TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consideration of a Request by Councilmember Franklin and Councilmember Montgomery to Consider Options regarding Title 7 Encroachment Standards, Specifically the 42-inch Maximum Landscaping Height Requirement on the Walk Street connecting 26th Street to Grandview Avenue (City Manager Mirzakhanian).
DISCUSS AND PROVIDE DIRECTION
Body
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RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction regarding the request by Councilmember Franklin and Councilmember Montgomery to consider options regarding Title 7 encroachment standards, specifically the 42-inch Maximum landscaping height requirement on the walk street connecting 26th Street to Grandview Avenue, at a future City Council meeting.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. However, should the City Council direct staff to analyze the request, staff time and resources may be expended to accommodate the request.
BACKGROUND:
Pursuant to the Brown Act, the City Council cannot discuss non-agenda items unless under limited circumstances. The City Council has developed a process to allow individual Councilmembers to request, with the support of another Councilmember, that items be placed on a future agenda for City Council discussion. At that future meeting, the item is identified on the agenda in full compliance with the Brown Act. Discussion allows an opportunity to the public to provide input and the City Council, as a body, to decide whether City resources (staff time, etc.) should be incurred to present a more comprehensive report at a third City Council meeting.
Accordingly, individual Councilmembers can initiate future agenda items by following the following three-step process:
STEP ONE:
During “Future Agenda Items,” a Councilmember may request that an item be placed on the agenda. If another Councilmember concurs with placing the item on the agenda, the item is placed on a future agenda.
STEP TWO:
The item is placed on the agenda at the section titled, “City Council Requests and Reports Including AB 1234 Reports” at the end of the agenda with this report. After discussion, the City Council typically has the following options:
a) Receive and File the report.
b) If three Councilmembers concur, staff will perform the necessary work to prepare a more comprehensive staff report and schedule the item for a future City Council meeting.
c) Continue the item to a future date.
STEP THREE:
If three Councilmembers choose option b) in Step Two above, the item is placed on a future City Council meeting agenda for action.
DISCUSSION:
At the request of Councilmember Franklin and Councilmember Montgomery at the November 6, 2024, City Council meeting, staff has placed this item on the agenda to determine whether three Councilmembers want to direct staff to provide further background on encroachments in general, and, more specifically, at this location. Historically, the issue of private encroachments on public property has been a topic of conversation for many years in Manhattan Beach. Municipal Code Section 7.36.150 - Encroachment standards, is attached to this staff report. Upon City Council consensus and direction, staff will undertake efforts to research this topic and return to the City Council at a future meeting with more information.
CONCLUSION:
Staff recommends that the City Council discuss and provide direction regarding the request by Councilmember Franklin and Councilmember Montgomery.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT:
1. Manhattan Beach Municipal Code Section 7.36.150 - Encroachment Standards