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, December 5, 2023
6:00 PM
Regular Meeting
City Council Chambers and Zoom
City Council Regular Meeting
December 5, 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.
Ezra Handman of Robinson Elementary School led the Pledge of Allegiance.
ROLL CALLC.
Roll call led 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.
City Manager Bruce Moe requested to pull Agenda Item No. 11 to be heard at a later date.
Councilmember Napolitano requested pull Agenda Item No. 10 to be heard for individual consideration.
A motion was made by Councilmember Howorth, seconded by Mayor Pro Tem Franklin, to approve the agenda, pull Agenda Item No. 10 from the Consent Calendar for individual consideration, pull Agenda Item No. 11 from the Consent Calendar to be heard at a later date, and waive full reading of ordinances. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
December 5, 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 AuthorTalk with Heather Hach on December 9, 2023, at 1:00 PM; and Holiday Harp Music on December 16, 2023, at 1:00 PM.
Executive Coordinator of the Holiday Stroll Laurie McDermott announced the North Manhattan Beach Holiday Stroll on December 7, 2023, from 5:00 PM to 9:00 PM.
Mira Costa High School ASB Students Vivian Wood and Roc Dillman provided updates regarding recent and upcoming events at MCHS.
Emergency Preparedness Administrator Amanda MacLennan announced the Local Hazard Mitigation Plan Planning Committee Meetings on December 12, 2023, January 9, 2024, and January 30, 2024, from 9:30 AM-11:30 AM.
Parks and Recreation Director Mark Leyman announced the Holiday Fireworks Show on December 11, 2023, at 7:00 PM and responded to City Council questions.
Councilmember Howorth announced that December 7, 2023, is the first night of Hanukkah and that there would be a menorah lighting (sponsored by the Jewish Community Center) at Metlox on December 11, 2023, at 5:30 PM; and a holiday event (sponsored by Congregation Tikvat Jacob) on December 10, 2023, in El Segundo at The Point from 1:00 PM-3:00 PM.
Mayor Pro Tem Franklin announced that the city has free parking during the month of December but that the posted parking time frames still need to be followed; and that Mayor Montgomery's favorite football team, the Texas Longhorns, were in the National Football Championships.
Mayor Montgomery announced the Beach Cities Toy Drive at the Joslyn Community Center on December 16, 2023, at 11:00 AM; the Holiday Decorating Contest and nomination period from December 5-18, 2023, with winners being announced on December 19, 2023; and clarified comments he provided at the last meeting regarding the upcoming election in November 2024.
December 5, 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:
Unknown Speaker
Mike Michalski
Tim Jones
William Victor
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
CONSENT CALENDAR (APPROVE)H.
A motion was made by Councilmember Lesser, seconded by Councilmember Howorth, to approve the Consent Calendar with Agenda Item No. 10 being removed to be heard under Section I - Items Removed From the Consent Calendar and Agenda Item No. 11 being removed to be heard at a later date.
The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
1. 23-0467
City Council Minutes:
This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of November 21, 2023
b) City Council Regular Meeting Minutes of November 21, 2023 (City Clerk Tamura).
APPROVE
The recommendation for this item was approved on the Consent Calendar.
2. 23-0523
Financial Reports:
a) Schedule of Demands for November 3, 2023, and November 9, 2023 b) Investment Portfolio for the Month Ending October 31, 2023 c) Financial Month End Report for October 31, 2023 (Finance Director Charelian).
ACCEPT REPORTS AND DEMANDS
The recommendation for this item was approved on the Consent Calendar.
December 5, 2023City Council Regular Meeting Meeting Minutes - Final
3. 23-0529Consideration of a Resolution Approving City Contributions to Medical Insurance for the Manhattan Beach Mid-Management Employees Association, Unrepresented Employees and Officials (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 23-0160
The recommendation for this item was approved on the Consent Calendar.
4. 23-0473
Consideration of a Resolution to Accept a Grant of Easement Deed and Temporary Construction Easement Deed for the Property at 1101 North Sepulveda Boulevard for the Manhattan Beach Boulevard and Sepulveda Boulevard Intersection Improvement Project (Public Works Director Lee).
ADOPT RESOLUTION NO. 23-0161
The recommendation for this item was approved on the Consent Calendar.
5. 23-0441
Consideration of Accepting as Complete the Marine Avenue at Cedar Avenue Traffic Signal and Intersection Improvements Project (Public Works Director Lee).
ACCEPT AND APPROVE
The recommendation for this item was approved on the Consent Calendar.
6. 23-0392
Consideration of Accepting as Complete the Rowell Avenue Sidewalk Gap Closure Between 1st Street and Curtis Avenue Project (Public Works Director Lee).
ACCEPT AND APPROVE
The recommendation for this item was approved on the Consent Calendar.
7. 23-0483
Consideration of a Resolution Adopting Caltrans Local Assistance Procedure Manual Chapter 10 for State and Federal Funded Transportation Projects Related to the Highway Safety Improvement Program (HSIP) Crosswalk Improvements Project (Public Works Director Lee).
A) ADOPT RESOLUTION NO. 23-0163
B) AUTHORIZE
The recommendation for this item was approved on the Consent Calendar.
8. 23-0484
Consideration of a Resolution Approving a Three-Year Maintenance Services Agreement with Duthie Power Services for On-Call Auxiliary Generator Services in an Amount Not-to-Exceed $300,000 (Public Works Director Lee).
ADOPT RESOLUTION NO. 23-0164
The recommendation for this item was approved on the Consent Calendar.
December 5, 2023City Council Regular Meeting Meeting Minutes - Final
9. 23-0435Consideration of Resolutions Awarding a Professional Inspection Services Agreement to Faith Group, Inc. for the Citywide Security Cameras Project - Phases 1 and 2 in the Amount of $159,680, and for On-Call Construction Management and Inspection for Phase 3 of the Citywide Security Cameras Program for $100,000 for a Two-Year Term (Public Works Director Lee).
ADOPT RESOLUTION NOS. 23-0144 AND 23-0145
The recommendation for this item was approved on the Consent Calendar.
10. 23-0494
Consideration of Introducing an Ordinance Amending Section 7.28.100 of the Manhattan Beach Municipal Code (Municipal Code) Regarding the Responsibility of Property Owners within a Utility Undergrounding District, and Adoption of a Determination of Exemption Pursuant to 15302(d) and 15303(d) of the State CEQA Guidelines (Public Works Director Lee).
INTRODUCE ORDINANCE NO. 23-0013
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.
11. 23-0337
Consideration of Introducing an Ordinance to Establish Applicable Regulations Regarding Water System Cross-Connection Controls (Public Works Director Lee).
INTRODUCE ORDINANCE NO. 23-0011
This item was continued to be heard at a later date.
December 5, 2023City Council Regular Meeting Meeting Minutes - Final ITEMS REMOVED FROM THE CONSENT CALENDARI.
10. 23-0494Consideration of Introducing an Ordinance Amending Section 7.28.100 of the Manhattan Beach Municipal Code (Municipal Code) Regarding the Responsibility of Property Owners within a Utility Undergrounding District, and Adoption of a Determination of Exemption Pursuant to 15302(d) and 15303(d) of the State CEQA Guidelines (Public Works Director Lee).
INTRODUCE ORDINANCE NO. 23-0013
Councilmember Napolitano provided that he pulled the item to receive additional information, including the City earned interest rate of 6% per year on outstanding debt.
Public Works Director Erick Lee, City Manager Bruce Moe, City Attorney Quinn Barrow, Finance Director Steve Charelian, and Senior Civil Engineer Jeff Fijalka responded to City Council questions.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Mike Jenkins
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
Senior Civil Engineer Fijalka and Public Works Director Lee responded to City Council questions.
A motion was made by Councilmember Napolitano, seconded by Councilmember Lesser, to introduce Ordinance No. 23-0013.
City Attorney Quinn Barrow read the title of Ordinance No. 23-0013 into the record:
AN ORDINANCE OF THE CITY OF MANHATTAN BEACH AMENDING MANHATTAN BEACH MUNICIPAL CODE SECTION 7.28.100 TO AMEND THE EXISTING
PROVISIONS THEREOF REGARDING THE RESPONSIBILITY OF PROPERTY
OWNERS WITHIN AN UNDERGROUNDING UTILITY DISTRICT TO PROVIDE
REQUIRED UNDERGROUND FACILITIES ON THEIR PROPERTY, AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
December 5, 2023City Council Regular Meeting Meeting Minutes - Final PUBLIC HEARINGSJ.
12. 23-0418Conduct Public Hearing for Consideration of Introduction of an Ordinance Amending Title 10 (Planning and Zoning) and Title 11 (Subdivisions) of the Manhattan Beach Municipal Code to Incorporate Proposed Regulations Related to Senate Bill 9 (SB 9) (Community Development Mirzakhanian).
(Estimated Time: 30 Mins.)
A) CONDUCT PUBLIC HEARING
B) INTRODUCE ORDINANCE NO. 23-0014
Community Development Director Talyn Mirzakhanian introduced Associate Planner Tari Kuvhenguhwa who provided the PowerPoint presentation.
Community Development Director Mirzakhanian 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 Howorth, seconded by Mayor Pro Tem Franklin, to introduce Ordinance No. 23-0014.
City Attorney Quinn Barrow read the title of Ordinance No. 23-0014 into the record:
AN ORDINANCE OF THE CITY OF MANHATTAN BEACH ADDING CHAPTERS 10.78 AND 11.40, AND AMENDING SECTIONS 10.12.020, 11.04.030, AND 11.12.040, OF THE MANHATTAN BEACH MUNICIPAL CODE TO IMPLEMENT SENATE BILL 9 (SB 9)
The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
December 5, 2023City Council Regular Meeting Meeting Minutes - Final
13. 23-0428Conduct Public Hearing to Consider Revocation of the Use Permit (Resolution No. 6055) for Property Located at 1727 Artesia Boulevard Due to the Property Owner’s Failure to Comply with Conditions of Approval (Community Development Director Mirzakhanian). (Estimated Time: 30 Mins.)
A)
CONDUCT PUBLIC HEARING
B) DIRECT STAFF TO BRING FORWARD A RESOLUTION
REVOKING THE USE PERMIT ISSUED FOR THE SUBJECT
PROPERTY
Community Development Director Talyn Mirzakhanian introduced Planning Manager Adam Finestone who provided the PowerPoint presentation.
Mayor Montgomery opened the public hearing.
Attorney Ed Lear, representing the property owner, provided a PowerPoint presentation.
Property Owner Michelle Chalfant spoke.
The following individual(s) spoke:
Lisa McCurdy
Heather Kim
Seeing no further requests to speak, Mayor Montgomery closed the public hearing.
City Attorney Quinn Barrow and Planning Manager Finestone responded to City Council questions.
A motion was made by Councilmember Napolitano, seconded by Councilmember Howorth, to direct staff to bring forward a resolution revoking the Use Permit issued for the property located at 1727 Artesia Boulevard due to noncompliance with the conditions of approval. The motion carried by the following vote:
Aye: 5 - Montgomery, Franklin, Howorth, Lesser and Napolitano Nay: 0
At 7:38 PM, the City Council recessed and reconvened at 7:50 PM, with all City Councilmembers present.
December 5, 2023City Council Regular Meeting Meeting Minutes - Final
14. 23-0409Consideration of a Juneteenth Community Celebration in 2024 and, if Approved, Appropriate $30,000 from the General Fund (Parks and Recreation Director Leyman).
(Estimated Time: 75 Min.)
A)
DISCUSS AND PROVIDE DIRECTION
B) APPROPRIATE FUNDS
Parks and Recreation Director Mark Leyman introduced Senior Recreation Supervisor Kari Bell who provided the PowerPoint presentation.
Senior Recreation Manager Melissa McCollum responded to City Council questions.
City Manager Moe clarified that staff was looking to receive City Council input and to discuss and provide direction regarding the item.
Senior Recreation Supervisor Bell responded to City Council questions.
Senior Recreation Manager McCollum responded to City Council questions and provided a PowerPoint presentation.
Mayor Montgomery opened the floor to public comments. The following individual(s) spoke:
Donne Ward Jr.
Janet Allen
Maddie Hutchinson
Sephtis Peters
Daniel Cashman
Theodora Tuitupou
Vase Fanua Piuleini
Carter Allen
Julie Broady
Bill Victor
Kathryn Glavin
Malachy Garbott
Skyler Wills
Diana Skaar
Michael Jenkins
Heather Kim
Julie Birkel
Seeing no further requests to speak, Mayor Montgomery closed the floor to public comments.
City Manager Bruce Moe responded to City Council questions and sought clarity on City Council’s direction.
K. GENERAL BUSINESS
December 5, 2023City Council Regular Meeting Meeting Minutes - Final The City Council deferred the item to allow the public more time to review the content and directed staff to return on January 16, 2023, with clarifications to the staff report and attachments.
15. 23-0537Update Regarding Police Department and Citywide Staffing and Recruitment, and Consideration of a Resolution Approving Various Recruitment and Retention Incentives (Police Chief Johnson and Human Resources Director Jenkins).
(Estimated Time: 30 Mins.)
ADOPT RESOLUTION NO. 23-0165
Police Chief Rachel Johnson provided the PowerPoint presentation.
Police Chief Johnson and Human Resources Director Lisa Jenkins responded to City Council questions.
Mayor Montgomery opened the floor to public comments.
Seeing no request 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. 23-0165, a resolution of the Manhattan Beach City Council approving police officer recruitment and referral bonuses and other recruitment and retention incentives. The motion carried by the following vote:
Aye: Montgomery, Franklin, Howorth, Lesser and Napolitano5 - Nay: 0
December 5, 2023City Council Regular Meeting Meeting Minutes - Final
16. 23-0543Consideration of a Resolution Amending the City Manager’s Employment Agreement to Provide The City Manager with the Ability to Accrue Additional Annual Leave of Up To 150 “Non-Cashable” Hours That Must Be Used Prior To December 31, 2024 (City Attorney Barrow). (Estimated Time: 5 Mins.)
ADOPT RESOLUTION NO. 23-0159, APPROVING AMENDMENT
NO. 4 TO THE CITY MANAGER EMPLOYMENT AGREEMENT
City Attorney Quinn Barrow provided background regarding the item 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.
A motion was made by Mayor Montgomery, seconded by Mayor Pro Tem Franklin, to adopt Resolution No. 23-0159, a resolution of the Manhattan Beach City Council approving Amendment No. 4, amending the City Manager’s employment agreement to provide the City Manager the ability to accrue additional annual leave of up to 150 hours, that can be used in lieu of general leave prior to December 31, 2024. 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.
None.
FUTURE AGENDA ITEMSM.
Councilmember Lesser requested to agendize a discussion regarding the history of the 6% interest rate that was discussed in Agenda Item No. 10.
It was confirmed that the City Council could receive a briefing regarding the item and that it did not need to appear on a future agenda.
CITY MANAGER REPORTN.
City Manager Bruce Moe thanked the City Council for the accrual boost and announced that City Hall and the City Yard would be closed on December 6, 2023, from 2:00 PM-4:00 PM, for staff development.
CITY ATTORNEY REPORTO.
None.