (Closed Session) of January 20, 2015 e) City Council Regular Meeting of January 20, 2015 (City Clerk Tamura). APPROVE Attachments: City Council Adjourned Regular Meeting (Closed Session) of December 16, 2014 City Council Adjourned Regular Meeting (Storm Water Study Session) of January 15, 2015 City Council Adjourned Regular Meeting (ULI) of January 16, 2015 City Council Adjourned Regular Meeting (Closed Session) of January 20, 2015 City Council Regular Meeting of January 20, 2015 This item was approved on the Consent Calendar. City of Manhattan Beach Page 4 City Council Meeting Minutes - Final February 3, 2015 M. PUBLIC HEARINGS None. N. GENERAL BUSINESS 7. Update on Preservation and Relocation Options for the Historic 15-0058 George Peck House at 2620 Alma Avenue DISCUSS AND PROVIDE DIRECTION Attachments: City Council Minutes - November 18, 2014 George Peck Exhibits Mayor Powell introduced Planning Manager Laurie Jester who gave the PowerPoint Presentation on the Preservation and Relocation for the Historic George Peck House. Planning Manager Jester responded to City Council questions Mayor Powell opened the floor to public comment. Jan Dennis emphasized the importance of keeping the heritage of Manhattan Beach and relayed that this house should be at Bruce's Beach. Tim McGuire stressed the necessity for preserving the Peck House and also announced a fundraiser at the Shade Hotel on February 19, 2015, to raise funds to move the house. Gary McAuly, President of the Historical Society, communicated that he would like to see the house moved to Polliwog Park. Jane Gutherie, Board Member of the Manhattan Beach Cultural Conservancy, cited that she is excited about this issue and thinks Bruce's Beach is an appropriate place for it to be moved. Craig Cadwallader, resident, supported moving the house to Bruce's Beach as a member of the Manhattan Beach Leadership Class of 2003. Bill Victor remarked that it is important for pride in the community to have respect for its history. Mason Lewis, resident, read from the legislative text on the potential site of Bruce's Beach and relayed that Bruce's Beach would not be a viable site for this structure. Tim McGuire stated that he had a hard estimate of $108,000 and could provide the estimate to the City. Seeing no further requests to speak, Mayor Powell closed the floor to public comment. City Council discussion continued and questions were responded to by City Attorney Barrow, Jan Dennis, and Planning Manager Jester. A motion was made by Mayor Pro Tem Burton, seconded by Councilmember Lesser, to direct the City Manager to conduct a site visit at the George Peck City of Manhattan Beach Page 5 City Council Meeting Minutes - Final February 3, 2015 House as soon as possible, report back on the cost of moving to Bruce's Beach and Polliwog Park with a proposed timeline, report back at both locations any covenants or restrictions at either location and notify neighbors adjacent to Bruce's Beach and Polliwog Park of the decision on where to move it. The motion carried by the following vote: Aye: 5- Powell, Burton, D'Errico, Lesser and Howorth At 8:47 PM City Council recessed and reconvened at 9::00 PM with all Councilmembers present. 8. Measure O: Hermosa Beach’s Ballot Measure on Oil Drilling. 15-0077 (Community Development Director Lundstedt). CONSIDER RESOLUTION Attachments: City of Manhattan Beach Draft EIR Comment Letter and Responses Copy of December 16, 2014 Resolution Opposing Measure O Copy of Hermosa Beach’s Measure O Copy of Hermosa Beach's Impartial Analysis and Ballot Arguments Litigation Information Related to Measure O Draft Measure O Resolution Mayor Powell introduced Community Development Director Marisa Lunstedt who gave a PowerPoint Presentation with an overview of Measure O. Community Development Director Lunstedt responded to City Council questions. Mayor Powell opened the floor to public comment Nanette Barragan, Hermosa Beach Mayor Pro Tem , communicated that the City Council of Hermosa Beach had not taken a position on the measure because of the litigious nature of the proponent. She further added that this is a Santa Monica Bay issue, not just a Hermosa Beach issue. Dave Schrader, Hermosa Beach resident, brought up the Chevron Refinery to the north of Manhattan Beach citing their pumping capacity versus the maximum pumping capacity that would come from the south, Hermosa Beach. Cheryl Main, Hermosa Beach, cited the potential impact of drilling oil on Manhattan Beach. Mark Hopkins, Hermosa Beach, cited from the final health assessment in the Hermosa sample ballot, that the project will not have a substantial effect on the community. Bill Victor observed that this issue is not a fair comparison to Chevron and that the Councilmembers could make statements on their own behalf. Barbara Elman, Hermosa Beach, reported that E & B (Oil Company) have never done this before and accidents do happen all of the time. City of Manhattan Beach Page 6 City Council Meeting Minutes - Final February 3, 2015 Nancy Shroats, Manhattan Beach, urged the City Council to oppose the ballot measure. Ed Abel, Manhattan Beach, cited some health risks associated with this project as air knows no boundaries. Greg Maffei, Manhattan Beach, asked that the City Council consider the impact on the business aspect of this issue. Jim Sullivan, Hermosa Beach, stated that the City should be focused on their residents and businesses and Hermosa Beach will focus on itself. Dana Murray, Heal the Bay, related that this issue will have a negative environmental impact on the City and the Santa Monica Bay. Gary Brown, Hermosa Beach, requested that the City not take a position on this issue. Unknown speaker, Hermosa Beach, also requested that the City do as Redondo Beach did and not take a stand. Betsy Ryan, Hermosa Beach, shared that to be a good neighbor the City needs to protect the Santa Monica Bay, businesses and property value. Lorie Armendariz, Hermosa Beach, questioned why the City is not considering a resolution in support of Measure O. Jamie Freeman, Natural Resources Defense Council, urged the opposition to Measure O and to pass the Resolution. Phil Friedl, Hermosa Beach, commented that he urged the City to pass a resolution against Measure O. Stacey Armato, Chairman for Stop Hermosa Beach Oil, read the decision from the court case and urged a resolution against Measure O. Dr. Michael Collins, one of the founders of Keep Hermosa Hermosa, mentioned the potential impacts of this project and urged the Council to pass a resolution against Measure O. Bob Rasmussen, Hermosa Beach, noted that oil sands were discovered building the new Shade Hotel in Redondo Beach and there is potential of the same issue occurring here because of an earthquake or related event and also mentioned the smell from the project. Dan Insky, Hermosa Beach and a lifelong environmentalist, spoke about how California gets most of its oil by ship and asked for a resolution to support Measure O. Densy Nelson, Hermosa Beach, explained that as a good neighbor the City should weigh in on this issue and noted that Hermosa Beach is capable of paying the $ 17.5 million; therefore please oppose Measure O. George Schmeltzer, Hermosa Beach, mentioned the population density, that technology is better now, but there can still be human error and asked to pass a resolution opposing Measure O. City of Manhattan Beach Page 7 City Council Meeting Minutes - Final February 3, 2015 George Barks, Hermosa Beach, related that there is no real significant impact, supports Measure O and thinks the City should be a good neighbor and not meddle. Unknown speaker, Hermosa Beach, indicated that oil drilling impacts the entire Santa Monica Bay and urges the Council to pass a resolution opposing Measure O. Simone, Hermosa Beach, urged the Council to take a position against Measure O and against E&B. Unknown speaker, Hermosa Beach, noted several points against E&B and stated it was not the kind of company you would want in your back yard. Mike Find, E&B Natural Resources, asserted that the benefits far outweigh the risks. Kevin Sousza, Hermosa Beach, communicated that a lot of people are passionate and engaged in this issue and just remember what you want your legacy to be. Craig Cadwallader, Surfrider Foundation and Manhattan Beach resident, conveyed his concern with the potential impact of this project. Alicia Villarreal, Hermosa Beach, stated her concerns of safety with this project and particularly the tanker trucks on Artesia Boulevard. Hany Fangary, Hermosa Beach City Councilmember, asked the City Council to support the resolution against Measure O, stating that it was not meddling but cooperating with the City of Hermosa for things that affect the entire South Bay. Viet Ngo, Anti-Public Corruption, alleged that Mayor Powell met with a representative of E&B Oil, and asked that the City Council not take a position on Measure O. Diane Wallace, Manhattan Beach, declared that she doesn't want to do harm to the environment and asked to support the people of Hermosa Beach who intend to vote "No" on Measure O. Gerry O'Connor, Manhattan Beach, cited that Manhattan Beach was formally notified by Hermosa Beach to solicit comments on the final EIR and emphasized that the Council needs to support the resolution against Measure O. Seeing no further requests to speak, Mayor Powell closed the floor to public comment. Lengthy discussion continued with all City Councilmembers. City Council questions were responded to by Community Development Director Lunstedt and City Attorney Barrow. At 11:36 PM City Attorney Barrow requested a recess to amend draft Resolution No . 15-0004. City Council reconvened at 12:00 AM with all Councilmembers present. A motion was made by Mayor Powell, seconded by Councilmember Howorth, to adopt the redline version of Resolution No. 15-0004 with the additional revisions of: deleting the word "the" from the third line and and leaving in "of the Manhattan Beach City Council.". The motion carried by the following vote: Aye: 5- Powell, Burton, D'Errico, Lesser and Howorth City of Manhattan Beach Page 8 City Council Meeting Minutes - Final February 3, 2015 O. ITEMS REMOVED FROM THE CONSENT CALENDAR None. P. OPTIONAL ADDITIONAL PUBLIC COMMENTS ON NON-AGENDA ITEMS None. Q. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS, FUTURE DISCUSSION ITEMS Mayor Powell attended the US Conference of Mayors and he will be filing an appropriate report. Mayor Powell stated that he felt there was a disconnect regarding allowing outside entities to have broadcast capabilities until the City Council set standards. The Senior Advisory Committee was denied usage but another non-city organization was given permission. Councilmember Lesser inquired when the policy will come forward. City Manager Danaj responded that the direction was at the November 5, 2014, meeting to direct the City Manager and Staff to explore expanding the use of the government channel, including giving outside groups programming opportunities and to come back with draft policies and guidelines. City Manager Danaj stated that it could come back in the next three months. Mayor Powell stated that he thought the forum should be allowed, but not be broadcast. Mayor Pro Tem Burton stated that the residents were expecting the broadcast. R. RECEIVE AND FILE ITEMS Mayor Powell opened the floor to public comment. Seeing no requests to speak, Mayor Powell closed the floor to public comment. A motion was made by Mayor Pro Tem Burton, seconded by Councilmember Howorth, that this item be received and filed. The motion carried by the following vote: Aye: 5- Powell, Burton, D'Errico, Lesser and Howorth 9. Financial Report: 15-0062 Schedule of Demands: January 15, 2015 (Finance Director Moe). RECEIVE AND FILE Attachments: Schedule of Demands Register for January 15, 2015.pdf This item was received and filed. S. ADJOURNMENT City of Manhattan Beach Page 9 City Council Meeting Minutes - Final February 3, 2015 At 12:18 AM the Regular City Council Meeting was adjourned to the 4:30 PM Adjourned Regular City Council Meeting (Closed Session) on Tuesday, February 17, 2015. _____________________________ Matthew Cuevas Recording Secretary _____________________________ Wayne Powell Mayor ATTEST: _____________________________ Liza Tamura City Clerk City of Manhattan Beach Page 10