City Council Regular Meeting

City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Meeting Minutes - Final Tuesday, July 21, 2015 6:00 PM Regular Meeting City Council Chambers City Council Regular Meeting Mayor Mark Burton Mayor Pro Tem Tony D’Errico Councilmember David Lesser Councilmember Amy Howorth Councilmember Wayne Powell City Council Regular Meeting Meeting Minutes - Final July 21, 2015 A. PLEDGE TO THE FLAG City Manager Mark Danaj led the Pledge of Allegiance. B. ROLL CALL Present: 5- Mayor Burton, Mayor Pro Tem D'Errico, Councilmember Lesser, Councilmember Howorth and Councilmember Powell C. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING City Clerk Tamura confirmed that the meeting was properly posted. D. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Councilmember Howorth, seconded by Councilmember Powell, to approve the agenda and waive full reading of ordinances. The motion carried by the following vote: Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell City of Manhattan Beach Page 1 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 E. CEREMONIAL CALENDAR 1. Presentation of City Plaques to Special Olympic Athletes: Honorary 15-0344 Mayor Caley Versfelt, Honorary City Treasurer Thomas Byrne, and Honorary City Clerk Gigi Greskovics and Presentation of Certificates of Recognition to the Manhattan Beach Host Town Local Organizing Committee. PRESENT City Clerk Liza Tamura introduced the item. Mayor Burton, on behalf of the City Council, recognized the Manhattan Beach Host Town Local Organizing Committee: Judy Peetz, Chair Jeff Beland Robin Curren Steve Fairbrother Debra Hofreiter Karen Hunt Charlotte Lesser Russ Lesser Mark Leyman James O'Callaghan Also recognized were: Honorary Mayor Caley Versfelt Honorary City Treasurer Thomas Byrne Honorary City Clerk Gigi Greskovics Mayor Burton presented plaques to the honorees and Russ Lesser thanked Skechers for their $50,000 donation. 2. Presentation of Certificates of Recognition to Manhattan Beach Police 15-0338 Officers: Dave Caveney, Tony Presgraves, Michael Allard, and David Gibbons for their Significant Number of DUI (Driving Under the Influence) Arrests in 2014. PRESENT City Clerk Liza Tamura introduced the item and Mayor Burton, on behalf of the City Council, presented Certificates of Recognition to Officers Dave Caveney, Tony Presgraves, Michael Allard and David Gibbons for their significant number of Driving Under the Influence (DUI) Arrests in 2014, as recognized by Mothers Against Drunk Drivers (MADD) Organization. 3. Presentation of Plaques to Outgoing Planning Commissioner Martha 15-0236 Andreani, Outgoing Library Commissioner Josh Cooperman, and Outgoing Parks and Recreation Commissioner Adam Zaun. PRESENT City Clerk Liza Tamura introduced this item and Mayor Burton, on behalf of the City Council, presented a City Plaque to outgoing Commissioner Martha Andreani for her 8 years of service as a Planning Commissioner in the City of Manhattan Beach. City of Manhattan Beach Page 2 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 Library Commissioner Josh Cooperman and Parks and Recreation Commissioner Adam Zaun were unable to attend the meeting. F. CITY MANAGER REPORT City Manager Mark Danaj introduced Police Chief Eve Irvine who presented a summary of the Special Olympics World Game Torch Run for Law Enforcement held earlier in the day and welcomed all the athletes and their families from Nepal and Hungary. City Manager Danaj also announced that a celebration kicking -off the inaugural "Sunday Hours" for the Manhattan Beach Library to be held on August 30, 2015. City Manager Danaj reported a "Water Conservation Tracker" will be placed at City Hall, Joslyn Community Center and Manhattan Heights to show how the city is doing towards its water conservation goal of twenty per cent less usage than 2013. City Manager Danaj further added the appointment of new Human Resources Director Teresia Haase and that her first day will be September 1, 2015. G. CITY ATTORNEY REPORT Mayor Burton introduced Assistant City Attorney Michael Estrada who is filling in for City Attorney Quinn Barrow. Assistant City Attorney Estrada announced that Item No . 14 has been signed "Approved as to Form". H. CITY COUNCIL ANNOUNCEMENTS AND REPORTS Councilmember Howorth commended the community for their support for the Walk with Sally event, for supporting Caley Versfelt and thanked Commissioner Martha Andreani for her service. Councilmember Powell echoed thanks to Martha Andreani and reported that he had also participated in the Special Olympics Torch Run. He further added that the Lifeguard Medal of Valor Awards will take place on July 30, 2015, at the Seaside Lagoon and this date is the beginning of the International Surf Festival. I. COMMUNITY ANNOUNCEMENTS REGARDING UPCOMING EVENTS The following individuals provided community announcements: Joseph Ungoco Ed Caprielian Yolande Wilburn J. PUBLIC COMMENT ON NON-AGENDA ITEMS The following individuals provided public comment: Ray Polk Bill Victor Craig Cadwallader Robert Bush Diane Wallace Viet Ngo City of Manhattan Beach Page 3 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 Ed Caprielian K. CONSENT CALENDAR A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem D'Errico, to approve the Consent Calendar Item Nos.4-10 with the exception of Item Nos. 7, 9, and 10. The motion carried by the following vote: Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell 4. Ratification of Partially Grant Funded Purchase of Electric Vehicle 15-0303 Monitoring Equipment from ATVLS, Inc. in the Amount of $40,879.18 (Public Works Director Olmos). WAIVE FORMAL BIDDING; APPROVE Attachments: Electric Vehicle Charging Locations in Manhattan Beach This item was approved on the Consent Calendar. 5. Award of Bid to Beau Bureaux Interiors, Inc. to Provide and Install 15-0330 Office Furniture in the Amount of $29,268 (Public Works Director Olmos). APPROVE This item was approved on the Consent Calendar. 6. Adoption of Ordinance 15-0007 Approving Amendments to Chapter ORD 15-0007 2.36 of the Manhattan Beach Municipal Code (Purchasing) Changing the Informal and Formal Bid Limits and Other Minor Changes (Finance Director Moe). ADOPT ORDINANCE NO. 15-0007 Attachments: Ordinance No. 15-0007 This item was approved on the Consent Calendar. 7. Consideration of Resolution Increasing Parking Citation Penalties by RES 15-0047 Five Dollars as Approved in the Fiscal Year 2015-2016 Budget (Finance Director Moe). ADOPT RESOLUTION NO. 15-0047 Attachments: Resolution No. 15-0047 Schedule of Parking Citation Penalties This item was removed from the Consent Calendar and heard later under Section No. N. Items Removed from the Consent Calendar. 8. Reject all Bids for the Strand Stairs Rehabilitation Project 15-0342 (Public Works Director Olmos). APPROVE Attachments: Budget and Expenditures City of Manhattan Beach Page 4 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 This item was approved on the Consent Calendar. 9. Two-Year Cost Sharing Agreement Not-to-Exceed $34,456 for Beach CON 15-0021 Cities Transit Line 109 for Fiscal Years 15-16 and 16-17 with the Cities of Redondo Beach, Hermosa Beach and El Segundo (Community Development Director Lundstedt). APPROVE AND APPROPRIATE Attachments: Beach Cities Transit Line 109 Contributions 2006-2017 At Stop Signage Details Ridership Data Cost Sharing Agreement This item was removed from the Consent Calendar and heard later under Section No. N. Items Removed from the Consent Calendar. 10. Minutes: 15-0020 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 Regular Meeting of July 7, 2015 b) City Council Adjourned Regular Meeting-Closed Session and Study Session of July 8, 2015 (City Clerk Tamura). APPROVE Attachments: City Council Regular Meeting of July 7, 2015 City Council Adjourned Regular Meeting-Closed Session and Study Session of July 8, 2015 This item was removed from the Consent Calendar and heard later under Section No. N. Items Removed from the Consent Calendar. City of Manhattan Beach Page 5 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 L. PUBLIC HEARINGS 11. Conduct Public Hearing Regarding the Annual Storm Water Service RES 15-0025 Charge for Fiscal Year 2015-2016 (Finance Director Moe). a) CONDUCT A PUBLIC HEARING b) ADOPT RESOLUTION NO. 15-0025 Attachments: Resolution No. 15-0025 City Clerk Liza Tamura introduced this item and Finance Director Bruce Moe provided the staff presentation. Mayor Burton opened the public hearing. Seeing no requests to speak, Mayor Burton closed the public hearing. A motion was made by Councilmember Lesser, seconded by Councilmember Howorth, to adopt Resolution No.15-0025 regarding the Annual Storm Water Service Charge for Fiscal Year 2015-2016 . The motion carried by the following vote: Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell 12. Conduct Public Hearing and Adoption of Resolution No. 15-0044 for a RES 15-0044 Coastal Development Permit to Allow a Program for Recreational Beach Rentals and a Welcome/Information Center in the Sand Lot South of the Lower South Pier Parking Lot (Community Development Director Lundstedt and Parks and Recreation Director Leyman). ADOPT RESOLUTION NO. 15-0044 Attachments: Resolution No. 15-0044 Nikau Kai Waterman Shop Agreement to Operate Welcome/Information Center City Clerk Liza Tamura introduced the item. Parks and Recreation Director Mark Leyman introduced Parks and Recreation Services Manager Jessica Vincent who provided the staff presentation Parks and Recreation Director Leyman and Parks and Serivces Manager Vincent responded to City Council questions. Mayor Burton opened the public hearing. The following individuals provided public comment: In favor: Craig Cadwallader Jason Shanks Against: Bill Victor Martha Andreani Mr. Valentine Ginger Shearer Karol Wahlberg City of Manhattan Beach Page 6 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 Phil Ranger Viet Ngo Darryl Rose A motion was made by Mayor Burton, seconded by Councilmember Howorth, to direct the City Manager and Staff to explore the alternative location for a "Welcome Center and Kiosk" being a daily pop-up at the top of the stairs with a recreational beach facility to be located west of the bike path on the beach just south of the bottom of the stairs. A friendly amendment by Councilmember Lesser, accepted by the maker, was to include pro-active outreach to the residents, ADA compliance, and to find options for the current storage containers. The motion carried by the following vote: Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell At 8:00 PM City Council recessed and reconved at 8:12 PM with all Councilmembers present. M. GENERAL BUSINESS 13. Meeting Management Resolution (City Attorney Barrow/Assistant City RES 15-0048 Manager Nader). INVITE PUBLIC COMMENTS AND CONSIDER ADOPTING RESOLUTION NO. 15-0048 Attachments: Resolution No. 15-0048 Order of Business City Clerk Liza Tamura introduced this item and Assistant City Attorney Michael Estrada and City Manager Mark Danaj provided the staff presentation. City Manager Danaj and Assistant City Attorney Estrada responded to City Council questions. Mayor Burton opened the floor to public comment. The following individuals provided public comment: Esther Besbris Martha Andreani Bill Victor Craig Cadwallader Viet Ngo Diane Wallace Neil Gafney Seeing no further requests to speak, Mayor Burton closed the floor to public comment. Councilmember Lesser stated that he supports an exploration of how to improve public participation and how to end meetings earlier, but expressed concern about the hard meeting stop time of 10:30 PM. He also stated that he is not in favor of a single comment period or delegating to the Mayor how long an individual can speak. City of Manhattan Beach Page 7 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 Assistant City Attorney Estrada clarified that Item No.10 should read: "with the exception of items removed by a member of the City Council" not "with the exception of items removed by the City Council". A motion was made by Mayor Burton, seconded by Councilmember Howorth, to adopt Resolution No. 15-0048 as amended: 1. Community announcements should be limited to 1 minute. 2. Public comments at the beginning are limited to 2 minutes per item or a total of 5 minutes, includes the Consent Calendar. 3. Comments during Public Hearings are limited to 2 minutes except for the applicant or appellant. 4. Items not heard will be carried over to the next City Council Meeting under Old Business or to an agreed upon meeting by City Council. The motion carried by the following vote: Aye: 4- Burton, D'Errico, Howorth and Powell Nay: 1- Lesser Councilmember Howorth suggested a press release or some tiype of notification for the public. Councilmember Powell requested adding to the City Council Protocol. At 9:53 PM City Council recessed and reconvened at 10:00 PM with all Councilmembers present. 14. Amendment Extending the Term of Employment Agreement with City CON 15-0045 Manager Mark Danaj (City Attorney Barrow). APPROVE AMENDMENT OF EMPLOYMENT AGREEMENT WITH MARK DANAJ TO EXTEND THE TERM UNTIL JUNE 30, 2020 Attachments: City Manager Employment Agreement Amendment to City Manager Employment Agreement City Clerk Liza Tamura introduced this item and Assistant City Attorney Miichael Estrada gave a brief overview. Mayor Burton opened the floor to public comment. The following individuals provided public comment: Ed Caprielian Bill Victor Viet Ngo Seeing no further requests to speak, Mayor Burton closed the floor to public comment. City of Manhattan Beach Page 8 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem D'Errico, to approve an amendment extending the term of the Employment Agreement with City Manager Mark Danaj to 2020. The motion carried by the following vote: Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell N. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. Consideration of Resolution Increasing Parking Citation Penalties by RES 15-0047 Five Dollars as Approved in the Fiscal Year 2015-2016 Budget (Finance Director Moe). ADOPT RESOLUTION NO. 15-0047 Attachments: Resolution No. 15-0047 Schedule of Parking Citation Penalties City Clerk Liza Tamura introduced this item pulled by Councilmember Powell. Councilmember Powell voiced his reasons for pulling this item noting that he would be voting "no" because the purpose of raising the parking citations was to raise revenue and his opinion was that parking citations should not be used as a revenue raising prospect. He further stated that it wasn't the dollar amount and it is punitive. Mayor Burton opened the floor to public comment. Seeing no requests to speak, Mayor Burton closed the floor to public comment. A motion was made by Mayor Burton, seconded by Councilmember Howorth to adopt Resolution No. 15-0047 increasing Parking Citation Penalties by Five Dollars as Approved in the Fiscal Year 2015-2016 Budget. The motion carried by the following vote: Aye: 4- Burton, D'Errico, Lesser and Howorth Nay: 1- Powell 9. Two-Year Cost Sharing Agreement Not-to-Exceed $34,456 for Beach CON 15-0021 Cities Transit Line 109 for Fiscal Years 15-16 and 16-17 with the Cities of Redondo Beach, Hermosa Beach and El Segundo (Community Development Director Lundstedt). APPROVE AND APPROPRIATE Attachments: Beach Cities Transit Line 109 Contributions 2006-2017 At Stop Signage Details Ridership Data Cost Sharing Agreement City Clerk Liza Tamura introduced this item that was pulled by Councilmember Powell. Community Development Director Marisa Lundstedt and Beach Cities Transit Representative Joyce Rooney responded to City Council questions. City of Manhattan Beach Page 9 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 Mayor Burton opened the floor to public comment. The following individuals provided public comment: Jackie May Bill Victor Seeing no further requests to speak, Mayor Burton closed the floor to public comment. Councilmeber Powell commented a long standing concern of his that he is opposed to this item because there is no business plan/model. To vote "yes" the request should be for 1 year only, and that there should be a business plan to increase ridership (or keep it from decreasing), and how to cut cost. A motion was made by Councilmember Lesser, seconded by Councilmember Howorth, to 1.Approve a two-year cost sharing agreement for an amount not-to-exceed $34,456 for Beach Cities Transit Line 109 for Fiscal Years 2015-2016 and 2016-2017 with the Cities of Redondo Beach, Hermosa Beach and El Segundo contingent upon all cities participating; 2. Transfer $2,814 from the Measure R Fund to the Proposition A Fund; and 3. Appropriate $2,814 from Proposition A Funds to cover the balance of the FY 2015-2016 funding level. Two friendly amendments by Mayor Pro Tem D'Errico and Councilmember Powell, accepted by the maker, were to require Beach Cities Transit to return to City Council with a business plan and that the contract be for one year, not two years. The motion carried by the following vote: Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell 10. Minutes: 15-0020 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 Regular Meeting of July 7, 2015 b) City Council Adjourned Regular Meeting-Closed Session and Study Session of July 8, 2015 (City Clerk Tamura). APPROVE Attachments: City Council Regular Meeting of July 7, 2015 City Council Adjourned Regular Meeting-Closed Session and Study Session of July 8, 2015 City Clerk Liza Tamura introduced this item pulled by Viet Ngo. Mayor Burton opened the floor to public comment. The folllowing individuals provided public comment: Ed Capriellian Viet Ngo Bill Victor Seeing no further requests to speak, Mayor Burton closed the floor to public comment. A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem City of Manhattan Beach Page 10 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 D'Errico, to approve a) City Council Regular Meeting of July 7, 2015 b) City Council Adjourned Regular Meeting-Closed and Study Session of July 8, 2015. The motion carried by the following vote: Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell O. OPTIONAL ADDITIONAL PUBLIC COMMENTS ON NON-AGENDA ITEMS None. P. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS, FUTURE DISCUSSION ITEMS Councilmember Howorth and Mayor Burton requested that a discussion on the Drought Ordinance be agendized. Q. RECEIVE AND FILE ITEMS Mayor Burton opened the floor to public comment. The following indiviiduals provided public comment: Bill Victor Viet Ngo Seeing no further requests to speak, Mayor Burton closed the floor to public comment. A motion was made by Councilmember Howorth, seconded by Councilmember Powell, to Receive and File Item Nos. 15-17. Aye: 5- Burton, D'Errico, Lesser, Howorth and Powell 15. Planning Commission Approval of a Use Permit Amendment and a 15-0331 Categorical Exemption Under CEQA to Allow Instructional Alcohol Tastings for the Grocery Store and Full Alcohol Service for On-Site Consumption for the Existing Indoor Café at Bristol Farms, 1570 Rosecrans Avenue, Suite H (Community Development Director Lundstedt). RECEIVE AND FILE Attachments: Planning Commission Resolution No. PC 15-04 Planning Commission Draft Minutes, June 24, 2015 Planning Commission Staff Report and Attachments, June 24, 2015 This item was received and filed. 16. Financial Report: 15-0308 Schedule of Demands: June 18, 2015 (Finance Director Moe). RECEIVE AND FILE Attachments: Schedule of Demands for June 18, 2015 City of Manhattan Beach Page 11 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 This item was received and filed. 17. Commission Minutes: 15-0340 This Item Contains Minutes of City Commission Meetings. Staff Recommends that the City Council, by Motion, Take Action to Receive and File the Minutes of the: a) Parking and Public Improvements Commission Meeting of April 23, 2015 (Community Development Director Lundstedt). b) Parking and Public Improvements Commission Meeting of May 28, 2015 (Community Development Director Lundstedt). c) Finance Subcommittee Meeting of July 1, 2015 (Finance Director Moe). RECEIVE AND FILE Attachments: Parking and Public Improvements Commission Meeting Minutes of April 23, 2015 Parking and Public Improvements Commission Meeting Minutes of May 28, 2015 Finance Subcommittee Meeting Minutes of July 1, 2015 This item was received and filed. City of Manhattan Beach Page 12 City Council Regular Meeting Meeting Minutes - Final July 21, 2015 R. ADJOURNMENT At 10:50 PM Mayor Burton adjourned the July 21, 2015 Regular City Council Meeting to the 6:00 PM, August 4, 2015, Regular City Council Meeting to be held in the City Council Chambers, in said City. _____________________________ Tatyana Roujenova-Peltekova Recording Secretary _____________________________ Mark Burton Mayor ATTEST: _____________________________ Liza Tamura City Clerk City of Manhattan Beach Page 13