City Council Regular Meeting
Regular MeetingManhattan Beach, CA · July 19, 2016
Minutes
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
Meeting Minutes - Final
Tuesday, July 19, 2016
6:00 PM
Regular Meeting
City Council Chambers
City Council Regular Meeting
Mayor Tony D'Errico
Mayor Pro Tem David J. Lesser
Councilmember Amy Howorth
Councilmember Wayne Powell
Councilmember Mark Burton
City Council Regular Meeting Meeting Minutes - Final July 19, 2016
PLEASE NOTE THAT THE CITY ARCHIVES THE VIDEO RECORDINGS OF
ALL REGULAR CITY COUNCIL MEETINGS AND THE VIDEO FOR THIS
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COMPLETE RECORD OF THIS CITY COUNCIL MEETING, GO TO:
www.citymb.info/city-officials/city-clerk/city-council-meetings-agendas-an
d-minutes
A. PLEDGE TO THE FLAG
Mayor Pro Tem Lesser led the Pledge of Allegiance.
Councilmember Burton requested 30 seconds of silence for the Police Officers who
have lost their lives across the nation.
B. ROLL CALL
Present: 5 - Burton, Powell, Howorth, Lesser and Mayor D'Errico
C. CEREMONIAL CALENDAR
1. Presentation of Certificates of Recognition to the 2016 Graduating 16-0366
Class of the Manhattan Beach Community Emergency Response
Team (CERT).
PRESENT
Mayor D'Errico on behalf of the City Council, presented certificates of recognition to
the 2016 Graduating Class of the Manhattan Beach Community Emergency
Response Team.
President of the Manhattan Beach Community Emergency Response Team
Association George Butts announced that the next C.E.R.T. Training Classes will
take place from November 3 - November 6, 2016.
D. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
City Clerk Liza Tamura confirmed that the meeting was properly posted.
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
Councilmember Burton requested the following agenda changes:
Move Agenda Item No. 3 – Approve Continued Use of As-Needed Professional
Services Agreement with Quantum Quality Consulting, Inc. and SA Associates, Inc .
for Utility Design Services to be presented last under “Old Business”;
Move Agenda Item No. 4 – Creation of a Joint Powers Agency to Form the
Interoperability Network of the South Bay to be presented last under “New Business”;
and
Move Agenda Item No. 17 – Revised City Council Meeting Management Rules to be
presented first under “Old Business”
A motion was made by Councilmember Burton, seconded by Councilmember
Powell, 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. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS
OF UPCOMING EVENTS (1 MINUTE PER PERSON)
Melissa McCollum, Manager of the Manhattan Beach Library announced that 593
kids are tracking their reading during the Summer Reading Program and earning
prizes for this summer. All children are welcome to attend the Bubblemania Show on
July 20, 2016 at 11:00 AM and on July 27, 2016 at 11:00 AM for a special music
concert and that the Summer Reading Game Cards will end August 20, 2016.
Councilmember Powell reminded everyone about the Older Adult Program will be
having the "Outside the Lines : A Senior Art Show" from July 21, 2016 through
August 6, 2016 at the Art Center and the opening reception will be on July 21, 2016
from 5:00 PM - 7:00 PM. Thanked and supports fully the Manhattan Beach Police
Department for all their community service.
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
G. CITY MANAGER REPORT
City Manager Mark Danaj reported on the following items:
-the 57th Annual Manhattan Beach Open event and thanked the departments that
were involved in making this event a successful and safe event for the public;
-the water desalination and environmental impact report and how the City will be
using the information released by the West Basin report to hire consultants and assist
the City in the desalination project;
-the Gelson's Supermarket release of the mitigated negative declaration draft for
public review on July 21, 2016 and all public comments are welcomed from July 21,
2016 through August 20, 2016, copies will be available at City Hall, Police
Department, Fire Department, Library, Joslyn Community Center, and online; and
-the subcommittee and staff met with the Los Angeles Director this month to discuss
library finances, future program and service enhancements.
City Manager Danaj responded to City Council questions.
H. CITY ATTORNEY REPORT
None.
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
I. PUBLIC COMMENTS (3 MINUTES PER PERSON FOR ONE ITEM, A
MAXIMUM OF 6 MINUTES IF A SPEKER WANTS TO COMMENT ON MORE
THAN ONE ITEM)
Mayor D'Errico opened the floor to public comment.
The following individuals provided public comment:
Janet Murphy thanked the City Council for voting against the hotel and spoke on
Agenda Item No. 13 against a November 2016 City Council Election.
Martha Andreani spoke on Agenda Item No. 10 in support of the item, but opposed to
the memorial plaque. On Item No. 13 in support of SB415 and extending the terms of
City Councilmembers. She further added support for the ground floor usage in
downtown, thanked the Manhattan Beach Police Officers and Firefighters and said it
was a great Manhattan Beach Open.
Jeanne Hendricks supports extension of City Council terms, not reducing them.
Anne Kelly spoke on Agenda Item No. 8 and requested a 100% fee waiver for the Old
Hometown Fair.
Bill Victor remarked about a lack of handicap parking for the Manhattan Beach Open.
Kathy Clark reported that the residents of 7th Street are happy with the repairs done
to their street and asked about enacting parking limits during the Farmers Market.
Russ Lesser noted that he was a former City Councilmember and not in favor of
extending Councilmembers terms regarding Agenda Item No. 13.
Tony Choueke thanked the City Council for all of their responses to e-mails.
Craig Cadwallader mentioned a Town Hall Meeting this Thursday at the Joslyn
Community Center on Desalination.
Bob Holmes remarked that extending Councilmember terms was inappropriate.
Will Arvizo brought up pension shortfalls, and wants to see the website changed to
reflect correct dollars of what the City owes.
Seeing no further requests to speak, Mayor D'Errico closed the public comments.
J. PLANNING COMMISSION QUASI-JUDICIAL DECISIONS (RECEIVE AND
FILE)
2. Planning Commission Approval of a Coastal Development Permit for 16-0338
the construction of a new single family residence at 128 21st Street
(Community Development Director Lundstedt).
CONTINUED FROM THE JULY 5, 2016 CITY COUNCIL MEETING
BY ORDER OF THE CHAIR, RECEIVE AND FILE
By order of the Chair, report was received and filed.
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K. CONSENT CALENDAR (APPROVE)
Previously City Council made the following changes regarding "Consent" items.
Councilmember Burton requested the following agenda changes:
Move Agenda Item No. 3 – Approve Continued Use of As-Needed Professional
Services Agreement with Quantum Quality Consulting, Inc. and SA Associates, Inc .
for Utility Design Services to be presented last under “Old Business”; and
Move Agenda Item No. 4 – Creation of a Joint Powers Agency to Form the
Interoperability Network of the South Bay to be presented last under “New Business”
A motion was made by Councilmember Burton, seconded by Councilmember
Powell, to approved the Consent Calendar, Item Nos. 5-7. The motion carried
by the following vote:
Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico
3. Approve Continued Use of As-Needed Professional Services 16-0353
Agreement with Quantum Quality Consulting, Inc. and SA Associates,
Inc. for Utility Design Services (Interim Public Works Director Saenz).
APPROVE
Item has been moved to be presented as last item under "Old Business".
4. Creation of a Joint Powers Agency to Form the Interoperability 16-0350
Network of the South Bay (Fire Chief Espinosa).
APPROVE
Item has been moved to be presented as last item under "New Business".
5. Agreement with the Beach Cities Health District for Grant Funding for 16-0360
Paramedic Education and Medical Supplies (Fire Chief Espinosa).
APPROVE
The recommendation for this item was approved.
6. Financial Report: 16-0318
a) Schedule of Demands: June 23, 2016
b) Investment Portfolio for the Month Ending May 31, 2016
c) Month End Report for May 31, 2016
(Finance Director Moe).
ACCEPT REPORT AND DEMANDS
The recommendation for this item was approved.
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
7. City Council Minutes: 16-0351
This Item Contains Minutes of the following City Council Meeting:
a) City Council Regular Meeting Minutes of June 21, 2016
CONTINUE TO THE AUGUST 2, 2016 CITY COUNCIL MEETING
b) City Council Regular Meeting Minutes of July 5, 2016
CONTINUE TO THE AUGUST 2, 2016 CITY COUNCIL MEETING
c) City Council Adjourned Meeting - Closed Session Minutes of
July 7, 2016
APPROVE
d) City Council Adjourned Meeting - Boards & Commissions Interviews
Minutes of July 7, 2016
APPROVE
(City Clerk Tamura).
The recommendation for this item was approved.
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L. PUBLIC HEARINGS (3 MINUTES PER PERSON)
8. Adoption of Fiscal Year 2016-17 Through Fiscal Year 2018-2019 RES 16-0037
Citywide Cost Recovery Fees (Finance Director Moe).
a) CONDUCT PUBLIC HEARING
b) ADOPT RESOLUTION NO. 16-0037
Mayor D'Errico introduced the item.
Revenue Services Manager Steve Charelian provided the staff presentation.
Courtney Ramos Consultant from Matrix Consulting Group responded to City Council
questions.
Mayor D'Errico opened the floor for Public Comments and the following members of
the public provided comments:
Bill Victor spoke on the non-comparison to other municipalities and see how the City
measures to other cities.
Will Arvizo spoke on Proposition 218 and that spending should be limited within the
City.
Phil Reimert spoke on the confusion of tickets and fees within the City.
Mayor D'Errico closed the floor for Public Comments.
Consultant Ramos, City Manager Mark Danaj, Finance Director Bruce Moe,
Community Development Director Marisa Lundstedt and City Attorney Quinn Barrow
responded to City Council questions.
Councilmember Burton requested for staff to provide the City Council with a copy of
the Community Development Efficiency Report.
A motion was made by Councilmember Burton, seconded by Councilmember
Howorth, to adopt Resolution No. 16-0037 for Fiscal Year 2016-17 through
Fiscal Year 2018-19 Citywide cost recovery fees. The motion carried by the
following vote:
Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico
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9. Adoption of Annual Storm Water Service Fee for Fiscal Year RES 16-0025
2016-2017 (Finance Director Moe).
a) CONDUCT PUBLIC HEARING
b) ADOPT RESOLUTION NO. 16-0025
Mayor D'Errico introduced the item.
Finance Director Bruce Moe provided the staff presentation and responded to City
Council questions.
Mayor D'Errico opened the floor for Public Comments, seeing none he closed Public
Comments.
A motion was made by Councilmember Burton, seconded by Mayor Pro Tem
Lesser, to adopt Resolution No. 16-0025 regarding the annual storm water
service fee for fiscal year 2016-2017. The motion carried by the following vote:
Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico
At 7:22 PM City Council recessed and reconvened at 7:28 PM with all
Councilmembers present.
M. OLD BUSINESS
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17. Revised City Council Meeting Management Rules (City Clerk Tamura). RES 16-0049
ADOPT RESOLUTION NO. 16-0049
This item was pulled by Councilmember Burton to be presented as first item under
"Old Business".
Mayor D'Errico introduced the item.
City Attorney Quinn Barrow presented the staff presentation and responded to City
Council questions.
Mayor Pro Tem Lesser requested for the word "to" (page 319, "to extend the
meeting") to be removed from Section 2A to read, "extend the meeting". City Council
concurred.
Councilmember Burton concerned with the meetings ending at 11:30 PM,
recommended 11:00 PM.
Mayor D'Errico invited public comments:
Jan Dennis spoke on the elections item, will return to provide comment later during
Agenda Item No. 13.
Will Arvizo asked for clarification regarding the alloted minutes during public
comments and throughout the meeting.
Bill Victor asked for a staff presentation regarding the item.
Mayor D'Errico closed public comments.
City Council agreed that the changes made to the resolution are the right changes to
allow Public Comments throughout the meeting and having an 11:00 PM ending time
for the time but with the availability for City Council to vote and extend the meeting if
needed.
Motion by Councilmember Burton, seconded by Councilmember Powell, to
adopt Resolution No. 16-0049 City Council Meeting Management as amended
with a City Council Regular Meeting ending time at 11:00 PM. The motion
carried by the following vote:
Aye: 5 - Burton, Powell, Howorth, Lesser and Mayor D'Errico
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
10. Cooperative Agreement Between City of Manhattan Beach, CON 16-0025
Oceanographic Teaching Stations, Inc., and Harrison Greenberg
Foundation for Improvements to Roundhouse Aquarium (Interim Public
Works Director Saenz).
APPROVE
Mayor D'Errico introduced the item.
Mayor Pro Tem Lesser disclosed that he had made a contribution to the foundation,
which is a party to the agreement, but he felt that he could act impartial to the item
and the decisions made regarding Agenda Item No. 10 and decided that he will be
sitting for the proceeding.
Councilmember Howorth, Mayor D'Errico and Councilmember Powell disclosed that
individually they have met with the Greenberg Foundation and with the OTS to have
discussions.
Councilmember Burton disclosed that he too had made a personal donation and has
had discussions with both the Greenberg Foundation and OTS.
Interim Public Works Director Raul Saenz provided the staff presentation and
responded to City Council questions.
Mayor D'Errico invited public comments:
Bill Victor suggested a Cafe to be available for the visitors and would like for the
exterior of the Roundhouse not to change.
Will Arvizo spoke on the plaque and the previous plaques from donors at the
Roundhouse.
Mayor D'Errico closed public comments.
City Council thanked staff and everyone who has worked together regarding the
Roundhouse.
Mayor D'Errico requested recognition of Lynne Gross at a future City Council Meeting
for her participation and work done regarding the Roundhouse.
A motion was made by Councilmember Powell, seconded by Mayor Pro Tem
Lesser, to approve the cooperative agreement between City of Manhattan
Beach, Oceanographic Teaching Stations, Inc. and Harrison Greenberg
Foundation for Improvements to Roundhouse Aquarium, allow the City
Manager to approve and continue with the contract as amended and to
approve the transition for the Mayor Pro Tem Lesser's membership to the
subcommittee. The motion carried by the following vote:
Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico
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11. Award of Contract to NexLevel Information Technology, Inc. for CON 16-0020
Enterprise Resource Planning Software Consulting Services in the
amount of $61,415 (Information Technology Director Taylor).
CONTINUED FROM THE JULY 5, 2016 CITY COUNCIL MEETING
APPROVE;APPROPRIATE
Information Technology Director Sanford Taylor presented the PowerPoint
presentation.
Information Technology Director Taylor and Finance Director Bruce Moe responded
to City Council questions.
Mayor D'Errico invited public comments:
Bill Victor spoke on consultants hired by the City.
Mayor D'Errico closed public comments.
Mayor D'Errico addressed the hiring of consultants for the City regarding IT items.
A motion made by Councilmember Howorth, seconded by Mayor Pro Tem
Lesser, to approve the contract to NexLevel Information Technology, Inc. for
enterprise resource planning software consulting services in the amount of
$61,415. The motion carried by the following vote:
Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico
12. Appointment of Seat No. 5 of the Parks and Recreation Commission 16-0346
(Commissioner Thomas Allard) (City Clerk Tamura).
APPOINT
City Clerk Liza Tamura responded to the City Council question.
Mayor D’Errico provided brief description of the process taken by City Council.
Mayor D'Errico invited public comments. Seeing no requests to speak, he closed
public comments.
Motion made by Councilmember Burton, seconded by Councilmember Powell
to appoint Sue Allard to Seat No. 5 of the Parks and Recreation Commission.
The motion carried by the following vote:
Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico
Mayor D’Errico thanked all the candidates that interviewed for Seat No. 5.
Encouraged all interviewees to come back again for other seats that open in any of
the Commissions.
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13. Consideration of Potential Election Date Change Alternatives to Meet ORD 16-0014
the California Voter Participation Rights Act (California State Senate
Bill 415) Requirements for the City of Manhattan Beach Including
Introduction of Ordinance No. 16 0014 Changing the City’s Election
Date and Extending Current Elected Officials Terms by Eight Months
(City Clerk Tamura).
DISCUSS AND PROVIDE DIRECTION; WAIVE FURTHER READING
AND INTRODUCE ORDINANCE NO. 16-0014
Mayor D'Errico introduced the item.
City Clerk Liza Tamura provided the staff presentation.
City Attorney Quinn Barrow and City Clerk Tamura responded to City Council
questions.
Mayor D'Errico invited public comments:
Jan Dennis in support of extending the Councilmember terms.
Craig Cadwallder in support of extending the Councilmember terms.
Bill Victor in support of getting the highest voter turnout possible for any of the City
elections.
Mayor D'Errico closed public comments..
Councilmember Powell responded to comments made earlier by members of the
public.
Motion by Councilmember Howorth, seconded by Mayor Pro Tem Lesser, for staff to
come back with a draft resolution that includes option 1, that on the March 17 election
there will be three elected for three years and eight months and on the March 2019
election there will be two elected for three years and eight months terms.
City Clerk Tamura and City Attorney Barrow responded to City Council questions.
Substitute motion by Councilmember Burton, seconded by Mayor D'Errico, to place
ballot measure on the March 2017 elections and have the residents vote if Council
should decide for extended or short election terms.
Councilmember Powell does not agree with the substitute motion because he would
like to see the maximum voter turnout during the November election.
Councilmember Howorth agrees that it is important for public input but it will require a
lot of public outreach and does not support the substitute motion.
Mayor Pro Tem Lesser does not support the substitute motion but requested the
logistics of the substitute motion.
Councilmember Burton withdrew substitute motion.
Mayor D'Errico is concerned with the first motion because the November election
might still receive a low voter turnout, the substitute motion allowed for higher voter
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
turnout during the March elections.
All Councilmembers agreed that they were not attempting to extend their own terms
while making the decision for this item.
A motion by Councilmember Howorth, seconded by Mayor Pro Tem Lesser, for
staff to come back with a draft resolution that includes option 1, for staff to
come back with a draft resolution that includes option 1, that on the March 17
election there will be three councilmembers elected for three years and eight
months and on the March 2019 election there will be two Councilmembers
elected for three years and eight months terms. The motion carried by the
following vote:
Aye: 4- Lesser, Howorth, Powell and Burton
Nay: 1- D'Errico
14. Second Reading of Ordinance No. 16-0010 Prohibiting Targeted ORD 16-0010
Residential Picketing (City Attorney Barrow).
ADOPT ORDINANCE NO. 16-0010
City Attorney Quinn Barrow provided the staff presentation.
City Attorney Barrow and City Manager Mark Danaj responded to City Council
questions.
Mayor D'Errico invited public comments. Seeing no requests to speak, he closed
public comments.
Motion by Councilmember Howorth, seconded by Mayor Pro Tem Lesser, to adopt
Ordinance No. 16-0010 Prohibiting Targeted Residential Picketing.
Councilmember Burton wants the ordinance to provide more details and limitations as
to what officers should do.
Friendly amendment by Councilmember Burton to have the City Attorney, the Police
Chief and the Risk Manager to work together and include limited restrictions on the
ordinance.
Friendly amendment not accepted by Councilmember Howorth, the maker of the
motion.
Mayor D'Errico, Councilmember Burton and Councilmember Powell would like the
ordinance to contain more details and specifications.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem
Lesser, for the City Attorney to return and provide the Klein opinion and other
court opinions and options for narrowing the ordinance. The motion carried
by the following vote:
Aye: 5- Lesser, Howorth, Powell, Burton and D'Errico
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
At 9:49 PM City Council recessed and reconvened at 9:55 PM with all
Councilmembers present.
3. Approve Continued Use of As-Needed Professional Services 16-0353
Agreement with Quantum Quality Consulting, Inc. and SA Associates,
Inc. for Utility Design Services (Interim Public Works Director Saenz).
APPROVE
This item was pulled from "Consent" by Councilmember Burton.
City Manager Mark Danaj responded to City Council questions.
Councilmember Burton is concerned with the amounts of money that are coming
back for "as-needed" contracts at different times and there are projects that have not
been started.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem
Lesser, to approve Item No. 3, continued use of as needed professional
services agreement. The motion carried by the following vote:
Aye: 4 - Powell, Howorth, Lesser and Mayor D'Errico
Nay: 1 - Burton
N. NEW BUSINESS
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
15. Petition to File Late Claim for Refund of Underground Utilities, or, 16-0370
Alternatively, Petition for Reconsideration (City Attorney Barrow).
CONSIDER REQUEST AND PROVIDE DIRECTION
City Attorney Quinn Barrow provided a brief presentation and responded to City
Council questions. Mr. Sweeney donated $80,000 for engineering costs for an
undergrounding district that was dissolved.
Mayor D'Errico invited public comments:
Brian Sweeney provided details as to the circumstances and responded to City
Council questions.
Mayor D'Errico closed public comments.
City Attorney Barrow responded to City Council questions.
Each of the Councilmembers expressed sympathy for Mr. Sweeney.
Mayor Pro Tem Lesser and Councilmember Howorth each stated they would not like
for the City to open themselves for a lawsuit by accepting the late claim.
Mayor D'Errico and Councilmember Burton stated that, by granting leave, the Council
was not approving the clain, it will allow for the claim to follow the normal process.
A motion was made by Councilmember Burton, seconded by Mayor D’Errico, to
accept a late file claim petition for refund of the donation for Brian Sweeney.
The motion failed by the following vote:
Aye: 2 - Burton and Mayor D'Errico
Nay: 3 - Lesser, Howorth and Powell
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City Council Regular Meeting Meeting Minutes - Final July 19, 2016
4. Creation of a Joint Powers Agency to Form the Interoperability 16-0350
Network of the South Bay (Fire Chief Espinosa).
APPROVE
Item was pulled from "Consent" by Councilmember Burton.
Fire Chief Robert Espinosa presented the staff presentation.
Fire Chief Espinosa, City Manager Mark Danaj, and City Attorney Quinn Barrow
responded to City Council questions.
Mayor D'Errico invited public comments. Seeing no requests to speak, he closed
public comments.
Councilmember Burton requested for a joint meeting with Hermosa Beach to be
scheduled as soon as possible.
Councilmember Howorth suggested for an item presentation and not a full joint
meeting.
Mayor Pro Tem Lesser requested for discussion to begin as an agenda item and later
move forward to a joint/study session.
A motion was made by Mayor Pro Tem Lesser, seconded by Councilmember
Howorth, to approve the creation of a joint powers agency to form the
interoperbility network of the South Bay and agendize the item for discussion
of potential impacts to service delivery to Manhattan Beach if Hermosa Beach
no longer is an automatic aid partner, to begin the discussions which should
continue to a study session. The motion carried by the following vote:
Aye: 5 - Burton, Powell, Howorth, Lesser and Mayor D'Errico
O. CITY COUNCIL REPORTS, OTHER COUNCIL BUSINESS, AND
COMMITTEE AND TRAVEL REPORTS
Councilmember Howorth for the record stated that she handed documents from all
the meetings attended to the City Clerk's office.
Mayor Pro Tem Lesser attended the County Librarian meeting, would like for money
from the budget to be brought forward to the entire City Council in order for the
money to go to other groups.
P. FORECAST AGENDA AND FUTURE DISCUSSION ITEMS
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16. Agenda Forecast (City Clerk Tamura). 16-0355
DISCUSS AND PROVIDE DIRECTION
Councilmember Powell requested for the blight item to be presented on Aug. 16 as
first item under “Old Business”.
Mayor Pro Tem Lesser requested for the "Report on the Potential Impacts of Fire and
Medical Services in Manhattan Beach if Hermosa Beach Contracts Fire Services with
the Los Angeles County Fire Department" that was just discussed to return for
discussion.
City Manager Mark Danaj suggested August 2, 2016 and responded to City Council
questions.
Councilmember Howorth requested for the "Ordinance No. 16-0010 Prohibiting
Targeted Residential Picketing" to return on August 16, 2016.
City Attorney Quinn Barrow responded to the City Council questions and suggested
that the "Ten Day Report - IZO" be moved from "New Business" to "Consent" on the
August 2, 2016.
Councilmember Burton requested an update on "Short Term Rentals", to schedule an
Emergency Study Session regarding CALPers to discuss the impacts, and a status
report on Fire Station No. 2.
Councilmember Powell and Councilmember Burton requested for staff to come back
and present a report on the Hometown Fair fees.
Q. INFORMATIONAL ITEMS
17. Revised City Council Meeting Management Rules (City Clerk Tamura). RES 16-0049
ADOPT RESOLUTION NO. 16-0049
This item was pulled by Councilmember Burton and presented as the first item under
"Old Business".
R. CLOSED SESSION
None.
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S. ADJOURNMENT
At 10:57 PM Mayor D'Errico adjourned the meeting.
_____________________________
Martha Alvarez
Recording Secretary
_____________________________
Tony D'Errico
Mayor
ATTEST:
_____________________________
Liza Tamura
City Clerk
City of Manhattan Beach Page 18
Agenda
City Council Regular Meeting
Regular Meeting
Tuesday, July 19, 2016
6:00 PM
City Council Chambers
Mayor Tony D'Errico
Mayor Pro Tem David J. Lesser
Councilmember Amy Howorth
Councilmember Wayne Powell
Councilmember Mark Burton
Executive Team
Mark Danaj, City Manager
Quinn Barrow, City Attorney
Robert Espinosa, Fire Chief Nadine Nader, Assistant City Manager
Teresia Zadroga-Haase, Human Resources Director Raul Saenz, Interim Public Works Director
Eve R. Irvine, Police Chief Liza Tamura, City Clerk
Mark Leyman, Parks & Recreation Director Marisa Lundstedt, Community
Bruce Moe, Finance Director Development Director
Sanford Taylor, Information Technology Director
MISSION STATEMENT:
The City of Manhattan Beach is recognized for providing exemplary municipal services
and contributing to the exceptional quality of life afforded to residents, businesses
and visitors who enjoy living in and visiting California’s safest beach community
City Council Regular Meeting Agenda Final July 19, 2016
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, this agenda provides an early opportunity for public comments
under "Public Comments," at which time speakers may comment on any within the subject matter jurisdiction of
the City Council, including items on the agenda. In addition, speakers may comment during agenda items and
during any public hearing after the public hearing on those items have been opened.
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.
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. The City also provides closed captioning of all its Regular City Council Meetings for
the hearing impaired.
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
B. ROLL CALL
C. CEREMONIAL CALENDAR
1. Presentation of Certificates of Recognition to the 2016 Graduating Class 16-0366
of the Manhattan Beach Community Emergency Response Team
(CERT).
PRESENT
D. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Liza Tamura, City Clerk of the City of Manhattan Beach, California, state under penalty of perjury that this
notice/agenda was posted on Wednesday, July 13, 2016, on the City's Website and on the bulletin boards of City
Hall, Joslyn Community Center and Manhattan Heights.
E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES
By motion of the City Council, this is the time to: (a) notify the public of any changes to the agenda; (b) remove
items from the consent calendar for individual consideration; or (c) rearrange the order of the agenda.
F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF
UPCOMING EVENTS (1 MINUTE PER PERSON)
City Councilmembers and community organization representatives may inform the public about upcoming events.
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G. CITY MANAGER REPORT
H. CITY ATTORNEY REPORT
I. PUBLIC COMMENTS (3 MINUTES PER PERSON FOR ONE ITEM, A MAXIMUM
OF 6 MINUTES IF A SPEKER WANTS TO COMMENT ON MORE THAN ONE ITEM)
Speakers may provide public comments on any matter that is within the subject matter jurisdiction of the City
Council, including items on the agenda. The Mayor may determine whether an item is within the subject matter
jurisdiction of the City Council. While all comments are welcome, the Brown Act does not allow City Council to
take action on any item not on the agenda. Each speaker may speak for up to 3 minutes per matter, up to a total
of 6 minutes if a speaker wants to comment on more than one matter. With respect to non-public hearing
agenda items, speakers may provide their comments or at the time the agenda item is being considered. This is
also the time for speakers to comment on items on the consent calendar that have not been previously removed
by the City Council for individual consideration. For public hearings, speakers are encouraged to speak during
the public hearing, if they want their comments to be included in the record for the public hearing.
Please complete the “Request to Address the City Council” card by filling out your name, city of residence, the
item(s) you would like to offer public comment, and returning it to the City Clerk.
J. PLANNING COMMISSION QUASI-JUDICIAL DECISIONS (RECEIVE AND FILE)
This is an opportunity for a Councilmember to submit a written request that the City Council review the Planning
Commission decision, in which case a duly noticed public hearing on the matter will be scheduled for a later date.
In the absence of a written request, the matter will be received and filed by order of the chair.
The Planning Commission recently took action on the following matter(s):
2. Planning Commission Approval of a Coastal Development Permit for the 16-0338
construction of a new single family residence at 128 21st Street
(Community Development Director Lundstedt).
CONTINUED FROM THE JULY 5, 2016 CITY COUNCIL MEETING
BY ORDER OF THE CHAIR, RECEIVE AND FILE
Attachments: Planning Commission Staff Report and Attachments - June 22, 2016
Final Coastal Development Permit CA 15-41
Planning Commission Draft Minutes - June 22, 2016
Project Plans
K. CONSENT CALENDAR (APPROVE)
Items on the “Consent Calendar” are routine and customary business items and will be enacted with one vote.
Removal of items from the Consent Calendar for individual consideration will be at a City Councilmember’s
discretion. In such case, the item will be heard during general business.
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3. Approve Continued Use of As-Needed Professional Services Agreement 16-0353
with Quantum Quality Consulting, Inc. and SA Associates, Inc. for Utility
Design Services (Interim Public Works Director Saenz).
APPROVE
Attachments: Quantum & SAA Task Order Summary
4. Creation of a Joint Powers Agency to Form the Interoperability Network 16-0350
of the South Bay (Fire Chief Espinosa).
APPROVE
Attachments: INSB JPA Projected Costs
Interoperability Network of the South Bay JPA Agreement
5. Agreement with the Beach Cities Health District for Grant Funding for 16-0360
Paramedic Education and Medical Supplies (Fire Chief Espinosa).
APPROVE
Attachments: Beach Cities Health District Grant FY 2016-2017
6. Financial Report: 16-0318
a) Schedule of Demands: June 23, 2016
b) Investment Portfolio for the Month Ending May 31, 2016
c) Month End Report for May 31, 2016
(Finance Director Moe).
ACCEPT REPORT AND DEMANDS
Attachments: Schedule of Demands for June 23, 2016
Investment Portfolio for the Month Ending May 31, 2016
Month End Report for May 31, 2016
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7. City Council Minutes: 16-0351
This Item Contains Minutes of the following City Council Meeting:
a) City Council Regular Meeting Minutes of June 21, 2016
CONTINUE TO THE AUGUST 2, 2016 CITY COUNCIL MEETING
b) City Council Regular Meeting Minutes of July 5, 2016
CONTINUE TO THE AUGUST 2, 2016 CITY COUNCIL MEETING
c) City Council Adjourned Meeting - Closed Session Minutes of
July 7, 2016
APPROVE
d) City Council Adjourned Meeting - Boards & Commissions Interviews
Minutes of July 7, 2016
APPROVE
(City Clerk Tamura).
Attachments: City Council Regular Meeting Minutes of June 21, 2016
City Council Regular Meeting Minutes of July 5, 2016
City Council Adjourned Meeting - Boards and Commissions Interviews Minutes of July 7, 2016
City Council Adjourned Meeting - Closed Sessio Minutes of July 7, 2016
L. PUBLIC HEARINGS (3 MINUTES PER PERSON)
8. Adoption of Fiscal Year 2016-17 Through Fiscal Year 2018-2019 RES 16-0037
Citywide Cost Recovery Fees (Finance Director Moe).
a) CONDUCT PUBLIC HEARING
b) ADOPT RESOLUTION NO. 16-0037
Attachments: Resolution No. 16-0037
Citywide Cost Recovey Fee Study Update Results Memorandum (Matrix Consulting)
Fiscal Years 2017-2019 Cost Recovery Fee Schedule (Attachment A)
9. Adoption of Annual Storm Water Service Fee for Fiscal Year 2016-2017 RES 16-0025
(Finance Director Moe).
a) CONDUCT PUBLIC HEARING
b) ADOPT RESOLUTION NO. 16-0025
Attachments: Resolution No. 16-0025
M. OLD BUSINESS
10. Cooperative Agreement Between City of Manhattan Beach, CON 16-0025
Oceanographic Teaching Stations, Inc., and Harrison Greenberg
Foundation for Improvements to Roundhouse Aquarium (Interim Public
Works Director Saenz).
APPROVE
Attachments: Roundhouse Aquarium Cooperative Agreement
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11. Award of Contract to NexLevel Information Technology, Inc. for CON 16-0020
Enterprise Resource Planning Software Consulting Services in the
amount of $61,415 (Information Technology Director Taylor).
CONTINUED FROM THE JULY 5, 2016 CITY COUNCIL MEETING
APPROVE;APPROPRIATE
Attachments: RFP #1053-16 ERP Software Consulting Services Comparison
Professional Services Agreement with NexLevel Information Technology, Inc.
ERP Software Consulting Services Presentation
12. Appointment of Seat No. 5 of the Parks and Recreation Commission 16-0346
(Commissioner Thomas Allard) (City Clerk Tamura).
APPOINT
Attachments: Advertisements from The Beach Reporter, Published May 12, 2016 and May 19, 2016
13. Consideration of Potential Election Date Change Alternatives to Meet the ORD 16-0014
California Voter Participation Rights Act (California State Senate Bill 415)
Requirements for the City of Manhattan Beach Including Introduction of
Ordinance No. 16 0014 Changing the City’s Election Date and Extending
Current Elected Officials Terms by Eight Months (City Clerk Tamura).
DISCUSS AND PROVIDE DIRECTION; WAIVE FURTHER READING
AND INTRODUCE ORDINANCE NO. 16-0014
Attachments: Ordinance No. 16-0014
Advertisements in June 23, 2016, June 30, 2016, and July 14, 2016 Editions of the
Open City Hall Forum Responses
PowerPoint Presentation from June 7, 2016 City Council Meeting
Public Comment - Tim Lilligren
Public Comment - Jan Dennis
14. Second Reading of Ordinance No. 16-0010 Prohibiting Targeted ORD 16-0010
Residential Picketing (City Attorney Barrow).
ADOPT ORDINANCE NO. 16-0010
Attachments: Ordinance No. 16-0010
N. NEW BUSINESS
15. Petition to File Late Claim for Refund of Underground Utilities, or, 16-0370
Alternatively, Petition for Reconsideration (City Attorney Barrow).
CONSIDER REQUEST AND PROVIDE DIRECTION
Attachments: May 9, 2016 letter from Brian A. Sweeney
November 16, 2010 letter from City Attorney Robert V. Wadden, Jr.
November 12, 2010 claim
Excerpt from City Council minutes of November 21, 2006 Council meeting
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O. CITY COUNCIL REPORTS, OTHER COUNCIL BUSINESS, AND COMMITTEE
AND TRAVEL REPORTS
P. FORECAST AGENDA AND FUTURE DISCUSSION ITEMS
16. Agenda Forecast (City Clerk Tamura). 16-0355
DISCUSS AND PROVIDE DIRECTION
Attachments: July 13, 2016 Agenda Forecast
Q. INFORMATIONAL ITEMS
This section is for items that do not require City Council action.
17. Revised City Council Meeting Management Rules (City Clerk Tamura). RES 16-0049
ADOPT RESOLUTION NO. 16-0049
Attachments: Legislative Digest Resolution No. 16-0049
Draft Resolution No. 16-0049
R. CLOSED SESSION
S. ADJOURNMENT
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City Council Regular Meeting Agenda Final July 19, 2016
T. FUTURE MEETINGS
CITY COUNCIL MEETINGS
Aug. 2, 2016 – Tuesday -- 6:00 PM - City Council Meeting
Aug. 16, 2016 – Tuesday -- 6:00 PM - City Council Meeting
Sep. 6, 2016 – Tuesday -- 6:00 PM - City Council Meeting
Sep. 20, 2016 – Tuesday -- 6:00 PM - City Council Meeting
Oct. 4, 2016 - Tuesday -- 6:00 PM - City Council Meeting
Oct. 18, 2016 - Tuesday -- 6:00 PM - City Council Meeting
Nov. 1, 2016 - Tuesday -- 6:00 PM - City Council Meeting
Nov. 15, 2016 - Tuesday -- 6:00 PM - City Council Meeting
BOARDS, COMMISSIONS AND COMMITTEE MEETINGS
July 25, 2016 - Monday - 6:30 PM - Parks and Recreation Commission Meeting
July 27, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
July 28, 2016 - Thursday - 6:30 PM - Parking & Public Improvements Commission Meeting
August 8, 2016 - Monday - 6:30 PM - Library Commission Meeting
August 9, 2016 - Tuesday - 6:00 PM - Cultural Arts Commission Meeting
August 10, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
August 15, 2016 - Thursday - 8:30 AM - Finance Subcommittee Meeting
August 22, 2016 - Monday - 6:30 PM - Parks and Recreation Commission Meeting
August 24, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
August 25, 2016 - Thursday - 6:30 PM - Parking & Public Improvements Commission Meeting
September 12, 2016 - Monday - 6:30 PM - Library Commission Meeting
September 13, 2016 - Tuesday - 6:00 PM - Cultural Arts Commission Meeting
September 14, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
September 22, 2016 - Thursday - 6:30 PM - Parking & Public Improvements Commission Meeting
September 26, 2016 - Monday - 6:30 PM - Parks and Recreation Commission Meeting
September 28, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
October 11, 2016 - Tuesday - 6:00 PM - Cultural Arts Commission Meeting
October 12, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
October 24, 2016 - Monday - 6:30 PM - Parks and Recreation Commission Meeting
October 26, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
October 27, 2016 - Thursday - 6:30 PM - Parking & Public Improvements Commission Meeting
November 8, 2016 - Tuesday - 6:00 PM - Cultural Arts Commission Meeting
November 9, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
November 14, 2016 - Monday - 6:30 PM - Library Commission Meeting
November 23, 2016 - Wednesday - 6:30 PM - Planning Commission Meeting
November 28, 2016 - Monday - 6:30 PM - Parks and Recreation Commission Meeting
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U. CITY OFFICES CLOSED
CITY HOLIDAYS:
Sep. 5, 2016 - Monday - Labor Day
Oct. 10, 2016 – Monday – Columbus Day
Nov. 11, 2016 – Friday – Veterans Day
Nov. 24-25, 2016 - Thursday & Friday - Thanksgiving Holiday
Dec. 26, 2016 - Monday - Christmas Day Observed
Jan. 2, 2017 – Monday – New Years Day Observed
Jan. 16, 2017 – Monday – Martin Luther King Day
Feb. 20, 2017 - Monday - Presidents Day
May 29, 2017 – Monday – Memorial Day
July 4, 2017 - Tuesday - Independence Day
CITY OFFICES CLOSED ON FOLLOWING ALTERNATIVE FRIDAYS:
July 22, 2016 - Friday
Aug. 5, 2016 - Friday
Aug. 19, 2016 - Friday
Sep. 2, 2016 - Friday
Sep. 16, 2016 - Friday
Sep. 30, 2016 - Friday
Oct. 14, 2016 - Friday
Oct. 28, 2016 - Friday
Nov. 11, 2016 - Friday
Nov. 23, 2016 - Friday
Dec. 9, 2016 - Friday
Dec. 23, 2016 - Friday
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