Watch this Meeting's Video

CITY OF MANHATTAN BEACH

 

REGULAR MEETING OF THE CITY COUNCIL

 

SEPTEMBER 7, 2010

 

6:00 P.M. Adjourned Regular Meeting

Council Chambers

1400 Highland Avenue

 

Closed Session for the Following Purposes

 

(SEE SEPARATE CLOSED SESSION AGENDA)

 

6:30 P.M. Regular Council Meeting

Council Chambers

1400 Highland Avenue


A G E N D A

 

WELCOME . . . 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 at two places on the agenda ‑‑ once following the “Consent Calendar” under “Community Announcements,” at which time citizens may address the City Council concerning any brief item of community interest not on the agenda and not-to-exceed one minute in duration for any speaker; and again directly following “Community Announcements,” under “Audience Participation,” at which time citizens may address the City Council on any matter of City business not on the agenda with each speaker limited to three minutes.  There is a total of fifteen minutes reserved for “Audience Participation” and, at the Mayor’s discretion, priority will be given to those citizens that have not previously spoken during a recent City Council meeting.

 

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 world wide web at www.citymb.info, at the County Library located at 1320 Highland Avenue, 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 310/ 802-5056 to make an inquiry concerning the nature of the item described on the agenda.

 

All Public Hearing and General Business agenda items which have not been introduced by 10:30 p.m. will be continued to the next Regular City Council meeting, or to such other time set by the City Council prior to adjournment, unless the Council votes to suspend this rule.

 

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.

 

Your City government welcomes your interest and hopes you will attend the Manhattan Beach City Council meetings often

 

THE RECOMMENDED COUNCIL ACTION IS LISTED IMMEDIATELY AFTER THE TITLE OF EACH ITEM IN BOLD CAPITAL LETTERS.

 

A.

PLEDGE TO FLAG – Public Works Director Jim Arndt

 

B.

ROLL CALL

 

C.

CEREMONIAL CALENDAR

 

 

 

09/07/10-1.

Presentation of the “Person of the Month” Award to Beverly Rohr for Her Lifetime Achievement in Local Education.

RECOMMENDATION: PRESENT

 

 

09/07/10-2.

Presentation of “Person of the Month” Awards to Mark McDonald, Dr. David Austin and Dr. Brad Thue for Their Efforts in Saving a Child on the Beach.

RECOMMENDATION: PRESENT

 

 

09/07/10-3.

 

Presentation of a Proclamation Declaring the Week of November 4, 2010 as the Manhattan Beach Education Foundation Pledge Day.

RECOMMENDATION: PRESENT

D.

CONSENT CALENDAR (ITEM NOS. 4 – 30)

 

 

 

NOTICE TO THE PUBLIC

 

 

 

The “Consent Calendar” adopting the printed Recommended City Council Action will be enacted with one vote. The Mayor will first ask the staff, the public, and the Councilmembers 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.

 

 

GENERAL CONSENT

 

 

 

09/07/10-4.

Approve Minutes of the Special City Council Closed Session Meeting of July 30, 2010.

RECOMMENDATION: APPROVE

 

 

09/07/10-5.

Approve Minutes of the City Council Regular Meeting of August 3, 2010. RECOMMENDATION: APPROVE

 

 

09/07/10-6.

Approve Minutes of the Special City Council Closed Session Meeting of August 4, 2010.

RECOMMENDATION: APPROVE

 

 

09/07/10-7.

Approve Minutes of the Special City Council Closed Session Meeting of August 25, 2010.

RECOMMENDATION: APPROVE

 

 

09/07/10-8.

Approve Minutes of the Special City Council Closed Session Meeting of August 27, 2010.

RECOMMENDATION: APPROVE

 

 

09/07/10-9.

Consideration of Adoption of an Ordinance Revising Section 3.56 of the Manhattan Beach Municipal Code Regarding Alarm Systems.

RECOMMENDATION: ADOPT ORDINANCE NO. 2134

 

 

09/07/10-10.

Consideration of a Resolution Adopting the 2010 Conflict of Interest Code for the City of Manhattan Beach.

RECOMMENDATION: ADOPT RESOLUTION NO. 6273

 

 

09/07/10-11.

Consideration of Resolution Adding Additional Signatories to the CalPERS Employer Benefit Trust Account for the City's Retiree Medical Benefits Program in Order to Process Reimbursements to the City for Benefit.

RECOMMENDATION: ADOPT RESOLUTION NO. 6274

 

09/07/10-12.

Consideration of Financial Reports:

a)   Ratification of Demands: August 5, 2010, August 19, 2010 and September 2, 2010.

RECOMMENDATION: APPROVE

b)   Portfolio for the Month Ending July 31, 2010.

      RECOMMENDATION: RECEIVE AND FILE

c)      Financial Reports for the Month Ending July 31, 2010.

      RECOMMENDATION: RECEIVE AND FILE

 

 

09/07/10-13.

Consideration of Modifications to the City’s Rules and Regulations and the Teamsters Memorandum of Understanding as Follows:

a)   Modifications to the City’s Rules and Regulations Clarifying Eligibility and Employee Contributions for Part Time Employees;

      RECOMMENDATION: ADOPT RESOLUTION NO. 6272

b)   Update of the Rules and Regulations Definition of Temporary Employees;

      RECOMMENDATION: ADOPT RESOLUTION NO. 6272

c)   Temporary Suspension of the Rules and Regulations Requirement Providing Management/Confidential Employees with a Medical Insurance Cafeteria Contribution Equal to the PERS Choice Medical Premium for Fiscal Year 2010-2011;

      RECOMMENDATION: ADOPT RESOLUTION NO. 6272

d)  Authorize the City Manager to Negotiate and Execute a Side Letter Agreement to the Teamsters Memorandum of Understanding Expanding the Use of an Alternate Work Schedule (9/80) for Police Department Secretarial Staff.

      RECOMMENDATION: APPROVE

 

 

09/07/10-14.

Consideration of the Parks and Recreation Commission Recommendation to Expand the List of Drought Tolerant Trees in the City of Manhattan Beach Tree and Bench Donation Program.

RECOMMENDATION: APPROVE

 

 

09/07/10-15.

Consideration of the Cultural Arts Commission’s Recommendation for Eight Sculptures for the 2010 Sculpture Garden. 

RECOMMENDATION: APPROVE

 

 

09/07/10-16.

Consideration of Renewal of a One-Year Fire Department Records Management System Maintenance Contract with Fire Information Support Services, Inc. in the Amount of $25,875, No Increase Over Last Year.  

RECOMMENDATION: APPROVE

 

 

09/07/10-17.

Consideration of Amendment to a Services Agreement with U.C.L.A. to Provide Continuing Education and Quality Improvement to the Fire Department Paramedics in the Amount of $27,605.88 Per Year for the Next Two Years, No Increase Over Last Year.

RECOMMENDATION: APPROVE

 

09/07/10-18.

Consideration of an Amendment to the Refuse Franchise Agreement with Waste Management Allowing an Optional Contract Extension Not to Exceed Six Months at $60,000 per Month, or $360,000 Total, to be Allocated from Refuse Fund Reserves. 

RECOMMENDATION:

a)  APPROVE

b)  APPROPRIATE $360,000 FROM THE REFUSE FUND

 

 

09/07/10-19.

Consideration to Approve Progress Payment No. 1 in the Net Amount of $196,586.55 to American Asphalt South, Inc. for the 2010 Slurry Seal Project.  

RECOMMENDATION: APPROVE

 

 

09/07/10-20.

Consideration to Approve Progress Payment No. 1 in the Net Amount of $37,784.00 to Industry Coatings Inc. for the Maintenance Painting of Lot 3 and the State Pier Project.

RECOMMENDATION: APPROVE

 

 

09/07/10-21.

Consideration to Authorization to Approve Award of Contract ($54,806.22) to T.E. Roberts Inc. for the Replacement of Water Flow Control Equipment at the Intersection of Manhattan Beach Boulevard and Redondo Avenue as Needed to Control Imported Water Flows from the Metropolitan Water District. 

RECOMMENDATION: APPROVE

 

 

09/07/10-22.

Consideration to Approve Final Payment in the Net Amount of $179,923.15 to All American Asphalt for the Highland Avenue Resurfacing Project; Formally Accept the Highland Avenue Resurfacing Project as Complete; Approve Change Orders; Authorize Filing of the Appropriate Notice of Completion and Release of Retention in the Amount of $62,560.71.    

RECOMMENDATION: APPROVE

 

 

09/07/10-23.

Consideration to Approve Final Payment in the Net Amount of $44,100 to Belaire-West Landscaping, Inc. for the Sand Dune Slope Restoration Project;  Formally Accept  the Sand Dune Slope Restoration Project as Complete; Authorize Filing of the Appropriate Notice of Completion and Release of Retention in the Amount of $4,900.

RECOMMENDATION:  APPROVE

 

 

09/07/10-24.

Consideration to Approve Progress Payment No. 5 in the Net Amount of $243,729.00 to T.E. Roberts, Inc. for the 2007-10 Water Main Replacement Project.  

RECOMMENDATION: APPROVE

 

 

 

BOARDS AND COMMISSIONS

 

 

Cultural Arts Commission

 

 

 

09/07/10-25.

Consideration of Draft Minutes, Cultural Arts Commission Meeting of July 19, 2010.

RECOMMENDATION: RECEIVE AND FILE

 

 

09/07/10-26.

Consideration of Draft Minutes, Cultural Arts Commission Meeting of August 10, 2010.

RECOMMENDATION: RECEIVE AND FILE

 

 

Parks and Recreation Commission

 

 

 

09/07/10-27.

Consideration of Minutes, Parks and Recreation Commission Meeting of July 26, 2010.

RECOMMENDATION: RECEIVE AND FILE

 

 

Parking & Public Improvements Commission

 

 

 

09/07/10-28.

Consideration of Action Minutes, Parking and Public Improvements Commission Meeting of July 22, 2010.

RECOMMENDATION: RECEIVE AND FILE

 

 

Planning Commission

 

 

 

09/07/10-29.

Consideration of Action Minutes, Planning Commission Meeting of August 25, 2010.

RECOMMENDATION: RECEIVE AND FILE

 

 

09/07/10-30.

Consideration of Planning Commission Decision to Deny An Appeal of an Administrative Decision Denying a Lower Garage Floor Elevation and Other Garage Modifications for a New Single Family Residence at 626 Rosecrans Avenue, Thereby Upholding the Decision of the Acting Community Development Director.

RECOMMENDATION: RECEIVE AND FILE

 

E.

COMMUNITY ANNOUNCEMENTS (One Minute Limit)

 

 

 

This portion of the meeting is to provide an opportunity for citizens to address the City Council regarding community announcements.  The duration for an individual speaking under “Community Announcements” is limited to one minute.  A second, extended opportunity to speak is provided under Section F, “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!

 

 F.

AUDIENCE PARTICIPATION (Fifteen Minute Limit – Three Minutes Per Person)

 

 

 

Citizens may address the City Council regarding any item of City business not on the agenda.  The duration for an individual speaking under “Audience Participation” is limited to three minutes.  While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda.  At the discretion of the Mayor, priority will be given to those citizens that have not spoken at a recent City Council meeting.  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!

 

G.

PUBLIC HEARINGS

 

 

 

09/07/10-31.

Consideration of An Appeal of Limited Conditions of a Planning Commission Decision to Approve a Master Use Permit Amendment for Modifications to the Hours of Operation, Notification for Special Events, and Restaurant Operations and Denying a Height Variance at the Shade Hotel, Metlox Site, 1221 North Valley Drive.

RECOMMENDATION:

a)     CONDUCT PUBLIC HEARING

b)     UPHOLD APPEAL AND REVISE LIMITED CONDITIONS

c)      ADOPT RESOLUTION NO. 6275

d)     AUTHORIZE CITY MANAGER TO APPROVE AMENDMENT TO DDA AS NECESSARY

 

H.

GENERAL BUSINESS

 

 

 

09/07/10-32.

Consideration to Approve the Solid Waste Request For Proposal (RFP) for Public Distribution to Interested Waste Haulers. (Continued from the August 3, 2010 City Council Meeting).

RECOMMENDATION: Approve

 

 

09/07/10-33.

Consideration of an Automated Bike Rental Station at the Pier and Discussion of Related Policy Issues.

RECOMMENDATION: DISCUSS AND PROVIDE DIRECTION

 

 

09/07/10-34.

Consideration of an Ordinance Establishing a Non Exclusive-Pickup Provision for Taxicabs Operating Within Manhattan Beach.

RECOMMENDATION:

a)   INTRODUCE ORDINANCE NO. 2135

b)   WAIVE FURTHER READING

 

 

09/07/10-35.

Consideration of a Request from TEDxManhattanBeach to Serve Beer and Wine During Their Monthly Meetings at the Manhattan Beach Creative Arts Center.

RECOMMENDATION: APPROVE

 

 

 

I.

ITEMS REMOVED FROM THE CONSENT CALENDAR

 

 

 

Items removed from the Consent Calendar will be discussed individually at this time. The Mayor, with the consent of the Council, may impose a time limit on speakers addressing these issues.  The audience may comment on any of these matters, however for Public Hearing items, testimony will be limited to arguments about whether or not the item should be appealed -- the merits of the case will not be discussed.

 

J.

CITY MANAGER REPORT(S)

 

 

 

K.

OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS

 

L.

ADJOURNMENT

 

 

Tuesday, September 21, 2010

6:30 p.m.

Regular City Council Meeting

 

Tuesday, September 28, 2010

TBD

CIP Study Session

 

Tuesday, October 5, 2010

6:30 p.m.

Regular City Council Meeting

 

Tuesday, October 19, 2010

6:30 p.m.

Regular City Council Meeting

 

Tuesday, November 2, 2010

6:30 p.m.

Regular City Council Meeting

 

Tuesday, November 16, 2010

6:30 p.m.

Regular City Council Meeting


 

CITY OF MANHATTAN BEACH

 

CLOSED SESSION AGENDA

 

TUESDAY, SEPTEMBER 7, 2010 - 6:00 P.M.

 

 

CITY COUNCIL CHAMBERS

1400 HIGHLAND AVENUE

MANHATTAN BEACH, CA  90266

 

 

A.

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:

 

 

 

1.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

 

Significant Exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 (two cases).

 

 

 

 

 

2.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

 

Discussion of pending litigation Pursuant to Subdivision (a) of Government Code Section 54956.9.

 

Vasquez v. City of Manhattan Beach (Workers’ Comp.)

 

 

 

 

3.

DISCUSSION REGARDING THE CITY MANAGER POSITION

(Government Code Section 54957)

 

B.

RECESS INTO CLOSED SESSION

 

C.

RECONVENE INTO OPEN SESSION

 

D.

ORAL ANNOUNCEMENTS

 

E.

ADJOURNMENT