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, September 19, 2023
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
September 19, 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 CALL MEETING TO ORDERA.
Mayor Montgomery called the meeting to order.
PLEDGE TO THE FLAGB.
Abigail Schoppe led the Pledge of Allegiance. Reese Tran was unable to attend the meeting.
ROLL CALLC.
Roll Call by City Clerk Liza Tamura.
Mayor Montgomery, Mayor Pro Tem Franklin, Councilmember Howorth, Councilmember Lesser and Councilmember Napolitano
Present: 5 -
CEREMONIAL CALENDARD.
None.
APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCESE.
A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, to approve the agenda and waive full reading of ordinances. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
F.
Library Manager Josh Murray announced an origami workshop on October 3, 2023, at 4:00 PM; and an author talk with Henry Winkler, Dan Santat, and Lin Oliver on October 16, 2023, at 6:00 PM.
Co-Founder of STAND 4 PEACE Karen Wooldridge announced UN International Day of Peace with a ceremony taking place on September 21, 2023, at 5:30 PM in the Civic Plaza.
Police Officer David Gibbons announced the Police Department's 5th Annual Downtown Manhattan Beach Car Show on October 1, 2023, at 10:00 AM to benefit the Manhattan Beach Police K-9 Foundation, a non-profit organization.
Parks and Recreation Director Mark Leyman announced the Polliwog Park Playground Ribbon Cutting on September 26, 2023, at 10:00 AM. He thanked the City Council and staff for their support and work on the project.
Councilmember Napolitano announced that it was National Talk Like a Pirate Day and that a fellow constituent would be donating money to charity if pirate phrases were used during the meeting.
Mayor Pro Tem Franklin congratulated the El Segundo Little League Team for winning the Little League World Series.
Mayor Montgomery announced that it was National Suicide Prevention Month and that those seeking help can dial 988 to reach the first nationwide 3-digit mental health crisis hotline or they can text the word "Home" to 741741.
Beach Cities Health District Chief Partnership Development Officer Ali Steward announced that it was Suicide Prevention Month, reported on statistics related to certain mental health conditions, and provided resources for the community.
Mayor Montgomery announced that it was National Voter Registration Day.
Two Mira Costa Students provided an update on their Mira Costa Happenings Report regarding recent and upcoming events at the school.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final PUBLIC COMMENTS (3 MINUTES PER PERSON)G.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Candy Duncan
Randy Duncan
Bob Holmes
Charles Bragg
Kathy Knoll
Dave Titus
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
CONSENT CALENDAR (APPROVE)H.
A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, to approve the Consent Calendar.
City Attorney Quinn Barrow read the title of Ordinance No. 23-0009 into the record:
AN ORDINANCE OF THE CITY OF MANHATTAN BEACH AMENDING MUNICIPAL CODE CHAPTER 2.36 (PURCHASING) OF TITLE 2 TO INCREASE THE INFORMAL AND FORMAL BID LIMITS AND MAKE OTHER MINOR CHANGES.
The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
1. 23-0326
City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of September 5, 2023
b) City Council Regular Meeting Minutes of September 5, 2023 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
2. 23-0320Financial Reports:
Schedule of Demands August 25, 2023, and September 1, 2023 (Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
3. 23-0399
Proclamation Declaring the Month of September 2023 as National Service Dog Month.
PROCLAIM
The recommendation for this item was approved on the Consent Calendar.
4. 23-0412
Consideration of Joining Various Cities or Associations in Filing an Amicus Brief in Support of a Petition for a Writ of Certiorari with the United States Supreme Court Regarding Johnson v. City of Grants Pass (City Manager Moe).
AUTHORIZE
The recommendation for this item was approved on the Consent Calendar.
5. 23-0280
Consideration of a Resolution Approving the Proposed Fiscal Year 2023-2024 Chamber of Commerce Work Plan Agreement in the Amount of $36,585 (City Manager Moe).
ADOPT RESOLUTION NO. 23-0094
The recommendation for this item was approved on the Consent Calendar.
6. 23-0348
Consideration of Introducing an Ordinance Amending Chapters 2.36 (Purchasing) of the Manhattan Beach Municipal Code to Modify the Purchasing Authority Limits (Finance Director Charelian).
INTRODUCE ORDINANCE NO. 23-0009
The recommendation for this item was approved on the Consent Calendar.
7. 23-0366
Consideration of Resolutions:
a) Approving Employee Additional Cost Share for Classic Full-Time Sworn Unrepresented Employees Pursuant to CalPERS Government Code Section 20516; and
b) Authorizing Compensation and Benefits Changes for the Classification of Division Chief in the Full-Time Unrepresented Employees Group
(Human Resources Director Jenkins).
ADOPT RESOLUTION NOS. 23-0114 AND 23-0115
The recommendation for this item was approved on the Consent Calendar.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
8. 23-0398Consideration of a Resolution Accepting the State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant in the Amount of $75,000 (Police Chief Johnson).
A) ADOPT RESOLUTION NO. 23-0122
B) APPROPRIATE FUNDS
The recommendation for this item was approved on the Consent Calendar.
9. 23-0383
Consideration of a Resolution Approving an Agreement with Marc R.
Cohen, MD, Professional Corporation, to Provide Emergency Medical Services (“EMS”) Medical Director Oversight Services with a Maximum Compensation of $54,000 Annually (Fire Chief Lang).
ADOPT RESOLUTION NO. 23-0123
The recommendation for this item was approved on the Consent Calendar.
10. 23-0303Consideration of a Resolution Awarding an Agreement to RLA Conservation, LLC for Comprehensive Public Art Assessment Not-to-Exceed $25,000 (Parks and Recreation Director Leyman).
A) ADOPT RESOLUTION NO. 23-0105
B) ALLOCATE FUNDS
The recommendation for this item was approved on the Consent Calendar.
11. 23-0363
Consideration of a Resolution Accepting the State of California Natural Resources Agency Department of Parks and Recreation Proposition 68 (2018) Parks Bond Act Per Capita Grant Program Funds in the Amount of $199,955 (Parks and Recreation Director Leyman).
A) ADOPT RESOLUTION NO. 23-0112
B) APPROVE REVENUE BUDGET ADJUSTMENT
The recommendation for this item was approved on the Consent Calendar.
12. 23-0318
Consideration of a Resolution Awarding an Agreement to Environmental Science Associates (ESA) for the Completion of a Climate Action and Adaptation Plan (CAAP) for a Not-to-Exceed Amount of $52,112.45 (Community Development Director Mirzakhanian).
ADOPT RESOLUTION NO. 23-0106
The recommendation for this item was approved on the Consent Calendar.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
13. 23-0368Consideration of Resolutions Awarding Professional Services Agreements for On-Call Construction Management and Inspection for Pavement Improvement Projects to Four Consulting Firms for $150,000.00 Per Firm for a Three-Year Term (Public Works Director Lee).
ADOPT RESOLUTION NOS. 23-0124, 23-0125, 23-0126, AND
23-0127
The recommendation for this item was approved on the Consent Calendar.
14. 23-0376
Consideration of a Purchase of One Budgeted NAUTILUS High Dump Rider Scrubber / Sweeper from Total Clean in the Amount of $98,365.55 (Public Works Director Lee).
A) WAIVE FORMAL BIDDING
B) AUTHORIZE PURCHASE
The recommendation for this item was approved on the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDARI.
None.
PUBLIC HEARINGSJ.
None.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final GENERAL BUSINESSK.
15. 23-0400Consideration of a Resolution Awarding a Construction Agreement to BlueViolet Networks for the Citywide Security Cameras Project - Phases 1 and 2 for $523,820.17, Including Contingency and a Maintenance Contract; and Adoption of a Determination of Exemption Pursuant to Sections 15302(b)(3) and 15301 of the State California Environmental Quality Act (CEQA) Guidelines (Continued from the September 5, 2023, City Council Meeting) (Public Works Director Lee).
(Estimated Time: 30 Mins.)
ADOPT RESOLUTION NO. 23-0113
Public Works Director Erick Lee introduced City Engineer Katie Doherty who provided the PowerPoint presentation.
City Engineer Doherty, Public Works Director Lee, City Manager Bruce Moe, and Police Chief Rachel Johnson 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.
Public Works Director Lee responded to City Council questions.
A motion was made by Mayor Montgomery, seconded by Councilmember Howorth, to adopt Resolution No. 23-0113, a resolution of the Manhattan Beach City Council awarding a construction contract to A3 Communications, Inc., DBA BlueViolet Networks for the Citywide Security Camera Project, Phases 1 and 2; authorizing the City Manager to approve additional work, if necessary; and approving the plans and specifications for the Citywide Security Camera Project, Phases 1 and 2; and to adopt a determination of exemption pursuant to CEQA. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
16. 23-0388Consideration of Police Department Incident Notification Protocols to City Council and the Community (Police Chief Johnson).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Police Chief Rachel Johnson provided the staff presentation and responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Rita Crabtree-Kampe
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
A motion was made by Councilmember Lesser, seconded by Councilmember Napolitano, to receive and file the report. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
City Attorney Quinn Barrow clarified that the motion was to receive and file the report.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
17. 23-0379Cultural Arts Commission Recommendations for Sculpture Garden Options (Parks and Recreation Director Leyman).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
Parks and Recreation Director Mark Leyman introduced Cultural Arts Manager Eilen Stewart who provided the PowerPoint presentation and 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.
Cultural Arts Manager Stewart responded to City Council questions.
A motion was made by Councilmember Howorth to approve a sculpture garden concept program by using a combination of Option 2, which would be a permanent piece every 2 years valued up to $75,000, and Option 4 which would be 5 small temporary pieces that could be rotated every 2-3 years with the option to purchase if requested.
Councilmember Napolitano suggested that the item return to the Cultural Arts Commission so they could find 15 art pieces that the City could either rent or purchase and then return to the City Council for final selection.
Councilmember Howorth withdrew her original motion and amended it to accept Councilmember Napolitano's suggested motion.
Parks and Recreation Director Leyman requested clarification regarding whether or not they could source the 15 options from existing artwork or if the City would need to go out to RFP to find new submittals.
The City Council directed the Cultural Arts Commission to determine whether existing art pieces were appropriate to bring back to the City Council or if a new RFP would need to be released.
Cultural Arts Manager Stewart responded to questions.
A motion was made by Councilmember Howorth, seconded by Councilmember Napolitano, to return the item to the Cultural Arts Commission in order to identify 15 art pieces that the City could either rent or purchase for the Sculpture Garden and then return to the City Council for final selection. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
At 7:58 PM, the City Council recessed and reconvened at 8:09 PM with all City Councilmembers present.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
18. 23-0377Consideration of the Cultural Arts Commission Recommendations for Mural Artwork Proposals, Locations, and Cost and Disbursement of up to $253,950.66 from the Public Art Trust Fund (Parks and Recreation Director Leyman).
(Estimated Time: 45 Mins.)
A) APPROVE ARTISTS, LOCATIONS, AND COST
B) DISBURSE FUNDS
Parks and Recreation Director Mark Leyman introduced Cultural Arts Manager Eilen Stewart and thanked her and the Cultural Arts Commission for their work on reviewing all 116 mural submissions.
Cultural Arts Manager Stewart responded to City Council questions and began the PowerPoint presentation.
Location 1 - Heights Complex
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Ann W
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
Cultural Arts Manager Stewart responded to City Council questions.
The City Council selected the submission by Armelle Vervialle Ngo for Location 1 - Heights Complex, and requested that the artist return with a complete rendering for this location.
Location 2 - Manhattan Beach Art Center
Cultural Arts Manager Stewart continued the PowerPoint presentation and 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.
Cultural Arts Manager Stewart responded to City Council questions.
A motion was made by Councilmember Howorth to select the submission from Mikey Meschures. The motion failed for lack of a second.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final The City Council directed staff to reconsider the submissions to find a different mural for Location 2 - Manhattan Beach Art Center.
Location 3 - Rocketship Hall, Marine Avenue Park
Cultural Arts Manager Stewart continued the PowerPoint presentation.
Mayor Montgomery opened the floor to public comments.
Seeing no requests to speak, Mayor Montgomery closed the floor to public comments.
Cultural Arts Manager Stewart responded to City Council questions.
A motion was made by Councilmember Howorth, seconded by Councilmember Napolitano to select the submission from Pamela Wall that was originally suggested for Location 1 and use it for Location 3 - Rocketship Hall, Marine Avenue Park; and to select Joanna Garel's color submission as a back-up. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
Location 4 - Pier Restroom
Cultural Arts Manager Stewart continued the PowerPoint presentation.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Charles Bragg
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
A motion was made by Councilmember Howorth, seconded by Councilmember Napolitano, to select the submission from Charles Bragg for Location 4 - Pier Restroom. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth and Napolitano4 -
Nay: Lesser1 -
September 19, 2023City Council Regular Meeting Meeting Minutes - Final Location 5 - Stairs to Bike Path
Cultural Arts Manager Stewart continued the PowerPoint presentation and responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Ann W
Rita Crabtree-Kampe
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
Cultural Arts Manager Stewart responded to City Council questions.
A motion was made by Councilmember Howorth, seconded by Councilmember Napolitano, to select the Sea Lion submission from Charles Bragg for Location 5 - Stairs to Bike Path. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
Location 6 - PD/Fire Wall
Cultural Arts Manager Stewart continued the PowerPoint presentation.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Alex Weinstein
Ann W
Rita Crabtree-Kampe
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 decline to place a mural at Location 6 - PD/Fire Wall at this time and to direct staff to return with additional options. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
September 19, 2023City Council Regular Meeting Meeting Minutes - Final Location 7 - Parking Lot 2
Cultural Arts Manager Stewart continued the PowerPoint presentation and responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Dave Titus
Ann W
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to select the submission from Dave Titus for Location 7 - Parking Lot
2. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTSL.
19. 23-0360
City Council AB 1234 Reports.
RECEIVE AND FILE
Mayor Montgomery reported that he went to the California Contract Cities Fall Conference in San Diego. He reported that the most attended sessions were:
"Consent Decrees, No Bail, Jail Depopulation, Oh My!" and "Street Vendors in your Community: Let's Taco 'Bout It."
September 19, 2023City Council Regular Meeting Meeting Minutes - Final
20. 23-0359Consider Request by Councilmember Howorth and Councilmember Lesser to Discuss Adding the Camellia as a Second City Flower (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
City Manager Bruce Moe provided that the item would require a third vote to place it on a future agenda.
Councilmember Howorth provided that she did not want to replace the Beach Primrose, but to add the Camellia as a second flower to honor the Uyematsu family.
Mayor Pro Tem Franklin provided that he would be the third vote to have the item placed on a future agenda.
Councilmember Howorth requested to have the item appear on a future agenda for discussion.
Councilmember Lesser requested more history regarding the item when it returns.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final FUTURE AGENDA ITEMSM.
Councilmember Lesser requested to agendize a discussion regarding the replacement of the exercise equipment on Veteran's Parkway.
Councilmember Howorth seconded the request.
City Attorney Quinn Barrow provided that the item would appear on a future agenda for the second step.
Councilmember Howorth requested to agendize a discussion regarding a potential City sponsored event and a proclamation for Stand Up Against Hate Week from November 12-18, 2023. She provided that she would like the City to host an event that was similar to last year.
City Attorney Barrow and City Manager Bruce Moe responded to City Council questions and stated that the item could be discussed at the next meeting.
City Manager Moe provided that due to time constraints, staff could potentially put a plan together after the next meeting for the requested City sponsored event.
Councilmember Lesser seconded the request.
Mayor Pro Tem Franklin requested to agendize a discussion regarding outdoor dining on walk streets.
City Manager Moe and Community Development Director Talyn Mirzakhanian responded to City Council questions.
Mayor Pro Tem Franklin withdrew his request.
Mayor Montgomery requested to agendize a discussion regarding utilizing general funds in lieu of grant funds to resurface the roadway going westbound on Manhattan Beach Boulevard beginning at Sepulveda Boulevard.
City Attorney Barrow responded to City Council questions.
Mayor Pro Tem Franklin seconded the request.
City Attorney Barrow provided that the item would return as part of the three-step process.
September 19, 2023City Council Regular Meeting Meeting Minutes - Final CITY MANAGER REPORTN.
City Manager Bruce Moe provided that the conceptual Polliwog Park Library Project had been withdrawn after discussions with the school district. Staff will return to the City Council in October or November with a report asking for direction on alternate locations to build a library that would hold historical documents as well.
Mayor Montgomery provided that the ad hoc committee meetings with the school district are open to the public.
CITY ATTORNEY REPORTO.
None.
INFORMATIONAL ITEMSP.
21. 23-0327
Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
22. 23-0411Commission Minutes:
This Item Contains Minutes of the following City Commission Meeting:
a) Library Commission Meeting Minutes of June 12, 2023 (Parks and Recreation Director Leyman)
b) Library Commission Meeting Minutes of July 10, 2023 (Parks and Recreation Director Leyman)
c) Cultural Arts Commission Meeting Minutes of July 17, 2023 (Parks and Recreation Director Leyman).
INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.
CLOSED SESSIONQ.
None.