Tuesday, October 18, 2022
6:00 PM
City Council Chambers and Zoom
City Council Regular Meeting
Regular Meeting
EXECUTIVE TEAM
City Manager Bruce Moe
City Attorney Quinn Barrow
MISSION STATEMENT:
Our mission is to provide excellent municipal services, preserve our small beach town character, and enhance the quality of life for our residents, businesses and visitors.
City Clerk Liza Tamura
Community Development Director Carrie Tai
Finance Director Steve Charelian
Fire Chief Michael Lang
Human Resources Director Lisa Jenkins
Information Technology Director Terry Hackelman
Parks and Recreation Director Mark Leyman
Police Chief Rachel Johnson
Public Works Director Erick Lee
ELECTED OFFICIALS
Mayor Steve Napolitano
Mayor Pro Tem Richard Montgomery
Councilmember Joe Franklin
Councilmember Suzanne Hadley
Councilmember Hildy Stern
City Treasurer Tim Lilligren
October 18, 2022FinalCity Council Regular Meeting Agenda MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU!
By participating in City Council meetings, you are participating in the process of representative government. To encourage that participation, the City Council provides an early opportunity for public comments under “Public Comments,” at which time speakers may comment on any matter within the subject matter jurisdiction of the City Council, including items on the agenda.
The City continues to offer an opportunity to participate in Council meetings via Zoom. The City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 5:30 PM, October 18, 2022 (the day of the meeting), via:
1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to [email protected] or
3) Telephone Message Recorded at (310) 802-5030
All of your comments provided by the deadlines above will be available to the City Council and the public prior to the meeting.
In addition, you may participate by joining Zoom during the meeting. Instructions are provided on item G (Public Comments).
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 City's website at www.manhattanbeach.gov, the Police Department located at 420 15th Street, 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 at (310) 802-5056.
Meetings are broadcast live through Manhattan Beach Local Community Cable, Channel 8 (Spectrum), Channel 35 (Frontier), and live streaming via the City's website.
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. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impaired.
CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Liza Tamura, City Clerk of the City of Manhattan Beach, California, state under penalty of perjury that this notice/agenda was posted on Wednesday, October 12, 2022, on the City's Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights.
October 18, 2022FinalCity Council Regular Meeting Agenda BELOW ARE THE AGENDA ITEMS TO BE CONSIDERED. THE RECOMMENDED
COUNCIL ACTION IS LISTED IMMEDIATELY AFTER THE TITLE OF EACH ITEM IN BOLD CAPITAL LETTERS.
PLEASE NOTE THAT THE CITY COUNCIL MAY ACT ON ANY ITEM LISTED ON THE AGENDA.
A. CALL MEETING TO ORDER
B. PLEDGE TO THE FLAG
C. ROLL CALL
D. CEREMONIAL CALENDAR
1. 22-0375Presentation of Commendations to Manhattan Beach Historical Society Outgoing President Gary McAulay and Manhattan Beach Historical Society Pioneer Founder James Gill for Their Years of Dedicated Service to the City of Manhattan Beach and the Manhattan Beach Historical Society.
PRESENT
Commendations - Gary McAulay and James GillCommendations - Gary McAulay and James GillAttachments:
E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to:
(a) notify the public of any changes to the agenda;
(b) remove items from the consent calendar for individual consideration; or (c) rearrange the order of the agenda.
MOTION TO APPROVE AGENDA AND WAIVE FULL READING
F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
City Councilmembers and community organization representatives may inform the public about upcoming events.
October 18, 2022FinalCity Council Regular Meeting Agenda G. GENERAL BUSINESS (CONTINUED)
Each speaker may speak for up to 2 minutes on this continued general business item.
2. 22-0432Consideration of Five Appeals of the Planning Commission’s Decision to Affirm the Community Development Director’s Approval of a Precise Development Plan, Coastal Development Permit, and Tentative Parcel Map for the Development of a 96,217 Square-Foot Multi-Family Residential Building Ranging 37 to 50 Feet in Height and Including 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 (Continued from the August 16, 2022, City Council Meeting) (Community Development Director Tai).
(Estimated Time: 2 Hrs.)
A) RESUME DELIBERATIONS
B) AFFIRM AND UPHOLD THE DECISION OF THE PLANNING
COMMISSION
Draft Resolution No. 22-0124Draft Resolution No. 22-0124 Staff Report with Attachments (August 16, 2022) (Web-Link Provided)Staff Report with Attachments (August 16, 2022) (Web-Link Provided) Press Release (Dated September 1, 2022)Press Release (Dated September 1, 2022) Public Comments (August 16, 2022, September 6, 2022, and After September 6, 2022) (Web-Link Provided)
Public Comments (August 16, 2022, September 6, 2022, and After September 6, 2022) (Web-Link Provided)
PowerPoint PresentationPowerPoint Presentation
Attachments:
October 18, 2022FinalCity Council Regular Meeting Agenda H. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Speakers may provide public comments on any matter that is within the subject matter jurisdiction of the City Council, including items on the agenda. The Mayor may determine whether an item is within the subject matter jurisdiction of the City Council. While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda.
The City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 5:30 PM, October 18, 2022 (the day of the meeting), via:
1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to [email protected] or
3) Telephone Message Recorded at (310) 802-5030
All of your comments provided by the deadlines above will be available to the City Council and the public prior to the meeting.
IN PERSON PUBLIC PARTICIPATION
Please complete the "Request to Address the City Council" card by filling out your name, city of residence, the item(s) you would like to offer public comment, and returning it to the City Clerk.
ZOOM PUBLIC PARTICIPATION
If you wish to speak on any item on the agenda, please register in advance by clicking the following link:
https://citymb.seamlessdocs.com/f/publiccomment, even when submitting this request you will need to use the “raise hand” feature via Zoom during the presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wish to provide comments.
1) Join Zoom Meeting via the internet:
Direct URL: https://citymb-info.zoom.us/j/93376200363, Meeting ID: 933 7620 0363 During the meeting you will need to use the “raise hand” button through Zoom at the time the Agenda Item is being presented for City Council consideration.
2) Join Zoom Meeting via Phone Conference (Voice Only):
Phone Number: (669) 900-6833, Meeting ID: 933 7620 0363 During the meeting you will need to enter *9 on the phone’s dial pad at to activate the "raise hand" button at the time the Agenda Item is being presented for City Council consideration.
Please note, the City is not responsible for the public’s use of Zoom as it relates to the software, configuration, and setting on a personal device. The public is encouraged to visit the Zoom website for information on use of this software. The City’s use of Zoom is consistent with the platform features and functions as described on the Zoom website.
October 18, 2022FinalCity Council Regular Meeting Agenda UPDATES AND PRESENTATIONS:
3. 22-0434Update on Resolution No. 22-0135 in Support of Measure V on the November 8, 2022, Election Ballot Readopting the City’s Commercial Cannabis Prohibition, and Against Cannabis Industry Measure MB on the November 8, 2022, Election Ballot (City Manager Moe).
(Estimated Time: 10 Min.)
RECEIVE REPORT
Resolution No. 22-0135Resolution No. 22-0135
Staff Report - October 6, 2022Staff Report - October 6, 2022 Attachments:
I. CONSENT CALENDAR (APPROVE)
Items on the Consent Calendar are routine and customary items and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
4. 22-0280City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Regular Meeting Minutes of October 4, 2022 b) City Council Adjourned Regular Meeting Minutes of October 10, 2022 (City Clerk Tamura).
APPROVE
City Council Regular Meeting Minutes of October 4, 2022City Council Regular Meeting Minutes of October 4, 2022 City Council Adjourned Regular Meeting Minutes of October 10, 2022City Council Adjourned Regular Meeting Minutes of October 10, 2022 Attachments:
5. 22-0416Financial Reports:
a) Schedule of Demands September 22, 2022 and September 29, 2022 b) Investment Portfolio for the Month Ending August 31, 2022 c) Month End Report for August 31, 2022
(Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
Schedule of Demands for September 22, 2022 and September 29, 2022Schedule of Demands for September 22, 2022 and September 29, 2022 Investment Portfolio for the Month Ending August 31, 2022Investment Portfolio for the Month Ending August 31, 2022 Month End Report for August 31, 2022Month End Report for August 31, 2022 Attachments:
6. 22-0427Declaration of a Proclamation for the Month of November as Family Court Awareness Month
PROCLAIM
October 18, 2022FinalCity Council Regular Meeting Agenda
7. 22-0433Consideration of the Following:
a) Resolution Setting Aside Ordinance Nos. 15-0010 and 19-0007 in Compliance with Peremptory Writ of Mandate, and
b) Ordinance Regulating Short-term Rentals and Other Transient Uses Outside the Coastal Zone (City Attorney Barrow).
A) ADOPT RESOLUTION NO. 22-0150
B) INTRODUCE ORDINANCE NO. 22-0010
Resolution No. 22-0150Resolution No. 22-0150
Ordinance No. 22-0010Ordinance No. 22-0010
Attachments:
8. 22-0093Consideration and Introduction of Two Ordinances to Amend Title 9 and Chapter 3.16 of the Manhattan Beach Municipal Code to Adopt the 2022 California Building Standards Code by Reference (Building Code; Residential Code; Fire Code; Electrical Code; Plumbing Code; Green Building Standards Code; Energy Code; Mechanical Code; Existing Building Code; Historical Building Code; Administrative Code; Referenced Standards Code) and Adopt Associated Local Amendments (Community Development Director Tai and Fire Chief Lang).
(Estimated Time: 15 Mins.)
A) INTRODUCE ORDINANCE NOS. 22-0008 AND 22-0009
B) SET PUBLIC HEARING FOR NOVEMBER 15, 2022
Ordinance No. 22-0008Ordinance No. 22-0008
Ordinance No. 22-0009Ordinance No. 22-0009
Attachments:
9. 22-0359Consideration of a Resolution Approving a Professional Services Agreement with Black & Veatch Management Consulting, LLC in the Budgeted Amount of $68,085 for the 2023 Wastewater Rate Study (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0147
Resolution No. 22-0147Resolution No. 22-0147
Agreement – Black & Veatch Management Consulting, LLCAgreement – Black & Veatch Management Consulting, LLC Attachments:
10. 22-0330Consideration of Accepting as Complete Work Performed by All American Asphalt Regarding the Slurry Seal Project Encompassing the Central Area of the Sand Section (Public Works Director Lee).
ACCEPT AND AUTHORIZE
Location MapLocation MapAttachments:
October 18, 2022FinalCity Council Regular Meeting Agenda
11. 22-0365Consideration of a Resolution Approving Amendment No. 2 With Merrimac Petroleum, Inc. dba Merrimac Energy Group for Bulk Fuel Purchases (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0148
Resolution No. 22-0148Resolution No. 22-0148
Amendment No. 2 - Merrimac Petroleum, Inc. dba Merrimac Energy Group
Amendment No. 2 - Merrimac Petroleum, Inc. dba Merrimac Energy Group
Agreement and Amendment No. 1 - Merrimac Petroleum, Inc. dba Merrimac Energy Group
Agreement and Amendment No. 1 - Merrimac Petroleum, Inc. dba Merrimac Energy Group
Attachments:
12. 22-0398Consideration of a Resolution Approving Amendment No. 2 to the Agreement with Unifirst Corporation for Uniform and Safety Mat Services to Modify the Provisions Governing Unifirst Corporation’s Compensation (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0149
Resolution No. 22-0149Resolution No. 22-0149
Amendment No. 2 - Unifirst CorporationAmendment No. 2 - Unifirst Corporation Agreement and Amendment No. 1 - Unifirst CorporationAgreement and Amendment No. 1 - Unifirst Corporation Attachments:
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
Each speaker may speak for up to 2 minutes on each item pulled from the agenda.
October 18, 2022FinalCity Council Regular Meeting Agenda K. PUBLIC HEARINGS
At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item.
13. 22-0385Public Hearing De Novo to Consider a Proposed Use Permit Amendment to Allow an Expansion of an Existing 4,180 Square-Foot “Eating and Drinking Establishments” Use (Arthur J restaurant) with Full Alcohol Service, Into an Adjacent Vacant 1,141 Square-Foot Tenant Space (Formerly a Dry Cleaner) Within an Existing Commercial Building at 901 and 903 Manhattan Avenue in the Downtown Commercial (CD) Zoning District (Simms Restaurants Group/Arthur J) (Community Development Director Tai).
(Estimated Time: 1 Hr. 30 Mins.)
A) CONDUCT PUBLIC HEARING DE NOVO
B) DIRECT STAFF TO DRAFT A RESOLUTION MAKING AN
ENVIRONMENTAL DETERMINATION OF CATEGORICAL
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND
CONDITIONALLY APPROVING THE USE PERMIT AMENDMENT
FOR CONSIDERATION AT A SUBSEQUENT COUNCIL
MEETING
Vicinity MapVicinity Map
Planning Commission Resolution No. 22-08Planning Commission Resolution No. 22-08 Planning Commission Minutes (August 10, 2022)Planning Commission Minutes (August 10, 2022) Planning Commission Report and Attachments (August 10, 2022) (Web-Link Provided)
Planning Commission Report and Attachments (August 10, 2022) (Web-Link Provided)
Use Permit Application (Plans)Use Permit Application (Plans) Appellant Materials (Don McPherson)Appellant Materials (Don McPherson) Recommended Conditions of ApprovalRecommended Conditions of Approval Notice of Exemption for Coastal Development PermitNotice of Exemption for Coastal Development Permit PowerPoint PresentationPowerPoint Presentation
Attachments:
L. GENERAL BUSINESS
Each speaker may speak for up to 2 minutes on each general business item.
October 18, 2022FinalCity Council Regular Meeting Agenda
14. 22-0431Consideration of Fire Department Staffing Levels and Authorization for Three Additional Full-Time Employees (2 Civilian Fire Prevention and 1 Sworn Employee) and the Over-Hiring of up to Three Additional Firefighter/Paramedics for Anticipated Vacancies (Fire Chief Lang and Human Resources Director Jenkins).
(Estimated Time: 45 Mins.)
DISCUSS AND PROVIDE DIRECTION
Costing Comparison (Backfilling on Overtime vs. Employee to Fill Position)
Costing Comparison (Backfilling on Overtime vs. Employee to Fill Position)
Attachments:
15. 22-0435Consideration of Police Department Staffing Levels and Authorization for the Over-Hiring of Five Additional Police Officers (Police Chief Johnson and Human Resources Director Jenkins).
DISCUSS AND PROVIDE DIRECTION
16. 22-0397Discuss Existing Regulations For Overhead String Lights Placed Above Walk Streets (Community Development Director Tai).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Manhattan Beach Municipal Code - Chapter 7.36Manhattan Beach Municipal Code - Chapter 7.36 PowerPoint PresentationPowerPoint Presentation
Attachments:
M. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS In addition to providing reports of meetings and conferences attended by Councilmembers in connection with their official duties at City expense as required by AB 1234, Councilmembers requested at a previous City Council meeting that the following item(s) be placed on the agenda for discussion.
N. FUTURE AGENDA ITEMS
Councilmembers may request that items be placed on a future agenda with the concurrence of one other Councilmember.
O. CITY MANAGER REPORT
P. CITY ATTORNEY REPORT
Q. INFORMATIONAL ITEMS
This section is for items that do not require City Council action.
17. 22-0377Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
R. CLOSED SESSION
October 18, 2022FinalCity Council Regular Meeting Agenda S. ADJOURNMENT
T. FUTURE MEETINGS
CITY COUNCIL MEETINGS
November 1, 2022 - Tuesday -- 6:00 PM - City Council Meeting November 15, 2022 - Tuesday -- 6:00 PM - City Council Meeting December 6, 2022 - Tuesday -- 6:00 PM - City Council Meeting December 20, 2022 - Tuesday -- 6:00 PM - City Council Meeting
BOARDS, COMMISSIONS AND COMMITTEE MEETINGS
October 24, 2022 - Monday - 4:00 PM - Parks and Recreation Commission Meeting October 26, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting October 27, 2021 - Thursday - 6:00 PM - Parking and Public Improvements Commission Meeting November 9, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting November 14, 2022 - Monday - 4:00 PM - Library Commission Meeting November 21, 2022 - Monday - 4:00 PM - Cultural Arts Commission Meeting November 23, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting November 24, 2021 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting (Rescheduled to December 1, 2022)
November 28, 2022 - Monday - 4:00 PM - Parks and Recreation Commission Meeting December 1, 2022 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting (Rescheduled from the November 24, 2022 and December 22, 2022)
December 12, 2022 - Monday - 4:00 PM - Library Commission Meeting December 14, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting December 19, 2022 - Monday - 4:00 PM - Cultural Arts Commission Meeting December 22, 2021 - Thursday - 6:00 PM - Parking and Public Improvements Commission Meeting (Rescheduled to December 1, 2022)
December 26, 2022 - Monday - 4:00 PM - Parks and Recreation Commission Meeting December 28, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting U. CITY OFFICES CLOSED
CITY HOLIDAYS:
November 11, 2022 – Friday – Veterans Day
November 24-25, 2022 - Thursday & Friday - Thanksgiving Holiday December 26, 2022 - Monday - Christmas Day Observed (Sunday, December 25, 2022) January 2, 2023 – Monday – New Years Day Observed (Sunday, January 1, 2023) January 16, 2023 – Monday – Martin Luther King Day
February 20, 2023 - Monday - Presidents Day
May 29, 2023 – Monday – Memorial Day
July 4, 2023 - Tuesday - Independence Day
September 4, 2023 - Monday - Labor Day
October 10, 2022 – Monday – Columbus Day