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, December 6, 2022
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
December 6, 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
Leo Rogin of Robinson Elementary School 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. 22-0438Presentation of Certificates of Recognition to the 2022 Fire Department Annual, “Home Escape Plan” Contest Winners.
PRESENT
On behalf of the City Council, Mayor Napolitano, Fire Chief Michael Lang, Firefighter/Paramedic Patrick Jacobson, and Fire Inspector Suzy Contreras, presented Certificates of Recognition to the following winners of the Fire Department’s 2022 Home Escape Plan Contest:
Nicole Schueller, American Martyrs Catholic School
Taylor Winkle, Grand View Elementary School
Annabelle Coffman, Meadows Elementary School
Kathleen Van Mierlo, Pacific Elementary School
Brady Carlson, Pennekamp Elementary School
Phoenix Viharo, Robinson Elementary School
December 6, 2022City Council Regular Meeting Meeting Minutes - Final E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Mayor Pro Tem Montgomery, seconded by Councilmember Hadley, to approve the agenda as amended, to pull Agenda Item No. 11 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)
Recreation Manager Jan Buike announced the Older Adult Holiday Luncheon at Joslyn Community Center on December 14, 2022 from 11:00 AM to 2:30 PM; and the Manhattan Beach Holiday Fireworks at the Pier beginning at 3:00 PM on December 11, 2022.
Leadership Manhattan Beach representative Carol Patterson announced “It’s a Wonderful Life: In-Person Radio Play” at Trinity Lutheran Church from December 9-11, 2022 (Friday-Saturday at 7:00 PM and Sunday at 12:00 PM). Tickets can be purchased at trinitymb.org.
President and CEO of the Chamber of Commerce David Archer announced the Holiday Mixer Extravaganza at Manhattan Village beginning at 5:30 PM on December 7, 2022.
Mayor Pro Tem Montgomery announced that the Skechers Snow Park has been moved to Live Oak Park and that the parking lot across from Shellback Tavern will be open for seating during the holiday fireworks; and the 30th Annual Beach Cities Toy Drive wrapping party at the Hermosa Beach Community Center on December 17, 2022 beginning at 11:00 AM. Donations are currently being accepted at select locations in Hermosa Beach and Manhattan Beach.
Councilmember Franklin provided an update regarding the E-Bike Safety Program.
December 6, 2022City Council Regular Meeting Meeting Minutes - Final G. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Mayor Napolitano opened the floor to public comments. The following individual(s) spoke:
Lee Phillips
Adam Goldston
Julie Justus McGinity
Char Harding
Tiffany Barbara
Fred Taylor
Bob Sievers
Lucia La Rosa Ames
Heather Kim
Ray Joseph
Heidi Rayden Tobias
Seeing no further requests to speak, Mayor Napolitano closed the floor to public comments.
H. CONSENT CALENDAR (APPROVE)
A motion was made by Councilmember Franklin, seconded by Mayor Pro Tem Montgomery, to approve the Consent Calendar with Agenda Item No. 11 being removed to be heard under Section I - Items Removed From the Consent Calendar. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
2. 22-0487
City Council Minutes:
This Item Contains the City Council Regular Meeting Minutes of November 15, 2022 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
3. 22-0483
Financial Reports:
Schedule of Demands November 3, 2022, and November 10, 2022 (Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
4. 22-0488
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.
December 6, 2022City Council Regular Meeting Meeting Minutes - Final
5. 22-0505Consideration of a Resolution Confirming Emergency Order Nos. 28 and 29 Issued by the Director of Emergency Services During the Local Emergency Proclaimed to Address COVID-19 (City Attorney Barrow).
ADOPT RESOLUTION NO. 22-0165
The recommendation for this item was approved on the Consent Calendar.
6. 22-0428Consideration to Approve a Purchase Order in the Amount of $169,538.85 with South Coast Lighting & Design, Inc. for the Polliwog Park Lighted Pathway Project (Public Works Director Lee).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
7. 22-0436
Consideration of a Resolution to Accept a Public Street, Utility, Sidewalk, and Driveway Easement from Manhattan Beach Unified School District at 110 S. Rowell Avenue at the Frontage of Pennekamp Elementary School (Public Works Director Lee).
A) ACCEPT
B) AUTHORIZE
C) ADOPT RESOLUTION NO. 22-0159
The recommendation for this item was approved on the Consent Calendar.
8. 22-0451
Consideration of the Use of Budgeted CIP Funds in the Amount of $250,000 for the Manhattan Beach Unified School District’s Security Camera Project (Public Works Director Lee).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
9. 22-0453
Consideration of a Resolution Approving the Highland Avenue Corridor Improvement Project and Authorizing the Public Works Director to Submit an Application to the Los Angeles County Metropolitan Transportation Authority for Measure M Grant Funding (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0161
The recommendation for this item was approved on the Consent Calendar.
10. 22-0454
Consideration of Resolutions Awarding a Construction Agreement to Crosstown Electrical & Data, Inc. for the Marine Avenue at Cedar Avenue Traffic Signal and Intersection Improvements Project for $389,953; Approving an Inspection Services Agreement with Quantum Quality Consulting, Inc. in the Amount of $120,250 (Public Works Director Lee).
ADOPT RESOLUTION NOS. 22-0162 AND 22-0163
The recommendation for this item was approved on the Consent Calendar.
December 6, 2022City Council Regular Meeting Meeting Minutes - Final
11. 22-0420Consideration of a Resolution Approving Amendment No. 4 Extending by One-Year the Professional Services Agreement with Granicus for Civic Engagement Services for $171,660 (Information Technology Director Hackelman and City Clerk Tamura).
ADOPT RESOLUTION NO. 22-0164
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR
11. 22-0420
Consideration of a Resolution Approving Amendment No. 4 Extending by One-Year the Professional Services Agreement with Granicus for Civic Engagement Services for $171,660 (Information Technology Director Hackelman and City Clerk Tamura).
ADOPT RESOLUTION NO. 22-0164
Councilmember Franklin provided that he pulled the item in order to discuss the solutions in place to resolve recent issues the City has been experiencing with the Granicus software.
City Manager Bruce Moe introduced Information Technology Director Terry Hackelman and City Clerk Liza Tamura.
Information Technology Director Hackelman and City Clerk Tamura provided a brief background regarding the item.
Mayor Napolitano opened the floor to public comment.
Seeing no requests to speak, Mayor Napolitano closed the floor to public comment.
A motion was made by Councilmember Franklin, seconded by Councilmember Hadley, to adopt Resolution No. 22-0164, a resolution of the Manhattan Beach City Council approving an agreement between the City of Manhattan Beach and Granicus, LLC for civic engagement services; and thereby extending the agreement by one year. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
December 6, 2022City Council Regular Meeting Meeting Minutes - Final J. PUBLIC HEARINGS
12. 22-0459Consideration of an Annual Military Equipment Usage Report, Pursuant to Assembly Bill 481 (Police Chief Johnson).
(Estimated Time: 20 Mins.)
APPROVE
Police Chief Rachel Johnson introduced Police Lieutenant Kelly Benjamin who provided the Staff presentation and responded to City Council questions.
Mayor Napolitano opened the public hearing.
Seeing no requests to speak, Mayor Napolitano closed the public hearing.
A motion was made by Mayor Pro Tem Montgomery, seconded by Councilmember Hadley, to accept the Annual Military Equipment Usage Report and approve future purchases of equipment, per Ordinance No. 22-0006, an ordinance of the Manhattan Beach City Council establishing a Military Equipment Policy. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
13. 22-0477
Public Hearing to Consider Extending Interim Ordinance No. 21-0009-U Implementing Objective Development Standards for Senate Bill (SB) 9 Development (Community Development Director Tai).
(Estimated Time: 15 Mins.)
A) CONDUCT PUBLIC HEARING
B) ADOPT URGENCY ORDINANCE NO. 22-0012-U EXTENDING
THE INTERIM ZONING ORDINANCE FOR ONE YEAR
Community Development Director Carrie Tai introduced Planning Manager Talyn Mirzakhanian who provided the PowerPoint presentation.
Mayor Napolitano opened the public hearing. The following individual(s) spoke:
Char Harding
Zac
Seeing no further requests to speak, Mayor Napolitano closed the public hearing.
A motion was made by Mayor Napolitano, seconded by Mayor Pro Tem Montgomery, to adopt Urgency Ordinance No. 22-0012-U, 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.
City Attorney Quinn Barrow read the title of Urgency Ordinance No. 22-0012-U into the record.
The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
December 6, 2022City Council Regular Meeting Meeting Minutes - Final K. GENERAL BUSINESS
14. 22-0346Consideration of a Resolution Awarding a Construction Agreement to Applied Restoration, Inc. for the Pier Railing Replacement Project for $1,962,257 Including Contingency, and Approving an Appropriation in the Amount of $350,000 from the Pier Fund to the Pier Railing Replacement Project (Public Works Director Lee).
(Estimated Time: 15 Mins.)
ADOPT RESOLUTION NO. 22-0158
Public Works Director Erick Lee introduced Principal Civil Engineer Gilbert Gamboa who 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.
A motion was made by Mayor Napolitano, seconded by Mayor Pro Tem Montgomery, to 1) adopt Resolution No. 22-0158: a) awarding construction agreement to Applied Restoration, Inc. for the Pier Railing Replacement Project for $1,783,870; b) authorizing the City Manager to execute the agreement and authorizing the City Manager and/or his or her designee to approve an extra work contingency up to $178,387; c) approving the Plans and Specifications for the Project; d) approving an additional appropriation in the amount of $350,000 form the Pier Fund to the Pier Railing Replacement Project; e) approve an additional temporary loan of $200,000 from the Parking Fund; and 2) waive any irregularity in the Applied Restoration, Inc. bid. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 -
15. 22-0399
Review of the City’s Procedures Related to Modification of Street Configurations (Community Development Director Tai).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Community Development Director Carrie Tai introduced City Traffic Engineer Erik Zandvliet who provided the PowerPoint presentation and responded to City Council questions.
Direction was provided to staff that the City Council should be notified of any future modifications to street configurations prior to any action being taken.
Mayor Napolitano opened the floor to public comments.
Seeing no requests to speak, Mayor Napolitano closed the floor to public comments.
The City Council received and filed the report.
December 6, 2022City Council Regular Meeting Meeting Minutes - Final
16. 22-0478Consideration of Reimbursement for City Fees Paid for American Martyrs Mustang Main Event (Community Development Director Tai). (Estimated Time: 10 Mins.)
DISCUSS AND PROVIDE DIRECTION
Community Development Director Carrie Tai provided the Staff presentation and responded to City Council questions.
President of the American Martyrs Parents Association Mike Kersey and American Martyrs Business Manager Bob Hodges responded to City Council questions.
Mayor Napolitano opened the floor to public comments. The following individual(s) spoke:
Stefan Kampe
Seeing no further requests to speak, Mayor Napolitano closed the floor to public comments.
Community Development Director Tai and City Manager Bruce Moe responded to City Council questions.
A motion was made by Mayor Pro Tem Montgomery, seconded by Mayor Napolitano, to provide a 75% fee waiver for the American Martyrs Mustang Main Event and to reevaluate once the event reaches "legacy" status. The motion carried by the following vote:
Aye: Napolitano, Montgomery, Franklin, Hadley and Stern5 - L. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS Mayor Pro Tem Montgomery stated that he attended the Cal Cities Board Meeting and provided the four priorities that were voted on by the board: protect and expand investments to prevent and reduce homelessness; increase supply and affordability of housing while maintaining local control and local decision making; improve public safety in California communities; and safeguard essential local revenues to support fiscal sustainability.
M. FUTURE AGENDA ITEMS
Councilmember Franklin requested to agendize a discussion to clarify the City Council's direction from February 2022 to provide a refund of fees to four restaurants for public right-of-way fees for outdoor dining.
City Manager Bruce Moe responded to City Council questions.
No councilmember concurred to bring the discussion back on a future agenda.
December 6, 2022City Council Regular Meeting Meeting Minutes - Final N. CITY MANAGER REPORT
None.
O. CITY ATTORNEY REPORT
None.
P. INFORMATIONAL ITEMS
17. 22-0489Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
18. 22-0486Commission Minutes:
This Item Contains Minutes of the following City Commission Meetings:
a) Parks and Recreation Commission Minutes of August 22, 2022 (Parks and Recreation Director Leyman)
b) Library Commission Meeting Minutes of September 12, 2022 (Parks and Recreation Director Leyman)
c) Cultural Arts Commission Meeting Minutes of September 19, 2022 (Parks and Recreation Director)
d) Library Commission Meeting Minutes of October 11, 2022 (Parks and Recreation Director Leyman).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
Q. CLOSED SESSION
None.