City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
ELECTED OFFICIALS
Mayor Richard Montgomery
Mayor Pro Tem Joe Franklin
Councilmember Amy Howorth
Councilmember David Lesser
Councilmember Steve Napolitano
Meeting Minutes - Final
Tuesday, March 21, 2023
6:00 PM
Reorganization
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
March 21, 2023City 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 Treasurer Tim Lilligren led the Pledge of Allegiance.
C. ROLL CALL
Roll Call by City Clerk Liza Tamura.
Present: 5 - Mayor Napolitano, Mayor Pro Tem Montgomery, Councilmember Franklin, Councilmember Howorth and Councilmember Lesser Mayor Napolitano acknowledged former Manhattan Beach Mayors in attendance:
Hildy Stern
Russ Lesser
Tim Lilligren
Bob Holmes
Wayne Powell
Mitch Ward
Linda Wilson
D. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Councilmember Lesser, seconded by Councilmember Howorth, to approve the agenda and waive full reading of ordinances. The motion carried by the following vote:
Aye: 5 - Napolitano, Montgomery, Franklin, Howorth and Lesser
March 21, 2023City Council Regular Meeting Meeting Minutes - Final E. REORGANIZATION
1. 23-0123City Council Reorganization:
a)
Recognition of Outgoing Mayor Napolitano
b) Selection of Mayor
c) Selection of Mayor Pro Tem
(City Clerk Tamura).
APPROVE
Mayor Pro Tem Montgomery, Councilmember Franklin, Councilmember Howorth, and Councilmember Lesser recognized outgoing Mayor Napolitano for his service during his tenure as the Mayor of Manhattan Beach.
The following agencies presented certificates:
Jessalyn Waldron on behalf of Supervisor Holly Mitchell’s Office Vanessa Poster, President of the Board of the Beach Cities Health District Hermosa Beach Councilmember’s Dean Francois and Rob Saemann Nicole Jones on behalf of State Controller Malia Cohen’s Office Mayor Napolitano announced that the following agencies sent in certificates:
City of Rancho Palos Verdes
City of Rolling Hills
District Attorney George Gascon’s Office
The US Senate
Congressman Ted Lieu’s Office
Outgoing Mayor Napolitano provided comments regarding his term as Mayor and thanked his family, colleagues, and staff.
A motion was made by Mayor Napolitano, seconded by Councilmember Lesser, to nominate Mayor Pro Tem Montgomery as Mayor. The motion carried by the following vote:
Aye: 5 - Napolitano, Montgomery, Franklin, Howorth and Lesser Mayor Montgomery provided comments regarding his upcoming term as Mayor.
A motion was made by Councilmember Napolitano, seconded by Councilmember Lesser, to nominate Councilmember Franklin as Mayor Pro Tem. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth , Lesser and Napolitano Mayor Pro Tem Franklin provided comments regarding his upcoming term as Mayor Pro Tem.
March 21, 2023City Council Regular Meeting Meeting Minutes - Final F. RECESS AND RECONVENE
At 6:43 PM, the City Council recessed and reconvened at 7:01 PM with all City Councilmembers present.
G. RECESS CITY COUNCIL MEETING TO A MEETING OF THE MANHATTAN
BEACH CAPITAL IMPROVEMENTS CORPORATION
At 7:01 PM, the City Council recessed to the Capital Improvements Corporation Board Meeting.
I. CALL MEETING TO ORDER
At 7:01 PM, the Capital Improvements Board Meeting was called to order.
II. ROLL CALL
Roll call led by Secretary Liza Tamura.
III. PUBLIC COMMENT ON CAPITAL IMPROVEMENT CORPORATION
Vice President Montgomery opened the floor to public comments.
Seeing no requests to speak, Vice President Montgomery closed the floor to public comments.
IV. GENERAL BUSINESS
2. CIC-13
Reorganization of the Manhattan Beach Capital Improvements Corporation (CFO Charelian).
ELECT A NEW PRESIDENT AND VICE PRESIDENT
A motion was made by Boardmember Lesser, seconded by Boardmember Franklin, to appoint Vice President Montgomery as the new President. The motion carried by the following vote:
Aye: 5 - Napolitano,Montgomery, Franklin, Howorth and Lesser A motion was made by Boardmember Howorth, seconded by President Montgomery, to appoint Boardmember Franklin as the new Vice President.
The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth , Lesser and Napolitano
Present: 5 - President Napolitano, Vice President Montgomery, Boardmember Franklin, Boardmember Howorth and Boardmember Lesser
March 21, 2023City Council Regular Meeting Meeting Minutes - Final H. ADJOURN THE MANHATTAN BEACH CAPITAL IMPROVEMENTS
CORPORATIONS AND RECONVENE CITY COUNCIL MEETING
At 7:03 PM, President Montgomery adjourned the Capital Improvements Corporation Meeting and reconvened the Regular City Council Meeting, with all City Councilmembers present.
I. CEREMONIAL CALENDAR
None.
J. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
Taylor Ryan, member of the Leadership Manhattan Beach Class of 2023, along with her fellow classmates Tiffany Barbara and Carol Patterson, announced the class project that would assist in building a pantry at the Richstone Family Center as part of the Single Mom’s Nutrition Pantry Project.
Library Manager Josh Murray announced an event for Teens Create Month on March 22, 2023, from 4:00 PM - 5:00 PM, and a Book Club event on April 3, 2023, from 6:30 PM - 7:30 PM.
President and CEO of the Chamber of Commerce David Archer thanked all of those involved with assisting with the State of the City event that occurred last week.
Mayor Pro Tem Franklin announced that he was the holder of a Mayor for the Day certificate that he won from a silent auction.
K. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Tiffany Barbara
Jim Burton
Madeline Kaplan
Wayne Powell
Heather Kim
James Franklin
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
March 21, 2023City Council Regular Meeting Meeting Minutes - Final L. CONSENT CALENDAR (APPROVE)
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to approve the Consent Calendar.
City Attorney Quinn Barrow read the title of Ordinance No. 23-0007 into the record:
AN ORDINANCE OF THE CITY OF MANHATTAN BEACH AMENDING SECTION
8.20.020 OF THE MANHATTAN BEACH MUNICIPAL CODE TO INCREASE THE RATE OF THE CITY’S TRANSIENT OCCUPANCY TAX TO 14% IN ACCORDANCE
WITH MEASURE A, ADOPTED BY THE MANHATTAN BEACH ELECTORATE IN 2019
The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth , Lesser and Napolitano
3. 23-0125City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of March 6, 2023 b) City Council Regular Meeting Minutes of March 7, 2023 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
4. 23-0083
Financial Reports:
a) Schedule of Demands February 17, 2023, and February 24, 2023 b) Investment Portfolio for the Month Ending January 31, 2023 c) Month End Report for January 31, 2023
(Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
5. 23-0145
Consideration of a Resignation from Los Angeles County West Vector Control Board Trustee Dupree; Declare Vacant Los Angeles County West Vector Control Board Trustee Member-At-Large Seat (Dupree); 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.
March 21, 2023City Council Regular Meeting Meeting Minutes - Final
6. 23-0137Consideration of Introducing an Ordinance Amending Section 8.20.020 of the Manhattan Beach Municipal Code to Increase the Rate of the City’s Transient Occupancy Tax to 14% in Accordance with Measure A (Finance Director Charelian).
INTRODUCE ORDINANCE NO. 23-0007
The recommendation for this item was approved on the Consent Calendar.
7. 23-0133
Second Reading and Adoption of Ordinance No. 23-0006 Amending:
a) the Zoning Text in Title 10, Part III of the Manhattan Beach Municipal Code and
b) the Zoning Map, to Create a Residential Overlay Zoning District for Certain Commercial Properties (Acting Community Development Director Mirzakhanian).
ADOPT ORDINANCE NO. 23-0006
The recommendation for this item was approved on the Consent Calendar.
8. 23-0011
Consideration of Accepting as Complete Work Performed by Bon Air Incorporated Regarding the City Hall HVAC Improvements Project (Public Works Director Lee).
ACCEPT AND AUTHORIZE
The recommendation for this item was approved on the Consent Calendar.
M. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
N. PUBLIC HEARINGS
None.
March 21, 2023City Council Regular Meeting Meeting Minutes - Final O. GENERAL BUSINESS
9. 23-0035Consideration of Resolutions to Initiate the Proposition 218 Process to Consider Increasing Wastewater Rate Fees and Adopt Procedures in Connection with Proposed Wastewater Fee Increases (Public Works Director Lee).
ADOPT RESOLUTION NOS. 23-0029 AND 23-0030
Public Works Director Erick Lee introduced Senior Management Analyst Nicky Petroff who provided the PowerPoint presentation and responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Jim Burton
Heather Kim
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
Public Works Director Erick Lee responded to City Council questions.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to adopt the following:
Resolution No. 23-0029, a resolution of the Manhattan Beach City Council adopting procedures in connection with proposed wastewater rate fee increases.
Resolution No. 23-0030, a resolution of the Manhattan Beach City Council initiating proceedings to consider proposed wastewater rate increases and setting a date and time for a Public Hearing to consider protests thereto.
The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth , Lesser and Napolitano
March 21, 2023City Council Regular Meeting Meeting Minutes - Final
10. 23-0130Consideration of a Resolution Amending the City Manager’s Employment Agreement to Extend the Term to February 5, 2027, and Increase Yearly Base Salary to $308,165.04 (City Attorney Barrow).
ADOPT RESOLUTION NO. 23-0031, APPROVING AMENDMENT
NO. 3 TO CITY MANAGER EMPLOYMENT AGREEMENT
City Attorney Quinn Barrow provided a brief presentation regarding the item.
Mayor Montgomery provided the term of the agreement as well as the compensation.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Heather Kim
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
A motion was made by Councilmember Napolitano, seconded by Councilmember Howorth, to adopt Resolution No. 23-0031, a resolution of the Manhattan Beach City Council approving Amendment No. 3 to the City Manager’s Employment Agreement to extend the term for an additional three years and increase his monthly salary to $25,680.42. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano City Manager Moe thanked the City Council for their comments.
P. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS None.
Q. FUTURE AGENDA ITEMS
Councilmember Lesser requested to agendize a discussion regarding an apology related to Bruce's Beach including the previously submitted resolution of apology by Councilmember Napolitano. Councilmember Howorth seconded the request.
City Attorney Quinn Barrow responded to City Council questions and provided that the previously submitted resolution could be placed on the next agenda.
R. CITY MANAGER REPORT
City Manager Moe thanked Councilmember Napolitano for his term as Mayor and congratulated Mayor Montgomery and Mayor Pro Tem Franklin.