Tuesday, December 20, 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
December 20, 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, December 20, 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, December 14, 2022, on the City's Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights.
December 20, 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
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.
December 20, 2022FinalCity Council Regular Meeting Agenda G. 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, December 20, 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.
December 20, 2022FinalCity Council Regular Meeting Agenda H. 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.
1. 22-0285City Council Minutes:
This Item Contains the City Council Adjourned Regular Meeting Minutes of December 13, 2022 (City Clerk Tamura).
APPROVE
2. 22-0484Financial Reports:
a) Schedule of Demands November 17, 2022, November 23, 2022, and December 1, 2022
b) Investment Portfolio for the Month Ending October 31, 2022 c) Month End Report for October 31, 2022
(Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
Schedule of Demands November 17, 2022, November 23, 2022 and December 1, 2022
Schedule of Demands November 17, 2022, November 23, 2022 and December 1, 2022
Investment Portfolio October 31 2022Investment Portfolio October 31 2022 Month End Report October 31, 2022Month End Report October 31, 2022 Attachments:
3. 22-0457Consideration of a Resolution Approving a Five-Year Agreement with Vital Medical Services for On-Call Non-Emergency Medical Services for In-Custody Arrestees in an Amount Not-to-Exceed $500,000 (Police Chief Johnson).
ADOPT RESOLUTION NO. 22-0167
Resolution No. 22-0167Resolution No. 22-0167
Agreement - Vital Medical ServicesAgreement - Vital Medical Services Attachments:
4. 22-0510Consideration of a Resolution Approving a Comprehensive Citywide Salary Schedule for all City Positions and Adjustments to Salary Ranges (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 22-0168
Resolution No. 22-0168Resolution No. 22-0168
City of Manhattan Beach - Salary ScheduleCity of Manhattan Beach - Salary Schedule Attachments:
December 20, 2022FinalCity Council Regular Meeting Agenda
5. 22-0482Consideration of a Resolution Approving Amendment No. 1 to the Professional Services Agreement with Civic Solutions, Inc. for Professional Planning Services for the Community Development Department at a Cost Not-to-Exceed $148,950 (Community Development Director Tai).
ADOPT RESOLUTION NO. 22-0169
Resolution No. 22-0169Resolution No. 22-0169
Amendment No. 1 - Civic Solutions, Inc.Amendment No. 1 - Civic Solutions, Inc.
Agreement - Civic Solutions, Inc. (2022)Agreement - Civic Solutions, Inc. (2022) Attachments:
6. 22-0509Alleviation Report for Second Extension of Interim Zoning Ordinance to Clarify Provisions for the Preservation of Historic Resources (Community Development Director Tai).
ISSUE ALLEVIATION MEASURES REPORT
Government Code Section 65858Government Code Section 65858Attachments:
7. 22-0481Consideration of Resolutions Approving Engineering Design Professional Services Agreement with SWA Group for the Polliwog Park Lower Playground Replacement Project for $59,129; Approving Amendment No. 1 to the Construction Management and Inspection Professional Services Agreement with Ardurra Group for $152,598; and Approving an Additional Appropriation of $350,000 from the Capital Improvements Program (CIP) Fund for the Project (Public Works Director Lee).
A) ADOPT RESOLUTION NOS. 22-0170 AND 22-0171
B) APPROPRIATE FUNDS
Resolution No. 22-0170Resolution No. 22-0170
Agreement – SWA Group, Inc.Agreement – SWA Group, Inc.
Resolution No. 22-0171Resolution No. 22-0171
Amendment No. 1 - Ardurra Group, Inc.Amendment No. 1 - Ardurra Group, Inc.
Agreement – Ardurra Group, Inc. (2021)Agreement – Ardurra Group, Inc. (2021) Budget and Expenditure SummaryBudget and Expenditure Summary Location MapLocation Map
Revised Playground Layout RenderingsRevised Playground Layout Renderings Attachments:
8. 22-0512Consideration of a Resolution Authorizing a New Memorandum of Understanding Between the City of Manhattan Beach and West Basin Municipal Water District for Department of Water Resources Proposition 1 Round 2 Integrated Regional Water Management Grant Program Application Preparation Fees (Public Works Director Lee).
ADOPT RESOLUTION NO. 22-0172
Resolution No. 22-0172Resolution No. 22-0172
Draft Memorandum of UnderstandingDraft Memorandum of Understanding Attachments:
December 20, 2022FinalCity Council Regular Meeting Agenda I. ITEMS REMOVED FROM THE CONSENT CALENDAR
Each speaker may speak for up to 2 minutes on each item pulled from the agenda.
J. PUBLIC HEARINGS
At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item.
K. GENERAL BUSINESS
Each speaker may speak for up to 2 minutes on each general business item.
9. 22-0522Consideration of Design for Bruce’s Beach Plaque Monument Landscaping (City Manager Moe).
(Estimated Time: 30 Min.)
DISCUSS AND PROVIDE DIRECTION
Hardscape and Planting Plans for Option 1Hardscape and Planting Plans for Option 1 Rough Estimates for Option 1Rough Estimates for Option 1 PowerPoint Presentation (Enviroscape LA)PowerPoint Presentation (Enviroscape LA) Attachments:
10. 22-0469Discussion Regarding Hiring Outside Law Enforcement Agency for Downtown (Police Chief Johnson).
(Estimated Time: 20 Mins.)
DISCUSS AND PROVIDE DIRECTION
11. 22-0455California’s COVID-19 State of Emergency Ending and Impacts on the City’s Related Emergency Orders (City Manager Moe).
(Estimated Time: 40 Mins.)
DISCUSS AND PROVIDE DIRECTION
California’s SMARTER Plan Progress UpdateCalifornia’s SMARTER Plan Progress Update Urgency Ordinance No 20-0012-UUrgency Ordinance No 20-0012-U Urgency Ordinance No. 20-0016-UUrgency Ordinance No. 20-0016-U Urgency Ordinance No. 20-0018-UUrgency Ordinance No. 20-0018-U Ordinance No. 22-0001Ordinance No. 22-0001
Emergency Orders and Urgency Ordinances During COVID-19Emergency Orders and Urgency Ordinances During COVID-19 Attachments:
12. 22-0519Review of Pending Agenda Items for City Council Consideration (City Manager Moe).
(Estimated Time: 20 Min.)
DISCUSS AND PROVIDE DIRECTION
L. 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.
December 20, 2022FinalCity Council Regular Meeting Agenda M. FUTURE AGENDA ITEMS
Councilmembers may request that items be placed on a future agenda with the concurrence of one other Councilmember.
N. CITY MANAGER REPORT
O. CITY ATTORNEY REPORT
P. INFORMATIONAL ITEMS
This section is for items that do not require City Council action.
13. 22-0344Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
14. 22-0521Commission Minutes:
This Item Contains Minutes of the following City Commission Meetings:
a) Library Commission Special Meeting Minutes of May 31, 2022 (Parks and Recreation Director Leyman)
b) Parks and Recreation Commission Meeting Minutes of September 26, 2022 (Rescheduled) (Parks and Recreation Director Leyman) c) Parks and Recreation Commission Meeting Minutes of October 13, 2022 (Parks and Recreation Director Leyman)
d) Cultural Arts Commission Meeting Minutes of October 17, 2022 (Parks and Recreation Director Leyman)
e) Parks and Recreation Commission Meeting Minutes of October 24, 2022 (Parks and Recreation Director Leyman)
f) Library Commission Meeting Minutes of November 14, 2022 (Parks and Recreation Director Leyman).
INFORMATION ITEM ONLY
Library Commission Special Meeting Minutes of May 31, 2022Library Commission Special Meeting Minutes of May 31, 2022 Parks and Recreation Commission Meeting Minutes of September 26 2022 (Rescheduled)
Parks and Recreation Commission Meeting Minutes of September 26 2022 (Rescheduled)
Parks and Recreation Commission Meeting Minutes of October 13, 2022Parks and Recreation Commission Meeting Minutes of October 13, 2022 Cultural Arts Commission Meeting Minutes of October 17, 2022Cultural Arts Commission Meeting Minutes of October 17, 2022 Parks and Recreation Commission Meeting Minutes of October 24, 2022Parks and Recreation Commission Meeting Minutes of October 24, 2022 Library Commission Meeting Minutes of November 14, 2022Library Commission Meeting Minutes of November 14, 2022 Attachments:
December 20, 2022FinalCity Council Regular Meeting Agenda Q. CLOSED SESSION
I. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED
SESSION
a) CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION)
(Government Code Section 54956.9(d)(1))
Name of Case: Highrose El Porto, LLC. v City of Manhattan Beach Los Angeles County Superior Court
Case No: 22STCP03962
This lawsuit challenges the City Council’s decision regarding the Highrose El Porto project.
b) CONFERENCE WITH LEGAL COUNSEL (ANTICIPATED LITIGATION) (Government Code Section 54956.9(d)(2)(e)(5))
A point has been reached where, in the opinion of the City Council on the advice of its City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Californians for Homeownership, YIMBY Law, and California Renters Legal Advocacy and Education Fund (CaRLA) have submitted two letters indicating that they intend to file litigation against the City if the City Council does not “rehear” the Highrose El Porto project, which is the topic of the litigation identified in Section a) above. In addition, the state Department of Housing and Community Development served the City with a “Notice of Violation” regarding the City Council’s decision. The referenced correspondence is included in this agenda packet, and copies are available upon request at the City Clerk's Office at City Hall, 1400 Highland Avenue, Manhattan Beach, CA 90266.
Number of Cases: 2
Attachments: Letter - November 22, 2022
Letter - November 23, 2022
Letter - November 28, 2022
Correspondence - December 9, 2022
II. RECESS INTO CLOSED SESSION
III. RECONVENE INTO OPEN SESSION
December 20, 2022FinalCity Council Regular Meeting Agenda IV. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION
R. ADJOURNMENT
S. FUTURE MEETINGS
CITY COUNCIL MEETINGS
January 3, 2023 - Tuesday -- 6:00 PM - City Council Meeting (Cancelled) January 9, 2023 - Monday -- 6:00 PM - City Council and Parks and Recreation Commission, Cultural Arts Commission, and Library Commission Work Plan Meeting
January 17, 2023 - Tuesday -- 6:00 PM - City Council Meeting January 18, 2023 - Wednesday -- 6:00 PM - City Council and Planning Commission and Parking and Public Improvements Commission Work Plan Meeting
February 7, 2023 - Tuesday -- 6:00 PM - City Council Meeting February 21, 2023 - Tuesday -- 6:00 PM - City Council Meeting March 7, 2023 - Tuesday -- 6:00 PM - City Council Meeting March 21, 2023 - Tuesday -- 6:00 PM - City Council Meeting (Reorganization) April 4, 2023 - Tuesday -- 6:00 PM - City Council Meeting April 18, 2023 - Tuesday -- 6:00 PM - City Council Meeting April 25, 2023 - Tuesday -- TBD - Boards and Commissions Interviews May 2, 2023 - Tuesday -- 6:00 PM - City Council Meeting May 16, 2023 - Tuesday -- 6:00 PM - City Council Meeting June 6, 2023 - Tuesday -- 6:00 PM - City Council Meeting June 20, 2023 - Tuesday -- 6:00 PM - City Council Meeting July 4, 2023 - Tuesday -- 6:00 PM - City Council Meeting (Holiday) July 18, 2023 - Tuesday -- 6:00 PM - City Council Meeting August 1, 2023 - Tuesday -- 6:00 PM - City Council Meeting August 15, 2023 - Tuesday -- 6:00 PM - City Council Meeting September 5, 2023 - Tuesday -- 6:00 PM - City Council Meeting September 19, 2023 - Tuesday -- 6:00 PM - City Council Meeting October 3, 2023 - Tuesday -- 6:00 PM - City Council Meeting October 17, 2023 - Tuesday -- 6:00 PM - City Council Meeting November 7, 2023 - Tuesday -- 6:00 PM - City Council Meeting November 21, 2023 - Tuesday -- 6:00 PM - City Council Meeting December 5, 2023 - Tuesday -- 6:00 PM - City Council Meeting December 19, 2023 - Tuesday -- 6:00 PM - City Council Meeting
BOARDS, COMMISSIONS AND COMMITTEE MEETINGS
December 22, 2021 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting December 26, 2022 - Monday - 4:00 PM - Parks and Recreation Commission Meeting December 28, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting
December 20, 2022FinalCity Council Regular Meeting Agenda T. CITY OFFICES CLOSED
CITY HOLIDAYS:
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 9, 2023 – Monday – Columbus Day
November 10, 2023 – Friday – Veterans Day (Observance of November 11, 2023) November 23-24, 2023 - Thursday & Friday - Thanksgiving Holiday