City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
ELECTED OFFICIALS
Mayor Hildy Stern
Mayor Pro Tem Steve Napolitano
Councilmember Richard Montgomery
Councilmember Joe Franklin
Councilmember Suzanne Hadley
Meeting Minutes - Final
Tuesday, February 1, 2022
6:00 PM
Regular Meeting
Zoom Meeting
City Council Regular Meeting
February 1, 2022City Council Regular Meeting Meeting Minutes - Final
PLEASE NOTE THAT THE CITY ARCHIVES THE VIDEO RECORDINGS OF ALL
REGULAR CITY COUNCIL MEETINGS AND THE VIDEO FOR THIS MEETING IS HEREBY INCORPORATED BY THIS REFERENCE. ALSO IN SUPPORT OF
MORE TRANSPARENCY AND THE AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE, THE CITY OFFERS CLOSED CAPTIONING FOR REGULAR CITY COUNCIL MEETINGS. FOR A COMPLETE RECORD OF THIS CITY COUNCIL MEETING, GO TO:
www.manhattanbeach.gov/departments/city-clerk/city-council-meetings-agendas-and-minutes A. CALL MEETING TO ORDER
Mayor Stern called the meeting to order.
B. PLEDGE TO THE FLAG
Katya Horasz of Manhattan Beach Middle School led the Pledge of Allegiance.
C. ROLL CALL
Roll Call by City Clerk Tamura.
Mayor Stern, Mayor Pro Tem Napolitano, Councilmember Montgomery, Councilmember Franklin and Councilmember Hadley
Present: 5 -
D. CEREMONIAL CALENDAR
1. 22-0044Presentation of a Proclamation Declaring the Week of February 20, 2022 - February 26, 2022 as National Engineers Week.
PRESENT
Mayor Stern and Public Works Director Erick Lee, on behalf of the City Council, presented a Proclamation to all of the City's engineers declaring February 20, 2022-February 26, 2022 as National Engineers Week.
New City Engineer, Katie Doherty, introduced herself to the City Council.
2. 22-0045
Presentation of a Proclamation Declaring the Month of February, 2022 as Black History Month.
PRESENT
Mayor Stern, on behalf of the City Council, presented a Proclamation declaring the Month of February 2022, as Black History Month.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final
3. 22-0046Presentation of a Certificate of Recognition in Honor of Mayor Stern’s Kindness Initiative to Cedric “Beastie” Jones, Founder of BMoved, for His Support for Inner City Youth.
PRESENT
Mayor Stern requested to postpone this recognition as Cedric Jones was not present.
E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES City Manager Bruce Moe announced that Agenda Item No. 13 was removed from the agenda and is being referred to the Parks and Recreation Commission to be discussed at their meeting of February 28, 2022. Any recommendations to the City Council, will be addressed at the March 15, 2022 City Council Meeting. Notifications regarding the Parks and Recreation Commission's discussion will be mailed to parcels within a 500 foot radius of the Bruce's Beach Park, 8th Street Parkette, and Larsson Street Parkette. The notifications are expected to be mailed by the end of next week.
He recommended that any individuals with comment regarding the item,should provide them to the Parks and Recreation Commission for consideration.
City Manager Moe introduced Public Works Director Erick Lee who provided clarification regarding the Staff recommendation for Agenda Item No. 15.
City Attorney Quinn Barrow and City Manager Moe responded to City Council questions.
Parks and Recreation Director Leyman clarified that the 500 foot notification radius reaches approximately 500 parcels per notification.
A motion was made by Councilmember Montgomery, seconded by Councilmember Hadley, to approve the agenda as amended with Agenda Item No. 13 being removed from the agenda entirely, pull Agenda Item No. 15 from the Consent Calendar for individual consideration, and waive full reading of ordinances. The motion carried by the following vote:
Aye: Stern, Napolitano, Montgomery, Franklin and Hadley5 - City Attorney Barrow clarified the motion.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
City Manager Bruce Moe announced that the search for the new Police Chief is underway and that Ralph Andersen & Associates is leading the recruitment. The City is seeking community input regarding the qualities they would like to see in the next Police Chief. Input can be emailed to
[email protected].
Cultural Arts Manager Eilen Stewart announced the opening reception of a new exhibition at the Manhattan Beach Art Center titled, "In Progress: A Mid-Career Retrospective of Charles Lynn Bragg," on February 4, 2022 from 5:00 PM to 7:00 PM.
Environmental Sustainability Manager Dana Murray announced the upcoming Dune Restoration Project dates: every Friday in the month of February as well as February 12,2022 and February 26, 2022. The events are from 9:30 AM to 11:30 AM at the lifeguard tower at 34th Street.
Library Manager Josh Murray provided that they are offering many online programs through their website at lacountylibrary.org including: "Smarty Pants Storytime" on February 4, 2022 at 11:00 AM and "African and African American Tales" on February 16, 2022 at 4:00 PM.
Betsy Rubino, as a representative of Leadership Manhattan Beach (LMB) Class of 2022, thanked the City Council for their support of the LMB Mural Project and announced that they have launched their community survey to receive input on the preferred artwork.
President and CEO of the Chamber of Commerce David Archer announced the second annual "Unity in the Community" on February 3, 2022 from 1:00 PM to 2:30 PM.
Interested parties can register for the event at manhattanbeachchamber.com.
Lucia La Rosa Ames announced that the Los Angeles County Registrar approved the petition for the recall of District Attorney George Gascon and that she is coordinating the signature gathering effort in the City of Manhattan Beach.
Councilmember Montgomery announced that the City Council, School District, and School Board are partners.
Councilmember Hadley provided comment regarding her actions at a recent Manhattan Beach School Board meeting.
Mayor Stern reiterated her statement from a previous City Council Meeting regarding the tactics of the signature gathers for the cannabis initiative and announced the misrepresentations that the circulators are allegedly making. She then provided information regarding the process for residents to withdraw their signatures: Members of the public who signed the petition may withdraw their signature by filling out a written request with the Elections Official before the petition is filed. The written request for the withdraw should be submitted to the City Clerk detailing the voter’s name, the resident address, and signature. The request can either be delivered to the Clerk’s Office at City Hall, or sent electronically to [email protected].
February 1, 2022City Council Regular Meeting Meeting Minutes - Final Introduction of New Los Angeles County Supervisor for the City of Manhattan Beach, Holly Mitchell.
4. This item was moved by Mayor Stern, to be heard prior to Agenda Section G - Public Comments.
Mayor Stern explained that changes were made to the Los Angeles County districts and that the City is now in Supervisory District 2, under Supervisor Holly Mitchell.
Mayor Stern welcomed Supervisor Mitchell.
Supervisor Mitchell introduced herself, thanked the City Council for welcoming her, and provided that she was looking forward to her partnership with the City.
G. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Dario Vullo
Whitney Stooker
Marilyn
Amy Yetasook
Fred Taylor
David Slay Sr.
Kelly Oelschlager
Lucia La Rosa Ames
Erin Shipley
Angelina Giancana
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
Update/Presentations:
Introduction of New Los Angeles County Supervisor for the City of Manhattan Beach, Holly Mitchell.
4. This item was heard prior to Agenda Section G - Public Comments.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final H. COVID-19
City Manager Report on EOC (Emergency Operations Center) and Update on COVID-19 Response.
5. City Manager Bruce Moe reported on the EOC (Emergency Operations Center) and responded to City Council questions.
The City Council provided direction to hold the February 15, 2022 Regular City Council meeting via Zoom.
City Manager Moe responded to City Council questions.
6. 22-0043Consideration of Including Contractors and Volunteers in a COVID-19 Vaccine Mandate and Directing the City Manager to Issue a Related Emergency Order (Continued from the December 21, 2021, City Council Meeting) (Human Resources Director Jenkins).
DISCUSS AND PROVIDE DIRECTION
Human Resources Director Lisa Jenkins provided the PowerPoint presentation.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Ray Joseph
Heather
Lee Phillips
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
Human Resources Director Jenkins responded to City Council questions.
The City Council took no action.
I. CONSENT CALENDAR (APPROVE)
A motion was made by Councilmember Montgomery, seconded by Councilmember Franklin, to approve the Consent Calendar as amended with the removal of Agenda Item No. 13 from the agenda and Agenda Item No. 15 moved to be heard under Section J – Items Removed from the Consent Calendar. The motion carried by the following vote:
Aye: Stern, Napolitano, Montgomery, Franklin and Hadley5 -
February 1, 2022City Council Regular Meeting Meeting Minutes - Final
7. 22-0047City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes (Joint City Council/Parks and Recreation Commissioner, Cultural Arts Commission and Library Commission) of January 11, 2022
b) City Council Regular Meeting Minutes of January 18, 2022 c) City Council Adjourned Regular Meeting Minutes (Joint City Council/Planning Commission and Parking and Public Improvements Commission) of January 19, 2022
d) City Council Adjourned Regular Meeting Minutes of January 21, 2022 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
8. 22-0041
Financial Reports: Schedule of Demands December 30, 2021, January 6, 2022, and January 13, 2022 (Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
9. 22-0088
City Council Reconsideration of the Circumstances of the Declared COVID-19 Emergency to Facilitate Remote Attendance at Public Meetings by Councilmembers and Other City Legislators Pursuant to AB 361’s Special Teleconferencing Requirements (City Attorney Barrow).
ACCEPT STAFF RECOMMENDATION
The recommendation for this item was approved on the Consent Calendar.
10. 22-0084
Consideration of a Resolution Approving a Memorandum of Understanding Between the City of Manhattan Beach and the Manhattan Beach Mid-Management Employees Association (MBMEA) (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 22-0016
The recommendation for this item was approved on the Consent Calendar.
11. 22-0083
Consideration of a Resolution Approving a Memorandum of Understanding Between the City of Manhattan Beach and the Manhattan Beach Police Officers Association (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 22-0017
The recommendation for this item was approved on the Consent Calendar.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final
12. 22-0080Consideration of a Purchase of One Budgeted Replacement Fire Engine from South Coast Fire Equipment in the Amount of $855,404.52 (Fire Chief Lang).
A) WAIVE FORMAL BIDDING
B) AUTHORIZE PURCHASE
The recommendation for this item was approved on the Consent Calendar.
13. 22-0078
Consideration of Updating the Special Events Policy, Removing the Exclusion of Bruce’s Beach and 8th Street and Larsson Street Parkettes as Possible Locations (Parks and Recreation Director Leyman).
APPROVE
This item was removed from the agenda to be referred to the Parks and Recreation Commission for discussion on February 28, 2022.
14. 22-0053
Consideration of a Purchase of One Budgeted Combination Vacuum Truck, GapVax, from Plumber’s Depot, Inc. in the Amount of $506,323.79 (Public Works Director Lee).
A) WAIVE FORMAL BIDDING
B) AUTHORIZE
The recommendation for this item was approved on the Consent Calendar.
15. 22-0029
Consideration of a Resolution Approving Amendment No. 2 to the Professional Services Agreement with Moffatt & Nichol for Additional Design Services for the Pier Railing Replacement Project at a Cost Not-to-Exceed $32,004; and Consideration of the Preferred Aluminum Coating and Seafoam Green Color Specifications for the Project (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0012
This item was removed from the Consent Calendar and heard under Section J - Items Removed from the Consent Calendar.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final J. ITEMS REMOVED FROM THE CONSENT CALENDAR
15. 22-0029Consideration of a Resolution Approving Amendment No. 2 to the Professional Services Agreement with Moffatt & Nichol for Additional Design Services for the Pier Railing Replacement Project at a Cost Not-to-Exceed $32,004; and Consideration of the Preferred Aluminum Coating and Seafoam Green Color Specifications for the Project (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0012
Councilmember Montgomery provided that he pulled the item in order to have a more thorough discussion regarding the process.
Public Works Director Erick Lee introduced Senior Civil Engineer Gilbert Gamboa who provided the PowerPoint presentation and responded to City Council questions.
Mayor Stern opened the floor to public comments.
Seeing no requests to speak, Mayor Stern closed the floor to public comments.
Senior Civil Engineer Gamboa responded to City Council questions.
A motion was made by Councilmember Montgomery, seconded by Councilmember Hadley, to adopt Resolution No. 22-0012 approving Amendment No. 2 with Moffatt & Nichol for additional design services for the Pier Railing Replacement Project and direct staff to prepare final plans and bid documents for the project with a preference to use CraneVeyor Corp as the manufacturer. The motion carried by the following vote:
Aye: Stern, Napolitano, Montgomery, Franklin and Hadley5 - At 8:14 PM the City Council recessed and reconvened at 8:22 PM with all City Councilmembers present.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final K. PUBLIC HEARINGS
16. 22-0069Consideration of the 6th Cycle Housing Element Update (HEU) and Associated Initial Study/Negative Declaration (Community Development Director Tai).
ADOPT RESOLUTION NOS. 22-0014 AND 22-0015
City Manager Bruce Moe thanked Community Development Director Tai and Planning Manager Talyn Mirzakhanian for the work they have done regarding the agenda item.
Community Development Director Tai introduced the item.
Planning Manager Mirzakhanian provided the PowerPoint presentation.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Diane Wallace
Donald McPherson
Ray Joseph
Zac Dean
Suzanne Lerner
Patricia Ambrose
Carol Perrin
Seeing no further requests to speak, Mayor Stern closed the public hearing.
A motion was made by Mayor Pro Tem Napolitano, seconded by Councilmember Montgomery, to defer a decision until the City Council can schedule a closed session to discuss potential litigation.
City Attorney Quinn Barrow provided that the City Council should continue the item if the motion passes and schedule a closed session as soon as possible.
Mayor Pro Tem Napolitano amended his motion to include continuing the agenda item.
A motion was made by Mayor Pro Tem Napolitano, seconded by Councilmember Montgomery, to continue the agenda item and defer a decision until the City Council can schedule a closed session to discuss potential litigation. The motion carried by the following vote:
Aye: Stern, Napolitano, Montgomery, Franklin and Hadley5 - City Attorney Barrow informed the public that the public hearing is closed, but the Council consideration of the item will be continued and would be scheduled the same date as the closed session.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final
17. 22-0071Public Hearing to Consider Extending Interim Ordinance No. 21-0009-U Implementing Objective Development Standards for Senate Bill (SB) 9 Development (Community Development Director Tai).
A) CONDUCT PUBLIC HEARING
B) ADOPT URGENCY ORDINANCE NO. 22-0003-U EXTENDING
THE INTERIM ZONING ORDINANCE FOR 10 MONTHS AND 15
DAYS
Community Development Director Tai provided the PowerPoint presentation and responded to City Council questions.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Zac Dean
Ray Joseph
Carol Perrin
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
A motion was made by Councilmember Montgomery, seconded by Councilmember Hadley to adopt Urgency Ordinance No. 22-0003-U.
City Attorney Quinn Barrow read the title of the Urgency Ordinance into the record:
AN INTERIM ORDINANCE OF THE CITY OF MANHATTAN BEACH EXTENDING URGENCY ORDINANCE NO. 21-0009-U ADOPTING EMERGENCY REGULATIONS
RELATED TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9 AND DECLARING THE URGENCY THEREOF
The motion carried by the following vote:
Aye: Stern, Napolitano, Montgomery, Franklin and Hadley5 - City Attorney Barrow stated that the urgency ordinance was adopted, effective immediately, and will be effective for 10 months and 15 days.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final L. GENERAL BUSINESS
18. 22-0073Review of the Community Development Department Work Plan and Priority for the Long-Term Outdoor Dining and Business Use Work Plan Item (Continued from the January 18, 2022 City Council Meeting) (Community Development Director Tai).
DISCUSS AND PROVIDE DIRECTION
Community Development Director Carrie Tai provided the PowerPoint presentation.
Community Development Director Tai and City Manager Bruce Moe responded to City Council questions.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Donald McPherson
Suzanne Lerner
Michael Zislis
Mike Simms
Carol Perrin
Jill Lamkin
Jim Burton
At 10:31 PM, Mayor Stern requested a motion to extend the meeting.
A motion was made by Mayor Pro Tem Napolitano, seconded by Mayor Stern, to extend the meeting to 11:30 PM. The motion carried by the following vote:
Aye: Stern, Napolitano, Franklin and Hadley4 -
Nay: Montgomery1 -
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
City Manager Moe and Community Development Director Tai responded to City Council questions.
A motion was made by Councilmember Montgomery, seconded by Mayor Pro Tem Napolitano, to choose Policy Alternative 1 included in the staff report, which identifies no changes to the Work Plan priorities. The motioned carried by the following vote:
Aye: Stern, Napolitano and Montgomery3 -
Nay: Franklin and Hadley2 -
February 1, 2022City Council Regular Meeting Meeting Minutes - Final
19. 22-0074Consideration of Fees Paid for Long-Term Commercial Usage of City Property (Continued from the January 18, 2022 City Council Meeting) (Finance Director Charelian).
DISCUSS AND PROVIDE DIRECTION
Finance Director Steve Charelian provided the PowerPoint presentation and responded to City Council questions.
Mayor Stern opened the floor to public comments.
Seeing no requests to speak, Mayor Stern closed the floor to public comments.
A motion was made by Councilmember Hadley, seconded by Councilmember Franklin to waive the fees for long-term commercial use of City-owned properties from the beginning of the Short-Term Outdoor Program (July 1, 2020 through October 1, 2021), in the amount of $37,392. The motion carried by the following vote:
Aye: Montgomery, Franklin and Hadley3 -
Nay: Stern and Napolitano2 -
20. 22-0086
Consideration of a Resolution Approving an Exception to the 180-Day Waiting Period to Hire Retired Police Lieutenant Ryan Small as a CalPERS Retired Annuitant Pursuant to Government Code Sections 7522.56 and 21224 and Approval of an Employment Agreement with Ryan Small (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 22-0018
Human Resources Director Jenkins provided a brief background regarding the item.
Mayor Stern opened the floor to public comments.
Seeing no requests to speak, Mayor Stern closed the floor to public comments.
A motion was made by Councilmember Montgomery, seconded by Mayor Pro Tem Napolitano to adopt Resolution No. 22-0018 approving an exception to the 180-day waiting period to hire retired Police Lieutenant Ryan Small as a CalPERS Retired Annuitant pursuant to Government Code Sections 7522.56 and 21224 and approving an employment agreement with retired Police Lieutenant Ryan Small. The motion carried by the following vote:
Aye: Stern, Napolitano, Montgomery, Franklin and Hadley5 -
February 1, 2022City Council Regular Meeting Meeting Minutes - Final
21. 22-0022Consideration of Beginning City Council Meetings at an Earlier Time to Hear Ceremonial Presentations (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Mayor Stern opened the floor to public comments.
Seeing no requests to speak, Mayor Stern closed the floor to public comments.
A motion was made by Councilmember Montgomery, seconded by Councilmember Hadley, to provide the Mayor the discretion to have an earlier start time to the Ceremonial portion of a City Council meeting if there are more than 2 ceremonial items scheduled on the agenda. The motion carried by the following vote:
Aye: Montgomery, Franklin and Hadley3 -
Nay: Stern and Napolitano2 -
City Attorney Quinn Barrow provided clarification regarding the motion: if the Mayor schedules an earlier start in order to present ceremonial items, a quorum of the City Council does not need to be present, and the regularly scheduled City Council meetings will continue to begin at 6:00 PM.
City Manager Moe received further clarification regarding the motion.
City Attorney Barrow responded to City Council questions and clarified that ceremonial presentations occurring prior to the start of a 6:00 PM Regular City Council Meeting, without a quorum of Councilmembers, does not constitute a City Council meeting. If the Mayor schedules a ceremonial meeting, it will be publicized and any Councilmembers and members of the public may attend.
It was further clarified that the Student Pledge Program is not considered a ceremonial item.
February 1, 2022City Council Regular Meeting Meeting Minutes - Final M. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS City Council AB 1234 Reports.22.
None.
23. 22-0079Consider Request by Mayor Pro Tem Napolitano and Councilmember Montgomery to Discuss Commercial Areas and Properties in the City that may be Eligible for Residential Development (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Councilmember Hadley provided that she would be the third vote in order to have the item placed on a future agenda.
24. 22-0076
Consider Request by Councilmember Franklin and Councilmember Montgomery to Discuss Continuing the Placement of Plaques at Bruce’s Beach (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Councilmember Hadley provided that she would be the third vote in order to have the item placed on a future agenda.
N. FUTURE AGENDA ITEMS
Councillmember Hadley requested to agendize a discussion regarding increasing occupancy rates for local restaurants. Councilmember Franklin seconded the request.
O. CITY MANAGER REPORT
None.
P. CITY ATTORNEY REPORT
None.
Q. INFORMATIONAL ITEMS
25. 22-0048
Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.