CITY OF MANHATTAN BEACH

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 15^th 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 by a 4 /5 vote.

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

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 FLAG – Brynn Eichenlaub, 5^th Grade, Pennekamp Elementary School

B.	ROLL CALL

C.	CLOSED SESSION ANNOUNCEMENT
D.	CEREMONIAL CALENDAR

	12/06/11-1.	Presentation of Certificates to the Winners of the 2011 Manhattan Beach Library Children’s Bookmark Contest. RECOMMENDATION: PRESENT

E.	CONSENT CALENDAR (ITEM NOS. 2 - 11)

	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*

	12/06/11-2.	Minutes: This item contains minutes of City Council meetings which are presented for approval [(a)] and minutes from City Council subcommittees and from other City commissions and committees [(b)-(d)] which are presented to be received and filed by the Council. Staff recommends that the City Council by motion take action to: a) Approve Minutes of the City Council Meeting (Closed Session) and Regular City Council Meeting of November 15, 2011. RECOMMENDATION: APPROVE b) Receive and File Minutes of the Ad Hoc Open Government Subcommittee of October 25, 2011. RECOMMENDATION: RECEIVE AND FILE c) Receive and File Draft Minutes of the Centennial Committee Meeting of November 14, 2011. RECOMMENDATION: RECEIVE AND FILE d) Consideration of Minutes, Environmental Task Force Meeting of October 26, 2011. RECOMMENDATION: RECEIVE AND FILE
	12/06/11-3.	Financial Reports: a) Ratification of Demands: November 23, 2011. RECOMMENDATION: APPROVE b) Investment Portfolio for the Month Ending October 31, 2011. RECOMMENDATION: RECEIVE AND FILE c) Financial Reports for the Month Ending October 31 2011. RECOMMENDATION: RECEIVE AND FILE
	12/06/11-4.	Ratification of Motor Fuel Purchase from Southern Counties Oil in the Amount of $28,438.34. RECOMMENDATION: APPROVE
	12/06/11-5.	Grant Funded Purchase of Energy Efficient Walk Street Replacement Lights from Walters Wholesale Electric in the Amount of $39,737.25 and Appropriation of $137,212.34 from Available Unreserved General Fund Monies for Completion of the Walk Street Project and Additional Energy Efficient Grant Funded Lighting Replacement Projects. RECOMMENDATION: a) APPROVE b) APPROPRIATE $137,212.34 FROM THE GENERAL FUND
	12/06/11-6.	Side Letter Agreements Extending to December 31, 2012 the Most Recent Memorandums of Understanding (MOU) Between the City of Manhattan Beach, the Manhattan Beach Police Officers’ Association (POA), the Manhattan Beach Firefighters’ Association, and the Teamsters local 911; Appropriation of $108,808 from Available General Fund Balance to Fund Medical Cost Increases in the Current Fiscal Year for the POA ($18,798), Teamsters ($44,708) and Non-Represented Management /Confidential Employees ($45,302). RECOMMENDATION: a) APPROVE b) APPROPRIATE $108,808 FROM GENERAL FUND
	12/06/11-7.	Renewal of License Agreement for the Manhattan Beach Botanical Garden Between the City of Manhattan Beach and the Manhattan Beach Botanical Garden Non-Profit Corporation. RECOMMENDATION: APPROVE
	12/06/11-8.	This Space Left Intentionally Blank.
	12/06/11-9.	Approve Plans and Specification for the 2011-2012 Water Main Replacement Project Phase 1 in Various Streets in the Sand Section and Authorize the City Manager to Solicit Construction Bids. RECOMMENDATION: APPROVE

BOARDS AND COMMISSIONS

	*Planning Commission*

	12/06/11-10.	Planning Commission Approval of a New Use Permit and Coastal Development Permit to Remove the Existing Paint and Rain Gutter Business at 1011 10th Place and Build Additional Parking for the Adjacent Vons Supermarket at 410 Manhattan Beach Boulevard. RECOMMENDATION: RECEIVE AND FILE
F.	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 G, “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!

G.	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!
H.	PUBLIC HEARINGS

	12/06/11-11.	Ordinance No. 2154 of the City of Manhattan Beach Amending and Adopting by Reference Chapter 11.36 of the Los Angeles County Code Regarding Body Art (Tattoo) and Ordinance No. 2155 of the City of Manhattan Beach Establishing Regulations for Body Art (Tattoo) Studios within the City. RECOMMENDATION: a) CONDUCT CONTINUED PUBLIC HEARING b) WAIVE FURTHER READING c) INTRODUCE ORDINANCE NOS. 2154 AND 2155 d) CONTINUE PUBLIC HEARING AND SCHEDULE SECOND READING AND ADOPTION OF ORDINANCES FOR JANUARY 17, 2012
I.	GENERAL BUSINESS

	12/06/11-12.	Provide Direction for Staff Regarding the Establishment of a Fixed Route Trolley System. RECOMMENDATION: DISCUSS AND PROVIDE DIRECTION
	12/06/11-13.	Award a Construction Contract to Harbor Construction Co., Inc. for the Joslyn Center, Begg Pool and Manhattan Heights Community Center Renovation Projects ($3,173,000.00), Approve Change Order No. 1 (-$69,115) and Appropriate Additional CIP Funds ($1,678,145) RECOMMENDATION: a) APPROVE b) APPROPRIATE $1,678,145 FROM THE CAPITAL IMPROVEMENT FUND
	12/06/11-14.	Appeal of the Planning Commission Denial of a Light-Emitting Diode (LED) Sign for Journey of Faith Church at 1243 Artesia Boulevard. RECOMMENDATION: DISCUSS AND PROVIDE DIRECTION
	12/06/11-15.	Review of the Planning Commission Approval of a Proposed Bank Use Replacing a Retail Use in a Commercial Development at 1130 North Sepulveda Boulevard (Chase Bank). RECOMMENDATION: UPHOLD PLANNING COMMISSION APPROVAL
	12/06/11-16.	Approval for Believe, Green and Not A Step Artworks for the 2011/2012 Sculpture Garden Authorizing the City Manager to Execute the Attached Agreement with Each of the Artists. RECOMMENDATION: DISCUSS AND PROVIDE DIRECTION
J.	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.

K.	CITY MANAGER REPORT(S)

L.	OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS

M.	ADJOURNMENT

Tuesday, December 20, 2011	6:30 p.m.	Regular City Council Meeting
Tuesday, January 3, 2012	---------	City Council Meeting Cancelled (Dark)
Tuesday, January 17, 2012	6:30 p.m.	Regular City Council Meeting
Tuesday, February 7, 2012	6:30 p.m.	Regular City Council Meeting
Tuesday, February 21, 2012	6:30 p.m.	Regular City Council Meeting
Tuesday, March 6, 2012	6:30 p.m.	Regular City Council Meeting
Tuesday, March 20, 2012	6:30 p.m.	Regular City Council Meeting

CITY OF MANHATTAN BEACH

CLOSED SESSION AGENDA

TUESDAY, DECEMBER 6, 2011 - 5:30 P.M.

CITY COUNCIL CHAMBERS

1400 HIGHLAND AVENUE

MANHATTAN BEACH, CA 90266

A. CALL MEETING TO ORDER

B. ROLL CALL

C. PUBLIC COMMENT ON CLOSED SESSION AGENDA

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

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR

(Government Code Section 54956.8)

Property: Manhattan Beach Country Club

1330, 1332 and 1334 Park View Avenue

Agency Negotiator: Dave Carmany, City Manager

Negotiating Parties: Sara Neilson, Managing Director for the Manhattan Country Club

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code Section 54957)

Title: City Manager

3. CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION)

(Government Code Section 54956.9(a)

DFA PVA II Partner, LLC v. IMG Worldwide Inc., USA Volleyball, Leverage Agency LLC, Jose Cuervo International, Inc., U.S. Tequila Cuervo LA Rojena, SA De CV, City of Manhattan Beach, US Federal District Court, CV 11-06851

Geoff Dolan v. City of Manhattan Beach; Robert Wadden, et.al.,

Los Angeles Superior Court - Case No. BC472421

4. CONFERENCE WITH LEGAL COUNSEL (ANTICIPATED LITIGATION)

Significant Exposure to Litigation (Government Code Section 54956.9(b) 2 claims

Two (2) claims have been received each alleging wrongful termination.

A copy of the claims are available for public inspection in the City Clerk's Office.

E. RECESS INTO CLOSED SESSION

F. RECONVENE INTO OPEN SESSION

G. ORAL ANNOUNCEMENTS

H. ADJOURNMENT