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File Number: 24-0442
BACKGROUND:
The National Fitness Campaign (NFC) fitness court and equipment installation at Polliwog Park is included in the City’s 5-Year Capital Improvement Plan. Staff selected the NFC fitness court equipment because it provides opportunities for people of all ages and fitness levels, accommodates more users than the current fitness station, and offers various additional fitness opportunities. The NFC fitness court provides a seven-station body weight fitness circuit. It uses no weights or machines, instead relying on a graduated training system of maneuvering and lifting one’s body weight. Each of the seven stations offers training for one essential body movement, including core, squatting, pushing, lunging, pulling, agility, and bending. The NFC fitness court also has the capability for the public to use an app on a smartphone to conduct many different workouts.
The fitness court is made of sustainable, recyclable materials, including 70% recycled rubber flooring and recycled steel framing. The project replaced the existing fitness equipment in Polliwog Park adjacent to Redondo Avenue.
DISCUSSION:
The Polliwog Park Fitness Station Replacement Project construction began in July 2024 and was completed in September 2024. The project scope included the following phases:
· Mobilization
· Removal and disposal of the existing fitness station equipment and foundations · Removal and disposal of the existing rubber chips, perimeter fencing, and concrete curb · Removal and disposal of existing sidewalk
· Construction of new concrete foundation slab
· Installation of the new NFC fitness court tile
· Installation of the new NFC fitness equipment
· Construction of new concrete Americans with Disabilities Act (ADA)-compliant sidewalk · Perimeter site landscape restoration
The work was completed under the original contract amount and three change orders were necessary to complete the project satisfactorily. Change Orders Nos. 1 through 3 included furnishing additional backfill required to bring the existing site to finished grade, removing an existing information steel signpost and foundation, and touch-up painting necessary to complete the project.
Polliwog Park Fitness Station Replacement Project
$178,901.00 Original Contract for Polliwog Park Fitness Station Replacement Project + $ 18,000.00 Available Contingency
$196,901.00 Total Available Construction Contract Budget $173,901.00 Contracted Work Completed
+ $ 7,719.00 Change Orders #1 - #3: Additional and Extra Work $181,620.00 Total Contract Work and Change Orders
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File Number: 24-0442
$196,901.00 Total Available Budget
- $181,620.00 Total Contract Work and Change Orders $ 15,281.00 Total Remaining Budget
Oppenheimer National has satisfactorily completed all work and is now requesting formal project acceptance. The five percent retention amount of $9,081 will be released 35 days after the Notice of Completion is recorded with the Los Angeles County Recorder. The Public Works and Parks and Recreation Departments found that all work conformed with the plans and specifications and was of good quality.
Consistent with industry standards, a warranty inspection will be conducted in the fall of 2025.
Any areas observed during the warranty inspection that require remediation will be repaired at that time. This warranty work is included in the construction contract.
PUBLIC OUTREACH:
A community outreach meeting was held at the project site in March 2022 during the initial planning phase. Parks and Recreation staff also outreached to the Manhattan Beach Unified School District. A ribbon cutting launch event was held on November 14, 2024 to celebrate the opening of the new NFC fitness court. Throughout the project, construction updates were posted on the project-specific page on the City website.
ENVIRONMENTAL REVIEW:
The City reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that the project qualified for a Categorical Exemption pursuant to Section 15301 Class 1 (repair and maintenance of existing public facilities, involving negligible or no expansion of use) of the State CEQA Guidelines. A Notice of Exemption was filed with the Los Angeles County Clerk’s Office for the Project.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT:
1. Location Map
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^_
MANHATTAN BEACH BLVD
PECK AVE
REDONDO AVE
Polliwog Park
Fitness Station
Replacement Project
City of Manhattan Beach
/
Feb 2024
Highland Ave
Rosecrans Ave
Marine Ave
Manhattan Beach Blvd
Artesia Blvd
Sepulveda Blvd
Aviation Blvd
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Agenda Date: 12/17/2024
TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Erick Lee, Public Works Director
Katherine Doherty, City Engineer
Jeff Fijalka, Principal Civil Engineer
SUBJECT:
Lot 3 Parking Structure Local Emergency Update (Public Works Director Lee).
DETERMINE THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION _________________________________________________________ RECOMMENDATION:
Staff recommends that the City Council determine, by four-fifths vote, that there is a need to continue the emergency action.
FISCAL IMPLICATIONS:
The original cost estimate for the demolition and replacement of the Lot 3 Parking Structure (Lot 3) with an at-grade parking lot was on the order of $3,000,000. Pursuant to Manhattan Beach Municipal Code Section 3.08.060.A.6.c, the emergency demolition and replacement phase is being carried out through multiple emergency contracts. To date the City has expensed, encumbered, or planned for the following amounts:
General Fund Prop A Fund Meas M Fund Parking
Fund TOTAL
DEMOLITION
Actual - - - 37,143 37,143
Planned - - - 512,857 512,857
Subtotal - - - 550,000 550,000
INTERIM LOT
Planned - - - 66,238 66,238
Subtotal - - - 66,238 66,238
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File Number: 24-0346
General Fund Prop A Fund Meas M Fund Parking
Fund TOTAL
SHUTTLE
Actual - 63,408 6,000 335 69,743
Planned - 25,000 - - 25,000
Subtotal - 88,408 6,000 335 94,743
LOT CLOSURE
Actual 5,215 - - 960 6,175
Subtotal 5,215 - - 960 6,175
GRAND TOTAL 5,215 88,408 6,000 617,533 717,156
BACKGROUND:
The Lot 3 Parking Structure was a City-owned facility at the southwest corner of Morningside Drive and 12th Street in Downtown Manhattan Beach. The three-story structure was constructed in 1971 and contained 146 parking spaces critical to visitors and businesses in the Downtown area. In June 2024, City staff elected to close the structure indefinitely, following a series of onsite inspections and structural assessments indicating that advanced deterioration had significantly compromised the integrity of the structure. At the September 3, 2024 regular City Council meeting, City Council adopted Resolution No. 24-0105, declaring a local emergency at Lot 3 and authorizing the City Manager to secure, demolish, and replace the structure.
In addition to adopting Resolution No. 24-0105, City Council directed staff to explore means to expedite the work, including, but not limited to, extending construction work hours. Furthermore, City Council directed staff to discontinue temporary shuttle services and to identify and/or create additional parking spaces within walking distance of the Downtown area. City Council also directed staff to suspend parking restrictions in the Downtown Resident Permit Parking Area.
Additional discussions included considering alternate locations for the Farmer’s Market, providing a shuttle service for special events, and evaluating the potential for valet parking.
Per Resolution No. 12-6422, which was adopted by City Council on December 4, 2012, in the event of an emergency, the City Manager is authorized to take action during an emergency pursuant to California Public Contract Code (California PCC) Section 22050. Section 22050 provides that the City Manager may order the repair of public facilities without advertising for bids when the repair is in the public interest and necessitates the immediate expenditure of public money to safeguard life, health, or property.
California PCC Section 22050 requires that if the City Manager orders an emergency action, the governing body shall initially review the emergency action at its next regularly scheduled meeting and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. This staff report serves as the update required by Section 22050. Previous updates were provided at
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the regular City Council meetings held on the following dates during calendar year 2024:
September 17, October 1, October 15, November 6, November 19, and December 3.
DISCUSSION:
Emergency Demolition and Replacement
Demolition activities concluded on November 22, 2024, and 12th Street was re-opened to traffic that same day. Center Place was re-opened for use as a delivery zone on November 27, 2024.
The Lot 3 site is now vacant and currently secured with chain-link perimeter fencing.
A limited geotechnical investigation to support the design of the interim parking lot was performed on December 6, 2024. A draft report of the findings of this investigation will be provided to the City in late December. Additionally, the City has issued a Notice to Proceed to TAIT & Associates for the development of the interim lot design drawings, technical specifications, and an Engineer’s cost estimate. It is anticipated that these construction documents will be finalized by mid-January 2025, and the City will solicit bids for the construction of the interim lot shortly thereafter.
Project Impacts to Farmer’s Market
Per City Council direction, the Farmer’s Market that is held every Tuesday by the Downtown Business and Professional Association (DBPA) has been temporarily relocated from its typical location near 13th Street and Morningside Drive to the Civic Center Plaza and Civic Center Parking Lot. Staff secured an amendment to the City’s agreement with the DBPA to address this change.
Shuttle Service for Special Events
At the November 19, 2024 regular City Council meeting, City Council adopted a resolution authorizing the City Manager to negotiate and execute an amendment to the General Services Agreement with Charter Up to provide a shuttle service for the Holiday Fireworks Festival. City Council also appropriated up to $25,000 from the unreserved Proposition A Fund balance for this service.
In accordance with the amended agreement, Charter Up operated a shuttle service between Northrup Grumman and Downtown Manhattan Beach for the Holiday Fireworks Festival on December 8, 2024.
Redevelopment Options for Parking Lot 3
On December 9, 2024, the City Council received a presentation from Kosmont Companies regarding potential scenarios and alternative options for the redevelopment of the Lot 3 site.
These options included:
· Scenario 1: New Self-Park Garage - Replace existing Parking Lot 3 Structure · Scenario 2: Automated Garage
· Scenario 3: Hotel/Commercial Reuse on Site
· Scenario 4: Public Parking on Alternative Sites
During that meeting, staff was directed to perform more research regarding the options
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File Number: 24-0346
available to the City and to return to the City Council with additional information.
PUBLIC OUTREACH:
Formal public notice is not required for this item; however, the item was included in the agenda for this meeting, which was posted in accordance with the law. Additionally, staff has conducted significant outreach by speaking with businesses about parking impacts and coordinating communication and outreach with the DBPA.
An onsite meeting to discuss the demolition process with interested members of the public prior to the start of demolition activities was held on October 16, 2024. Meeting notices were mailed to residents and businesses within 150 feet of the site. DBPA members were also invited to attend. An additional notice was mailed to all residents and business within a 500-foot radius of the site prior to the start of demolition activities.
Additionally, a mailer was sent to all Metlox Parking Lot and Downtown Residential permit holders to inform them of the modifications to these parking programs.
The shuttle service for the Holiday Fireworks Event was promoted on the City’s website and social media channels, as well as the organizer’s website and the DBPA and Chamber of Commerce social media platforms. In addition, directional signs and shuttle stop signs were deployed on the shuttle route.
ENVIRONMENTAL REVIEW:
The City has previously reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the demolition of Lot 3 falls under the statutory exemption for Emergency Projects (State CEQA Guidelines Section 15269) because the demolition is necessary to address a clear and imminent danger, and requires immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Because the existing structure overhangs the public right of way on three sides, collapse poses a threat to life, health, property and essential public services.
Additionally, the City has determined that the interim surface parking aspect of the project qualifies for the following categorical exemptions:
- Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the project would modify the ground floor of an existing parking facility to provide fewer parking spaces than the existing facility, thus resulting in no expansion of the existing use.
- Class 2 categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the State CEQA Guidelines because the existing parking structure would be replaced with a flat parking lot with substantially the same purpose as the existing structure and substantially the same capacity as the ground floor of the existing structure.
- Class 4 categorical exemption pursuant to Section 15304 (Minor Alterations to Land) of
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the State CEQA Guidelines because grading necessary to accommodate a surface parking lot would occur at a lot that has less than 10 percent slope, is not in a waterway, wetland, or scenic area, and is not in officially mapped areas of geological hazard.
No further environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 24-0105
2. Location Map
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Title
City of Manhattan Beach
/
Highland Ave
Rosecrans Ave
Marine Ave
Manhattan Beach Blvd
Artesia Blvd
Sepulveda Blvd
Aviation Blvd
^_
Lot 3 Parking
Structure
Lot 3 Parking
Structure
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Agenda Date: 12/17/2024
TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Lisa Jenkins, Human Resources Director
SUBJECT:
Consideration of a Resolution Appointing Michael Lang as Interim Fire Chief and Approval of an Employment Agreement with Michael Lang (Human Resources Director Jenkins).
ADOPT RESOLUTION NO. 24-0139
_________________________________________________________ RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 24-0139.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action, as the existing budget for the Fire Chief will be utilized for the Interim Fire Chief’s salary.
BACKGROUND:
Chief Michael Lang has announced his retirement from the City of Manhattan Beach, effective December 30, 2024. In order to provide a dedicated focus to the Fire Department and ensure the continuity of operations, the City Manager recommends appointing Michael Lang as the interim Fire Chief following his retirement from the City.
The California Public Employees Retirement System (CalPERS) enforces the rules and regulations for the hiring of retirees from the pension system after the date of retirement. The attached resolution and employment agreement will ensure that the interim appointment of Chief Lang complies with the Public Employees’ Retirement Law and CalPERS regulations.
DISCUSSION:
Following the planned retirement of Fire Chief Michael Lang, the City Manager recommends the appointment of Chief Lang as the Interim Fire Chief in order to maintain the continuity of operations and lead the Fire Department during the recruitment process for the City’s next Fire
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File Number: 24-0437
Chief.
Before joining the City of Manhattan Beach, Chief Lang dedicated 21 years to the City of Arcadia, where he advanced through various ranks and was ultimately promoted to Fire Chief in 2016. He also spent four years with the San Bernardino County Fire Department. Since his arrival in Manhattan Beach, Chief Lang has effectively overseen all aspects of fire operations for the past three and a half years, including administration, training, fire prevention, emergency response, and fire suppression.
Chief Lang’s continued service as Interim Fire Chief will ensure continuity of leadership and service during the executive search for a permanent replacement. Based on his current and prior employment in public safety, Chief Lang has the requisite skills necessary to serve as Interim Chief. Government Code section 7522.56(f)(4) provides an exception to the regular one-hundred eighty (180) day waiting period after retirement for a CalPERS retiree to work for a CalPERS agency for public safety officers that serve in a public safety position after retirement.
That exception applies here and does not require a separate resolution by the City Council. The attached Resolution fulfills CalPERS requirements to appoint Mr. Lang to the interim role, effective Tuesday, December 31, 2024.
Staff is recommending that the Council adopt the attached Resolution.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
LEGAL REVIEW:
Special Counsel has approved the resolution and employment agreement as to form.
ATTACHMENTS:
1. Resolution No. 24-0139
2. Employment Agreement - Michael Lang
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RESOLUTION NO. 24-0139
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL APPOINTING MICHAEL LANG AS AN INTERIM
FIRE CHIEF AND APPROVING AN EMPLOYMENT
AGREEMENT
WHEREAS, Government Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, Michael Lang [CalPERS ID: 7268268908] will retire from the position of Fire Chief for the City of Manhattan Beach on December 30, 2024, at normal retirement age; and
WHEREAS, the City Council desires to appoint Michael Lang as an interim appointment retired annuitant to the vacant position of Fire Chief for the City of Manhattan Beach under Government Code sections 7522.56 and 21221(h), effective December 31, 2024; and
WHEREAS, the City Council, the City of Manhattan Beach, and Michael Lang certify that Michael Lang has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Government Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the search for a permanent appointment has been initiated; and WHEREAS, Michael Lang will serve the City in his capacity as a public safety officer hired to perform functions regularly performed by a public safety officer; and WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore , unless sooner terminated as provided in th e employment agreement, will end on the earlier of (a) the date on which a duly appointed person assumes the duties of the position of Fire Chief; (b) the date on which Michael Lang reaches 960 hours of service as a retired annuitant in a fiscal year for all CalPERS covered employers; or (c) December 31, 2025; and
WHEREAS, the entire employment agreement between Michael Lang and the City of Manhattan Beach has been reviewed by this body and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing City Council Meeting
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comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $316,260 and the hourly equivalent is $ 152.048, and the minimum base salary for this position is $ 244,140 and the hourly equivalent is $117.375; and
WHEREAS, the hourly rate paid to Michael Lang will be $152.00; and WHEREAS, Michael Lang will not receive any other benefit, incentive, compensation in lieu of benefit , or other form of compensation in addition to this hourly pay rate; and
THEREFORE, THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council of Manhattan Beach hereby certifies the nature of the employment of Michael Lang as described herein and detailed in the Employment Agreement between the City of Manhattan Beach and Michael Lang.
SECTION 2. That this appointment is necessary to fill the critically needed position of Fire Chief for the City of Manhattan Beach by December 31, 2024. This appointment is critical for the continuity of efficient functioning of the Fire Department and in meeting the Council’s priorities for the Fire Department. Mr. Lang is exceptionally qualified for this interim assignment, bringing over 30 years of experience to the role. Throughout his lengthy and successful career in fire department operations in Southern California, he has developed specialized skills through both training and practical experience.
SECTION 3 . The City Council hereby approves the Employment Agreement between the City of Manhattan Beach and Michael Lang dated December 31, 2024, and directs the City Manager to execute the Agreement on behalf of the City.
ADOPTED on December 17, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
AMY THOMAS HOWORTH
Mayor
ATTEST:
____________________________
LIZA TAMURA
City Clerk
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EMPLOYMENT AGREEMENT BETWEEN
CITY OF MANHATTAN BEACH AND MICHAEL LANG
This Employment Agreement (“Agreement”) shall be effective as of December 31, 2024, by and between the City of Manhattan Beach, a California municipal corporation, (“City”) and Michael Lang, an individual (“Employee”) (Referred to individually as a “party” and collectively as “parties”).
R E C I T A L S
A. City has a vaca ncy in the position of Fire Chief creating an immediate need for an individual to assume the duties of this position.
B. City has initiated a recruitment for a permanent Fire Chief and desires to secure the specialized services of a suitably qualified person to serve as Interim Fire Chief on a temporary, interim basis while City seeks to permanently fill the position of Fire Chief.
C. The Interim Fire Chief appointment is an appointment to a position of a limited duration and one requiring specialized skills. It is a temporary, provisional appointment, pending recruitment, selection and appointment of a successor Fire Chief or earlier termination as determined by the City Manager.
D. Employee possesses the specialized skills necessary to serve as Interim Fire Chief as a result of a long and distinguished career in fire operations and management, and municipal administration.
E. The City desires to have Employee serve as Interim Fire Chief and Employee desires to accept employment as Interim Fire Chief.
F. Employee’s last day on the City payroll as a regular employee will be December 30, 2024.
He will be retired beginning December 30, 2024 and will begin receiving a pension from the California Public Employees’ Retirement System (“ PERS”). He desires to not be reinstated to active CalPERS membership and desires to retain his retirement status and benefits during this interim appointment . The Public Employees’ Retirement Law (“PERL”), commencing at Government Code Section 20000, permits a retired annuitant to serve in otherwise CalPERS covered employment without reinstatement from retirement and without loss or interruption of retirement benefits, provided certain conditions exist and, including, but not limited to, all employment for the retired annuitant does not exceed 960 hours for all C alPERS contracting agencies in any fiscal year. City and Employee desire to structure the employment to take advantage of this provision , pursuant to the authority in Government Code Sections 7522.56 and 21221(h).
G. Employee qualifies for the exception to the 180 -day waiting period under Government Code section 7522.56(f)(4).
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H. City and Employee wish to enter into an Employment Agreement that sets forth the rights and obligations of the parties and that will supersede all prior negotiations, discussions or agreements.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows:
1. TERM. Unless sooner terminated, as provided in this Agreement, the term of this Agreement shall be from December 31, 2024 (“Effective Date”) to the earlier of (a) the date on which a duly appointed person assumes the duties of the position of Fire Chief, (b) the date on which Employee reaches 960 hours of service as a retired annuitant in a fiscal year for all CalPERS covered employers; or December 31, 2025. Employee shall only be appointed once to this vacant position and shall not be eligible for reappointment or for an extension of the specified term.
2. DUTIES AND AUTHORITY. Employee shall, on an interim basis, exercise the full powers and perform the duties of the position of Fire Chief of the City of Manhattan Beach, as set forth in the Manhattan Beach Municipal Code; personnel and departmental rules, regulations and procedures; the applicable job description and under state law, as each of them currently or may in the future exist. Employee shall exercise such other powers and perform such other duties as the City Manager may from time-to-time assign. As determined by the City Manager, Employee shall serve as representative to any agency or organization to which the City may make appointments.
3. EMPLOYEE'S OBLIGATIONS. Employee shall devote his best efforts to the performance of this Agreement and to the promotion of City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to or which materially interferes with his duties and responsibilities to City or presents a reasonable likelihood that Employee will be required by State law to recuse himself from discussions or decisions regarding City business.
4. WAGE RATE AND BENEFITS.
A. Hourly Wage. Consistent with applicable provisions of California retirement law, the compensation paid to Employee will not be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, as listed on a publicly available pay schedule for the vacant position of Fire Chief. The monthly salary range of $20,345 to $26,355 will be divided by 173.333 to equal an hourly rate. City shall pay Employee for all hours actually worked at the hourly rate of $152, subject to legally permissible or required withholding, paid on City’s normal paydays. Employee agrees to accurately track and report all hours worked. Employee acknowledges that he cannot volunteer hours of work to Employer while an employee.
B. Employment Benefits. Employee acknowledges that he will not be eligible for and shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate, except as expressly required by law. The City Council Meeting
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parties acknowledge that Employee is not eligible for California paid sick leave pursuant to the exemption in Labor Code § 245.5(a)(4).
(1) Group Medical and Dental Insurance. Employee acknowledges that he (including his dependents) will not be eligible for and hereby waives entitlement to health and welfare benefits and group insurance, including, without limitation, medical, life, dental, optical, and disability coverage. However, nothing in this Agreement is intended to waive or to otherwise interfere with retiree health insurance coverage available to Employee as a retired City of Manhattan Beach employee.
(2) Retirement Plan . Employee shall remain a retired person under PERS and shall not be eligible to participate under PERS Plan applicable to other employees of City. As a retired annuitant and to the extent provided by law, Employee will not be subject to mandatory social security coverage.
(3) Expenses. City recognizes that Employee may incur certain expenses of a non-personal and job-related nature. City agrees to reimburse or to pay such business expenses which are incurred and submitted according to City’s normal expense reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within the time limits established by City. Employee’s membership dues in fire related or other organizations shall not be reimbursed.
(4) Bonding. City shall bear the full costs of any fidelity or other bonds required of Employee under any law or ordinance by virtue of his employment as Interim Fire Chief.
5. CERTIFICATION OF COMPLIANCE. Employee certifies that during the 12 - month period prior to signing this Agreement, he has not received unemployment insurance compensation.
6. APPOINTMENT. As an interim appointment, Employee’s appointment is temporary and provisional, qualifying only for the compensation provided under this Agreement and ineligible for benefits applicable to regular executive appointments.
7. INDEMNIFICATION. City will defend and indemnify Employee, using legal counsel of City’s choosing, against legal liability for acts or omissions by Employee occurring in the course and scope of employment under this Agreement, in accord with California Government Code Sections 825, 995, and 995.2 – 995.8 and other applicable provisions of California law. In the event independent counsel is required for Employee, City may select and will pay the reasonable fees of such independent counsel.
8. AT-WILL EMPLOYMENT RELATIONSHIP . Consistent with Manhattan Beach Municipal Code § 2.040.070 and City rules and procedures , and with Government Code sections 7522.56 and 21221(h), the City Manager and City Council shall jointly be appointing authority for Employee and Employee is employed at the pleasure of the City . Either the City or City Council Meeting
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Employee may terminate this Agreement and the employment relationship at any time without cause. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the employment of Employee. Employee may terminate this Agreement and the employment relationship upon 30 calendar days’ written notice.
9. SEVERANCE. City shall pay Employee for all services through the effective date of termination and Employee shall receive no other compensation or payment or any severance.
Since Employee is not eligible for paid leave, payment for unused leave time will not be applicable.
10. INTEGRATION OF AGREEMENT . This Agreement contains the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning E mployee’s employment as Interim Fire Chief with the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and t hat no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.
11. METHOD OF AMENDMENT. No amendments to this Agreement may be made except by a writing signed and dated by the parties.
12. NOTICES. Any notice to City under this Agreement shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City Manager at City's then principal place of business. A courtesy copy shall be given to the City Attorney in a like manner. Any such notice to Employee shall be given in a like manner and, if mailed, shall be addressed to Employee at his home address then shown in City's Human Resources Department file. For the purpose of determining compliance with any time limit in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the third calendar day after mailing, if mailed to the party to whom the notice is to be given in the manner provided in this section.
13. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
B. This Agreement sets forth the final, complete and exclusive agreement between City and Employee relating to the employment of Employee by City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, his employment is subject to City’s generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace.
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C. This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances and Resolutions.
D. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
EMPLOYEE
__________________________
MICHAEL LANG
CITY
CITY OF MANHATTAN BEACH,
A California Municipal Corporation
By: _______________________
TALYN MIRZAKHANIAN, City Manager
City of Manhattan Beach, California
ATTEST:
__________________________
LIZA TAMURA
City Clerk
APPROVED AS TO FORM:
__________________________
QUINN M. BARROW
City Attorney
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Agenda Date: 12/17/2024
TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Liza Tamura, City Clerk
Martha Alvarez, Assistant City Clerk
SUBJECT:
Agenda Forecast (City Clerk Tamura).
INFORMATION ITEM ONLY
_________________________________________________________
CEREMONIAL
· Recognition: Local Realtor Brett Zebrowski for his Contributions to the Community for Sponsoring the Christmas Trees on the Pier.
· Presentation of a Plaque to Outgoing Los Angeles County West Vector Control Boardmember Wayne Powell.
· Long Business Awards (Acting Finance Director Jones).
CONSENT
· City Council Minutes (City Clerk Tamura).
· Financial Reports (Finance Director Charelian).
· Consideration of a Public Safety Camera System (PSCS) Policy (City Manager Mirzakhanian).
· Lot 3 Emergency Procurement Update (Public Works Director Lee). · Update on Making Water Conservation a Way of Life in Manhattan Beach (Public Works Director Lee) .
· Consideration of a Resolution Approving a Five-Year General Services Agreement with XXXX for Janitorial Services at a Cost Not-to-Exceed $XXX,XXX (Public Works Director Lee).
· Engineering, Inc. for the Manhattan Village Senior Villas ADA Pathway Project for $XXX; Re-Appropriating $XXX in the CIP Fund to the Project; and Receiving Project Status (Public Works Director Lee).
· Consideration of Resolution to Accept a Grant of Easement Deed and Temporary
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File Number: 24-0449
Construction Easement Deed for the Property at 1800 Rosecrans Avenue (APN 4138017016) for the Aviation Boulevard Sidewalk Gap Project (Public Works Director Lee).
· Resolutions Awarding a Construction Agreement to XXXXXX, for the Cycle 2 Street Resurfacing Project Marine Avenue and 14th Streets for $X,XXX,XXX; and Approving a Construction Management and Inspection Services Agreement with XXXXXXX for $XXX,XXX; 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).
· Consideration of Accepting as Complete the Ceramic Studios Renovation Kiln Installation Project and Approving Final Change Order in the Amount of $XXX (Public Works Director Lee).
· Consideration of a Resolution Awarding a Construction Agreement to XXXXX for the Citywide Security Cameras Project - Phases 3 for $XXX,XXX, Including Contingency and a Maintenance Contract; Adoption of a Determination of Exemption Pursuant to Sections 15302(b)(3) and 15301 of the State California Environmental Quality Act (CEQA) Guidelines (Public Works Director Lee).
· Consideration of Accepting as Complete the Ceramic Studios Renovation Kiln Installation Project and Approving Final Change Order in the Amount of $XXX (Public Works Director Lee).
PUBLIC HEARING
· Conduct Public Hearing to Consider a Master Use Permit Amendment and Coastal Development Permit to allow increases to the maximum allowable square footages for the “Eating and Drinking Establishment” land use category within the existing footprint of a commercial development located at 451 Manhattan Beach Boulevard (Acting Community Development Director Heise).
· Conduct Public Hearing to Consider a Master Use Permit Amendment and Coastal Development Permit to allow increases to the maximum allowable square footages for the “Eating and Drinking Establishment” land use category within the existing footprint of a commercial development located at 451 Manhattan Beach Boulevard (Acting Community Development Director Heise).
GENERAL BUSINESS
· Discuss Rear Yard Setback Regulations for Accessory Structures in Residential Single-Family (RS) Zones (Acting Community Development Director Heise).
INFORMATIONAL
· Planning Commission Quasi-Judicial.
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Agenda Date: 12/17/2024
TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Mark Leyman, Parks and Recreation Director
SUBJECT:
Commission Minutes:
This Item Contains Minutes of the following City Commission Meetings:
a) Parks and Recreation Commission Meeting Minutes of October 17, 2024 (Parks and Recreation Director Leyman)
b) Parks and Recreation Commission Meeting Minutes of October 28, 2024 (Parks and Recreation Director Leyman).
INFORMATION ITEM ONLY
_____________________________________________________________________ The attached minutes are for information only:
1) Parks and Recreation Commission Meeting Minutes of October 17, 2024 2) Parks and Recreation Commission Meeting Minutes of October 28, 2024
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CITY OF MANHATTAN BEACH
PARKS AND RECREATION COMMISSION
SPECIAL MEETING
Wednesday, October 17, 2024
4:00 PM
Location: Zoom and City Council Chambers, City Hall
1400 Highland Avenue
MINUTES
A. CALL TO ORDER – Chair Allen called the meeting to order at 4:03 pm.
B. PLEDGE TO THE FLAG
C. ROLL CALL
Present: Chair Allen, Zimbalist, Windes, Schreiner
Absent: Komatinsky, Doran, Jacobson
Others Present: Senior Recreation Manager Melissa McCollum, Senior Management Analyst (SMA) Linda Robb, Recording Secretary Rosemary Lackow.
D. APPROVAL OF MINUTES - None
E. CEREMONIAL - None
F. AUDIENCE PARTICIPATION (3-Minute Limit) –
The following persons spoke in support of a North Manhattan Beach Business Improvement District Request (NMBBID) for a road closure on Highland Avenue for the annual Holiday Stroll:
David Curry , north MB resident, Chair of Board of Directors, M anhattan Beach Chamber of Commerce
David Archer, Executive Coordinator for NMBBID, President and CEO, Manhattan Beach Chamber of Commerce.
Mike Simms, north end resident, Director of NMBBID, former chair and current Board member of the MB Downtown Business and Professional Association and business owner
G. GENERAL BUSINESS
1. 24/1017.01 North Manhattan Beach Business Improvement District Request for Road Closure for December 5, 2024 Holiday Stroll Event
Senior Management Analyst (SMA) Linda Robb gave a staff report, noting the North MB Business Improvement District (NMBBID) requests closure to traffic on Highland Avenue between Rosecrans and 33rd Street, for the North MB Holiday Stroll, on December 5 th (Thursday) between 3 p.m. and 11 p.m. The Highland closure, while requested for prior Strolls, has not been approved in the past because Highland is a main commuter route during weekday rush hour. A detour plan around the event has been submitted which City Council Meeting
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would route traffic to Manhattan Avenue.
The City’s Special Events Committee reviewed the request on October 2, 2024. The Committee, including Traffic Engineer Erik Zandvliet and MBPD Traffic Lieutenant Matt Sabosky, does not recommend approval of the Highland closure unless the event were to be moved to a Sunday when traffic volumes are lighter.
Staff recommend s that the Commissi on discuss , and approve or deny the requested closure of Highland Avenue . If the Commission approve s the closure, City Council will consider whether to approve the additional city costs required to implement the closure. If denied, the applicant may appeal to the City Council.
Commissioner Windes stated that she and Commissioner Schreiner have participated in the stroll event on multiple occasions as library commissioners hosting a book giveaway booth at various locations . She hasn’t observed any problems and does not see a compelling reason to close Highland.
Commissioner Schreiner stated her support for Commissioner Windes ’ comments emphasizing that this is a great local event that she felt worked wonderfully.
The Commission received input from City Traffic Engineer Erik Zandvliet and Traffic Lieutenant Matt Saborsky and the Applicant (David Archer, Mike Simms) and discussed the application covering the following:
• Use of Highland Avenue closed area: the center of Highland would be kept open to provide emergency access; curbside parking area would be utilized for activities (e.g.
Santa float and entertainment).
• Traffic concerns/potential safety measures: per Traffic Engineer Zandvliet , approximately 6,000 vehicles , most southbound, would be d iverted. The cost to implement the closure is estimated at $35,000 -$40,000. There will be significant delays and he recommends alternatively, that the event, if Highland is to be closed, be held on a weekend.
• Public notification: Mr. Zandvliet believes that even if advance notice of the closure is posted, only 20% of drivers being detoured will be aware in time to plan a bypass around the c losure (e.g. use Sepulveda) . Per the Applicant, the surrounding neighborhood has not been notified of the proposed closure. • Funding: M r. Zandvliet stated that a funding source for the costs needed to implement the closure has not yet been identified. The Applicant (Simms) advised that NMBBID is prepared to contribute up to $15,000 if this goes forward. Senior Recreation Manager McCollum clarified that the matter before t he Commission is only whether to approve or deny the closure request; funding is up to the City Council. • Benefit for businesses: The Applicant (Simms) estimated that the retailers might expect to have an increase of as much as $4,000 in sales but a major goal is to increase awareness of the North Manhattan Beach businesses. Thursday was preferred over a weekend in that it is typically a low revenue generating day . He has not received any negative feedback in the past from the neighborhood. • MBPD Traffic Lieutenant Matt Sabosky stated that he has not observed or received complaints about pedestrian safety related to past Holiday Strolls. A major concern is that traffic will be re -routed and because Highland is the main north-south through street in the north end, this will result in significant delays, and difficulties for drivers. • Event parking: Traffic Engineer Zandvliet stated he has a concern that additional removal of parking at the curb on Highland would reduce the amount of parking available to the event participants and an alternate plan addressing event parking has City Council Meeting
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not been provided.
Public input was invited by Chair Allen.
Jill Lamkin, Executive Director, Downtown Manhattan Beach Business and Professional Association, stated her support, in that these types of special events are very important for the success of local businesses and noted that closing off Highland provides a relatively flat area to enable a live entertainment stage.
Chair Allen stated that his wife is a vendor that he expects will be participating in the event and inquired as to whether this creates a conflict of interest that requires his recusal in this matter. Senior Recreation Supervisor McCollum suggested that Chair Allen participate in the discussion to maintain a quorum, and staff will consult with the City Attorney after the meeting.
The Commission discussed.
Commissioner Schreiner expressed concern that there is little time to plan adequately for the street closure. Commissioner Zimbalist noted that there are many logistics to be worked out in order to properly re-route 6,000 vehicles. Vice Chair Windes reiterated her concern that, the benefit to be gained does not seem to warrant the disruption and potential problems that may result.
Chair Allen called for the question.
It was moved and seconded (Windes/Schreiner) that the Parks and Recreation Commission DENY the portion of the application by the NMBBID to fully close Highland Avenue from Rosecrans Avenue to 33rd Street.
Roll Call (on motion to deny request)
Ayes: Schreiner, Windes
Noes: Allen, Zimbalist
Abstain: none
Absent: Komatinsky, Doran, Jacobson
Senior Recreation Manager McCollum noted that the Commission’s tie vote will be communicated to the City Council and City Attorney.
H. STAFF ITEMS - None
I. COMMISSION ITEMS
Commissioner Windes reminded of the upcoming Pumpkin Race.
J. ADJOURNMENT
At 4:51 pm it was moved and seconded (Windes/Schriener) to adjourn the meeting to 4:00 pm, October 28, 2024; the motion passed 4-0 with a voice vote.
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CITY OF MANHATTAN BEACH
PARKS AND RECREATION COMMISSION
Wednesday, October 28, 2024
4:00 PM
Location: Zoom and City Council Chambers, City Hall
1400 Highland Avenue
MINUTES
A. CALL TO ORDER – Vice-Chair Windes called the meeting to order at 4:01 pm.
B. PLEDGE TO THE FLAG
C. ROLL CALL
Present: Chair Allen (arrived 4:04), Commissioners Zimbalist, Windes, Schreiner, Komatinsky, Doran, Jacobson
Absent: None
Others Present: Parks and Recreation Department Director Leyman, Senior Recreation Manager Melissa McCollum, Senior Management Analyst (SMA) Linda Robb, Recording Secretary Rosemary Lackow.
D. APPROVAL OF MINUTES – September 23, 2024
It was moved and seconded ( Zimbalist/Komatinsky) to approve as submitted. Motion passed 6-1 by voice vote (Allen absent).
E. CEREMONIAL - None
F. AUDIENCE PARTICIPATION (3-Minute Limit) – None
Chair Allen was seated at 4:04; Vice Chair Windes continuing to chair the meeting.
G. GENERAL BUSINESS
1. 24/0226.01 Work Plan Items Discussion
a. Sand Dune Park Master Plan – Director Leyman reported that Public Works continues to work on a timeline as part of the CIP project prioritiza tion process .
Commissioner Zimbalist noted that the minimum number of swings desired is 3 per each play area or 6 total. Director Leyman clarified that ultimately the project will come back before the City Council for approval. The Commission will be kept informed of the project status.
b. Dog Parks and Community Parkettes . Director Leyman reported that due to staffing challenges, an update from Public Works is delayed until November. Staff continues to explore how costs can be reduced by using Public Works Department crews.
c. Explore Community Aquatics Facility . Senior Recreation Manager McCollum City Council Meeting
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reported that there are no significant updates. The Bay Club continues to analyze the site near the Country Clu b. In addition, plans and cost estimates for priority repairs at Begg Pool (deck resurfacing, plumbing, and fencing) are being evaluated for future consideration by City Council.
There were no public comments about these items.
Director Leyman noted that the Parks Master Plan Update and the Pay ‘N Play site reuse projects will be added to the November agenda.
H. STAFF ITEMS
Strategic Plan and Department Overview
Director Leyman gave a brief update on the Strategic Plan Update. Staff has gathered input from the community through stakeholder interviews and strategy sessions and implementation teams have been formed to accomplish strategic priorities. To implement the Department’s mission: “to create community and enrich the quality of life for residents through people, parks and play”, the implementation teams are guided by three priorities:
1) employee development; 2) maximize and enhance recreation facilities; and 3) elevate and expand programs, experiences and engagement.
The City Manager will make a presentation before City Council on December 3; staff will share a final draft of the Plan with the Commission as soon as it is available.
Senior Recreation Manager McCollum reported that the deadline for city commissioners to submit the parks and facilities survey has been extended to November 30 . Ms.
McCollum highlighted a variety of comments received to date. The survey input will be shared first with the Parks Master Plan subcommittee, the results then will be synthesized and shared with the full Commission.
Vice Chair Windes noted, upon touring parks with Commissioner Schreiner, some concerns about trees in parks and restrooms at Manhattan Heights. Commissioner Windes stated she hopes that several mature carrotwood trees i n Marine Avenue Park will be carefully considered as the city proceeds with the Pay ‘N Play re-use project, and in Sand Dune Park , several tree limbs have fallen and need attention . Manager McCollum stated that there’s a current project in development with Public Works to renovate some of the bathrooms at Manhattan Heights.
The following presentations were made by members of the Parks and Recreation Department leadership team:
• Sports and Facilities Div ision: Senior Recreation Supervisor Archie Sherman gave an overview of this division’s main programs including: facility and park reservations and operations; fitness classes; tennis and pickleball; special events and tournaments, and sport field allocations. Mr. Sherman highlighted: four new pickleball courts installed at the Middle School, new access to the Mira Costa gym for the city recreational volleyball program, and implementation of a turf replacement program, enabling year-round use of city soccer fields.
• Aquatics and Youth Programs Division: Senior Recreation Supervisor Jesus Sandoval, assisted by Jasper Nery (aquatics) and David Ibarra (after school programs) gave an overview regarding this division’s main programs including: aquatics; afterschool programs; and youth enrichment classes and summer camps (the latter provided through City Council Meeting
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private contractors). The division also conducts certain annual special events (Pumpkin Race, Halloween Carnival, Family Campout, Winter Holiday Workshops).
Mr. Sandoval highlighted: Aquatics reservations last year totaled: 3,300 for swim class registrations, over 6,000 for lap swim and 65 for pool parties. Last year, the elementary afterschool program served approximately 85 students per month (for both parks) and the Teen Center at Manhattan Heights had an enrollment of about 80 middle school students.
Afterschool programs are offered year round, except on certain holidays.
David Ibarra commented that the demand for the afterschool program is currently accommodated, however indoor space can be limited (notably at Manhattan Heights) which can be challenging on rainy days.
David Ibarra commented that, regarding scheduling of the Pumpkin Race on the same day as other community events, the race dates for the next two years are already set and there are various factors which make changing the date difficult (e.g. staffing needs). • Community Programs Division: Senior Recreation Supervisor Kari Bell provided an overview of this division’s main programs: Older Adults , Dial -a-Ride and Volunteers. The Older Adults program offers many activities to promote healthy aging, prevent cognitive decline and create a community within a community (see online calendar of events and activities) and includes the Senior Advisory Committee, a liaison between the community’s older adults and City Council. Supervisor Bell highlighted: Dial-a-Ride currently operates 4 bu ses and last year 11,558 rides were provided ; the volunteer program engaged with 330 volunteers who contributed 20,000 hours. The program is currently looking for more teen volunteers.
The Commission recognized staff for its very successful and robust services including Senior Supervisor Bell, Older Adults Supervisor Mary McCabe and Michelle Ami- Cortez, who manages the Dial-a-Ride and Volunteer programs.
• Cultural Arts Division: Cultural Arts Coordinator Andrew Booras (for Eric Brinkman) updated regarding the division’s main programs: Ceramics Studio in Live Oak Park, the Manhattan Beach Art Center (MBAC), and Concerts in the Park. Mr. Booras noted the Live Oak ceramics program is one of the biggest community studios in the Los Angeles area and reservations reach capacity quickly. MBAC holds 4 curated art exhibits per year (most recently “Back to the Roots”); and also operates Glaze Lab on weekends; a side gallery serves as a craft/arts education space. Mr. Booras highlighted that Concerts in the Park, consistently draws between 2,000 and 4,000 people per event. The addition of food trucks this past summer was very successful and did not result in a significant trash problem.
Commissioner Windes suggested having the Mira Costa Jazz Band perform, and Commissioner Komatinsky suggested a jazz band that performed at the Juneteenth celebration.
• Registrations and Marketing Division: Senior Management Analyst Linda Robb summarized this division’s main functions; class and event registration, parks and facility reservations and department marketing. Ms. Robb highlighted: over a year, they handle close to 15,000 enrollments for over 1,500 classes (revenue: $3,000,000); and 450 park facility reservations. A new reservation system will be in a trial mode in January for pickleball and tennis court s. The division manages departmental social media accounts City Council Meeting
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on Facebook (9,000 followers) and Instagram (17,000 followers),and publicizes events and activities in a weekly 11,000 email blast (What’s Manhappening), the quarterly Manhappenings brochure (now digital only) and, as needed, in local newspapers.
In response to Commissioner Komatinsky, Senior Analyst Robb stated she was not aware that there is a link to the city recreation activities on the school district website and is not aware as to whether this is something that the school district would support; this can be looked into.
Director Leyman, in closing, thanked the Commission for the opportunity to present and the leadership team for their presentations and commitment to the community. Staff will send a pdf of the PowerPoint presentation that was viewed to the Commission.
City Council Recap and Parks and Recreation Department Updates – No report.
I. COMMISSION ITEMS
Older Adult Program Update – Commissioner Schreiner reported on a recent meeting of the SAC (Senior Advisory Committee) including updates by Mayor Franklin on a number of city items of interest (Lot 3, outdoor dining pilot program denial by council , proposed hotel downtown, student e-bike sticker program, etc.). The SAC also received information regarding a new program “Vial of Life” being launched by the Los Angeles County Commission for Older Adults that will assist the older population in making medical information and emergency contacts accessible in the event of an emergency or disaster.
School District Update – Commissioner Komatinsky clarified that the student e -bike program being launched by the school district will authorize students, upon certification of completion of an e-bike safety course, to park their bikes on campus. The district continues to work with the Police Department on refining the program.
Student Update – Commissioner Jacobson reported on Mira Costa Activities and events including: Homecoming, “Red Ribbon Week” (promoting a drug-free lifestyle), a Hispanic Heritage Month Assembly, and the TEDx event.
J. ADJOURNMENT
At 5:28 pm it was moved and seconded (Zimbalist/Doran) to adjourn to the meeting to 4:00 pm, November 25, 2024; the motion passed 7-0 with a voice vote.
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Agenda Date: 12/17/2024
TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Ryan Heise, Acting Community Development Director
SUBJECT:
Recent Planning Commission Quasi-Judicial Decisions Regarding 1305 Highland Avenue (Uncle Bill’s Pancake House) (Acting Community Development Director Heise).
INFORMATION ITEM ONLY
_____________________________________________________________________ On December 11, 2024, the Planning Commission considered the item described below:
Consideration
of a Use Permit amendment to modify operating hours of an existing outdoor dining area within the public right-of-way adjacent to an existing eating and drinking establishment (Uncle Bill’s Pancake House) located at 1305 Highland Avenue and finding the project exempt from the California Environmental Quality Act.
The December 11, 2024, Planning Commission meeting was duly noticed on November 27, 2024. Members of the public spoke in favor of the Use Permit Amendment request, which would allow a shift in hours of operation for outdoor dining in the 13th Street public right of way. After the close of the public hearing, the Planning Commission expressed support for the project .
Based on substantial evidence in the record, and pursuant to the Manhattan Beach Local Coastal Program and Manhattan Beach Municipal Code, the Planning Commission adopted the resolution (5-0), approving the project and adopting the environmental determination, in accordance with staff’s recommendation.
Link to the Planning Commission Staff Report:
<https://cms6ftp.visioninternet.com/manhattanbeach/commissions/planning_commission/2024/ 20241211/20241211-2.pdf>
Pursuant to Manhattan Beach Municipal Code Section 10.100.020, Planning Commission quasi-judicial decisions will be reviewed by the City Council if two Councilmembers each file a
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File Number: 24-0466
Council review form within 15 days of the Commission’s decision or if the decision is appealed by a member of the public.
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