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, April 5, 2022
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
April 5, 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
Mayor Stern 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. 22-0158Presentation of a Commendation to Malia Kowal for Obtaining the Girl Scout Gold Award.
(Estimated Time: 5 Min.)
PRESENT
Mayor Stern, on behalf of the City Council, presented a Commendation to Malia Kowal for obtaining the Girl Scout Gold Award.
Executive Director of the Roundhouse Aquarium, Grace Adams, provided comments regarding Malia's achievement.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final
2. 22-0025Presentation of Certificates of Recognition in Honor of Mayor Stern’s Kindness Initiative to Allison Hales, Justin Verbiest, Billy Corvalan and Lenora Marouani, as the Founders of Culture Club South Bay. (Estimated Time: 5 Min.)
PRESENT
Mayor Stern, on behalf of the City Council, presented Certificates of Recognition to Allison Hales, Justin Verbiest, Billy Corvalan and Lenora Marouani, as the Founders of Culture Club South Bay.
E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Councilmember Montgomery, seconded by Councilmember Franklin, to approve the agenda, pull Agenda Item No. 9 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 - F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
Environmental Sustainability Manager, Dana Murray, provided an update on the Dune Restoration project and announced the following events: on April 22, 2022, the Wasteless Shop is hosting an event regarding how to reduce waste at home; on April 23, 2022, the Roundhouse Aquarium is hosting an Earth Day event; and on April 27, 2022, at 5:00 PM, the City will be hosting a virtual Earth Day public workshop entitled "Go Green While Saving Green."
Brenda Cervantes announced a shred event on April 9, 2022, from 9:00 AM to 11:00 AM, in the Mira Costa High School Parking Lot.
Deborah Goldberg announced the Leadership Manhattan Beach Class of 2022 community painting event for their class project on April 30, 2022, at the Manhattan Beach Art Center. Information can be found at leadershipmb.org.
Library Manager, Josh Murray, announced the Birds 101 Virtual Program on April 13, 2022 from 5:00 PM to 6:00 PM. Registration for all library programs can be completed at lacountylibrary.org.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final G. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Assistant City Clerk, Martha Alvarez, announced the following public comments that were received for the April 5, 2022 Regular City Council Meeting:
Agenda Item No. 2
19 eComments
Agenda Item No. 18
4 eComments
2 emails
Agenda Item No. 21
20 eComments
37 emails
Other Items Not on the Agenda
2 emails
Mayor Stern opened the floor to public comments.
Seeing no requests to speak, Mayor Stern closed the floor to public comments.
H. COVID-19
City Manager Update on COVID-19 Response.3.
City Manager Bruce Moe reported on the EOC (Emergency Operations Center).
The City Council provided direction to hold the April 19, 2022, Regular City Council Meeting in a hybrid format with participants joining either in-person or via Zoom.
I. CONSENT CALENDAR (APPROVE)
A motion was made by Councilmember Montgomery, seconded by Councilmember Hadley, to approve the Consent Calendar with Agenda Item No. 9 being removed 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 -
4. 22-0161
Declaration of Proclamations for the Following:
a) Month of April 2022 as Earth Month
b) Month of April 2022 as DMV/Donate Life Month
c) Month of April 2022 as National Child Abuse Prevention Month
PROCLAIM
The recommendation for this item was approved on the Consent Calendar.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final
5. 22-0159City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of March 8, 2022 (Closed Session and Work Plan Meeting)
b) City Council Adjourned Regular Meeting Minutes of March 10, 2022 (Closed Session and Bruce’s Beach Park Plaque Language Study Session)
c) City Council Adjourned Regular Meeting Minutes of March 14, 2022 (Closed Session)
d) City Council Regular Meeting Minutes of March 15, 2022 e) City Council Adjourned Regular Meeting Minutes of March 22, 2022 (Closed Session and 6th Cycle Housing Element Study Session) (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
6. 22-0171
Financial Reports: Schedule of Demands March 3, 2022 and March 10, 2022 (Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
7. 22-0169
Consideration of Sending a Letter to Governor Newsom in Support of the Proposed Framework for the Community Assistance, Recovery and Empowerment (CARE) Court Program (City Manager Moe).
APPROVE LETTER
The recommendation for this item was approved on the Consent Calendar.
8. 22-0160
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.
9. 22-0166
Consideration of a Five-Year General Services Agreement with the County of Los Angeles for Miscellaneous County Services on an As-Needed Basis (City Attorney Barrow).
ADOPT RESOLUTION NO. 22-0046
This item was removed from the Consent Calendar and heard under Section J - Items Removed from the Consent Calendar.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final
10. 22-0183Consideration of a Resignation from Los Angeles County West Vector Control Board Trustee Frazee, Declare Vacant Los Angeles County West Vector Control Board Trustee Member-At-Large Seat (Frazee), and Defer Appointment Until the Annual Boards and Commissions Interview and Appointment Process (City Clerk Tamura).
A) ACCEPT RESIGNATION
B) DECLARE VACANCY
C) DEFER APPOINTMENT
The recommendation for this item was approved on the Consent Calendar.
11. 22-0101
Consideration of a Resolution Ordering Plans, Specifications, Cost Estimates, and Engineer’s Report for Annual Street Lighting and Landscaping Assessments (Finance Director Charelian).
ADOPT RESOLUTION NO. 22-0040
The recommendation for this item was approved on the Consent Calendar.
12. 22-0163
Second Reading and Adoption of an Ordinance Repealing Manhattan Beach Municipal Code Section 4.108 - Vehicle for Hire Franchise (Finance Director Charelian).
ADOPT ORDINANCE NO. 22-0005
The recommendation for this item was approved on the Consent Calendar.
13. 22-0146
Consideration of a Resolution Approving a Memorandum of Understanding Between the City of Manhattan Beach and Manhattan Beach Part-Time Employees Association (MBPTEA) (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 22-0029
The recommendation for this item was approved on the Consent Calendar.
14. 22-0136
Consideration of a Sole Source Purchase of One Neutral
Output-Discharge Elimination System (NO-DES) Truck from NO-DES Inc. to Insource Water Distribution System Flushing Services, in the Amount of $525,566 (Public Works Director Lee).
A) APPROPRIATE FUNDS
B) WAIVE FORMAL BIDDING DUE TO SOLE SOURCING
C) AUTHORIZE PURCHASE
The recommendation for this item was approved on the Consent Calendar.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final
15. 22-0137Formally Accept as Complete the Aviation Boulevard at Artesia Boulevard Southbound to Westbound Right Turn Lane Improvement Project; Authorize Filing a Notice of Completion with the County Recorder; Release Retention of $38,242.37 (Public Works Director Lee).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
16. 22-0141
Consideration of a Resolution Approving Amendment No. 1 Adding $300,000 to the Tree Management Services Agreement with West Coast Arborists for Citywide Tree Trimming Services (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0041
The recommendation for this item was approved on the Consent Calendar.
17. 22-0142
Consideration of a Resolution Approving Amendment No. 5 Adding $325,000 to the Maintenance Services Agreement with Merchants Landscaping for Citywide Landscaping Services (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0042
The recommendation for this item was approved on the Consent Calendar.
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. 22-0166
Consideration of a Five-Year General Services Agreement with the County of Los Angeles for Miscellaneous County Services on an As-Needed Basis (City Attorney Barrow).
ADOPT RESOLUTION NO. 22-0046
Councilmember Franklin provided that he pulled the item to better understand the types of services that are provided by the County and included in the general services agreement.
City Manager Moe provided the types of services outlined under the agreement and responded to City Council questions.
A motion was made by Councilmember Hadley, seconded by Mayor Pro Tem Napolitano, to adopt Resolution No. 22-0046, approving an agreement with the County of Los Angeles for general services. The motion carried by the following vote:
Aye: Stern, Napolitano, Montgomery, Franklin and Hadley5 - K. PUBLIC HEARINGS
None.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final L. GENERAL BUSINESS
18. 22-0148Consideration of Actions Regarding a Citizen-Initiated Ballot Measure to Repeal the City’s Existing Prohibition of Commercial Cannabis Activity and Allow Three Cannabis Retail Stores in the City (City Clerk Tamura).
A) ADOPT RESOLUTION NO. 22-0047 - ACCEPTING
CERTIFICATION OF SUFFICIENCY OF SIGNATURES
B) SELECT ONE OF THE THREE FOLLOWING OPTIONS:
1. ADOPT THE INITIATIVE ORDINANCE, WITHOUT
CHANGE
2. CONSOLIDATE AN ELECTION ON THE INITIATIVE
WITH THE REGULAR GENERAL MUNICIPAL
ELECTION ON NOVEMBER 8, 2022
3. DIRECT STAFF TO PREPARE A REPORT PER
CALIFORNIA ELECTIONS CODE SECTIONS 9212
C) DISCUSS AND PROVIDE DIRECTION
Councilmember Montgomery announced that he had a financial interest in the cannabis industry and thus would recuse himself from participating in the agenda item.
City Clerk Liza Tamura and Policy & Management Analyst Alexandria Latragna provided the Staff presentation.
City Attorney Quinn Barrow and Policy & Management Analyst Latragna responded to City Council questions.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Jonatan Cvetko
Lee Phillips
Heather
Jacqueline Sun
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
City Attorney Barrow responded to City Council questions.
A motion was made by Mayor Pro Tem Napolitano, seconded by Councilmember Franklin, to adopt Resolution No. 22-0047, accepting the certification of the Registrar of Voters as to the sufficiency of the petition for an initiative ordinance to (1) allow a maximum of three cannabis retailers in Manhattan Beach; (2) repeal the City’s existing prohibition of all commercial cannabis activity and allow the City Council discretion to legalize other cannabis uses; and (3) impose operational, design, and location requirements on such businesses. The motion carried by the following vote:
Aye: Stern, Napolitano, Franklin and Hadley4 -
Recused: Montgomery1 -
April 5, 2022City Council Regular Meeting Meeting Minutes - Final A motion was made by Councilmember Hadley to direct staff to return with a report regarding the initiative’s effects on the City, per California Elections Code Section 9212.
City Attorney Barrow responded to City Council questions.
A motion was made by Councilmember Hadley, seconded by Councilmember Franklin, to direct staff to return with a report regarding the initiative’s effects on the City, per California Elections Code Section 9212. The motion carried by the following vote
Aye: Stern, Napolitano, Franklin and Hadley4 -
Recused: Montgomery1 -
City Attorney Barrow stated that the report would return on the May 3, 2022 Regular City Council Meeting agenda.
19. 22-0118
Proposed Dynamic Message Sign Technology for the Manhattan Beach Advanced Traffic Signal System Project (Public Works Director Lee). (Estimated Time: 30 Min.)
DISCUSS AND PROVIDE DIRECTION
Public Works Director Erick Lee provided background on the item and introduced Senior Civil Engineer Helen Shi who provided the PowerPoint presentation.
Senior Civil Engineer Shi responded to City Council questions.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Geraldine Seris
Jim Burton
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
Senior Civil Engineer Helen Shi and Fire Chief Mike Lang responded to City Council questions.
The City Council provided direction to staff to no longer pursue implementing the proposed dynamic message sign technology for the Manhattan Beach Advanced Traffic System Project.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final
20. 22-0036Consideration of Resolutions to Initiate the Proposition 218 Process to Consider Increasing Water Rate Fees and Adopt Procedures in Connection with Proposed Water Fee Increases (Public Works Director Lee).
(Estimated Time: 1 Hr.)
ADOPT RESOLUTION NOS. 22-0043 AND 22-0044
Public Works Director Erick Lee introduced Senior Civil Engineer Tim Birthisel.
Senior Civil Engineer Birthisel and Rate Study Consultant, Steve Gagnon of Raftelis Financial Consultants, Inc., provided the PowerPoint presentation.
Mr. Gagnon, Public Works Director Lee, City Attorney Quinn Barrow, and City Manager Bruce Moe responded to City Council questions.
Senior Civil Engineer Birthisel finished the PowerPoint presentation.
Public Works Director Lee and Mr. Gagnon responded to City Council questions.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Diane Wallace
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
Mr. Gagnon and Public Works Director Lee responded to City Council questions.
A motion was made by Councilmember Montgomery to adopt Resolution No. 22-0043 and Resolution No. 22-0044.
Mayor Pro Tem Napolitano inquired if Councilmember Montgomery would consider adding to the motion that staff seek a rate reduction from the West Basin Municipal Water District by any means possible, and if received, provide a rebate to the taxpayers.
A motion was made by Councilmember Montgomery, seconded by Mayor Pro Tem Napolitano, to adopt Resolution No. 22-0043, initiating proceedings to consider proposed water rate increases and setting a date and time for a public hearing to consider protests thereto; adopt Resolution No. 22-0044, adopting procedures in connection with proposed water rate fee increases; and have staff seek out a rate reduction from the West Basin Municipal Water District, and if received, consider recommending rebates to the taxpayers.
The motion carried by the following vote:
Aye: Stern, Napolitano and Montgomery3 -
Nay: Franklin and Hadley2 -
April 5, 2022City Council Regular Meeting Meeting Minutes - Final At 8:53 PM, the City Council recessed and reconvened at 9:03 PM with all Councilmembers present.
21. 22-0145Consideration of a Resolution Regarding an Official City Council Endorsement for the Recall of District Attorney George Gascón (City Manager Moe).
(Estimated Time: 1 Hr.)
CONSIDER RESOLUTION NO. 22-0045
City Manager Bruce Moe provided that there was no Staff presentation and that the item was open to the City Council for discussion.
Mayor Stern opened the floor to public comments. The following individual(s) spoke:
Allen Kirschenbaum
Heidi Reyden-Tobias
Seeing no further requests to speak, Mayor Stern closed the floor to public comments.
City Attorney Quinn Barrow responded to City Council questions.
The City Council provided direction to continue the item to the April 19, 2022 Regular City Council Meeting.
M. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS Councilmember Montgomery presented a report on presentations at the Independent Cities Association Winter Seminar that he attended.
N. FUTURE AGENDA ITEMS
None.
O. CITY MANAGER REPORT
None.
P. CITY ATTORNEY REPORT
None.
April 5, 2022City Council Regular Meeting Meeting Minutes - Final Q. INFORMATIONAL ITEMS
22. 22-0164Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
23. 22-0156Commission Minutes:
This Item Contains Minutes of the following City Commission Meetings:
a) Library Commission Meeting Minutes of October 11, 2021 (Rescheduled) (Parks and Recreation Director Leyman)
b) Cultural Arts Commission Meeting Minutes of November 15, 2021 (Parks and Recreation Director Leyman)
c) Library Commission Meeting Minutes of December 13, 2021 (Parks and Recreation Director Leyman)
d) Parks and Recreation Commission Meeting Minutes of December 14, 2021 (Parks and Recreation Director Leyman)
e) Parks and Recreation Commission Meeting Minutes of December 27, 2021 (Rescheduled) (Parks and Recreation Director Leyman) f) Library Commission Meeting Minutes of January 10, 2022 (Cancelled) (Parks and Recreation Director Leyman)
g) Cultural Arts Commission Meeting Minutes of January 17, 2022 (Rescheduled) (Parks and Recreation Director Leyman)
h) Parks and Recreation Commission Meeting Minutes of January 24, 2022 (Parks and Recreation Director Leyman)
i) Planning Commission Meeting Minutes of February 23, 2022 (Community Development Director Tai)
j) Parks and Recreation Commission Meeting Minutes of February 28, 2022 (Parks and Recreation Director Leyman)
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
R. CLOSED SESSION
None.