CITY OF MANHATTAN BEACH
REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 15, 2005

5:30 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

Meeting Minutes (PDF)

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 its agenda -- once following the Consent Calendar, at which time citizens may address the Council concerning any brief item not on the agenda and not-to-exceed one minute in duration for any speaker; and again following Items Removed from the Consent Calendar, at which time citizens may address the Council on any matter of City business not on the agenda with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council.

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 Temporary Facility located at 1501 N. Peck Avenue, 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 (802-5056) to make an inquiry concerning the nature of the item described on the agenda.

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.

1. PLEDGE TO FLAG – Marcie Scott, Human Resources Director
   
   
2. ROLL CALL
   
   
3. CEREMONIAL CALENDAR
   
   05/1115.1   Presentation of Certificates to the Winners of the 2005 Manhattan Beach Library Children’s Bookmark Contest.  PRESENT
    
   05/1115.2   Presentation of Commendation to Erin Duralde for Her “Extraordinary Citizenship” in Continuing with the Success of the “Reading By 9” Book Drive.  PRESENT
    
   05/1115.3   Presentation of Commendation to Michael Greenberg for His “Extraordinary Citizenship” in Establishing the Friendship Circle.  PRESENT
    
   05/1115.4   Presentation of Commendation to Tom Martin Recognizing His Outstanding Achievements and Dedicated Service to the City of Manhattan Beach.  PRESENT
   
   
4. CONSENT CALENDAR (ITEM NOS. 5 - 16)
    
   NOTICE TO THE PUBLIC
    
   The Consent Calendar adopting the printed Recommended 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
    
   05/1115.5   Approve Minutes of the City Council Adjourned Regular and Regular Meeting of November 1, 2005.  APPROVE
    
   05/1115.6   Ratification of Motor Fuel Purchase from Merrimac Energy Group in the Amount of $27,675.14.  APPROVE
    
   05/1115.7   Authorize the Purchase of Two Replacement Public Works Vehicles From Raceway Ford in the Amount of $42,506.96.  APPROVE
    
   05/1115.8   Consideration of Financial Reports:
    
   a)  Ratification of Demands - November 3, 2005.  APPROVE
   b)  Investment Portfolio for the Month Ending October 31, 2005.  RECEIVE & FILE
    
   05/1115.9   Consideration of a Resolution Authorizing and Appropriating Funds for Grant Funded Purchases of State Homeland Security Program Grant Equipment in an Amount Not-to-Exceed $23,300.
    
   a)  ADOPT RESOLUTION NO. 6003
   b)  APPROPRIATE $23,300 FROM THE GENERAL FUND
   c)  WAIVE FORMAL BIDDING
   d)  APPROVE
    
   05/1115.10   Approve a Request from the Chamber of Commerce to Cover Parking Meters from Thursday, December 1, 2005 through Sunday, December 25, 2005, Excluding the Pier and El Porto Parking Lots.  APPROVE
    
   05/1115.11   Award a Contract ($675,792) for the 2002-2003 Water Main Replacement Project and 2002-2004 Sewer Main Replacement Project to Williams Pipeline Contractors, Inc.  APPROVE
    
   05/1115.12   Consideration of a Resolution Authorizing the Submittal of an Application to the California Integrated Waste Management Board for a Fiscal Year 2005-2006 Recycled Tire Product Grant Program ($75,000) for Playground Resurfacing.  ADOPT RESOLUTION NO. 6005
    
   05/1115.13   Disbursement of Progress Payments:
    
   a)  Progress Payment No. 3 in the Net Amount of $32,254.20 to Cody Engineering, Inc. for the 2001-2002 Water Main Replacement; 2002-2003 Sewer Main Replacement Project.  APPROVE
   
   b)  Progress Payment No. 2 in the Net Amount of $239,835.60 to Dominguez General Engineering Contractor for the Highland Avenue at 15th Place Storm Drain Project.  APPROVE
   
   c)  Progress Payment No. 7 in the Net Amount of $50,009.02 to S.P. Pazargad Engineering Construction, Inc. for the El Porto Retaining Wall Project.  APPROVE
    
   BOARDS AND COMMISSIONS
    
   Planning Commission
    
   05/1115.14   Consideration of Action Minutes, Planning Commission Meeting of November 9, 2005.  RECEIVE & FILE
    
   05/1115.15   Consideration of a Planning Commission Approval of a Use Permit and Vesting Tentative Parcel Map No. 063242 to Allow Construction of 4 Condominium Units for the Property Located at 623 Aviation Way.  RECEIVE & FILE
    
   05/1115.16   Consideration of a Planning Commission Approval of a Coastal Development Permit to Allow Construction of a Storm Drain Low Flow Diversion Project Under the Public Beach Between 27th Street and 28th Street (Los Angeles County Public Works).  RECEIVE & FILE
   
   
5. COMMUNITY ANNOUNCEMENTS (One Minute Limit)
    
   This portion of the meeting is to provide an opportunity for citizens to address the 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 I, Audience Participation.  While all comments are welcome, the Brown Act does not allow 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 and city of residence and returning it to the City Clerk.  Thank you!
   
   
6. PUBLIC HEARINGS
    
   05/1115.17   Consideration of an Ordinance and Resolution to Implement Actions Requested by City Council as Part of the Work Plan Regarding Residential Construction Impacts to Add a New Code Enforcement Officer, Amend the Fee Resolution, Appropriate Funding for Related Vehicle and Equipment, and Amend the Construction Hours Ordinance.
    
   a)  CONDUCT PUBLIC HEARING
   b)  APPROVE
   c)  ADOPT RESOLUTION NO. 6004
   d)  APPROPRIATE $68,626 FROM THE GENERAL FUND
   e)  WAIVE FURTHER READING
   f)  INTRODUCE ORDINANCE NO. 2079
   
   
7. GENERAL BUSINESS
    
   05/1115.18   Presentation by the South Bay Regional Communications Center (RCC) on Improvements to the Cellular “911” System and the RCC’s Website.  RECEIVE & FILE
    
   05/1115.19   Approve a Five-Year Contract with CleanStreet for the City’s Street Sweeping Services and Exterior Custodial Maintenance Services for the Strand, Pier, Downtown Streetscape, and the Metlox and Civic Center Plazas. 
    
   a)  APPROVE
   b)  APPROPRIATE $40,362 FROM THE REFUSE FUND
   c)  DISCUSS & PROVIDE DIRECTION
    
   05/1115.20   Status Report on the Strand Improvement Project and El Porto Retaining Wall Project.  RECEIVE & FILE
    
   05/1115.21   Consideration of the Police & Fire Facility / Metlox / Public Improvements Project Status Report, Disbursement of Progress Payment #20 in the Net Amount of $865,496.13 to Swinerton Builders and Consideration of a Change Order to Pankow Builders for Completion of the Metlox Town Square Project  Elements. 
    
   a)  ACCEPT PRESENTATION REGARDING PROGRESS OF SHADE HOTEL
   b)  ACCEPT PRESENTATION REGARDING PROGRESS OF METLOX PROJECT
   c)  APPROVE CHANGE ORDER TO PANKOW BUILDERS AND APPROPRIATE FUNDS
   d)  ACCEPT PRESENTATION REGARDING PROGRESS OF THE POLICE & FIRE FACILITY PROJECT
   e)  APPROVE ISSUANCE OF PROGRESS PAYMENT TO SWINERTON BUILDERS
   
   
8. 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.
   
   
9. AUDIENCE PARTICIPATION (Three Minute Limit)
    
   Citizens may address the 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 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 and city of residence and returning it to the City Clerk.  Thank you!
   
   
10. CITY MANAGER REPORT(S)
    
    
11. OTHER COUNCIL BUSINESS & COMMITTEE REPORTS
    
    
12. ADJOURNMENT

CITY OF MANHATTAN BEACH
CLOSED SESSION AGENDA
TUESDAY, NOVEMBER 15, 2005 - 5:30 P.M.

CITY COUNCIL CHAMBERS
1400 HIGHLAND AVENUE
MANHATTAN BEACH, CA 90266

1. 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 (one case).
   
2. CONFERENCE WITH LABOR NEGOTIATOR
    
   (Government Code Section 54957.6)
    
   Agency Negotiator:  Geoff Dolan, City Manager;  Marcie Scott, Human Resources Director
   Employee Group:     Manhattan Beach Firefighters’ Association
   
   
2. RECESS INTO CLOSED SESSION
   
   
3. RECONVENE INTO OPEN SESSION
   
   
4. ORAL ANNOUNCEMENTS
   
   
5. ADJOURNMENT