City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
ELECTED OFFICIALS
Mayor Steve Napolitano
Mayor Pro Tem Richard Montgomery
Councilmember Joe Franklin
Councilmember Suzanne Hadley
Councilmember Hildy Stern
Meeting Minutes - Final
Tuesday, June 21, 2022
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
June 21, 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 Napolitano called the meeting to order.
B. PLEDGE TO THE FLAG
City Manager Bruce Moe led the Pledge of Allegiance.
C. ROLL CALL
Roll Call by City Clerk Liza Tamura.
Mayor Napolitano, Mayor Pro Tem Montgomery, Councilmember Franklin, Councilmember Hadley and Councilmember Stern
Present: 5 -
D. CEREMONIAL CALENDAR
1. 22-0203Presentation of Certificates of Commendation Recognizing Police Sergeant Michael Lynch as Police Officer of the Year and Fire Engineer/Paramedic Steve Fairbrother as Firefighter of the Year.
PRESENT
This item was continued to a future City Council meeting.
2. 22-0229
Presentation of Certificates of Commendation to Manhattan Beach Police Sergeant Michael Trani and Police Officer Arai White for Receiving the 2022 Medal of Valor Distinguished Service Award and Police Sergeant Michael Lynch for Receiving the 2022 Medal of Valor Life Saving Award.
PRESENT
This item was continued to a future City Council meeting.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Councilmember Stern, seconded by Mayor Pro Tem Montgomery, 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: Napolitano, Montgomery, Franklin, Hadley and Stern5 - F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
MB CERT Program Manager Frank Chiella announced a picnic on June 25, 2022, from 11:00 AM -2:00 PM in Polliwog Park for all of their CERT members.
Councilmember Franklin provided an update regarding the Bicycle Safety Program.
Mayor Pro Tem Montgomery announced that Dunkin’ Donuts would be coming to Manhattan Beach Boulevard and Sepulveda Boulevard beginning November 1, 2022.
President and CEO of the Chamber of Commerce David Archer invited the community to two ribbon cuttings on June 25, 2022: Reset by Therabody at the Manhattan Village Mall at 11:00 AM and at Pure Coffee at 12:00 PM.
Waste Management Public Sector Representative Brenda Cervantes announced a free paper shredding event on June 25, 2022, from 9:00 AM - 11:00 AM, in the Mira Costa High School parking lot. Future shredding events will occur on August 13, 2022 and October 22, 2022.
Heather announced a Life Scout project to revitalize San Dune park and encouraged the community to donate to the Scout's fundraising website.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final Updates and Presentations:
Update on Fire Station No. 2 Reconstruction Project (Public Works Director Lee and Fire Chief Lang).
(Estimated Time: 5 Min.)
RECEIVE UPDATE
3. Fire Chief Mike Lang provided an update on the Fire Station No. 2 Reconstruction Project.
Public Works Director Erick Lee introduced City Engineer Katie Doherty who provided the PowerPoint presentation regarding the project and responded to City Council questions.
G. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Mayor Napolitano opened the floor to public comments. The following individual(s) spoke:
Kristin Muller
Frank Chiella
Heidi Reyden-Tobias
Bernard Wong
Kimberly Mack
Danielle Krasnoff
Unknown Speaker
Christina Yee
Lucia La Rosa Ames
Jim Burton
Charlene Harding
Heather Kim
Seeing no further requests to speak, Mayor Napolitano closed the floor to public comments.
City Manager Bruce Moe introduced Acting Police Captain Andrew Harrod who spoke about the City’s efforts to assist with the increasing coyote issues.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final H. CONSENT CALENDAR (APPROVE)
A motion was made by Mayor Pro Tem Montgomery, seconded by Councilmember Franklin, to approve the Consent Calendar with Agenda Item No. 9 being removed to be heard under Section I - Items Removed from the Consent Calendar. The motion carried by the following vote:
Aye: 5 - Napolitano, Montgomery, Franklin, Hadley and Stern
4. 22-0240City Council Minutes:
This Item Contains the City Council Regular Meeting Minutes of June 7, 2022 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
5. 22-0257
Financial Reports: Schedule of Demands May 19, 2022, and May 26, 2022 (Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
6. 22-0271
Consideration of the Approval of City Council Assignments (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
7. 22-0254
Consideration of Adopting Resolutions Calling and Giving Notice of the November 8, 2022, General Municipal Election to be Conducted by the Los Angeles County Registrar - Recorder/County Clerk for Two City Council Seats (City Clerk Tamura and City Attorney Barrow).
ADOPT RESOLUTION NOS. 22-0091, 22-0092, AND 22-0093
The recommendation for this item was approved on the Consent Calendar.
8. 22-0273
Update on the City’s Mandatory COVID-19 Vaccination Policy and Discontinuation of Mandated Testing for Unvaccinated Employees (Human Resources Director Jenkins).
A) RECEIVE UPDATE
B) APPROVE
The recommendation for this item was approved on the Consent Calendar.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final
9. 22-0272Consideration of a Resolution Approving a Memorandum of Understanding with Oceanographic Teaching Stations for a One-Year Extension of the Pilot Program Authorizing the Use of the Roundhouse for Fundraising Events (Parks and Recreation Director Leyman).
ADOPT RESOLUTION NO. 22-0083
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.
10. 22-0266
Consideration of a Resolution Acknowledging Compliance with Senate Bill 1205 and California Health & Safety Code Section 13146.4 (State Mandated Fire Inspections) (Fire Chief Lang).
ADOPT RESOLUTION NO. 22-0090
The recommendation for this item was approved on the Consent Calendar.
11. 22-0276
Consideration of a Resolution Approving an Agreement with Morningstar Productions LLC for a One-Year Contract for Concerts in the Park Sound and Stage Rental Services with an Estimated Annual Cost of $59,400 (Parks & Recreation Director Leyman).
ADOPT RESOLUTION NO. 22-0084
The recommendation for this item was approved on the Consent Calendar.
12. 22-0267
Consideration of a Resolution Approving a Use Permit to Upgrade An Existing Alcohol License From Allowing Off-Sale Beer and Wine to Allow Off-Sale Beer, Wine, and Distilled Spirits at an Existing Convenience Store at 1221 Artesia Boulevard, Suite 101, and Associated Environmental Determination in Accordance with the California Environmental Quality Act (CEQA) (7-Eleven) (Community Development Director Tai).
ADOPT RESOLUTION NO. 22-0085
The recommendation for this item was approved on the Consent Calendar.
13. 22-0274
Consideration of a Resolution to Increase the City Manager’s Authority to Approve Additional Work by the Contractor, Pro Finish Painting, Inc., dba Pro Finish Construction Services, Inc., for the Parking Structure Lot 3 Repairs Project by $37,353 and Approving a Corresponding Appropriation from the Parking Fund (Public Works Director Lee).
A) ADOPT RESOLUTION NO. 22-0094
B) APPROPRIATE FUNDS
The recommendation for this item was approved on the Consent Calendar.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final I. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. 22-0272Consideration of a Resolution Approving a Memorandum of Understanding with Oceanographic Teaching Stations for a One-Year Extension of the Pilot Program Authorizing the Use of the Roundhouse for Fundraising Events (Parks and Recreation Director Leyman).
ADOPT RESOLUTION NO. 22-0083
Councilmember Franklin stated that he pulled the item as he had additional questions.
Parks and Recreation Director Mark Leyman and City Manager Bruce Moe responded to City Council questions.
Mayor Napolitano opened the floor to public comments.
Seeing no requests to speak, Mayor Napolitano closed the floor to public comments.
A motion was made by Mayor Pro Tem Montgomery, seconded by Councilmember Franklin, to adopt Resolution No. 22-0083, adopting the Memorandum of Understanding between the City of Manhattan Beach and Oceanographic Teaching Stations, Inc. authorizing the use of the Roundhouse for fundraising events. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
June 21, 2022City Council Regular Meeting Meeting Minutes - Final J. PUBLIC HEARINGS
14. 22-0038Conduct Public Hearing and Consideration of a Resolution Providing for Annual Levy and Collection of Street Lighting and Landscaping District Maintenance Assessments for Fiscal Year 2022-2023 (Finance Director Charelian).
(Estimated Time: 15 Min.)
A) CONDUCT PUBLIC HEARING
B) ADOPT RESOLUTION NO. 22-0086 PROVIDING FOR ANNUAL
LEVY AND COLLECTION OF FISCAL YEAR 2022-2023
MAINTENANCE ASSESSMENTS
Financial Services Manager Libby Bretthauer provided the Staff presentation.
Mayor Napolitano opened the public hearing.
Seeing no requests to speak, Mayor Napolitano closed the public hearing.
A motion was made by Councilmember Hadley, seconded by Mayor Pro Tem Montgomery, to adopt Resolution No. 22-0086, confirming a diagram and assessment for the 2022-2023 Fiscal Year, and ordering improvements in connection with Manhattan Beach Landscaping and Street Lighting Maintenance District No. 99 pursuant to the provisions of Part 2 of Division 15 of the Streets and Highways Code. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
15. 22-0188
Conduct Public Hearing and Consideration of a Resolution Amending the Water Shortage Contingency Plan (Public Works Director Lee). (Estimated Time: 5 Min.)
A) CONDUCT PUBLIC HEARING
B) ADOPT RESOLUTION NO. 22-0087
Public Works Director Erick Lee introduced Public Works Utilities Division Management Analyst Nicholle Petroff, who provided the PowerPoint presentation.
Mayor Napolitano opened the public hearing.
Seeing no requests to speak, Mayor Napolitano closed the public hearing.
A motion was made by Councilmember Franklin, seconded by Councilmember Hadley, to adopt Resolution No. 22-0087, amending the Water Shortage Contingency Plan. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
June 21, 2022City Council Regular Meeting Meeting Minutes - Final
16. 22-0226Consideration of the Annual Water Supply and Demand Assessment Pursuant to Water Code Section 10632.1 and Consideration of a Resolution Declaring a Stage 2 Water Shortage and Imposing Drought Restrictions in Accordance with Emergency Water Conservation Regulations Enacted by the State Water Resources Control Board and Municipal Code Section 7.44 (Public Works Director Lee). (Estimated Time: 30 Min.)
A)
RECEIVE AND FILE ASSESSMENT
B) ADOPT RESOLUTION NO. 22-0088
Public Works Utilities Division Management Analyst Nicholle Petroff provided the PowerPoint presentation.
Public Works Director Erick Lee and Management Analyst Petroff responded to City Council questions.
Mayor Napolitano opened the floor to public comments.
Seeing no requests to speak, Mayor Napolitano closed the floor to public comments.
A motion was made by Councilmember Hadley, seconded by Councilmember Stern, to receive and file the assessment and adopt Resolution No. 22-0088, approving the implementation of drought restrictions in accordance with Municipal Code Section 7.44.030. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
June 21, 2022City Council Regular Meeting Meeting Minutes - Final
17. 22-0278Consideration of Presenting to the Voters a City Initiative Measure Establishing Local Regulation and Taxation of Commercial Cannabis Activity (City Manager Moe).
(Estimated Time: 1 Hr.)
DISCUSS AND PROVIDE DIRECTION
Mayor Pro Tem Montgomery announced that he had a financial interest in the cannabis industry and thus would recuse himself from participating in the agenda item, and left Council Chambers.
Policy & Management Analyst Alexandria Latragna provided the PowerPoint presentation.
City Attorney Quinn Barrow and Policy & Management Analyst Latragna responded to City Council questions.
Mayor Napolitano opened the floor to public comments. The following individual(s) spoke:
Jim Burton
Jacqueline Sun
Heather Kim
Seeing no further requests to speak, Mayor Napolitano closed the floor to public comments.
City Attorney Barrow responded to City Council questions as the City Council provided direction.
The City Council provided direction to staff regarding the following features of the counter measure regulating and taxing cannabis:
1. Location: add buffer zones for religious facilities, schools, the library, and parks; explore the impacts of increasing buffer zones from 1,000 feet to 1,500 feet; if permissible, allow for only one cannabis retailer in the City. Explore 1,500 feet as the required distance between cannabis retailers; and follow the state definitions of day care center/childcare facility and schools rather than identifying specific schools in the buffer zones, specifically including private and religious schools and day care centers.
2. Tax Rate: make the excise tax rate a minimum of 15% up to a maximum of 20%.
3. Application Requirements: utilize similar language from the City of El Segundo where the City Manager is authorized to establish any additional rules, regulations, and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of cannabis businesses, and the City’s oversight.
K. GENERAL BUSINESS
June 21, 2022City Council Regular Meeting Meeting Minutes - Final
4. Number of Permits: if the City is allowed to limit the number of cannabis retailers to one, allow for one permit. Otherwise, the maximum number of permits would be two.
5. Miscellaneous Items: if allowed, prohibit cultivation, lab testing, and Manhattan Beach based deliveries.
6. Other Items: research limiting the sale of products that have the tendency to entice youth.
City Attorney Barrow responded to City Council questions.
At 8:27 PM, the City Council recessed and reconvened at 8:34 PM with all City Councilmembers present.
18. 22-0149Consideration of a Resolution Approving a Memorandum Of Understanding with Clean Power Alliance for the Power Ready Program to Install Solar and Energy Storage at the Joslyn Community Center Parking Lot as a Critical Community Facility (Community Development Director Tai and Public Works Director Lee).
(Estimated Time: 45 Min.)
ADOPT RESOLUTION NO. 22-0070
Community Development Director Carrie Tai introduced Environmental Sustainability Manager Dana Murray, who provided the PowerPoint presentation.
Environmental Sustainability Manager Murray and Clean Power Alliance (CPA) representative Jack Clark responded to City Council questions.
Mayor Napolitano opened the floor to public comments. The following individual(s) spoke:
Lee Phillips
Lucia La Rosa Ames
Heidi Reyden-Tobias
Heather
Diane Wallace
Seeing no further requests to speak, Mayor Napolitano closed the floor to public comments.
CPA representative Clark responded to City Council questions.
City Attorney Quinn Barrow provided clarification regarding whether or not a motion was required.
The City Council took no action.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final
19. 22-0227Consideration of a Resolution Approving Amendment No. 2 to the Professional Services Agreement with IDS Group Inc. for Additional Design Services of $15,965 for the Fitness Station at Upper Polliwog Park (Public Works Director Lee and Parks and Recreation Director Leyman).
(Estimated Time: 30 Min.)
ADOPT RESOLUTION NO. 22-0089
Parks and Recreation Director Mark Leyman provided the PowerPoint presentation and responded to City Council questions.
Mayor Napolitano opened the floor to public comments.
Seeing no requests to speak, Mayor Napolitano closed the floor to public comments.
Parks and Recreation Director Leyman responded to City Council questions.
A motion was made by Mayor Pro Tem Montgomery, seconded by Councilmember Franklin, to adopt Resolution No. 22-0089, approving Amendment No. 2 to the agreement between the City of Manhattan Beach and IDS Group, Inc., for additional design services for the Polliwog Park Fitness Station Project.; and request that the National Fitness Campaign logos and QR codes be placed on the interior wall of the fitness station. The motion carried by the following vote:
Aye: Montgomery, Franklin, Hadley and Stern4 -
Nay: Napolitano1 -
20. 22-0286
Consideration of the Appointment of Stephen D’Amico to the Vacant Parking and Public Improvements Business Community Seat No. 4 or Consideration of an Extension to the Application Period to Increase the Applicant Pool (City Clerk Tamura).
(Estimated Time: 5 Min.)
APPOINT OR EXTEND APPLICATION PERIOD
A motion was made by Councilmember Hadley, seconded by Mayor Pro Tem Montgomery, to appoint Stephen D'Amico to the Parking and Public Improvements Commission Business Community Seat No. 4. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 - L. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS City Council AB 1234 Reports.21.
None.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final
22. 22-0237Consider Request by Councilmember Montgomery and Mayor Stern to Discuss Street Sweeping Restrictions on Rowell Avenue and Meadows Avenue (Continued from the May 3, 2022, City Council Meeting) (City Manager Moe).
(Estimated Time: 15 Min.)
DISCUSS AND PROVIDE DIRECTION
Councilmember Hadley provided that she would be the additional vote in order to have the item placed on a future agenda.
23. 22-0270
Consider Request by Mayor Napolitano and Councilmember Hadley to Discuss Reducing Water Usage at Medians (City Manager Moe). (Estimated Time: 10 Min.)
DISCUSS AND PROVIDE DIRECTION
Councilmember Stern said she would be the additional vote in order to have the item placed on a future agenda.
M. FUTURE AGENDA ITEMS
Councilmember Hadley requested to agendize a report regarding coyote management.
Mayor Napolitano seconded the request.
City Manager Bruce Moe and City Attorney Quinn Barrow responded to City Council questions and clarified that the item did not require a third vote to be placed on the agenda and that staff would return with a report.
Councilmember Stern requested to agendize a discussion regarding the City’s regulations and the ordinance that is in place in regard to the use of City facilities during political campaigns. Mayor Pro Tem Montgomery seconded the request.
N. CITY MANAGER REPORT
City Manager Bruce Moe stated that he would have a status regarding the fulfillment of the Police Chief position in approximately 7 days.
Councilmember Hadley proposed moving the August 16, 2022, Regular City Council meeting to August 23, 2022.
City Manager Moe clarified that the August 16, 2022, meeting needed to occur due to a legal requirement.
O. CITY ATTORNEY REPORT
None.
June 21, 2022City Council Regular Meeting Meeting Minutes - Final P. INFORMATIONAL ITEMS
24. 22-0244Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
25. 22-0275Recent Planning Commission Decision:
Consideration of Four Appeals of the Community Development Director’s Decision to Approve a Precise Development Plan, Coastal Development Permit, and Tentative Parcel Map for the Demolition of a Banquet Facility and Multiuse Commercial Building and Subsequent Construction of a 96,217 Square-Foot Multifamily Residential Building with 79 Rental Dwelling Units, with the Developer Utilizing a Density Bonus Pursuant to State Law, Inclusive of Waivers and Concessions, at 401 Rosecrans Avenue and 3770 Highland Avenue (Community Development Director Tai).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
26. 22-0282
Commission Minutes:
This Item Contains Minutes of the following City Commission Meetings:
a) Cultural Arts Commission Meeting Minutes of April 18, 2022 (Parks and Recreation Director Leyman).
b) Parks and Recreation Commission Meeting Minutes of April 25, 2022 (Parks and Recreation Director Leyman)
c) Library Commission Meeting Minutes of May 9, 2022 (Parks and Recreation Director Leyman)
d) Planning Commission Meeting Minutes of May 11, 2022 (Community Development Director Tai)
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
Q. CLOSED SESSION
None.