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, October 3, 2023
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
October 3, 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.
Jace Weinstein led the Pledge of Allegiance.
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.
1. 23-0408Presentation of Certificates of Recognition to the 2023 “Where Community Grows” Parks Photo Contest Winners.
PRESENT
On behalf of the City Council, Mayor Montgomery presented certificates of recognition to the “Where Community Grows” Parks Photo Contest Winners:
Owen Grady, Flora Uslaner, Many Morrissey, Stephanie Fong, Irene White, and Nancy Franklin; and to the Founder of the contest, Parks and Recreation Student Commissioner Daniel Greenberg.
APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCESE.
A motion was made by Councilmember Lesser, seconded by Councilmember Napolitano, 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
October 3, 2023City Council Regular Meeting Meeting Minutes - Final
CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
F.
Mayor Montgomery announced that other cities had recently had their meetings disrupted by anti-Semitic or racially based comments through Zoom. Such comments are disruptive and interfere with the people's business. He instructed the City Clerk's Office to mute any speakers who attempt to disrupt the meeting with anti-Semitic or derogatory comments based upon race, gender, or other protected categories. He provided that the City has a zero tolerance policy against such behaviors.
Founder and Director of The Single Mom Project Janet Jones announced a book drive on October 14-15, 2023, from 10:00 AM - 5:00 PM, where books can be dropped off at 815 3rd Street or 3009 Palm Avenue.
Senior Civil Engineer Jeff Fijalka announced three upcoming community events: an informal information session for the 28th Street Stormwater Infiltration Project on October 10, 2023, from 4:00 PM-6:30 PM, at 26th Street and Manhattan Avenue; a public meeting for the Voorhees Wastewater Pump Station Improvements Project on October 24, 2023, at 6:00 PM, at the Manhattan Heights Community Center; and a meeting for the Cycle 2 Water Infrastructure Improvement Project on November 6, 2023, at 6:00 PM, in City Council Chambers.
Manhattan Beach Library Manager Josh Murray announced an event, "Scott and Shayna: Seeing Beyond," on October 14, 2023, at 1:00 PM; and that the library will be closed on October 9, 2023, in observance of Indigenous Peoples Day.
Fire Captain and Paramedic James Falls announced the Fire Department's Pancake Breakfast at Fire Station 1 on October 22, 2023, from 8:00 AM-12:00 PM.
Waste Management Recycling Educator Bobby Bell announced a Composting Workshop on October 14, 2023, at 10:00 AM at the Manhattan Beach Botanical Garden at Polliwog Park; and a Free Paper Shredding Event on October 21, 2023, from 9:00 AM - 11:00 AM at the Mira Costa High School Parking Lot.
Mira Costa High School Students Sienna Sall and Parker Stickney provided updates regarding recent and upcoming events at the school.
Police Chief Rachel Johnson announced National Coffee with a Cop Day on October 4, 2023, at Dunkin’ from 10:00 AM-12:00 PM; and that the Police Department will be selling t-shirts and patches as part of the Pink Patch Project where all proceeds benefit Soroptimist International of Manhattan Beach.
October 3, 2023City Council Regular Meeting Meeting Minutes - Final Mayor Pro Tem Franklin thanked Assistant to the City Manager and Homeless Liaison George Gabriel for calling 911 for an homeless individual that needed assistance while they were at the League of CA Cities Conference in Sacramento.
Councilmember Howorth announced the Hometown Fair is this weekend.
Mayor Montgomery requested that any veterans or active military in the audience rise and be recognized for their service. He announced his next Coffee with the Mayor events would take place from 3:30 PM - 4:30 PM on October 31, 2023, at Dunkin' and November 7, 2023, at Peet’s Coffee in the Downtown Area; and he encouraged any interested residents to sign-up to receive a ceremonial Baby Passport at an upcoming City Council meeting.
PUBLIC COMMENTS (3 MINUTES PER PERSON)G.
Mayor Montgomery restated that other cities had recently had their meetings disrupted by anti-Semitic or racially based comments through Zoom. Such comments are disruptive and interfere with the people's business. He instructed the City Clerk's Office to mute any speakers who attempt to disrupt the meeting with anti-Semitic or derogatory comments based upon race, gender, or other protected categories.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Dennis Fitzgerald
Mark Richards
Laura Kiely
Seeing no further requests to speak. Mayor Montgomery closed the floor to public comments.
Mayor Montgomery thanked everyone for their work at the Police Department's car show over the weekend, Parks and Recreation for their work with the Polliwog Park playground equipment, and to Public Works for their work on Peck Reservoir. He also mentioned that Fire Department Station 2 would be opening soon with the date to be determined.
October 3, 2023City Council Regular Meeting Meeting Minutes - Final
UPDATES AND PRESENTATIONS
2. 23-0406Emergency Preparedness Plan (Fire Chief Lang). (Estimated Time: 5 Mins.)
RECEIVE AND FILE
City Manager Bruce Moe introduced Emergency Preparedness Administrator Amanda McClennan who provided a PowerPoint presentation regarding the City’s Emergency Preparedness Plans 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.
City Manager Moe provided the Ms. McClennan is the City's first Emergency Preparedness Administrator and he thanked the City Council for allowing the creation of the position.
Hearing no objection, Mayor Montgomery received and filed the update.
3. 23-0407
Fire Prevention Report (Fire Chief Lang).
(Estimated Time: 5 Mins.)
RECEIVE AND FILE
City Manager Bruce Moe introduced Fire Marshall Kevin Bass who provided a PowerPoint presentation regarding fire prevention 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.
Hearing no objection, Mayor Montgomery received and filed the update.
October 3, 2023City Council Regular Meeting Meeting Minutes - Final
4. 23-0419Public Safety Updates (Police Chief Johnson). (Estimated Time: 5 Mins.)
RECEIVE AND FILE
City Manager Bruce Moe introduced Police Chief Rachel Johnson who provided a PowerPoint presentation regarding public safety updates 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.
Hearing no objection, Mayor Montgomery received and filed the update.
CONSENT CALENDAR (APPROVE)H.
A motion was made by Councilmember Howorth, seconded by Councilmember Lesser, to approve the Consent Calendar. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
5. 23-0328
City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of September 19, 2023
b) City Council Regular Meeting Minutes of September 19, 2023 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
6. 23-0393
Financial Reports:
a) Schedule of Demands for September 8, 2023, and September 15, 2023
b) Investment Portfolio for the Month Ending August 31, 2023 c) Month End Report for August 31, 2023 (Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
October 3, 2023City Council Regular Meeting Meeting Minutes - Final
7. 23-0405Declaration of Proclamations for the Following:
a) Month of October 2023, as National Community Planning Month b) Month of October 2023, as National Arts and Humanities Month c) October 8 - October 14, 2023, as Fire Prevention Week d) October 4, 2023, as Energy Efficiency Day
PROCLAIM
The recommendation for this item was approved on the Consent Calendar.
8. 23-0349
Consideration of Second Reading and Adoption of an Ordinance Amending Chapter 2.36 (Purchasing) of the Manhattan Beach Municipal Code to Modify the Purchasing Authority Limits (Finance Director Charelian).
ADOPT ORDINANCE NO. 23-0009
The recommendation for this item was approved on the Consent Calendar.
9. 23-0425
Consideration of a Resolution Approving an Amended and Restated Compensation Plan for Full-Time Unrepresented Employees (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 23-0128
The recommendation for this item was approved on the Consent Calendar.
10. 23-0374
Consideration of a Resolution Approving Amendment No. 1 to the Professional Services Agreement with DocuLynx Operations, LLC for Professional Scanning and Digitization Services for the Community Development Department at a Cost Not-to-Exceed $134,875 (Community Development Director Mirzakhanian).
ADOPT RESOLUTION NO. 23-0129
The recommendation for this item was approved on the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDARI.
None.
PUBLIC HEARINGSJ.
None.
October 3, 2023City Council Regular Meeting Meeting Minutes - Final GENERAL BUSINESSK.
11. 23-0414Consideration of a Resolution Appropriating Funds and Awarding a Construction Agreement to Asplundh Construction, LLC in the Amount of $131,625 for Work Within the Right-of-Way in Underground Utility Assessment District 19-12 (District 12) and Private Utility Conversion Work in Underground Utility Assessment District 19-14 (District 14) (Public Works Director Lee).
(Estimated Time: 20 Mins.)
A) ADOPT RESOLUTION NO. 23-0130
B) APPROPRIATE FUNDS
Public Works Director Erick Lee introduced Senior Civil Engineer Jeff Fijalka who provided the PowerPoint presentation.
Senior Civil Engineer Fijalka and City Attorney Quinn Barrow 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 Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to adopt Resolution No. 23-0130 and appropriate funds.
City Attorney Barrow clarified that by adopting the resolution they would correcting two typos in the title of the resolution and in the body of the resolution, which would be to approve both the plans and specifications.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to adopt Resolution No. 23-0130 as amended, a resolution of the Manhattan Beach City Council awarding a construction contract to Asplundh Construction, LLC for the Underground Utility Assessment District 19-12 and 19-14 Projects; appropriating funds from the General Fund; authorizing the City Manager to approve additional work, if necessary; and approving the plans and specifications for the work. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
October 3, 2023City Council Regular Meeting Meeting Minutes - Final
12. 23-0426Update on Parks and Recreation Department Projects (Parks and Recreation Director Leyman).
(Estimated Time: 45 Mins.)
RECEIVE AND FILE
Parks and Recreation Director Mark Leyman began the PowerPoint presentation.
Parks and Recreation Director Leyman and City Manager Moe responded to City Council questions.
The City Council gave direction for the following proactive art projects for the Cultural Arts Commission:
Public Art Tour - remove from the list.
Instruments in the Park - return to City Council with more information.
Art Night - keep the project on the list.
Parks and Recreation Director Leyman responded to City Council questions.
The City Council gave direction for the following proactive art projects for the Cultural Arts Commission:
Small Downtown Performance Space - schedule programming for spaces the City already has.
Chalk Art Festival - keep the project on the list.
Surfboards on Parade - return to City Council with more information.
Parks and Recreation Director Leyman responded to City Council questions.
The City Council gave direction for the following proactive art projects for the Cultural Arts Commission:
Art Vending Machine - return to City Council with more information.
Young at Art and Art Therapy for Older Adults - keep the project on the list.
Parks and Recreation Director Leyman and Cultural Arts Manager Eilen Stewart responded to City Council questions.
The City Council gave direction for the following proactive art projects for the Cultural Arts Commission:
LA vs. Hate Community Mural - return to City Council with more information but rename the project so it does not include the word "hate."
Alley Arts Murals - keep the project on the list but do not move forward with it at this time.
October 3, 2023City Council Regular Meeting Meeting Minutes - Final Parks and Recreation Director Leyman continued the PowerPoint presentation.
Councilmember Napolitano suggested that staff reach out to local colleges regarding kiln installations in regard to the ceramics kiln project.
Parks and Recreation Director Leyman, Cultural Arts Manager Stewart, and City Manager Moe responded to City Council questions.
The City Council directed staff to return with more information regarding options for the Pay N Play Renovation.
Parks and Recreation Director Leyman continued the PowerPoint presentation and responded to City Council questions.
The City Council directed staff to have the Parks and Recreation Commission revisit the Military Wall concept after considering the symbolism of the existing Veteran's Monument, in that it is already meant to honor those who have fallen and those veterans still living; and to bring back more information to the City Council in November.
Mayor Montgomery opened the floor to public comment. The following individual(s) spoke:
Gary McAulay
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
Parks and Recreation Director Leyman concluded the PowerPoint presentation and responded to City Council questions.
Mayor Montgomery re-opened the floor to public comment.
Seeing no requests to speak, Mayor Montgomery closed the floor to public comments.
The City Council received and filed the report after providing the aforementioned direction to staff.
At 8:13 PM, the City Council recessed and reconvened at 8:28 PM with all City Councilmembers present.
October 3, 2023City Council Regular Meeting Meeting Minutes - Final
13. 23-0424Consideration of Resolution Adding the Camellia as the Second City Flower (City Manager Moe).
(Estimated Time: 10 Mins.)
ADOPT RESOLUTION NO. 23-0131
City Manager Bruce Moe and Councilmember Howorth provided background regarding the item.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Diana Skarr
Gary McAulay
Jacqueline May
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
Councilmember Howorth responded to her colleagues questions.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to adopt the suggested language from the Manhattan Beach Botanical Garden which would designate the beach primrose as the official native wildflower and the camellia as the official historical flowering shrub, recognizing the Uyematsu Star Nursery and its contributions and growth to the City.
City Attorney Quinn Barrow provided that there was a resolution as part of the staff report.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to adopt Resolution No. 23-0131 as amended, adding a second official City flower by designating the Camellia as the City's historical flowering shrub.
The motion carried by the following vote:
Aye: Franklin, Howorth, Lesser and Napolitano4 -
Nay: 0
Abstain: Montgomery1 -
October 3, 2023City Council Regular Meeting Meeting Minutes - Final CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTSL.
14. 23-0420City Council AB 1234 Reports.
RECEIVE AND FILE
Councilmember Lesser, Councilmember Napolitano, Councilmember Howorth, Mayor Pro Tem Franklin, and Mayor Montgomery reported that they all attended the League of California Cities Conference in Sacramento where homelessness, housing requirements, artificial intelligence in government, and many other topics were discussed.
Councilmember Howorth provided that she would submit the conference's information packet to the City Clerk’s Office.
Councilmember Napolitano and Councilmember Howorth also reported that they attended the Independent Cities Association Installation where Mayor Montgomery was named as the new president.
15. 23-0429
Consider Request by Councilmember Lesser and Councilmember Howorth to Discuss the Replacement of the Exercise Equipment on Veteran’s Parkway (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
City Manager Bruce Moe provided that the following three agenda items would need a third vote in order to appear on a future agenda.
Mayor Pro Tem Franklin provided that he would be third vote in order to have the item appear on a future agenda.
16. 23-0430
Consider Request by Councilmember Howorth and Councilmember Lesser to Discuss a Potential Event And Proclamation Regarding, “Stand Up Against Hate Week - November 12-18, 2023 (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Councilmember Howorth provided background regarding the request.
City Manager Bruce Moe responded to City Council questions.
The City Council directed staff to create a proclamation declaring November 12-18, 2023, as "Stand Up Against Hate Week."
October 3, 2023City Council Regular Meeting Meeting Minutes - Final
17. 23-0431Consider Request by Mayor Montgomery and Mayor Pro Tem Franklin to Discuss Utilizing the General Fund in Lieu of Grant Funds to Resurface the Roadway going Westbound on Manhattan Beach Boulevard beginning at Sepulveda Boulevard (City Manager Moe).
DISCUSS AND PROVIDE DIRECTION
Mayor Montgomery provided background regarding the item.
Public Works Director Erick Lee responded to City Council questions.
Councilmember Napolitano provided that he would be the third vote to have the item appear on a future agenda for informational purposes only.
FUTURE AGENDA ITEMSM.
Councilmember Howorth requested to agendize a discussion to revisit the shark mural proposed by Eric Snyder for potential placement at Fire Station
1. Councilmember Napolitano seconded the request.
Councilmember Howorth requested to agendize a discussion to revisit the color of the wayfinding signage. Councilmember Lesser seconded the request.
Mayor Pro Tem Franklin requested to agendize a discussion to update the City's ordinance regarding the overnight parking of oversized vehicles. Mayor Montgomery seconded the request.
Mayor Pro Tem Franklin requested to agendize a discussion to join the City of Whittier and other cities who are seeking an injunction for the recently adopted zero-bail schedule in order to safeguard public safety.
City Attorney Quinn Barrow responded to City Council questions.
Councilmember Napolitano seconded the request in order to receive more information.
CITY MANAGER REPORTN.
City Manager Bruce Moe inquired if the City Council would like to move the first meeting in January to the following week due to the holidays. .
The City Council directed staff to move the January 2, 2024 City Council Meeting, to January 9, 2024.