City of Manhattan Beach

Transcription

1 1400 Highland Avenue Manhattan Beach, CA Tuesday, 4:00 PM Adjourned Regular Meeting City Council Chambers 4:00 PM Closed Session/6:00 PM City Council Meeting City Council Mayor David J. Lesser Mayor Pro Tem Amy Howorth Councilmember Wayne Powell Councilmember Mark Burton Councilmember Tony D'Errico

2 CITY OF MANHATTAN BEACH CLOSED SESSION AGENDA TUESDAY, JUNE 25, :00 P.M. CITY COUNCIL CHAMBERS 1400 HIGHLAND AVENUE MANHATTAN BEACH, CA MANHATTAN BEACH S CITY COUNCIL WELCOMES YOU! 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 (5 MINUTES) Finance Director Bruce Moe led the Pledge of Allegiance. B. ROLL CALL (I MINUTE) Present: Mayor Lesser, Mayor Pro Tem Howorth, Councilmember Powell, City Councilmember Burton and Councilmember D'Errico C. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING (1 MINUTE) City Clerk Tamura confirmed the meeting was properly posted. D. CLOSED SESSION ANNOUNCEMENT BY CITY ATTORNEY (1 MINUTE) Senior Counsel Wiener reported that the City Council met at 4:00 p.m. in Closed Session to discuss the item listed on the Closed Session agenda. There was no reportable action taken and there was nothing further to report. Page 1

3 E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES (5 MINUTES) A motion was made by Councilmember Burton, requesting that Item 19 be addressed after Item I and then followed by the Consent Calendar. Mayor Pro Tem Howorth expressed her desire to not rearrange the agenda, as there may be individuals present to participate in the agenda as articulated. City Manager Carmany stated that public hearing items have been published and noticed. Councilmember Burton withdrew his motion. Councilmember Burton requested that Item N be addressed after Item L, reasoning that he would prefer that the item is discussed earlier on the agenda so that the public could fully view and participate. After City Council discussion, Councilmember Burton withdrew the motion, and stated his concern that the discussion not extend past the 11:00 p.m. rule. Mayor Lesser expressed his desire to discuss agenda management during the discussion of meeting management. After deliberation and discussion with City Manager Carmany, the City Council by consensus directed staff to place the three items regarding meeting management, legislative policies, and ad hoc open government on the agenda of July 2, Page 2

4 F. CEREMONIAL CALENDAR (15 MINUTES) None. G. COMMUNITY ANNOUNCEMENTS (One Minute Per Person) Viet Ngo spoke regarding his stance on anti-public corruption, alleged violations by the City Treasurer, and questioned the City Council s authority of law. Mayor Lesser advised the speakers that this item is reserved for brief community announcements regarding upcoming events only. Councilmember Powell announced the upcoming Concerts in the Park series and the Planning Commission meeting where the proposed mall development will be discussed. Mayor Pro Tem Howorth announced that it was the Mayor s birthday. Mayor Lesser announced the upcoming Strategic Plan meeting in the Police/Fire Community Room. Councilmember Burton reported that the public has access to free parking on City Council nights on the upper and lower levels of the parking structure. H. AUDIENCE PARTICIPATION (Three Minutes Per Person) Viet Ngo spoke regarding his stance as an anti-corruption advocate, made allegations regarding the City Treasurer, violations of Penal Code Section 424, and that this matter should be referred to the District Attorney. Page 3

5 I. CITY MANAGER REPORT(S) (5 MINUTES) City Manager Carmany provided status reports as follows: 1). Noise mitigation measures using the sound curtains instead of glass panels at the Shade Hotel will be addressed in light of required safety exiting systems, 2) The matter of the parking space at 4th Street and Bayview is scheduled for the August 6, 2013 agenda, 3) Building permits have been issued for the basement and it has been found to be in compliance, 4) A report will be placed on an upcoming agenda regarding parking violations in the downtown area and will include recommendations for changes to the City s parking ordinances, 5) There will be a planned refurbishment of Edison s Duncan substation which will result in potential power outages from 9:00 a.m. through 10:00 p.m., 6) The City s street sweeping fee will be discontinued immediately in order to conform to existing state and federal laws, 7) The City s Mobility Plan will be discussed June 27 and July 8, 2013 with various stakeholder groups, 8) The Oasis will respect current hours as suggested by the Senior Advisory Committee and review potential adjustments to operating hours after hiring additional Recreation Leaders, 9) The City s Information Systems Department will host computer training for older adults and also post availability of access to wifi as an alternative to the Library closure, 10) Upcoming community events include the Chevron Grand Prix Bike race, the Strategic Plan meeting, the Manhattan Open Tennis Tournament, the Saikley 6-man volleyball tournament, the International Surf Festival, and the Lifeguard Championships. In response to an inquiry from Mayor Pro Tem Howorth regarding the Mobility Plan meetings, City Manager Carmany reported that there has been direct communication via letter with stakeholder groups. In response to an inquiry from Councilmember Powell regarding notification procedures for planned Edison outages, City Manager Carmany confirmed the City sent out e-blast notifications to inform the public and that Edison has also directly notified affected residents. Councilmember D Errico expressed concern that there would be power outages in the downtown area on July 5, 2013, potentially causing impacts to businesses during the post-holiday weekend. J. CONSENT CALENDAR (5 MINUTES) Councilmember Burton requested that Items 2, 3, 4, 6, 7, 10, and 17 be pulled from the Consent Calendar for separate consideration. In response to an inquiry from Councilmember D Errico regarding Consent Calendar Item 16, Finance Director Moe reported that the sewer trucks will be fully paid for and owned by the City at the end of the five (5) year term. A motion was made by Councilmember Burton, seconded by Councilmember Powell, to approve Consent Calendar Items 1, 5, 8, 9, 11, 12, 13, 14, 15, and 16. The motion carried by the following vote: Page 4

6 1. Award of Bid to Maneri Sign Company in the Amount of $60,000 for budgeted replacement of Street Name Signs Agreement with the Beach Cities Health District for Grant Funding for Paramedic Education and Medical Supplies Approval of Plans and Specifications for the Live Oak Park, Manhattan Heights and Mira Costa Tennis Court Resurfacing and Restriping Project Acceptance of Grant Deeds/Grants of Easements; Street Right of Way Dedications at 117 Meadows Avenue, Parcel Map No RES Award of Three-Year Contract to Orange County Striping Service Inc. for Citywide Traffic Control Marking Services (Estimated Annual Value of $57,000) Final Payment in the net amount of $26, to Vido Samarzich, Inc.; Formally Accept the Fiscal Year Water Main Replacement and Fire Hydrant Installation Project (Area 1, Hill Section; 8th, 9th, 10th, 11th and John Streets; and Highview, Pacific and Poinsettia Avenues) as Complete; and Authorize Filing of the Appropriate Notice of Completion and Release Retention in the Amount of $52, Page 5

7 13. Progress Payment No. 3 in the Net Amount of $505, to T.E. Roberts, Inc. for the Water Main Replacement Project, Phase 2 (Area 7 - south Sand Section; including Highland Ave, 7th Street, 6th Street and Morningside Drive) Progress Payment No. 2 in the Net Amount of $131, to Ramona, Inc. for the Gravity Sewer Main Rehabilitation Project Including Sewer Spot Repairs at 34 locations in Areas 1, 2, and 3 (bounded by Manhattan Beach Boulevard, Ardmore Avenue, Aviation Boulevard and the Southerly City Limit) and Sewer Main Replacement in 11th Place from Ardmore Avenue to Highview Avenue Award of Three-Year Emergency Medical Billing and Collection Services Contract to Intermedix (Estimated Annual Value of $40,000) Five Year Lease/Purchase Agreement with J.P. Morgan Chase for a Previously Approved and Budgeted Sewer Truck for Public Works. ADOPT RESOLUTION No RES K. PUBLIC HEARINGS (30 MINUTES PER ITEM) Page 6

8 18. Resolution of Intention to Provide for Annual Levy and Collection of Assessments for the Downtown Business Improvement District and Setting July 16, 2013 for a Public Hearing. a) ADOPT RESOLUTION NO b) SET PUBLIC HEARING FOR JULY 16, 2013 RES A staff report was presented by City Manager Dave Carmany. The Mayor opened the public hearing and public comments. Viet Ngo inquired as to whether the Downtown Business Improvement District (BID) meetings are subject to the Brown Act and the California Public Records Act. Mr. Ngo alleged that City funds may be being used for campaign purposes and requested the City Attorney opine as to whether the BID is subject to open meeting law requirements. He also mentioned violations of Penal Code Section 424. Councilmember D Errico expressed concern with the allegations made by Mr. Ngo, noting that his spouse is a member of the BID, and there was no substantiation for Mr. Ngo s allegations. Mayor Lesser closed the public hearing and public comments. A motion was made by Councilmember Powell, seconded by Councilmember Burton, to adopt Resolution No and set the Public Hearing date for this item for July 16, The motion carried by the following vote: L. GENERAL BUSINESS (30 MINUTES PER ITEM) Page 7

9 19. Consideration of Landscape Master Plan for Veterans Parkway A staff report was given by Vince Mastrosimone, Interim Public Works Director. A PowerPoint Presentation was displayed. Mia Lehrer and Jeff Hutchins, Principals for Mia Lehrer + Associates, introduced members of their team and proceeded to review the various aspects of the Landscape Master Plan process and the guidelines that were developed. City Council discussed various aspects of the process with the consultant and staff including: soils analysis, reclaimed water on the project, cost projections for maintenance, the Capital Improvement Plan, tree infestation and migration of disease, walking trail versus bicycle trail, native materials to be used for the project, flexibility of the guidelines, ability of various groups to provide restoration projects, recognition of sponsors and community groups related to parkway projects, and use of the beach primrose. City Manager Carmany acknowledged that City Council approval of this project was not a specific commitment of particular funding dollars. The Mayor opened public comments. Matt Winter, student at Mira Costa, identified himself as a Boy Scout who has planned on a restoration project on the Parkway to satisfy his Eagle Scout requirements. He described his use of the beach primrose on endcaps on the portion of the Parkway near the downtown area and his desire to donate the materials for future projects. He requested support to commence his project. Jean Jackson, representing a greenbelt restoration project group, expressed her support of the master plan and her excitement that the process was nearing completion. Viet Ngo expressed concerns regarding the cost of the project and alleged that funding in the amount of 15 million dollars was being obscured from the public. He requested that the Public Works Department be assigned this project and that it was not a first priority to hire consultants. Bill Victor noted that he comes from a family of flower breeders and therefore is supportive of bending the budget for these types of projects. He inquired as to the cost of the professional consultants on the project, expressed his support for the City Manager, and expressed a desire to see City support for community volunteers on these types of projects. Mayor Pro Tem Howorth expressed her support for both the Eagle Scout Project and for community supporter Jean Jackson, who inspired the Master Plan project. Councilmember Powell echoed comments from Mayor Pro Tem Howorth and added his gratitude for the public s participation in the process. Councilmember D Errico expressed his support for the Eagle Scout Project and encouraged approval of that particular effort. Mayor Lesser expressed his desire to keep the Parkway in a natural rather than manicured state, inquired as to the previous City Council s desires for the Parkway and its former uses, noted his support to address some of the neglect of the Parkway and that he is supportive of the guidelines as they include input from the community. Page 8

10 He also expressed support for the proposed Eagle Scout project. Mayor Lesser noted his minor corrections and suggestions for the text of the Master Plan. City Manager Carmany noted that he was supportive of the City Council approving this item as submitted by staff. A motion was made by Councilmember Burton, seconded by Councilmember Powell, to approve the guidelines contained in the Landscape Master Plan for Veterans Parkway, as amended to include the minor corrections as suggested by Mayor Lesser. The motion carried by the following vote: Page 9

11 20. Report Regarding Potential Resource Sharing Efficiencies and Cost Saving Opportunities for the Manhattan Beach Fire Department RECEIVE AND FILE A staff report was given by Fire Chief Bob Espinoza. A PowerPoint Presentation was displayed. Fire Chief Espinosa discussed various options for potential resource sharing and cost saving opportunities including administrative consolidation, operational consolidation, functional consolidation, Fire Reserve programs, Emergency Operations Centers, Automatic Aid Agreements, public education programs, border drops, automatic vehicle locators, tier dispatching, promotional tests and exams, mergers and full consolidations, cooperative purchasing agreements and joint powers agreements. In response to an inquiry from Councilmember Burton and Mayor Lesser regarding recommendations or direction required from the City Council on this item, City Manager Carmany stated that he preferred a wait and see approach pending nearby jurisdiction s decisions regarding their employee agreements prior to approaching them formally regarding any consolidations. He acknowledged that the report had been shared and expressly stated that as the City Manager he does not support any formal consolidation effort as the Manhattan Beach Fire Department has the most to lose in such a process. In response to an inquiry from Councilmember Powell regarding the status of Fire Station 2, City Manager Carmany stated that facility was a priority through the upcoming Capital Improvement Plan, a design/build proposal was estimated at 2.7 million with a 9 month completion. All City Councilmembers expressed their strong support for the Manhattan Beach Fire Department and thanked the Fire Chief and staff for bringing forth this report. The Mayor opened public comments. Bill Victor expressed his support for the Fire Department, noted his concerns regarding incidents that have occurred on the border of neighboring cities, the work of a prior City Manager on this type of project, and his desire to not pursue consolidation with other Departments. Noting there were no further speakers, the Mayor closed public comments. In response to inquiries made by Mayor Lesser, Councilmember Powell and Mayor Pro Tem Howorth regarding direction to pursue potential cost-sharing opportunities, the City Attorney stated that the City Manager and Fire Chief could move forward with City Council direction to pursue such opportunities without a formal motion by the City Council. The City Council meeting recessed for ten (10) minutes. The meeting was reconvened to discuss the remaining items on the agenda. M. ITEMS REMOVED FROM THE CONSENT CALENDAR (5 MINUTES PER ITEM) Page 10

12 2. Resolution recommending installation of Stop Signs on 18th Street at Herrin Avenue and Installation of Traffic Measures on Herrin Avenue at 18th Street and at 19th Street ADOPT RESOLUTION NO , INSTALLATION OF TRAFFIC MEASURES RES This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. Councilmember Burton expressed concerns regarding the traffic impacts in this area and inquired regarding the need for a school area safety study. City Traffic Engineer Erik Zandvliet commented on the process involved in conducting a school area safety study, the need for engineering, enforcement, and education, and other traffic calming measures that would be necessary. He also noted the process would continue for about six (6) months, at which time measures could be put into place and then reevaluated. In response to inquiries regarding the cost of the study from Councilmember Burton, City Manager Carmany noted that the funding could be absorbed into the current fiscal year budget. The approximate cost of $10,000 - $15,000 would include the public hearings, paperwork for the workshops and dedicated staff time. The Mayor opened the item for public comments. There were no individuals who requested to speak. The Mayor then closed public comments. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Powell, to adopt Resolution No , approve installation of traffic measures, and direct staff to conduct a school area safety study in the subject area. The motion carried by the following vote: Page 11

13 3. Minutes: (Continued from the June 18, 2013 City Council Meeting) This item contains minutes of City Council meetings which are presented for approval and minutes from City Council subcommittees and from other City commissions and committees which are presented to be received and filed by the City Council. Staff recommends that the City Council, by motion, take action to approve the minutes of the: a) City Council Regular Meeting of May 7, b) City Council Closed Session Meeting of May 7, c) Planning Commission Meeting of May 22, RECEIVE AND FILE d) Cultural Arts Commission Meeting of March 12, RECEIVE AND FILE e) Cultural Arts Commission Meeting April 9, RECEIVE AND FILE f) Cultural Arts Commission Meeting May 14, RECEIVE AND FILE This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. Councilmember Burton requested a more accurate record of the meeting proceedings, and referenced the minutes of May 7, 2013, Page 11, Item 13. He suggested that wording be included in the minutes that would incorporate by reference the meeting video recording so as to reflect a more accurate record of what was stated. In response to an inquiry from Councilmember Powell regarding the May 7, 2013 minutes, Item 33, where a letter was directed to be written and submitted, City Manager Carmany acknowledged he would confirm whether the letter was submitted and report back to the City Council. The Mayor opened public comments. Bill Victor referenced the May 7, 2013 minutes, specifically mentioning Page 6, and suggested that the City outsource the minutes function. He expressed his desire to have minutes that would more robustly reflect the deliberation, public comments, and actions taken at each meeting. Noting there were no further speakers, the Mayor closed public comments. Mayor Lesser suggested that the format of the minutes be discussed at the upcoming open government presentation. A motion was made by Councilmember Powell, seconded by Mayor Pro Tem Howorth, to receive and file the minutes as follows: a) City Council Regular Meeting of May 7, 2013, b) City Council Closed Session Meeting of May 7, 2013, c) Planning Commission Meeting of May 22, 2013, d) Cultural Arts Commission Meeting of March 12, 2013, e) Cultural Arts Commission Meeting April 9, 2013, and f) Cultural Arts Commission Meeting May 14, The motion carried by the following vote: Page 12

14 4. Financial Reports: a) Ratification of Demands: May 21, b) Payroll Register: May 23, c) Investment Portfolio for the Month Ending April 30, d) Financial Reports for the Month Ending April 30, RATIFY, RECEIVE AND FILE This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. Councilmember Burton inquired regarding the nature of internal controls with the City-issued credit and P-cards. In response, Finance Direction Moe noted the various internal control measures in place including per transaction and monthly limit caps, bans on purchases at certain establishments, and the issuance of cards in employee names so that purchases can be tracked. Councilmember Powell requested that the detail for purchases for P-cards be forwarded to the Finance Committee for their consideration. Finance Director Moe noted that this matter is scheduled to be considered by the Finance Committee. The Mayor opened the item for public comments. There were no individuals who requested to speak. The Mayor then closed public comments. A motion was made by Councilmember Powell, seconded by Councilmember Burton, to ratify and receive and file the a) Ratification of Demands: May 21, 2013, b) Payroll Register: May 23, 2013, c) Investment Portfolio for the Month Ending April 30, 2013, and d) Financial Reports for the Month Ending April 30, The motion carried by the following vote: Page 13

15 6. Construction Contract with Rakan, Inc., for the budgeted Section 1 (Manhattan Beach Blvd. to Boundary Pl. / Ardmore Ave. to Sepulveda Blvd.) Concrete Repair Project for an Amount Not-to-Exceed $255, and Award of Professional Services Contract for Construction Inspection Services to Wallace and Associates ($29,099.00) This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. In response to an inquiry by Councilmember Burton regarding internal staff performing inspection services, City Manager Carmany reported that currently the City Inspector position is vacant and he would prefer to outsource until the position is filled with an individual with the appropriate skill set. The Mayor opened the item for public comments. There were no individuals who requested to speak. The Mayor then closed public comments. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Burton, to approve the Construction Contract with Rakan, Inc., for the budgeted Section 1 (Manhattan Beach Blvd. to Boundary Pl. / Ardmore Ave. to Sepulveda Blvd.) Concrete Repair Project for an Amount Not-to-Exceed $255, and Award of Professional Services Contract for Construction Inspection Services to Wallace and Associates ($29,099.00). The motion carried by the following vote: 7. Plans and Specifications for the Street Resurfacing Project for Ardmore Avenue, Valley Drive and 11th Place This item was pulled from the Consent Calendar for separate consideration by Councilmember Burton. Councilmember Burton declined comments on this item. The Mayor opened the item for public comments. There were no individuals who requested to speak. The Mayor then closed public comments. A motion was made by Mayor Pro Tem Howorth, seconded by Councilmember Powell, to approve Plans and Specifications for the Street Resurfacing Project for Ardmore Avenue, Valley Drive and 11th Place. The motion carried by the following vote: Page 14

16 10. Approve the Notice of Intent Package to the Los Angeles Regional Water Quality Control Board (Regional Board) to comply with the new National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit (Attachment 1) and authorize the City Manager to sign the Letter of Intent to the Regional Board A staff report was given by the City s consultant, Kathleen McGowan. In response to inquiries from the City Council she discussed various options for meeting permit requirements, the Environmental Protection Agency s updated definition of stormwater, sources of pollution outside the City and the City s responsibilities for testing and monitoring, the 3 to 5 year plan for compliance with the permit, Total Maximum Daily Loads, the exposure to liability for the City in non-compliance with the permit, and any cost recovery methods for compliance efforts. In response to an inquiry from Councilmember Burton regarding a recent Supreme Court decision, the City Attorney reported that the state may potentially no longer be able to mandate permit requirements without identification of a funding source. At this time, however, the City is not reimbursed for the costs of compliance. The Mayor opened public comments. Bill Victor mentioned that this item should have been scheduled during the General Business portion of the meeting for full discussion and deliberation, rather than having been scheduled on the Consent Calendar. Noting there were no further speakers, the Mayor closed public comments. A motion was made by Councilmember Burton, seconded by Mayor Pro Tem Howorth, to approve the Notice of Intent Package to the Los Angeles Regional Water Quality Control Board (Regional Board) to comply with the new National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit and authorize the City Manager to sign the Letter of Intent to the Regional Board. The motion carried by the following vote: Page 15

17 17. Financial Reports: a) Ratification of Demands: June 4, b) Payroll Register: June 6, RATIFY Councilmember Burton stated that his questions on this item were satisfied with the staff responses made on Item 4. The Mayor opened public comments. Bill Victor expressed his support for open government and the ability for the public to request and receive public records. He stated his understanding of the ten day response requirements and that there needs to be a sense of urgency to comply with records requests. Finance Director Moe explained the process by which public financial records can be requested and received. A motion was made by Councilmember Powell, seconded by Councilmember D Errico, to ratify the a) Ratification of Demands: June 4, 2013 and b) Payroll Register: June 6, The motion carried by the following vote: Page 16

18 N. OTHER COUNCIL BUSINESS, COMMITTEE AND TRAVEL REPORTS (5 MINUTES PER CITY COUNCILMEMBER) O. ADJOURNMENT Mayor Lesser made the following reports: 1) He and staff met with Edison on June 12, 2013 regarding various community concerns about power outages and received commitments from them. By City Council consensus, a formal report will be placed on an upcoming agenda which will include a representative from Edison being present at the meeting, 2) Noting there was not enough time to notice the item on the current agenda, an item will be placed on the next agenda regarding a requested letter expressing the City s concerns regarding reallocation of Measure R and Proposition C transportation funding which will impact several important projects in the City. This item was a result of Mayor Lesser s and Councilmember Burton s recent attendance at a South Bay Coalition of Governments meeting, and 3) He announced a successor event regarding the City Centennial planning efforts, requested authorization for a full report to the City Council as potential expenditures may be forthcoming. Councilmember Powell commented on the success of the joint press conference attended by Mayor Lesser regarding AB 66, Edison, and the new reporting requirements. Councilmember Burton requested that certain documents be presented to the City Council for review including the Capital Improvement Plan, the Facility Assessment Report, and the policy for non-partisanship. He further requested an item be placed on a future agenda regarding proposed legislation for the maximum height of structures. After discussion among the City Council and the City Attorney, it was City Council s consensus that the matter of placing items on the agenda by City Council members will be discussed at the upcoming strategic planning session. It was further directed that the City Council would receive copies of the documents when they are completed. Councilmember Burton expressed his desire for an opportunity for the community to review important documents and requested they be placed on the Consent Calendar as receive and file items. Councilmember Powell asserted that a disclaimer be placed with the item that the documents are for informational purposes only. It was agreed by City Council consensus that the Capital Improvement Plan and the policy on non-partisanship will be heard on July 2, 2013 and the proposed legislation regarding maximum height for structures will be heard at the strategic planning session on July 10, Noting that there were no further items of business, the Mayor adjourned the meeting At 10:20 p.m. the meeting was adjourned to a 10:30 a.m. Closed Session meeting on July 1, 2013, in the City Hall Council Chambers, in said City. Page 17