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

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

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 – Ernest M. Klevesahl, Jr., Police Chief
   
   
2. ROLL CALL
   
   
3. CEREMONIAL CALENDAR
   
   
4. CONSENT CALENDAR (ITEMS NOS. 1 - 14)
    
   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
    
   05/0215.1   Approve Minutes of the City Council Adjourned Regular and Regular Meeting of February 1, 2005.  APPROVE
    
   05/0215.2   Consideration of Financial Reports:
    
   a)  Ratification of Demands: February 10, 2005.   APPROVE
   b)  Investment Portfolio for the Month Ending January 31, 2005.  RECEIVE AND FILE
   c)  Financial Reports for the Month Ending January 31, 2005.  RECEIVE AND FILE
    
   05/0215.3   Authorize and Appropriate Funds for Grant Funded Purchases of State Homeland Security Program Grant Equipment in an Amount Not-to-Exceed $91,352.94. 
    
   a)  ADOPT RESOLUTION NO. 5962
   b)  APPROPRIATE $91,352.94 FROM THE GENERAL FUND
   c)  WAIVE FORMAL BIDDING
   d)  APPROVE
    
   05/0118.10-4   Consideration of Field Use Fee Changes in Category II for the Parks and Recreation Department.  APPROVE
    
   05/0215.5   Authorize the City Manager to Submit a Bid for Groundwater Pumping Rights and Approve an Appropriation in an Amount Not-to-Exceed $3,000 Per Acre Foot (Maximum of $727,800). 
    
   a)  APPROVE
   b)  APPROPRIATE $727,800 FROM THE WATER FUND
    
   BOARDS AND COMMISSIONS
    
   Cultural Arts Commission
    
   05/0215.6   Consideration of Draft Minutes, Cultural Arts Commission Meeting of January 27, 2005.  RECEIVE AND FILE
    
   Parks and Recreation Commission
    
   05/0215.7   Consideration of Draft Minutes, Parks and Recreation Commission Meeting of January 24, 2005.  RECEIVE AND FILE
    
   Parking & Public Improvements Commission
    
   05/0215.8   Consideration of Action Minutes, Parking and Public Improvements Commission Meeting of January 27, 2005.  RECEIVE AND FILE
    
   05/0215.9   Uphold the Parking and Public Improvements Commission Recommendation to Approve a Request for Removal of a Stop Sign on 21st Place at Blanche Road.
    
   a)  APPROVE PPIC RECOMMENDATION
   b)  ADOPT RESOLUTION NO. 5964
    
   05/0215.10   Uphold the Parking and Public Improvements Commission Recommendation to Approve an Encroachment Permit Appeal for 500 2nd Street, Subject to Conditions.  APPROVE PPIC RECOMMENDATION
    
   05/0215.11   Uphold the Parking and Public Improvements Commission Recommendation to Deny a Request for Installation of a Painted Crosswalk on Highland Avenue at 28th Street and Approve Installation of a Painted Crosswalk on Highland Avenue at 27th Street.  APPROVE PPIC RECOMMENDATION
    
   04/1221.6-12   Uphold the Parking and Public Improvements Commission Recommendation to Approve Implementation of Lane Designations on Pacific Avenue between Ardmore Avenue and Valley Drive.  APPROVE PPIC RECOMMENDATION
    
   Planning Commission
    
   05/0215.13   Consideration of Action Minutes, Planning Commission Meeting of February 9, 2005.  RECEIVE AND FILE
    
   05/0215.14   Consideration of a Planning Commission Decision to Approve a Use Permit Amendment to Allow Expansion of Business Hours and to Permit On-Site Sale of Beer and Wine with Food Service, at an Existing Restaurant, El Tarasco, on the Property Located at 350 North Sepulveda Boulevard.  RECEIVE AND 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
    
   05/0215.15   Consideration of an Appeal of the Planning Commission Decision Approving a Use Permit and Coastal Development Permit to Allow On-Site Wine Tasting and Food Sampling at an Existing Retail Wine Store, for Bacchus, Located at 1000 Manhattan Avenue.
    
   a)  CONDUCT PUBLIC HEARING
   b)  UPHOLD PLANNING COMMISSION DECISION
    
   05/0215.16   Consideration of Proposed Exchange of Community Development Block Grant (CDBG) Funds Received by the City of Manhattan Beach to the City of West Hollywood and the Allocation of Funds for the 2005-2006 Fiscal Year.
    
   a)  CONDUCT PUBLIC HEARING
   b)  ADOPT RESOLUTION NO. 5963
   c)  APPROVE
    
   05/0215.17   Consideration of a Resolution Adjusting the Fiscal Year 2005-2006 Business License Tax by the Consumer Price Index.
    
   a)  CONDUCT PUBLIC HEARING
   b)  ADOPT RESOLUTION NO. 5961
    
   
7. GENERAL BUSINESS
    
   05/0118.3-18   Appoint Member to Library Commission Seat No. 4.  APPOINT
    
   05/0215.19   Consideration of an Ordinance Allowing the Sampling of Products on the Beach with Prior City Council Approval.
    
   a)  WAIVE FURTHER READING
   b)  INTRODUCE ORDINANCE NO. 2073
    
   05/0215.20   Presentation by CDM Consultants Regarding the Implementation Plan to Reduce Bacteria in Storm Water Run-off.
    
   a)  ACCEPT PRESENTATION
   b)  DISCUSS AND PROVIDE DIRECTION
    
   05/0215.21   Consideration of the Police & Fire Facility / Metlox / Public Improvements Project Status Report and Disbursement of Progress Payment #11 in the Net Amount of $750,268 to Swinerton Builders.
    
   a)  ACCEPT PRESENTATION
   b)  APPROVE
    
   05/0215.22   Status Report of the City Council’s 2004-2005 Work Plan Item Regarding the Sepulveda Corridor Phase II Improvements.
    
   a)  ACCEPT PRESENTATION
   b)  RECEIVE AND FILE
   
   
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)
   
   
10. CITY MANAGER REPORT(S)
    
    
11. OTHER COUNCIL BUSINESS & COMMITTEE REPORTS
    
    
12. ADJOURNMENT
    
    

    Tuesday, March 1, 2005	6:30 p.m.	Regular Meeting
    Tuesday, March 15, 2005	6:30 p.m.	Regular Meeting
    Tuesday, April 5, 2005	6:30 p.m.	Regular Meeting
    Tuesday, April 19, 2005	6:30 p.m.	Regular Meeting
    Tuesday, May 3, 2005	6:30 p.m.	Regular Meeting
    Tuesday, May 17, 2005	6:30 p.m.	Regular Meeting

CITY OF MANHATTAN BEACH
CLOSED SESSION AGENDA
TUESDAY, FEBRUARY 15, 2005 - 6:00 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
    
   (Government Code Section 54957)
    
   Title: City Manager
   Title: City Attorney
   
   
2. RECESS INTO CLOSED SESSION
   
   
3. RECONVENE INTO OPEN SESSION
   
   
4. ORAL ANNOUNCEMENTS
   
   
5. ADJOURNMENT