Tuesday, April 18, 2023
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
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
Acting Community Development Director Talyn
Mirzakhanian
ELECTED OFFICIALS
Mayor Steve Napolitano
Mayor Pro Tem Richard Montgomery
Councilmember Joe Franklin
Councilmember Amy Howorth
Councilmember David Lesser
City Treasurer Tim Lilligren
April 18, 2023FinalCity Council Regular Meeting Agenda
MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU!
Meetings are broadcast live through Manhattan Beach Local Community Cable, Channel 8 (Spectrum), Channel 35 (Frontier);
Live streaming via the City's website;
and via Zoom - Direct URL: https://citymb-info.zoom.us/j/93376200363, Meeting ID: 933 7620 0363 The City continues to offer an opportunity to participate in City Council meetings via Zoom and in-person. City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 12:00 PM, April 18, 2023 (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.
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.
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, April 12, 2023, on the City's Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights.
April 18, 2023FinalCity 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
Tessa Smith, Pennekamp Elementary School
B. PLEDGE TO THE FLAG
C. ROLL CALL
D. CEREMONIAL CALENDAR
1. 23-0174Presentation of Certificates of Recognition to Local AYSO Teams for Winning the Western States Championship.
PRESENT
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.
April 18, 2023FinalCity 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 12:00 PM, April 18, 2023 (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.
April 18, 2023FinalCity 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.
2. 23-0173City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of April 4, 2023 b) City Council Regular Meeting Minutes of April 4, 2023 (City Clerk Tamura).
APPROVE
City Council Adjourned Regular Meeting Minutes of April 4, 2023City Council Adjourned Regular Meeting Minutes of April 4, 2023 City Council Regular Meeting Minutes of April 4, 2023City Council Regular Meeting Minutes of April 4, 2023 Attachments:
3. 23-0095Financial Reports:
a) Schedule of Demands March 17, 2023, and March 24, 2023 b) Investment Portfolio for the Month Ending February 28, 2023 c) Month End Report for February 28, 2023
(Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
Schedule of Demands March 17, 2023 and March 24, 2023Schedule of Demands March 17, 2023 and March 24, 2023 Investment Portfolio February 2023Investment Portfolio February 2023 Month End Financial Report February 2023Month End Financial Report February 2023 Attachments:
4. 23-0176Consideration of a Resolution Opting In and Authorizing Settlement Agreements with Manufacturers Teva and Allergan and Chain Pharmacies CVS, Walgreens, and Walmart and Authorize City Manager to Participate in Future Opioid Settlement Agreements (City Attorney Barrow).
ADOPT RESOLUTION NO. 23-0039
Resolution No. 23-0039Resolution No. 23-0039
Executive Summary – National Opioids SettlementExecutive Summary – National Opioids Settlement Staff Report - December 7, 2021Staff Report - December 7, 2021 Attachments:
5. 23-0107Consideration to Award Bid No. 1294-23 to Penske Chevrolet for the Purchase of One Budgeted Chevrolet Silverado for the Police Department in the Amount of $57,547.81 (Finance Director Charelian).
APPROVE
Bid No. 1294-23 ComparisonBid No. 1294-23 ComparisonAttachments:
April 18, 2023FinalCity Council Regular Meeting Agenda
6. 23-0166Consideration to Award Bid No. 1300-23 to Bay City Electric Works for the Purchase of One Budgeted 100 kW Portable Generator for the Public Works Department in the Amount of $93,211.88 (Finance Director Charelian).
APPROVE
Bid No. 1300-23 ComparisonBid No. 1300-23 ComparisonAttachments:
7. 23-0163Consideration of Authorization to Solicit Bids for Replacement Turf for the Marine Avenue Athletic Field (Parks and Recreation Director Leyman).
APPROVE
Marine Avenue Park Vicinity MapMarine Avenue Park Vicinity MapAttachments:
8. 23-0102Consideration of Resolutions Awarding a Construction Agreement to Hardy and Harper, Inc. for the Cycle 2 Street Resurfacing Project for $3,732,000; and Approving a Construction Management and Inspection Services Agreement with Z&K Consultants, Inc. for $141,574; and Determination Pursuant to the California Environmental Quality Act (CEQA) that this Activity is Categorically Exempt Pursuant to the State CEQA Guidelines (Public Works Director Lee).
ADOPT RESOLUTION NOS. 23-0040 AND 23-0041
Resolution No. 23-0040Resolution No. 23-0040
Agreement - Hardy & Harper Inc.Agreement - Hardy & Harper Inc.
Bid Proposal - Hardy and Harper Inc.Bid Proposal - Hardy and Harper Inc.
Resolution No. 23-0041Resolution No. 23-0041
Agreement - Z&K Consultants Inc.Agreement - Z&K Consultants Inc.
Plans and Specifications (Web-Link Provided)Plans and Specifications (Web-Link Provided) Budget and Expenditures SummaryBudget and Expenditures Summary Location MapLocation Map
Attachments:
9. 23-0142Consideration of a Resolution Approving Amendment No. 1 to the Agreement with Pegasus for Broadcast Professional Services Increasing the Annual Amount to $90,000 or an Estimated Three-Year Contract Total of up to $240,000 (Information Technology Director Hackelman).
ADOPT RESOLUTION NO. 23-0042
Resolution No. 23-0042Resolution No. 23-0042
Amendment No. 1 - PEGasusAmendment No. 1 - PEGasus
Agreement - PEGasusAgreement - PEGasus
Attachments:
I. ITEMS REMOVED FROM THE CONSENT CALENDAR
Each speaker may speak for up to 2 minutes on each item pulled from the agenda.
April 18, 2023FinalCity Council Regular Meeting Agenda
J. PUBLIC HEARINGS
At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item.
10. 23-0118Consideration of a Resolution Adopting a List of Street Repair Projects for Fiscal Year 2023-2024 Funded by Senate Bill 1: The Road and Accountability Act of 2017; and Authorizing the Public Works Director to Submit the Necessary Project Information to the California Transportation Commission (Public Works Director Lee).
ADOPT RESOLUTION NO. 23-0043
Resolution No. 23-0043Resolution No. 23-0043Attachments:
K. GENERAL BUSINESS
Each speaker may speak for up to 2 minutes on each general business item.
11. 23-0167Consider Taking City Council Positions on a Variety of Pending Legislation in the State Legislature Regarding Homelessness, Public Safety and Housing (City Manager Moe).
(Estimated Time: 20 Min.)
AUTHORIZE
SB 43 (Eggman) Behavioral HealthSB 43 (Eggman) Behavioral Health SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database
SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database
AB 67 (Muratsuchi) Homeless Courts Pilot ProgramAB 67 (Muratsuchi) Homeless Courts Pilot Program AB 1708 (Muratsuchi) TheftAB 1708 (Muratsuchi) Theft
AB 23 (Muratsuchi) Theft: Shoplifting: AmountAB 23 (Muratsuchi) Theft: Shoplifting: Amount AB 1532 (Haney) Office Conversion ProjectsAB 1532 (Haney) Office Conversion Projects SB 423 (Wiener) Land Use: Streamlined Housing Approvals: Multifamily Housing Developments
SB 423 (Wiener) Land Use: Streamlined Housing Approvals: Multifamily Housing Developments
SB 4 (Wiener) Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions
SB 4 (Wiener) Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions
AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse
AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse
ACA 10 (Haney) Fundamental Human Right to HousingACA 10 (Haney) Fundamental Human Right to Housing Attachments:
12. 23-0182Consideration of the City Sponsoring a Juneteenth Celebration Event at Bruce’s Beach Park (City Manager Moe).
(Estimated Time: 30 Mins.)
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.
April 18, 2023FinalCity 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. 23-0175Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
Q. CLOSED SESSION
I. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED
SESSION
CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Negotiators:
Bruce Moe, City Manager
Stephanie Swofford, Acting Human Resources Director
Employee Group(s):
Manhattan Beach Firefighters' Association
II. RECESS INTO CLOSED SESSION
III. RECONVENE INTO OPEN SESSION
IV. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION
R. ADJOURNMENT
S. FUTURE MEETINGS
April 18, 2023FinalCity Council Regular Meeting Agenda
CITY COUNCIL MEETINGS
April 25, 2023 - Tuesday -- TBD - Boards and Commissions Interviews May 2, 2023 - Tuesday -- 6:00 PM - City Council Meeting May 9, 2023 - Tuesday -- 6:00 PM - Budget Study Session May 16, 2023 - Tuesday -- 6:00 PM - City Council Meeting May 23, 2023 - Tuesday -- 6:00 PM - Budget Study Session 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 (Rescheduled to July 5, 2023) July 5, 2023 - Wednesday -- 6:00 PM - City Council Meeting (Rescheduled from July 4, 2023) 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
April 24, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting April 26, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting April 27, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting May 8, 2023 - Monday - 4:00 PM - Library Commission Meeting May 10, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting May 15, 2023 - Monday - 4:00 PM - Cultural Arts Commission Meeting May 22, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting May 23, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting May 25, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting June 12, 2023 - Monday - 4:00 PM - Library Commission Meeting June 14, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting June 19, 2023 - Monday - 4:00 PM - Cultural Arts Commission Meeting June 22, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting June 26, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting June 28, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting
April 18, 2023FinalCity Council Regular Meeting Agenda
T. CITY OFFICES CLOSED
CITY HOLIDAYS:
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 December 25, 2023 - Monday - Christmas Day Observed
January 1, 2024 – Monday – New Years Day Observed
January 15, 2024 – Monday – Martin Luther King Day
February 19, 2024 - Monday - Presidents Day