CITY OF MANHATTAN BEACH
REGULAR MEETING OF THE CITY COUNCIL
MAY 2, 2006

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 – Jack Hadley, 5th Grade, Grand View Elementary School
   
   
2. ROLL CALL
   
   
3. CEREMONIAL CALENDAR
    
   06/0502.1   Recognition of K9 Handler Officer Joe Guzman and K9 Nero on Their Service and on K9 Nero’s Retirement.  PRESENT
    
   06/0502.2   Presentation of Manhattan Beach Youth Recognition Awards.  PRESENT
   
   
4. CONSENT CALENDAR (ITEM NOS. 3 – 10)
    
   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
    
   06/0502.3   Approve Minutes of the City Council Adjourned Regular and Regular Meeting of April 18, 2006.  APPROVE
    
   06/0502.4   Authorize the Mayor to Sign a Letter in Opposition to AB 2987, the Digital Infrastructure and Video Competition Act of 2006.  APPROVE
    
   06/0502.5   Consideration of the State Budget and Legislative Update.  RECEIVE & FILE
    
   06/0502.6   Consideration of Resolutions Approving the Assessment Engineer’s Report for the Annual Levy of Street Lighting Assessments for Fiscal Year 2006-2007, Declaration of City Council’s Intention to Provide for the Annual Levy and Collection of Assessments for Street Maintenance, and Setting of the Public Hearing for June 6, 2006.  ADOPT RESOLUTION NOS. 6027 & 6028
    
   06/0502.7   Consideration of Financial Reports:
    
   a)  Ratification of Demands: April 20, 2006.  APPROVE
   b)  Financial Reports for the Month Ending March 31, 2006.  RECEIVE AND FILE
    
   06/0502.8   Disbursement of Progress Payments:
    
   a)  Progress Payment No. 12 in the Net Amount of $249,214.72 to S.P. Pazargad Engineering Construction, Inc. for the Strand Improvement Project.   APPROVE
   
   b)  Final Payment in the Net Amount of $4,500.00 to Cody Engineering, Inc.; Change Order No. 2 in the Net Amount of $5,000.00; Formally Accept the 2001-2002 Water Main Replacement/2002-2003 Sewer Main Replacement Project as Complete; and Authorize the Filing of the Appropriate Notice of Completion.  APPROVE
   
   c)  Final Payment in the Net Amount of $70,440.32 to S.P. Pazargad Engineering Construction, Inc.; Formally Accept the El Porto Retaining Wall Project as Complete; and Authorize the Filing of the Appropriate Notice of Completion.  APPROVE
    
   BOARDS AND COMMISSIONS
    
   Cultural Arts Commission
    
   06/0502.9   Consideration of Draft Minutes, Cultural Arts Commission Meeting of April 11, 2006.  RECEIVE & FILE
    
   Planning Commission
    
   06/0502.10   Consideration of Action Minutes, Planning Commission Meeting of April 26, 2006.  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
   
   
7. GENERAL BUSINESS
   
   06/0502.11   Presentation of the Leadership 2006 Class Project.  RECEIVE & FILE 
    
   06/0502.12   Select Members for City’s Boards and Commissions:
    
   a)  Planning Commission: Seat Nos. 1 and 2.  APPOINT
   b)  Parking and Public Improvements:  Seat 2.  APPOINT
   c)  Library Commission: Seat 5.  APPOINT
   d)  Parks and Recreation Commission: Seat 7 (Student).  APPOINT 
    
   06/0502.13   Consideration of an Update on the Manhattan Beach Unified School District’s Task Force on Substance Abuse Prevention and Education.  RECEIVE & FILE 
    
   06/0502.14   Update of the City Council Work Plan Item Regarding Traffic and Bicycle Safety Awareness.  RECEIVE & FILE
    
   06/0502.15   Review and Discussion of Public Tree and Sidewalk Policies.  DISCUSS & PROVIDE DIRECTION
   
   
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 AND TRAVEL REPORTS
    
    
12. ADJOURNMENT
    
    

    Tuesday, May 16, 2006	6:30 p.m.	Regular Meeting
    Tuesday, June 6, 2006	6:30 p.m.	Regular Meeting
    Tuesday, June 20, 2006	6:30 p.m.	Regular Meeting
    Wednesday, July 5, 2006	6:30 p.m.	Regular Meeting
    Tuesday, July 18, 2006	6:30 p.m.	Regular Meeting

CITY OF MANHATTAN BEACH
CLOSED SESSION AGENDA
TUESDAY, MAY 2, 2006 - 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. CONFERENCE WITH LABOR NEGOTIATOR
    
   (Government Code Section 54957.6)
    
   Agency Negotiator:   Geoff Dolan, City Manager; Marcie Scott, Human Resources Director
   Employee Group:      General Unit (Miscellaneous Employees) – Teamster
   
   
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
    
   (Government Code Section 54956.9 (a))
    
   Chaykowski, et al. v. City of Manhattan Beach
   
   
2. RECESS INTO CLOSED SESSION
   
   
3. RECONVENE INTO OPEN SESSION
   
   
4. ORAL ANNOUNCEMENTS
   
   
5. ADJOURNMENT