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, May 16, 2023
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
May 16, 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
Library Manager Josh Murray led the Pledge of Allegiance.
C. ROLL CALL
Roll Call by City Clerk Liza Tamura.
Mayor Montgomery, Mayor Pro Tem Franklin, Councilmember Howorth, Councilmember Lesser and Councilmember Napolitano
Present: 5 -
May 16, 2023City Council Regular Meeting Meeting Minutes - Final D. CEREMONIAL CALENDAR
1. 23-0222Presentation of Certificates of Recognition to Monica Chun, Lisa Newman, Alex Chun, Justin Newman, Kai O’Neil, Lara Meyer, Luca O’Neil, and Manhattan Beach Police School Resource Officers Donovan Torres and Michael Hamilton, for Their Commitment and Dedication to Promoting Ebike Safety.
PRESENT
On behalf of the City Council, Mayor Montgomery and Mayor Pro Tem Franklin presented Certificates of Recognition to the following Ebike Safety Program members as well as a Proclamation declaring the month of May as National Bicycle Safety Month :
Alex Chun
Justin Newman
Gita O’Neil
Kai O’Neil
Lara Meyer
Luca O’Neil
Manhattan Beach Police School Resource Officer Donovan Torres Manhattan Beach Police School Resource Officer Michael Hamilton E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES A motion was made by Councilmember Lesser, seconded by Mayor Pro Tem Franklin, to approve the agenda and waive full reading of ordinances. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 -
May 16, 2023City Council Regular Meeting Meeting Minutes - Final F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF
2. 23-0209Update on Beach Cities Health District (BCHD) Campus Project (City Manager Moe).
(Estimated Time: 10 Mins.)
ACCEPT PRESENTATION
City Manager Bruce Moe introduced CEO of Beach Cities Health District Tom Bakaly who provided the PowerPoint presentation and responded to City Council questions.
Community Announcements
John Breitman, member of the Leadership Manhattan Beach Class of 2023, announced the ribbon cutting for their Single Mom Nutrition Pantry class project on May 20, 2023, at 10:00 AM at the Richstone Family Center.
Library Manager Josh Murray announced an event called "How to Write and Publish a Book" on May 23, 2023, from 6:00 PM - 7:15 PM.
Recreation Manager Jan Buike announced the Older Adult Health Fair at the Joslyn Community Center on May 19, 2023, from 8:30 AM to 12:00 PM and responded to City Council questions.
Maddox announced the documentary screening of Grandpa Cherry Blossom at the Hermosa Beach Museum on May 18, 2023, at 6:00 PM.
Acting Communications and Civic Engagement Manager Alexandria Latragna announced the Website User Experience Survey that is currently available on the City’s website until May 25, 2023.
Mayor Montgomery announced that his next Coffee with the Mayor would take place on May 23, 2023, at the Coffee Bean and Tea Leaf at the Manhattan Village Mall and June 6, 2023, at Peet's Coffee in the Downtown Area. He also encouraged any interested residents to sign-up to receive a ceremonial Baby Passport at an upcoming City Council meeting.
G. PUBLIC COMMENTS (3 MINUTES PER PERSON)
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.
Councilmember Howorth provided remarks regarding the public comment that was provided.
UPCOMING EVENTS (1 MINUTE PER PERSON)
May 16, 2023City Council Regular Meeting Meeting Minutes - Final H. CONSENT CALENDAR (APPROVE)
A motion was made by Councilmember Napolitano, seconded by Mayor Pro Tem Joe Franklin, to approve the Consent Calendar. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 -
3. 23-0043
City Council Minutes:
This Item Contains the City Council Regular Meeting Minutes of May 2, 2023 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
4. 23-0184
Financial Reports:
a) Schedule of Demands April 14, 2023, and April 21, 2023 b) Investment Portfolio for the Month Ending March 31, 2023 c) Month End Report for March 31, 2023
(Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
5. 23-0148
Consideration of Approval of the Fiscal Year 2023-2024 City Council Work Plan (City Manager Moe).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
6. 23-0085
Consideration of a Resolution Approving the Assessment Engineer’s Report for Annual Levy of Street Lighting Assessments for Fiscal Year 2023-2024 (Finance Director Charelian).
ADOPT RESOLUTION NO. 23-0046
The recommendation for this item was approved on the Consent Calendar.
7. 23-0086
Consideration of a Resolution Regarding the Declaration of Intention to Provide for Annual Levy and Collection of Assessments for Street Lighting Maintenance and Setting of Public Hearing for June 20, 2023 (Finance Director Charelian).
A) ADOPT RESOLUTION NO. 23-0047
B) SETTING PUBLIC HEARING DATE TO CONSIDER
ASSESSMENTS FOR JUNE 20, 2023
The recommendation for this item was approved on the Consent Calendar.
May 16, 2023City Council Regular Meeting Meeting Minutes - Final
8. 23-0198Consideration of a Resolution for the Donation (Sale) of up to Five Surplus Police Vehicles to the Town of Pickens, Mississippi (Finance Director Charelian).
A) APPROVE SALE OF SURPLUS VEHICLES
B) ADOPT RESOLUTION NO. 23-0054, AUTHORIZE CITY
MANAGER TO EXECUTE AN AGREEMENT
The recommendation for this item was approved on the Consent Calendar.
9. 23-0164
Consideration of a Resolution Amending an Agreement with Regents of the University of California for Emergency Medical Technician Continuing Education and Quality Improvement Services (Nurse Educator) for Three Years with Two Automatic Additional One-Year Extensions for $35,302.64 Per Year (Fire Chief Lang).
ADOPT RESOLUTION NO. 23-0048
The recommendation for this item was approved on the Consent Calendar.
10. 23-0191
Consideration of a Resolution Approving an Agreement with Morningstar Productions LLC for a Three-Year Contract for Concerts in the Park Sound and Stage Rental Services with an Estimated Cost Not-to-Exceed $325,850.90 for Five Years (Parks and Recreation Director Leyman).
ADOPT RESOLUTION NO. 23-0053
The recommendation for this item was approved on the Consent Calendar.
11. 23-0162
Consideration of Resolutions Approving Amendment No. 1 to the Professional Services Agreement with Geosyntec Consultants, Inc. and Amendment No. 1 to the Professional Services Agreement with McGowan Consulting, Inc. for Administration of the Coordinated Integrated Monitoring Plan on Behalf of the Beach Cities Watershed Management Group, Extending These Professional Services for One Year (Public Works Director Lee).
ADOPT RESOLUTION NOS. 23-0049 AND 23-0050
The recommendation for this item was approved on the Consent Calendar.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
May 16, 2023City Council Regular Meeting Meeting Minutes - Final J. PUBLIC HEARINGS
12. 23-0117Conduct Public Hearing and Consideration of a Resolution Adopting New Wastewater Rates and Charges Effective November 1, 2023, Through November 1, 2027, and All Protests to the Proposed Wastewater Rates (Public Works Director Lee).
(Estimated Time: 15 Mins.)
A) CONDUCT PUBLIC HEARING
B) ADOPT RESOLUTION NO. 23-0051
Public Works Director Erick Lee introduced Senior Management Analyst Nicky Petroff who provided the PowerPoint presentation.
Mayor Montgomery opened the public hearing.
Seeing no requests to speak, Mayor Montgomery closed the public hearing.
City Attorney Quinn Barrow provided direction to the City Council regarding the proceedings.
City Clerk Liza Tamura announced that the City received 47 protests.
A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, to adopt Resolution No. 23-0051, a resolution of the Manhattan Beach City Council Adopting Wastewater Rates and Charges. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 -
May 16, 2023City Council Regular Meeting Meeting Minutes - Final K. GENERAL BUSINESS
13. 23-0197Consideration of an Increase to Stormwater Assessments (Finance Director Charelian).
(Estimated Time: 30 Mins.)
APPROVE
Finance Director Steve Charelian introduced Financial Controller Julie Bondarchuk who provided the PowerPoint presentation.
Financial Controller Bondarchuk, Public Works Director Erick Lee, Finance Director Charelian, and Community Development Director Talyn Mirzakhanian 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.
A motion was made by Mayor Montgomery, seconded by Councilmember Howorth, to authorize staff to proceed with obtaining an updated Engineer's Report and conducting a survey related to a potential increase in Stormwater assessments. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 -
14. 23-0220
Consideration of a Resolution Appointing Patrick Griffin as Interim Information Technology Director and Approval of an Employment Agreement with Patrick Griffin (Acting Human Resources Director Swofford).
ADOPT RESOLUTION NO. 23-0052
Acting Human Resources Director Stephanie Swofford provided background regarding the item.
Mayor Montgomery opened the floor to public comments.
Seeing no requests to speak, Mayor Montgomery closed the floor to public comments.
Acting Human Resources Director Swofford and City Manager Bruce Moe provided further information and responded to City Council questions.
A motion was made by Councilmember Napolitano, seconded by Councilmember Howorth, to adopt Resolution No. 23-0052, a resolution of the Manhattan Beach City Council approving an employment agreement with Patrick Griffin to serve as Interim Information Technology Director. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 -
May 16, 2023City Council Regular Meeting Meeting Minutes - Final At 7:20 PM, the City Council recessed and reconvened at 7:31 PM with all City Councilmembers present.
15. 23-0210Presentation of the Proposed 5-Year Capital Improvement Program (Fiscal Years 2023-2024 Through 2027-2028) and Fiscal Year 2023-2024 Proposed Operating Budget (Public Works Director Lee and Finance Director Charelian).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Public Works Director Erick Lee introduced City Engineer Katie Doherty.
City Manager Bruce Moe provided the direction that staff was seeking from the City Council regarding the item.
City Engineer Doherty 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.
City Manager Moe and City Attorney Quinn Barrow responded to City Council questions.
Finance Director Steve Charelian provided information regarding the proposed increase to the parking citation fee.
Mayor Montgomery re-opened the floor to public comments.
Seeing no requests to speak, Mayor Montgomery closed the floor to public comments.
A motion was made by Councilmember Lesser, seconded by Councilmember Napolitano, to receive the report, cancel the Budget Study Session on May 23, 2023, and to deny the raise in parking citation fees. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 -
May 16, 2023City Council Regular Meeting Meeting Minutes - Final L. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS
16. 23-0219City Council AB 1234 Reports.
RECEIVE AND FILE
Councilmember Lesser reported that he attended the 2023 Water Issues Forum in El Segundo with the main takeaway being that water supply efficiency needs to be a way of life in California.
Mayor Pro Tem Franklin and Mayor Montgomery reported that they attended the Southern California Association of Governments (SCAG) conference in Palm Desert and presented an oral report regarding the conference.
17. 23-0216
Consider Request by Councilmember Howorth and Councilmember Lesser to Discuss Electric Bike (E-Bike) Safety (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Councilmember Napolitano provided that he would be the third vote in order to have the item placed on a future agenda.
City Attorney Quinn Barrow responded to City Council questions.
Councilmember Howorth provided that she would like more information regarding the programs that other cities have and if there is anything else the City could be doing.
Councilmember Franklin provided that he would like to see an examination of increased enforcement.
Councilmember Lesser provided that he would like to know what the regulatory environment is in California as it relates to Ebikes, the ability for cities to require registration, and what is within the City’s discretion.
18. 23-0217
Consider Request by Councilmember Lesser and Councilmember Napolitano to Discuss the Board of Building Appeals (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Councilmember Lesser provided that he requested to agendize the item as he would like the City Council to provide the Board of Building Appeals with more substantive tasks.
Councilmember Napolitano concurred with Councillmember Lesser and requested that staff return with ideas to utilize the expertise of the Board of Building Appeals.
Mayor Montgomery provided that he would be the third vote in order to have the item placed on a future agenda.
May 16, 2023City Council Regular Meeting Meeting Minutes - Final M. FUTURE AGENDA ITEMS
Mayor Montgomery provided that he would like to agendize a discussion regarding the outstanding loan with the Oceanographic Teaching Station Roundhouse Aquarium.
Mayor Pro Tem Franklin concurred.
City Attorney Quinn Barrow responded to City Council questions.
N. CITY MANAGER REPORT
City Manager Bruce Moe proposed cancelling the August 15, 2023 Regular City Council Meeting and responded to City Council questions.
The City Council approved the cancellation of the August 15, 2023 Regular City Council Meeting.
City Manager Moe announced that Information Technology Director Terry Hackelman would be leaving the City at the end of the month and provided a few comments regarding his career with the City.
O. CITY ATTORNEY REPORT
None.
P. INFORMATIONAL ITEMS
19. 23-0110
Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
20. 23-0018Commission Minutes:
This Item Contains Minutes of the following City Commissions and Subcommittee Meetings:
a) Library Commission Meeting Minutes of February 13, 2023 (Parks and Recreation Director Leyman)
b) Library Commission Meeting Minutes of March 13, 2023 (Parks and Recreation Director Leyman)
b) Finance Subcommittee Action Meeting Minutes of April 20, 2023 (Finance Director Charelian).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
May 16, 2023City Council Regular Meeting Meeting Minutes - Final Q. CLOSED SESSION
At 8:01 PM, Mayor Montgomery announced that the City Council would be conducting a Closed Session.
City Attorney Quinn Barrow 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
II. RECESS INTO CLOSED SESSION
At 8:01 PM, the City Council recessed into Closed Session.
III. RECONVENE INTO OPEN SESSION
At 8:25 PM, the City Council reconvened into Open Session with all City Councilmembers present.
IV. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION
City Attorney Barrow announced that the City Council went into Closed Session to discuss the labor negotiations with the Firefighters Association and that the City Council gave direction to its negotiators.
CLOSED SESSION