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, April 18, 2023
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
April 18, 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 Montgomery called the meeting to order.
B. PLEDGE TO THE FLAG
Tessa Smith of Pennekamp Elementary School led the Pledge of Allegiance.
C. ROLL CALL
Roll call led by City Clerk Liza Tamura.
Present: 5 -
Mayor Montgomery, Mayor Pro Tem Franklin, Councilmember Howorth, Councilmember Lesser and Councilmember Napolitano
April 18, 2023City Council Regular Meeting Meeting Minutes - Final
1. 23-0174Presentation of Certificates of Recognition to Local AYSO Teams for Winning the Western States Championship.
PRESENT
Regional Commissioner of AYSO Region 18 Krista Skinner introduced the program.
Mayor Montgomery, with the aid of his fellow Councilmembers, presented Certificates of Recognition to the following AYSO Western State Championship Teams.
AYSO 10UB All Stars Western States Champions
Black Mambas FC
Kai Billett
Andrew Fach
Kai Garcia
Sam Kelly
Wynn Levy
Cruz Ludwig
Rafael Marchesan
Jack Mosier
Austin Tevenan
Coaches
Head Coach James Mosier
Assistant Coach Geoffrey Ludwig
AYSO 10UG All Stars Western States Champions
Storm
Victoria Buxton
Madison Kratz
Skylar Loder
Elise Myers
Dylan Purdy
Sofia Spinelli
Berkeley Staab
Marlo Talbott
Alexandra Torres
Coaches
Head Coach Christopher Talbott
Assistant Coach Nicole Killman
AYSO 12UB All Stars Western States Champions
Braden Balik
Jackson Billett
Tyler Buxton
Gage Harris
Liam LeGrande
Kenan Muwakki
Nathaniel Neubauer
Marco Olson
Casey Ryan
Kieran Wachtfogel
Owen Werhane
Noah Wright
D. CEREMONIAL CALENDAR
April 18, 2023City Council Regular Meeting Meeting Minutes - Final Coaches
Head Coach Timothy Harris
Assistant Coach Andrew Werhane
AYSO 10UG All Stars Western States Champions
Jaguars
Olivia Baker
Riley Barker
Jane Berting
Alexis Chae
Maya Karim
Olivia Moore
Elise Myers
Kennedy O’Brien
Savannah Wang
Coaches
Head Coach Luke Myers
Assistant Coach Anthony Wang
AYSO 14UG All Stars Western States Champions
Sharks
Isabella Amy
Tristan Del Riego
Talia Faynsod
Kylie Jaboury
Katie Maloney
Desiray Ortiz
Olivia Reeds
Gianna Sannella
Tara Shivpuri
Vivian Steuber
Giada Talbott
Cadence Tseng
Juliette Wetzel
Charlotte Wright
Coaches
Head Coach Christopher Talbott
Assistant Coach Scott Steuber
E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, to approve the agenda as amended, to pull Agenda Item Nos. 7 and 8 from the Consent Calendar for individual consideration, and waive full reading of ordinances. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano
April 18, 2023City Council Regular Meeting Meeting Minutes - Final F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS UPCOMING EVENTS (1 MINUTE PER PERSON)
Lee Phillips, member of the Leadership Manhattan Beach Class of 2023, 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; and the ribbon cutting that would take place at 10:00 AM on May 20, 2023.
Julie Justus-McGinity announced the Scout House Rebuild Project Community Meeting on May 1, 2023, at 5:00 PM at the Ocean Banquet Room in the Joslyn Community Center.
Library Manager Josh Murray announced the National Poetry Month celebration for teens on April 19, 2023, from 4:00 PM - 5:00 PM. Advanced registration is encouraged through lacountylibrary.org.
Cultural Arts Manager Eilen Stewart announced the opening of the "Swell" exhibition at the Manhattan Beach Art Center on April 21, 2023, from 5:00 PM-7:00 PM; the opening of the "Hot Batch" exhibition at Gallery 208 on April 21, 2023, from 7:00 PM to 10:00 PM; and the Sand Dune Park Community Meeting on April 30, 2023, at 3:00 PM at Sand Dune Park. If attendees are unable to join the meeting they can scan the QR code on the postcard mailer and fill out a brief survey.
Library Commissioner Janet Jones announced "A Tribute to the 80's by Identity Theft the Band" on April 29, 2023, from 3:00 PM - 4:30 PM behind the Manhattan Beach Library.
Councilmember Amy Howorth announced "A Community Conversation with Frank Meeink" on April 20, 2023, from 6:30 PM - 7:30 PM at American Martyrs O'Donnell Hall.
Councilmember Lesser announced that the Manhattan Beach Police Department would be holding an Older Adult Police Academy for four Thursdays beginning September 7, 2023, from 1:00 PM - 4:00 PM.
Mayor Pro Tem Franklin announced the fifth E-Bike Safety session on April 19, 2023, at Grand View Elementary School and that another session would take place at American Martyrs in early May.
Mayor Montgomery announced that it was Yom Hashoah (Holocaust Remembrance Day) and that his next Coffee with the Mayor would take place on April 25, 2023, from 2:30 PM - 3:30 PM at the Coffee Bean and Tea Leaf in the Manhattan Village.
OF
April 18, 2023City Council Regular Meeting Meeting Minutes - Final G. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Allen Kirschenbaum
Rita Crabtree-Kampe
Mary Drummer
Mike Michalski
Adam Goldston
Amalia Cimmarusti
Steve Kahn
John Friedman
Ray Joseph
Steve Packwood
Krista Skinner
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
H. CONSENT CALENDAR (APPROVE)
A motion was made by Councilmember Lesser, seconded by Councilmember Howorth, to approve the Consent Calendar with Agenda Item Nos. 7 and 8 being removed to be heard under Section I - Items Removed From the Consent Calendar. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano
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
The recommendation for this item was approved on the Consent Calendar.
3. 23-0095
Financial 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
The recommendation for this item was approved on the Consent Calendar.
April 18, 2023City Council Regular Meeting Meeting Minutes - Final
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
The recommendation for this item was approved on the Consent Calendar.
5. 23-0107
Consideration 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
The recommendation for this item was approved on the Consent Calendar.
6. 23-0166
Consideration 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
The recommendation for this item was approved on the Consent Calendar.
7. 23-0163
Consideration of Authorization to Solicit Bids for Replacement Turf for the Marine Avenue Athletic Field (Parks and Recreation Director Leyman).
APPROVE
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.
8. 23-0102
Consideration 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
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.
April 18, 2023City Council Regular Meeting Meeting Minutes - Final
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
The recommendation for this item was approved on the Consent Calendar.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR
7. 23-0163
Consideration of Authorization to Solicit Bids for Replacement Turf for the Marine Avenue Athletic Field (Parks and Recreation Director Leyman).
APPROVE
Councilmember Napolitano provided that he pulled the item to ensure that the City begins negotiations regarding who would be paying for the turf replacement as the City goes out to BID for the project.
Parks and Recreation Director Mark Leyman provided information regarding the item.
Parks and Recreation Director Leyman and Sports Supervisor Archie Sherman responded to City Council questions.
Mayor Montgomery opened the floor to public comments.
Seeing no requests to speak, Mayor Montgomery closed the floor to public comments.
The City Council directed staff to look into funding models and to begin negotiations regarding funding for the turf replacement.
A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, to authorize staff to solicit BIDs for the replacement turf for the Marine Avenue Athletic Field. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano
April 18, 2023City Council Regular Meeting Meeting Minutes - Final
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
Public Works Director Erick Lee introduced Principal Civil Engineer Gil Gamboa who provided the Staff presentation.
Principal Civil Engineer Gamboa and City Traffic Engineer Erik Zandvliet responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Harriet Chase
Richard Chase
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
City Traffic Engineer Zandvliet and Public Works Director Lee responded to City Council questions.
Public Works Director Lee provided clarification regarding modifications that could be made and responded to City Council questions.
A motion was made by Councilmember Howorth, seconded by Councilmember Napolitano, to:
Adopt Resolution No. 23-0040: A resolution of the Manhattan Beach City Council awarding a construction contract to Hardy and Harper, Inc. for the Cycle 2 Street Resurfacing Project encompassing Agnes Road, Flournoy Road, and 27th and 29th Streets; and authorizing the City Manager to approve additional work, if necessary;
Adopt Resolution No. 23-0041: A resolution of the Manhattan Beach City Council approving an inspection services agreement between the City of Manhattan Beach and Z&K Consultants, Inc. for the Cycle 2 Street Resurfacing Project encompassing Agnes Road, Flournoy Road, 27th and 29th Streets; Determine that pursuant to CEQA, the activity is categorically exempt pursuant to State CEQA Guidelines; and direct staff to construct the sidewalk on Flournoy Road within the existing paved area. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano
April 18, 2023City Council Regular Meeting Meeting Minutes - Final At 7:56 PM, the City Council recessed and reconvened at 8:06 PM with all City Councilmembers present.
J. PUBLIC HEARINGS
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
Senior Civil Engineer Helen Shi provided the Staff presentation and responded to City Council questions.
Mayor Montgomery opened the public hearing.
Seeing no requests to speak, Mayor Montgomery closed the public hearing.
A motion was made by Councilmember Napolitano, seconded by Mayor Pro Tem Franklin, to adopt Resolution No. 23-0043 a resolution of the Manhattan Beach City Council adopting a list of street repair projects for Fiscal Year 2023-2024 funded by Senate Bill 1: the Road Repair and Accountability Act of 2017; and authorizing the Public Works Director to submit the necessary project information to the California Transportation Commission. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano
April 18, 2023City Council Regular Meeting Meeting Minutes - Final K. GENERAL BUSINESS
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
Assistant to the City Manager George Gabriel provided the Staff presentation and responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Ray Joseph
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
A motion was made by Councilmember Napolitano, seconded by Mayor Pro Tem Franklin, to authorize staff to express the following positions on the legislation listed below:
SB 43 (Eggman) Behavioral Health - SUPPORT;
SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database - SUPPORT;
AB 67 (Muratsuchi) Homeless Courts Pilot Program - SUPPORT; AB 1708 (Muratsuchi) Theft - SUPPORT;
AB 23 (Muratsuchi) Theft: Shoplifting: Amount - SUPPORT; AB 1532 (Haney) Office Conversion Projects - OPPOSE;
SB 423 (Wiener) Land use: Streamlined Housing Approvals: Multifamily Housing Developments - OPPOSE;
SB 4 (Wiener) Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions - OPPOSE;
AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse - OPPOSE; and
ACA 10 (Haney) Fundamental Human Right to Housing - OPPOSE.
The motion carried by to the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano
April 18, 2023City Council Regular Meeting Meeting Minutes - Final
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
Mayor Montgomery provided background regarding the item.
City Manager Bruce Moe introduced Acting Communications and Civic Engagement Manager Alexandria Latragna who provided the Staff presentation.
Acting Communications and Civic Engagement Manager Latragna and City Manager Moe responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Mike Jenkins
Christi Hogin
Lucia La Rosa Ames
Heather Kim
Tim Jones
Stan Johnson
Lee Phillips
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, to direct staff and the Parks and Recreation Commission to return to City Council with a robust plan to hold a Citywide acknowledgment or celebration of Juneteenth in 2024 and to consider several possible locations for the event. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano L. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS Mayor Montgomery thanked Mayor Pro Tem Franklin for visiting the Chase home in regard to Agenda Item No. 8 while he was out of town.
M. FUTURE AGENDA ITEMS
None.
April 18, 2023City Council Regular Meeting Meeting Minutes - Final N. CITY MANAGER REPORT
City Manager Bruce Moe reported that the City received reports of 256 pot holes since November 2022 and that 100% of them were all repaired within 2 business days.
O. CITY ATTORNEY REPORT
None.
P. INFORMATIONAL ITEMS
13. 23-0175Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
Mayor Montgomery apologized for not announcing earlier that he is on the League of Cities Board and that Assemblymember Muratsuchi's bill formerly know as AB23 is now called AB1709.
Q.
CLOSED SESSION
At 9:30 PM, Mayor Montgomery announced that the City Council would be going into Closed Session.
Assistant City Attorney Brendan Kearns announced the following Closed Session:
I. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
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
CLOSED SESSION