Packet — Manhattan Beach City Council, December 17, 2024 (part 1 of 2)

Tuesday, December 17, 2024
6:00 PM
City Council Chambers
City Council Regular Meeting

EXECUTIVE TEAM
City Manager Talyn Mirzakhanian
City Attorney Quinn Barrow
MISSION STATEMENT:

Our mission is to provide excellent municipal services, preserve our small beach town character, and enhance the quality of life for our residents, businesses and visitors.

City Clerk Liza Tamura
Interim Finance Director Onyx Jones
Human Resources Lisa Jenkins
Parks and Recreation Mark Leyman
Police Chief Rachel Johnson
Fire Chief Michael Lang
Acting Community Development Director Ryan Heise
Public Works Director Erick Lee
Information Technology Director Miguel Guardado

ELECTED OFFICIALS
Mayor Amy Howorth
Mayor Pro Tem David Lesser
Councilmember Steve Napolitano
Councilmember Richard Montgomery
Councilmember Joe Franklin
City Treasurer Tim Lilligren
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DECEMBER 17, 2024
CITY COUNCIL MEETING AGENDA PACKET:

Agenda Item No. Starting Page Ending Page
AGENDA l 12
1 13 42
2 43 60
3 61 70
4 71 72
5 73 82
6 83 86
7 87 96
8 97 100
9 101 142
10 143 166
11 167 188
12 189 192
13 193 204
14 205 214
15 215 216
16 217 224
17 225 226
INDEX

CITY OF MANHATTAN BEACH
1400 Highland Avenue Manhattan Beach, CA 90266
www.manhattanbeach.gov • (310) 802-5000
City Council Meeting
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December 17, 2024FinalCity Council Regular Meeting Agenda MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU!
Meetings are broadcast live through Manhattan Beach Local Community Cable, Channel 8 (Spectrum), Channel 35 (Frontier), live streaming via the City's website, and via Zoom (Direct URL:
https://citymb-info.zoom.us/j/93376200363, Meeting ID: 933 7620 0363).

The City continues to offer an opportunity to participate in City Council meetings via Zoom and in-person. City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 12:00 PM, December 17, 2024 (the day of the meeting), via:
1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to [email protected]
All of your comments provided by the deadlines above will be available to the City Council and the public prior to the meeting.

Copies of staff reports or other written documentation relating to each item of business referred to on this agenda are available for review on the City's website at www.manhattanbeach.gov, the Police Department located at 420 15th Street, and are also on file in the Office of the City Clerk for public inspection. Any person who has any question concerning any agenda item may call the City Clerk's office at (310) 802-5056.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (310) 802-5056 (voice) or (310) 546-3501 (TDD).

Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impaired.

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Liza Tamura, City Clerk of the City of Manhattan Beach, California, state under penalty of perjury that this notice/agenda was posted on Wednesday, December 11, 2024, on the City's Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights.

BELOW ARE THE AGENDA ITEMS TO BE CONSIDERED. THE RECOMMENDED

COUNCIL ACTION IS LISTED IMMEDIATELY AFTER THE TITLE OF EACH ITEM IN BOLD CAPITAL LETTERS.

PLEASE NOTE THAT THE CITY COUNCIL MAY ACT ON ANY ITEM LISTED ON THE AGENDA.

A. CALL MEETING TO ORDER
B. PLEDGE TO THE FLAG
C. ROLL CALL
D. CEREMONIAL CALENDAR

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December 17, 2024FinalCity Council Regular Meeting Agenda E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to:
(a) notify the public of any changes to the agenda;
(b) remove items from the consent calendar for individual consideration; or (c) rearrange the order of the agenda.

MOTION TO APPROVE AGENDA AND WAIVE FULL READING
F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
City Councilmembers and community organization representatives may inform the public about upcoming events.

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December 17, 2024FinalCity Council Regular Meeting Agenda G. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Speakers may provide public comments on any matter that is within the subject matter jurisdiction of the City Council, including items on the agenda. The Mayor may determine whether an item is within the subject matter jurisdiction of the City Council. While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda.

The City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 12:00 PM, December 17, 2024 (the day of the meeting), via:
1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to [email protected]
All of your comments provided by the deadlines above will be available to the City Council and the public prior to the meeting.

IN PERSON PUBLIC PARTICIPATION
Please complete the "Request to Address the City Council" card by filling out your name, city of residence, the item(s) you would like to offer public comment, and returning it to the City Clerk.

ZOOM PUBLIC PARTICIPATION
1) Join Zoom Meeting via the internet:

Direct URL: https://citymb-info.zoom.us/j/93376200363, Meeting ID: 933 7620 0363 During the meeting you will need to use the “raise hand” button through Zoom at the time the Agenda Item is being presented for City Council consideration.
2) Join Zoom Meeting via Phone Conference (Voice Only):

Phone Number: (669) 900-6833, Meeting ID: 933 7620 0363 During the meeting you will need to enter *9 on the phone’s dial pad at to activate the "raise hand" button at the time the Agenda Item is being presented for City Council consideration.

Please note, the City is not responsible for the public’s use of Zoom as it relates to the software, configuration, and setting on a personal device. The public is encouraged to visit the Zoom website for information on use of this software. The City’s use of Zoom is consistent with the platform features and functions as described on the Zoom web

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December 17, 2024FinalCity Council Regular Meeting Agenda H. REORGANIZATION

1. 24-0447City Council Minutes:

This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of December 3, 2024 b) City Council Regular Meeting Minutes of December 3, 2024 c) City Council Special Meeting Minutes of December 9, 2024 d) City Council Adjourned Regular Meeting Minutes of December 9, 2024 (City Clerk Tamura).

APPROVE
City Council Adjourned Regular Meeting Minutes of December 3, 2024City Council Adjourned Regular Meeting Minutes of December 3, 2024 City Council Regular Meeting Minutes of December 3, 2024City Council Regular Meeting Minutes of December 3, 2024 City Council Special Meeting Minutes of December 9, 2024City Council Special Meeting Minutes of December 9, 2024 City Council Adjourned Regular Meeting Minutes of December 9, 2024City Council Adjourned Regular Meeting Minutes of December 9, 2024 Attachments:

2. 24-0422Consideration of a Resolution Citing the Facts of the November 5, 2024, General Election (City Clerk Tamura).

A) ADOPT RESOLUTION NO. 24-0138
B) DIRECT THE CITY CLERK TO CODIFY ORDINANCE NO. 24-
0009 AS ADOPTED BY THE VOTERS
Resolution No. 24-0138Resolution No. 24-0138
Ordinance No. 24-0009Ordinance No. 24-0009
Attachments:

3. 24-0420City Council Reorganization:
a) Recognition of Outgoing City Councilmember Steve Napolitano b) Recognition of Outgoing City Councilmember Richard Montgomery c) Oath of Office to Re-Elected City Councilmember Joe Franklin d) Oath of Office to Newly Elected City Councilmember Nina Tarnay e) Oath of Office to Newly Elected City Councilmember Steve Charelian f) Oath of Office to Re-Elected City Treasurer Tim Lilligren (City Clerk Tamura).

PRESENT AND ACCEPT
Certification - Election Results of November 5, 2024, General Municipal Elections
Certification - Election Results of November 5, 2024, General Municipal Elections
Attachments:

I. RECESS AND RECONVENE
J. ROLL CALL

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December 17, 2024FinalCity Council Regular Meeting Agenda K. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to:
(a) notify the public of any changes to the agenda;
(b) remove items from the consent calendar for individual consideration; or (c) rearrange the order of the agenda.

MOTION TO APPROVE AGENDA AND WAIVE FULL READING
L. RECESS CITY COUNCIL MEETING TO A MEETING OF THE MANHATTAN BEACH

CAPITAL IMPROVEMENTS CORPORATION
I. CALL MEETING TO ORDER
II. ROLL CALL
III. PUBLIC COMMENTS ON THE CAPITAL IMPROVEMENTS CORPORATION IV. GENERAL BUSINESS

4. 24-0419
Reorganization of the Manhattan Beach Capital Improvements Corporation to Fill the Seats Occupied by Steve Napolitano and Richard Montgomery (Finance Director/Chief Financial Officer Jones).

APPROVE
M. ADJOURN THE MANHATTAN BEACH CAPITAL IMPROVEMENTS CORPORATION

AND RECONVENE THE CITY COUNCIL MEETING
N. CONSENT CALENDAR (APPROVE)
Items on the Consent Calendar are routine and customary items and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

5. 24-0421
Consideration of the Approval of City Council Assignments (City Clerk Tamura).

APPROVE
City Council AssignmentsCity Council Assignments
City Council Assignments & Committee DescriptionsCity Council Assignments & Committee Descriptions Attachments:

6. 24-0417Consideration and Approval of the 2025 City Council Meeting Calendar (City Clerk Tamura).

APPROVE
2025 City Council Meeting Calendar2025 City Council Meeting CalendarAttachments:

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7. 24-0451Consideration of List of Appointments Made by the City Council to All Regular and Ongoing Boards and Commissions (Maddy Act) (City Clerk Tamura).

APPROVE
2024 Maddy Act List2024 Maddy Act ListAttachments:

8. 24-0457Consideration of a Resignation from Library Commissioner Millea, Declaration of a Vacancy for Library Commission Member-At-Large Seat No. 3 (Millea), and Direction to the City Clerk to Conduct Public Outreach for the Vacant Library Commission Seat No. 3. (City Clerk Tamura).

A) ACCEPT RESIGNATION

B) DECLARE VACANCY

C) DIRECT THE CITY CLERK TO CONDUCT PUBLIC OUTREACH
Resignation Letter - Commissioner MilleaResignation Letter - Commissioner MilleaAttachments:

9. 24-0452Financial Report:
a) Schedule of Demands: November 2024
b) Investment Portfolio Report: October 2024
c) Month End Financial Reports: October 2024 (Interim Finance Director Jones).

ACCEPT REPORT AND DEMANDS
Schedule of Demands for November 2024Schedule of Demands for November 2024 Investment Portfolio for the Month of October 2024Investment Portfolio for the Month of October 2024 Month End Report for the Month of October 2024Month End Report for the Month of October 2024 Attachments:

10. 24-0400Consideration of a Resolution Approving the Preparatory and Administrative Agreements with the California Department of Tax and Fee Administration (CDTFA) for Implementation of the City’s Local Transactions and Use Tax; Consideration of a Resolution Authorizing the Examination of Confidential Records; and Appropriation of Unbudgeted Funds from the Unreserved General Fund Balance (Interim Finance Director Jones).

A) ADOPT RESOLUTION NOS. 24-0141 AND 24-0142

B) APPROPRIATE FUNDS
Resolution No. 24-0141Resolution No. 24-0141
Resolution No. 24-0142Resolution No. 24-0142
Agreement - CDTFA (Exhibit A Preparatory)Agreement - CDTFA (Exhibit A Preparatory) Agreement - CDTFA (Exhibit B Administrative)Agreement - CDTFA (Exhibit B Administrative) Ordinance No. 24-0009 (To Be Adopted December 17, 2024)Ordinance No. 24-0009 (To Be Adopted December 17, 2024) Attachments:

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11. 24-0458Consideration of a Resolution to Approve an Agreement with M.S. Tours, Inc. DBA Main Street Tours for Charter Bus Services in an Amount up to $100,000 Per Year and Not-to-Exceed $300,000 over Three Years (Parks and Recreation Director Leyman).

ADOPT RESOLUTION NO. 24-0140
Resolution No. 24-0140Resolution No. 24-0140
Agreement - M.S. Tours, Inc. DBA Main Street ToursAgreement - M.S. Tours, Inc. DBA Main Street Tours Vendor ComparisonVendor Comparison
Attachments:

12. 24-0442Consideration of Accepting as Complete Work Performed by Oppenheimer National for the Polliwog Park Fitness Station Replacement Project (Public Works Director Lee).

A) ACCEPT

B) AUTHORIZE
Location MapLocation MapAttachments:

13. 24-0346Lot 3 Parking Structure Local Emergency Update (Public Works Director Lee).

DETERMINE THAT THERE IS A NEED TO CONTINUE THE

EMERGENCY ACTION
Resolution No. 24-0105Resolution No. 24-0105
Location MapLocation Map
Attachments:

O. ITEMS REMOVED FROM THE CONSENT CALENDAR
Each speaker may speak for up to 2 minutes on each item pulled from the agenda.

P. PUBLIC HEARINGS
At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item.

Q. GENERAL BUSINESS
Each speaker may speak for up to 2 minutes on each general business item.

14. 24-0437Consideration 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
Resolution No. 24-0139Resolution No. 24-0139
Employment Agreement - Michael LangEmployment Agreement - Michael Lang Attachments:

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December 17, 2024FinalCity Council Regular Meeting Agenda R. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS In addition to providing reports of meetings and conferences attended by Councilmembers in connection with their official duties at City expense as required by AB 1234, Councilmembers requested at a previous City Council meeting that the following item(s) be placed on the agenda for discussion.

S. FUTURE AGENDA ITEMS
Councilmembers may request that items be placed on a future agenda with the concurrence of one other Councilmember.

T. CITY MANAGER REPORT
U. CITY ATTORNEY REPORT
V. INFORMATIONAL ITEMS
This section is for items that do not require City Council action.

15. 24-0449
Agenda Forecast (City Clerk Tamura).

INFORMATION ITEM ONLY

16. 24-0450Commission 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
Parks and Recreation Commission Meeting Minutes of October 17, 2024Parks and Recreation Commission Meeting Minutes of October 17, 2024 Parks and Recreation Commission Meeting Minutes of October 28, 2024Parks and Recreation Commission Meeting Minutes of October 28, 2024 Attachments:

17. 24-0466Recent Planning Commission Quasi-Judicial Decisions Regarding 1305 Highland Avenue (Uncle Bill’s Pancake House) (Acting Community Development Director Heise).

INFORMATION ITEM ONLY
W. CLOSED SESSION

X ADJOURNMENT
Y. FUTURE MEETINGS

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CITY COUNCIL MEETINGS
January 7, 2025 - Tuesday -- 6:00 PM - City Council Meeting (Canceled) January 21, 2025 - Tuesday -- 6:00 PM - City Council Meeting February 4, 2025 - Tuesday -- 6:00 PM - City Council Meeting February 11, 2025 - Tuesday -- 6:00 PM - Work Plan Meeting February 18, 2025 - Tuesday -- 6:00 PM - City Council Meeting March 4, 2025 - Tuesday -- 6:00 PM - City Council Meeting March 18, 2025 - Tuesday -- 6:00 PM - City Council Meeting April 1, 2025 - Tuesday -- 6:00 PM - City Council Meeting April 15, 2025 - Tuesday -- 6:00 PM - City Council Meeting May 6, 2025 - Tuesday -- 6:00 PM - City Council Meeting May 13, 2025 - Tuesday -- 6:00 PM - Budget Study Session May 20, 2025 - Tuesday -- 6:00 PM - City Council Meeting May 27, 2025 - Tuesday -- 6:00 PM - Budget Study Session June 3, 2025 - Tuesday -- 6:00 PM - City Council Meeting June 17, 2025 - Tuesday -- 6:00 PM - City Council Meeting July 1, 2025 - Tuesday -- 6:00 PM - City Council Meeting July 15, 2025 - Tuesday -- 6:00 PM - City Council Meeting August 5, 2025 - Tuesday -- 6:00 PM - City Council Meeting (City Council Reorganization) August 19, 2025 - Tuesday -- 6:00 PM - City Council Meeting September 2, 2025 - Tuesday -- 6:00 PM - City Council Meeting September 16, 2025 - Tuesday -- 6:00 PM - City Council Meeting October 7, 2025 - Tuesday -- 6:00 PM - City Council Meeting October 21, 2025 - Tuesday -- 6:00 PM - City Council Meeting November 4, 2025 - Tuesday -- 6:00 PM - City Council Meeting November 18, 2025 - Tuesday -- 6:00 PM - City Council Meeting December 2, 2025 - Tuesday -- 6:00 PM - City Council Meeting December 16, 2025 - Tuesday -- 6:00 PM - City Council Meeting

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BOARDS, COMMISSIONS AND COMMITTEE MEETINGS
January 8, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting January 14, 2025 - Monday - 4:00 PM - Library Commission Meeting January 20, 2025 - Monday - 4:00 PM - Cultural Arts Commission Meeting January 22, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting January 23, 2025 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting January 27, 2025 - Monday - 4:00 PM - Parks and Recreation Commission Meeting February 10, 2025 - Monday - 4:00 PM - Library Commission Meeting February 12, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting February 17, 2025 - Monday - 4:00 PM - Cultural Arts Commission Meeting February 20, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting February 24, 2025 - Monday - 4:00 PM - Parks and Recreation Commission Meeting February 28, 2025 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting March 10, 2025 - Monday - 4:00 PM - Library Commission Meeting March 12, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting March 17, 2025 - Monday - 4:00 PM - Cultural Arts Commission Meeting March 24, 2025 - Monday - 4:00 PM - Parks and Recreation Commission Meeting March 26, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting March 27, 2025 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting April 9, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting April 14, 2025 - Monday - 4:00 PM - Library Commission Meeting April 21, 2025 - Monday - 4:00 PM - Cultural Arts Commission Meeting April 23, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting April 24, 2025 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting April 28, 2025 - Monday - 4:00 PM - Parks and Recreation Commission Meeting May 12, 2025 - Monday - 4:00 PM - Library Commission Meeting May 14, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting May 19, 2025 - Monday - 4:00 PM - Cultural Arts Commission Meeting May 22, 2025 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting May 26, 2025 - Monday - 4:00 PM - Parks and Recreation Commission Meeting May 28, 2025 - Wednesday - 3:00 PM - Planning Commission Meeting Z. CITY OFFICES CLOSED
CITY HOLIDAYS:

December 24, 2024 - Tuesday - Christmas Eve (City Hall Closes at 12:00 PM) December 25, 2024 - Wednesday - Christmas Day Observed
December 31, 2024 - Tuesday - New Year's Eve (City Hall Closes at 12:00 PM) January 1, 2025 – Wednesday – New Years Day Observed
January 20, 2025 – Monday – Martin Luther King Day
February 17, 2025 - Monday - Presidents Day
May 26, 2025 – Monday – Memorial Day
July 4, 2024 - Thursday - Independence Day
September 1, 2025 - Monday - Labor Day
October 13, 2025 – Monday – Columbus Day
November 11, 2025 – Tuesday – Veterans Day
November 27-28, 2024 - Thursday & Friday - Thanksgiving Holiday

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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
Breana Contreras, Deputy City Clerk
Jamie Morita, Office Assistant
SUBJECT:

City Council Minutes:

APPROVE
_____________________________________________________________________ RECOMMENDATION:

The attached minutes are for City Council approval:

Attachment(s):

1. City Council Adjourned Regular Meeting Minutes of December 3, 2024

2. City Council Regular Meeting Minutes of December 3, 2024

3. City Council Special Meeting Minutes of December 9, 2024

4. City Council Adjourned Regular Meeting Minutes of December 9, 2024

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Tuesday, December 3, 2024
4:30 PM
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
City Council Chambers and Zoom
City Council Adjourned Regular Meeting

ELECTED OFFICIALS
Mayor Amy Thomas Howorth
Mayor Pro Tem David Lesser
Councilmember Steve Napolitano
Councilmember Richard Montgomery
Councilmember Joe Franklin
Meeting Minutes - Draft
City Council Meeting
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December 3, 2024City Council Adjourned Regular
Meeting
Meeting Minutes - Draft

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 Howorth called the meeting to order.

PLEDGE TO THE FLAGB.

Mayor Howorth led the Pledge of Allegiance.

ROLL CALLC.

Roll Call by City Clerk Liza Tamura.

Present: 5 - Mayor Howorth, Mayor Pro Tem Lesser , Councilmember Napolitano, APPROVAL OF THE AGENDAD.

A motion was made by Councilmember Franklin, seconded by Mayor Pro Tem Lesser, to approve the agenda. The motion carried by the following vote:

Aye: Howorth, Lesser, Napolitano, Montgomery and Franklin5 - Nay: 0

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Councilmember Montgomery and Councilmember Franklin
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Meeting Minutes - Draft
PUBLIC COMMENTS (3 MINUTES PER PERSON)E.

Mayor Howorth opened the floor to public comments.

Seeing no requests to speak, Mayor Howorth closed the floor to public comments.

CLOSED SESSIONF.

City Attorney Quinn Barrow announced the following Closed Session:

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN

CLOSED SESSION
I.

CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION)
(Government Code Section 54956.9(d)(1))
Name of Case: David Shenbaum and Timothy O'Brien v
City Of Manhattan Beach
United States District Court Central District Of
California, Western Division
Case No: 2:22-cv-8062-SB (PDx)
a.

CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Negotiator:

Peter Brown, Chief Negotiator
Employee Group(s):

Manhattan Beach Police Officers Association
Manhattan Beach Police Management Association
Manhattan Beach Firefighters' Association
Manhattan Beach Mid-Management Employee Association
California Teamsters Local 911
Manhattan Beach Part-Time Employees Association
Unrepresented (Executive, Management & Confidential)
b.

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December 3, 2024City Council Adjourned Regular
Meeting
Meeting Minutes - Draft
RECESS INTO CLOSED SESSIONII.

At 4:33 PM, the City Council recessed into Closed Session.

RECONVENE INTO OPEN SESSIONIII.

At 5:15 PM, the City Council reconvened into Open Session with all City Councilmembers present.

CLOSED SESSION ANNOUNCEMENT IN OPEN SESSIONIV.

City Attorney Quinn Barrow announced that pursuant to the Brown Act, the City Council went into Closed Session to discuss the items identified on the agenda. There was no reportable action taken.

ADJOURNMENTG.

At 5:15 PM, Mayor Howorth adjourned the meeting.
_____________________________
Jamie Morita
Recording Secretary
_____________________________
Amy Thomas Howorth
Mayor
ATTEST:
_____________________________
Liza Tamura

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City Clerk
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Tuesday, December 3, 2024
6:00 PM
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
City Council Chambers and Zoom
City Council Regular Meeting

ELECTED OFFICIALS
Mayor Amy Thomas Howorth
Mayor Pro Tem David Lesser
Councilmember Steve Napolitano
Councilmember Richard Montgomery
Councilmember Joe Franklin
Meeting Minutes - Draft
Regular Meeting
City Council Meeting
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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft

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 Howorth called the meeting to order.

PLEDGE TO THE FLAGB.

Bella Shaby of Robinson Elementary School led the Pledge of Allegiance.

ROLL CALLC.

Roll Call led by City Clerk Liza Tamura.

Mayor Howorth, Mayor Pro Tem Lesser, Councilmember Napolitano, Councilmember Montgomery and Councilmember Franklin

Present: 5 -
CEREMONIAL CALENDARD.

None.

APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCESE.

A motion was made by Councilmember Montgomery, seconded by Mayor Pro Tem Lesser, to approve the agenda as amended, to pull Agenda Item No. 8 from the Consent Calendar for individual consideration, and waive full reading of ordinances. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano , Montgomery, and Franklin Nay: 0

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft

CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON)
F.

Library Manager Josh Murray invited the community to a Puppet Show by Hey Hey Entertainment, featuring “Who Framed the Big Bad Wolf?” on December 14, 2024, from 11:00 AM to 12:00 PM.

Waste Management Recycling Education Representative Bobby Bell reminded commercial businesses about the “Green Business” program, which offers numerous benefits, including helping to keep Manhattan Beach green.

Public Works Director Erick Lee provided updates on Parking Lot 3: the demolition project has reached a significant milestone, and the lot has officially been cleared, ahead of schedule; the team is now developing an RFP to design a temporary flat lot that will address parking needs for the next one to two years, prior to the construction of the permanent structure.

Traffic Engineer Erik Zandvliet announced that the City will offer a free shuttle service for the “Sketchers Manhattan Beach Holiday Fireworks” event on December 8, 2024. The shuttle will operate from the Northrop Grumman parking lot at Aviation Boulevard and Space Park Drive, from 2:00 PM to 10:00 PM.

Councilmember Montgomery reminded the community about the Annual Beach Cities Toy Drive and encouraged everyone to donate unwrapped toys for all ages at any designated drop-off box in City facilities. The toys will be wrapped at the Hermosa Beach Community Center on December 21, 2024, at 11:00 AM.

Councilmember Franklin announced that he attended the swearing-in ceremony for Nathan Hochman, the new Los Angeles County District Attorney.

PUBLIC COMMENTS (3 MINUTES PER PERSON)G.

Mayor Howorth opened the floor to public comments. The following individual(s) spoke:

Ray Joseph
Stefan Kampe
Seeing no further requests to speak, Mayor Howorth closed the floor to public comments.

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft CONSENT CALENDAR (APPROVE)H.

A member from the community requested that the City Council pull Item No. 7 from the Consent Calendar for staff to provide additional information regarding the cost.

A motion was made by Mayor Pro Tem Lesser, seconded by Councilmember Montgomery, to approve the Consent Calendar with Agenda Item No. 8 being removed to be heard under Section I - Items Removed From the Consent Calendar. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano, Montgomery, and Franklin Nay: 0

1. 24-0405City Council Minutes:

This Item Contains Minutes of the Following City Council Meeting(s):
a) City Council Adjourned Regular Meeting Minutes of November 19, 2024
b) City Council Regular Meeting Minutes of November 19, 2024 (City Clerk Tamura).

APPROVE
The recommendation for this item was approved on the Consent Calendar.

2. 24-0371
Consideration of a Resolution to Approve an Agreement with the Downtown Manhattan Beach Business and Professional Association (DMBBPA) for the Management of a Certified Farmers Market and Utilization of City Property and Right-of-Way (Interim Finance Director Jones).

ADOPT RESOLUTION NO. 24-0133
The recommendation for this item was approved on the Consent Calendar.

3. 24-0379
Consideration of a Resolution Approving an Agreement with US Bank for Banking Services (Interim Finance Director Jones).

ADOPT RESOLUTION NO. 24-0134
The recommendation for this item was approved on the Consent Calendar.

4. 24-0401
Consideration of a Resolution Accepting 2023 State Homeland Security Program Grant Funds in the Amount of $80,000 for the Purchase of Law Enforcement Equipment (Police Chief Johnson).

A) ADOPT RESOLUTION NO. 24-0131

B) APPROPRIATE FUNDS
The recommendation for this item was approved on the Consent Calendar.

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft

5. 24-0432Consideration of Resolution Approving the Funding Agreement Between the California State Water Resources Control Board and the City for Directed Assistance Grant Funds for the El Porto Water Infrastructure Project in the Amount of $3,500,000 (Public Works Director Lee).

ADOPT RESOLUTION NO. 24-0135
The recommendation for this item was approved on the Consent Calendar.

6. 24-0334
Consideration of the 2024 Pavement Management Program Update Final Report (Public Works Director Lee).

RECEIVE AND FILE
The recommendation for this item was approved on the Consent Calendar.

7. 24-0413
Consideration of a Resolution Approving Amendment No.1 to the Professional Services Agreement with Faith Group, LLC for Additional Inspection Services in the Amount of $119,760 for the Citywide Security Cameras Project - Phases 1 and 2 (Public Works Director Lee).

ADOPT RESOLUTION NO. 24-0136
The recommendation for this item was approved on the Consent Calendar.

8. 24-0345
Lot 3 Parking Structure Local Emergency Update (Public Works Director Lee).

DETERMINE THAT THERE IS A NEED TO CONTINUE THE

EMERGENCY ACTION
This item was removed from the Consent Calendar and heard under Section I - Items Removed from the Consent Calendar.

Public Works Director Erick Lee responded to Item No. 8 pertaining to the amendment for additional costs.

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft ITEMS REMOVED FROM THE CONSENT CALENDARI.

8. 24-0345Lot 3 Parking Structure Local Emergency Update (Public Works Director Lee).

DETERMINE THAT THERE IS A NEED TO CONTINUE THE

EMERGENCY ACTION
Councilmember Napolitano provided that he pulled the item to receive an update regarding Parking Structure Lot 3.

City Manager Talyn Mirzakhanian responded to City Council questions.

Mayor Howorth opened the floor to public comments.

Seeing no requests to speak, Mayor Howorth closed the floor to public comments.

A motion was made by Councilmember Franklin, seconded by Councilmember Montgomery, to determine the need to continue the emergency action related to Parking Structure Lot 3. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano, Montgomery, and Franklin Nay: 0
PUBLIC HEARINGSJ.

None.

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft GENERAL BUSINESSK.

9. 24-0398Discussion of the City Identity Monument Design in the Signage and Wayfinding Master Plan (Public Works Director Lee).
(Estimated Time: 30 Mins.)

DISCUSS AND PROVIDE DIRECTION
Public Works Director Lee introduced City Engineer Katie Doherty who provided the PowerPoint presentation and responded to City Council questions.

Mayor Howorth opened the floor to public comments.

Seeing no requests to speak, Mayor Howorth closed the floor to public comments.

City Engineer Doherty responded to City Council questions.

A motion was made by Councilmember Napolitano, seconded by Councilmember Montgomery, to approve Signage 1B, featuring the vertical base with the “Manhattan Beach” text and an enlarged logo that would cover half of the cement, with the remaining area appearing above without looking crowded. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano, Montgomery, and Franklin Nay: 0
The City Council directed staff to investigate the proposed identity monument locations to assess the feasibility of installation and to return with final proposed locations for Council's consideration.

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10. 24-0396Consideration of RLA Conservation Art Assessment Recommendations from the Cultural Arts Commission, Allocation of Public Arts Funds, and Direction to the Cultural Arts Commission to Develop a Formal Deaccession Policy (Parks and Recreation Director Leyman). (Estimated Time: 30 Mins.)
A)

APPROVE

B) ALLOCATE PUBLIC ART FUNDS

C) PROVIDE DIRECTION TO THE CULTURAL ARTS

COMMISSION
Parks and Recreation Director Mark Leyman introduced Cultural Arts Supervisor Eric Brinkman who provided the PowerPoint presentation.

Cultural Arts Supervisor Brinkman introduced RLA Director of Operations Nelson Hallonquist who continued with the PowerPoint presentation.

Cultural Arts Supervisor Brinkman, RLA Director of Operations Hallonquist and City Manager Talyn Mirzakhanian responded to City Council questions.

Mayor Howorth opened the floor to public comments. The following individual(s) spoke:

Stefan Kampe
Seeing no further requests to speak, Mayor Howorth closed the floor to public comments.

A motion was made by Mayor Howorth, seconded by Councilmember Napolitano, to direct staff to consider the following Priority 1 art pieces and allocate public art funds for the conservation of Beyond this Point Lies the Rest of the World, 9-11-01 Memorial, Martin Ganz Memorial, Catalina Classic Memorial Statue, Metlox Kiln and Light Gate. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano, Montgomery, and Franklin Nay: 0
The City Council directed staff to return with information regarding the removal of The Strand benches and practical options to replace them.

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft A motion was made by Councilmember Napolitano, seconded by Mayor Howorth, to direct staff to proceed with the deaccession of Mankind’s Struggle for Eternal Peace. The motion carried by the following vote:

Aye: 4 - Howorth, Napolitano , Montgomery and Franklin
Nay: 1 - Lesser
A motion was made by Councilmember Napolitano, seconded by Mayor Howorth, to direct staff to proceed with the deaccession of the tile mural on the pier retaining wall within the next year. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano, Montgomery and Franklin Nay: 0
A motion was made by Mayor Howorth, seconded by Councilmember Napolitano, to direct staff to return with a maintenance and budget plan for the pieces that were allocated funding, and to present a revised RLA report in one year that excludes the benches and utility boxes. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano, Montgomery and Franklin Nay: 0
At 7:47 PM, the City Council recessed and reconvened at 8:02 PM with all City Councilmembers present.

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11. 24-0416Consideration of a Resolution Approving Amendment No. 2 to the Franchise Agreement with USA Waste of California, Inc., DBA Waste Management for Integrated Solid Waste Management Services (Public Works Director Lee).
(Estimated Time: 15 Mins.)
ADOPT RESOLUTION NO. 24-0137
Public Works Director Erick Lee provided the staff presentation and responded to City Council questions.

Mayor Howorth opened the floor to public comments.

Seeing no requests to speak, Mayor Howorth closed the floor to public comments.

A motion was made by Councilmember Montgomery, seconded by Councilmember Napolitano, to adopt Resolution No. 24-0137, a resolution of the Manhattan Beach City Council approving Amendment No. 2 to the solid waste franchise agreement between the City of Manhattan Beach and Waste Management. The motion carried by the following vote:

Aye: 4 - Howorth, Napolitano , Montgomery and Franklin
Nay: 1 - Lesser

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12. 24-0455Discussion of the Parking and Public Improvements Commission Seat No. 2 (Business Community) Vacancy and Consideration of a Resolution Modifying Seat No. 2 (City Clerk Tamura).
(Estimated: 15 Mins.)
A)

DISCUSS AND PROVIDE DIRECTION
B) CONSIDER ADOPTING RESOLUTION NO. 24-0132
City Clerk Liza Tamura introduced Deputy City Clerk Breana Contreras who provided the staff presentation.

Deputy City Clerk Contreras and City Clerk Tamura responded to City Council questions.

Mayor Howorth opened the floor to public comments.

Seeing no requests to speak, Mayor Howorth closed the floor to public comments.

A motion was made by Mayor Pro Tem Lesser, seconded by Mayor Howorth, to approve Option 1 as outlined in the staff report, adopting Resolution No. 24-0132 to change the membership designation of Seat No. 2 from “Business Community” to “Member At-Large,” and directing staff to defer the appointment of a new commissioner until the January 21, 2025, City Council meeting. Staff was also directed to conduct public outreach and seek new applicants for City Council’s consideration. The City Council clarified that individuals who have already confirmed their interest do not need to reapply.

The motion carried by the following vote:

Aye: 3 - Howorth, Lesser and Franklin
Nay: 2 - Napolitano and Montgomery

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13. 24-0438Consideration of a Resignation from Cultural Arts Commissioner Dohner, Declaration of a Vacancy for Cultural Arts Commission Member-At-Large Seat No. 5 (Dohner), and Direction to the City Clerk to Either Return with a List of Interested Applicants, Conduct Public Outreach, or Defer Appointment Until the Annual Boards and Commissions Interview and Appointment Process (City Clerk Tamura).
(Estimated Time: 15 Mins.)

A) ACCEPT RESIGNATION

B) DECLARE VACANCY

C) DISCUSS AND PROVIDE DIRECTION
City Clerk Liza Tamura introduced Deputy City Clerk Breana Contreras who provided the staff presentation.

City Clerk Tamura responded to City Council questions.

Mayor Howorth opened the floor to public comments. The following individual(s) spoke:

Heather Kim
Seeing no further requests to speak, Mayor Howorth closed the floor to public comments.

A motion was made by Mayor Pro Tem Lesser, seconded by Mayor Howorth, to accept the resignation, declare the vacancy for Cultural Arts Seat No. 5, and direct staff to conduct public outreach and seek new applicants for City Council’s consideration, and deferred appointment until the January 21, 2025, City Council meeting. The City Council also clarified that individuals who have already confirmed their interest do not need to reapply. The motion carried by the following vote:

Aye: 3 - Howorth, Lesser and Franklin
Nay: 2 - Napolitano and Montgomery
CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTSL.

None.

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft FUTURE AGENDA ITEMSM.

Councilmember Napolitano requested to agendize a discussion regarding eliminating unnecessary street signage throughout the City. Mayor Howorth concurred.

Councilmember Napolitano requested to agendize a discussion on exploring additional options to maximize parking for bicycles, motorcycles, and scooters.

City Manager Talyn Mirzakhanian responded to City Council questions.

Councilmember Napolitano withdrew his request.

Councilmember Montgomery requested to agendize a discussion regarding red zone lanes on Sepulveda Boulevard between Rosecrans Avenue and Artesia Boulevard. Councilmember Napolitano concurred.

Councilmember Franklin requested to agendize a discussion on dedicated parking for bicycles, motorcycles, and scooters. Councilmember Napolitano concurred.

CITY MANAGER REPORTN.

None.

CITY ATTORNEY REPORTO.

None.

INFORMATIONAL ITEMSP.

14. 24-0406Agenda Forecast (City Clerk Tamura).

INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.

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15. 24-0418Commission Minutes:

This Item Contains Minutes of the following City Commission Meetings:
a)
Library Commission Meeting of October 14, 2024
(Parks and Recreation Director Leyman)
b) Library Commission Meeting of October 16, 2024
(Parks and Recreation Director Leyman)
c) Library Commission Meeting of November 11, 2024
(Parks and Recreation Director Leyman)
d) Cultural Arts Commission Meeting of September 16, 2024 (Parks and Recreation Director Leyman)
e) Cultural Arts Commission Meeting of October 21, 2024 (Parks and Recreation Director Leyman)

INFORMATION ITEM ONLY
This item was received and filed by order of the Chair.

CLOSED SESSIONQ.

None.

ADJOURNMENTR.

The City Council adjourned the meeting in memory of Retired Manhattan Beach Police Officer Don "The Baffler" Lastra.

At 9:00 PM, Mayor Howorth adjourned the meeting to the December 9, 2024, Adjourned Regular City Council Meeting at 3:00 PM.

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December 3, 2024City Council Regular Meeting Meeting Minutes - Draft _____________________________
Breana Contreras
Recording Secretary
_____________________________
Amy Thomas Howorth
Mayor
ATTEST:
_____________________________
Liza Tamura
City Clerk

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City Council Meeting
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Monday, December 9, 2024
2:30 PM
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
City Council Chambers and Zoom
City Council Special Meeting

ELECTED OFFICIALS
Mayor Amy Thomas Howorth
Mayor Pro Tem David Lesser
Councilmember Steve Napolitano
Councilmember Richard Montgomery
Councilmember Joe Franklin
Meeting Minutes - Draft

CALL AND NOTICE OF A SPECIAL MEETING
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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

Mayor Howorth called the meeting to order.

PLEDGE TO THE FLAGB.

Mayor Howorth led the Pledge of Allegiance.

ROLL CALLC.

Roll Call by City Clerk Liza Tamura.

Mayor Howorth, Mayor Pro Tem Lesser, Councilmember Napolitano, Councilmember Montgomery and Councilmember Franklin
Present 5 -
APPROVAL OF THE AGENDAD.

A motion was made by Councilmember Montgomery, seconded by Councilmember Franklin, to approve the agenda. The motion carried by the following vote:

Aye: Howorth, Lesser, Napolitano, Montgomery and Franklin5 - Nay: 0

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December 9, 2024City Council Special Meeting Meeting Minutes - Draft PUBLIC COMMENTS (3 MINUTES PER PERSON PER ITEM)E.

Mayor Howorth opened the floor to public comments.

Seeing no requests to speak, Mayor Howorth closed the floor to public comments.

CLOSED SESSIONF.

City Attorney Quinn Barrow announced the following Closed Session:

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN

CLOSED SESSION
I.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property(ies):
400 Manhattan Beach Blvd
(AINs: 4179-007-016, 4179-007-004, and 4179-007-005)
Agency Negotiator:

Talyn Mirzakhanian, City Manager
Negotiating Parties:

SOUTHERN CALIF FIRST TRUST NATL
RECESS INTO CLOSED SESSIONII.

At 2:32 PM, the City Council recessed into Closed Session.

RECONVENE INTO OPEN SESSIONIII.

At 3:03 PM, the City Council reconvened into Open Session with all City Councilmembers present.

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December 9, 2024City Council Special Meeting Meeting Minutes - Draft CLOSED SESSION ANNOUNCEMENT IN OPEN SESSIONIV.

City Attorney Barrow announced that the City Council went into Closed Session and had a special meeting with respect to giving direction to Real Property Negotiators with respect to the property identified on the agenda. The City Council gave direction to the City Attorney.

G. ADJOURNMENT
At 3:04 PM, Mayor Howorth adjourned the meeting.
_____________________________
Jamie Morita
Recording Secretary
_____________________________
Amy Thomas Howorth
Mayor
ATTEST:
_____________________________
Liza Tamura
City Clerk

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Monday, December 9, 2024
3:00 PM
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
City Council Chambers and Zoom
City Council Adjourned Regular Meeting

ELECTED OFFICIALS
Mayor Amy Thomas Howorth
Mayor Pro Tem David Lesser
Councilmember Steve Napolitano
Councilmember Richard Montgomery
Councilmember Joe Franklin
Meeting Minutes - Draft
Parking Lot 3 Redevelopment Options
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December 9, 2024City Council Adjourned Regular
Meeting
Meeting Minutes - Draft

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

Mayor Howorth called the meeting to order.

PLEDGE TO THE FLAGB.

Councilmember Napolitano led the Pledge of Allegiance.

C. ROLL CALL
Roll Call led by City Clerk Liza Tamura.

Present: 5 - Mayor Howorth, Mayor Pro Tem Lesser, Councilmember Napolitano, Councilmember Montgomery and Councilmember Franklin
APPROVAL OF THE AGENDAD.

A motion was made by Councilmember Montgomery, seconded by Mayor Pro Tem Lesser, to approve the agenda. The motion carried by the following vote:

Aye: 5 - Howorth, Lesser, Napolitano, Montgomery, and Franklin Nay: 0
PUBLIC COMMENTS (3 MINUTES PER PERSON)E.

Mayor Howorth opened the floor to public comments. The following individual(s) spoke:

Lee Phillips
Seeing no further requests to speak, Mayor Howorth closed the floor to public comments.

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Meeting Minutes - Draft

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1. Consideration of Redevelopment Options for Parking Lot 3 (Acting Community Development Director Heise).
(Estimated Time: 1 Hr.)
24-0430

DISCUSS AND PROVIDE DIRECTION
Acting Community Development Director Ryan Heise introduced Senior Management Analyst Nhung Huynh who provided the staff presentation.

Senior Management Analyst Huynh introduced Kosmont & Associates CEO Larry Kosmont and Senior Vice President Wil Soholt who provided the PowerPoint presentation.

Kosmont & Associates Senior Vice President Soholt, Traffic Engineer Erik Zandvliet, Kosmont & Associates CEO Kosmont, and City Manager Talyn Mirzakhanian responded to City Council questions.

Mayor Howorth opened the floor to public comments. The following individual(s) spoke:

Jill Lamkin
Seeing no further requests to speak, Mayor Howorth closed the floor to public comments.

Acting Community Development Director Heise and Kosmont & Associates Senior Vice President Soholt responded to City Council questions.

A motion was made by Mayor Pro Tem Lesser, seconded by
Councilmember Franklin, to direct staff to conduct further research and report back to the City Council. The research will focus on refining the cost data for subterranean and above-ground options, exploring the potential use of the City’s subterranean rights of way, particularly at 12th Street and Morningside, and evaluating available financing through Measure MMB. Additionally, the research will look into other potential parking solutions in downtown, available options, and the full impact of the Surplus Land Act.

Kosmont & Associates Senior Vice President Soholt responded to City Council questions.

Mayor Pro Tem Lesser withdrew the motion.

The City Council directed staff to explore alternative parking solutions in Downtown Manhattan Beach.

F. GENERAL BUSINESS
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December 9, 2024City Council Adjourned Regular
Meeting
Meeting Minutes - Draft

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G. ADJOURNMENT
At 5:18 PM, Mayor Howorth adjourned the meeting to the December 17, 2024, Adjourned Regular City Council Meeting at 5:00 PM. _____________________________
Breana Contreras
Recording Secretary
_____________________________
Amy Thomas Howorth
Mayor
ATTEST:
_____________________________
Liza Tamura
City Clerk
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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:

Consideration of a Resolution Citing the Facts of the November 5, 2024, General Election (City Clerk Tamura).

A) ADOPT RESOLUTION NO. 24-0138
B) DIRECT THE CITY CLERK TO CODIFY ORDINANCE NO. 24-0009 AS ADOPTED BY

THE VOTERS
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 24-0138, which recites the facts of the General Election held in Manhattan Beach on November 5, 2024, declaring the result and other such matters as provided by law.

At the June 18, 2024, City Council meeting, the City Council adopted Resolution No. 24-0058 calling for the holding of a General Municipal Election on Tuesday, November 5, 2024, for the election of three City Councilmembers and one City Treasurer. At that same meeting the City Council adopted Resolution No. 24-0060 requesting the Board of Supervisors of the County of Los Angeles to render services to the City relating to conducting the General Municipal Election and consolidating with the Statewide General Election.

At the August 6, 2024, City Council meeting, the City Council adopted Resolution No. 24-0089 ordering to place a measure on the Tuesday, November 5, 2024, General Municipal Election ballot to consider a local one-half cent (0.5%) transactions ad use tax to be administered by the California Department of Tax and Fee Administration.

The County administered the election and canvassed the results of the City’s November 5, 2024, General Municipal Election for three City Council seats and one City Treasurer seat and

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File Number: 24-0422
the aforementioned measure (Measure MMB).

Pursuant to Elections Code § 10263 or 10264, upon completion of the canvass and before installing the new City Councilmembers, the governing body shall adopt a resolution reciting the facts of the election and a statement of the vote. A statement of the vote includes the following:
a) The whole number of votes cast in the city;
b) The names of the persons voted for;
c) The measures voted upon;
d) For what office each person was voted for;
e) The number of votes given at each precinct to each person and for and against each measure; and
f) The number of votes given in the city to each person and for and against each measure.

DISCUSSION:

On December 3, 2024, the Los Angeles County Registrar-Recorder/County Clerk (LACRRCC) conducted a canvass of the November 5, 2024, General Municipal Election. Attached for City Council approval is a true and correct Canvass Certificate provided by the LACRRCC.

Staff recommends that the City Council adopt Resolution No. 24-0138 which recites the facts of the General Municipal Election held in Manhattan Beach on November 5, 2024, declaring the results and such other matters as are provided by law.

PUBLIC OUTREACH:

A link to the LACRRCC’s website, which provided election results, was posted on the City Clerk’s page on the City website. Staff has provided a summary of the elections results on the City’s election webpage (attached). There were ongoing news items and e-notifications sent out to the public regarding the election results.

ENVIRONMENTAL REVIEW:

The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under § 15378 of the State CEQA Guidelines; therefore, pursuant to § 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no 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. 24-0138

2. Ordinance No. 24-0009

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RESOLUTION NO. 24-0138

A RESOLUTION OF THE MANHATTAN BEACH CITY

COUNCIL, RECITING THE FACT OF THE GENERAL

MUNICIPAL ELECTION HELD ON TUESDAY,
NOVEMBER 5, 2024, DECLARING THE RESULT

AND STATEMENT OF THE VOTE
WHEREAS, a General Municipal Election was held and conducted in the City of Manhattan Beach, California, on Tuesday, November 5, 2024, as required by law; WHEREAS, a notice of the election was given in time, form, and manner as provided by law; voting precincts were properly established, election officers were appointed as required by the provisions of the Election Code of the State of California for the holding of elections in general law cities;
WHEREAS, in all respects, the election was held and conducted, the votes were cast, received, and canvassed, and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities;
WHEREAS, The Los Angeles County Registrar -Recorder/County Clerk canvassed the returns of the election and has certified the results to this City Council.

The results are received, attached, and made part hereof as Exhibit A.

THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS
FOLLOWS:

SECTION 1. The whole number of ballots cast in the precincts except Vote -By- Mail ballots were 4,469. The whole number of Vote -By-Mail ballots cast in the City was 17,501. The total number of ballots cast in the City was 21,970.

SECTION 2. The names of persons voted for at the election for Member of the City Council are as follows:

Joe Franklin
Nina Tarnay
Joe Marcy
Steve Charelian
Karen Komatinsky
Breanda O’Leary
The name of the person voted for at the election for Member of the City Treasurer are as follows:

Tim Lilligren

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SECTION 3. The question presented on the ballot was as follows:

Measure MMB: Manhattan Beach Transactions and Use Tax:

To provide funding for general city services in Manhattan Beach, including keeping local streets, sidewalks, infrastructure, and parks safe, clean, and well -maintained; repairing/upgrading aging community facilities; fixing potholes; and improving parking availability and traffic safety, shall City of Manhattan Beach's ordinance establishing a

0.5¢ sales tax be adopted, providing $5,000,000 annually until ended by voters for general government use that can't be taken by the State, with citizen oversight, independent audits, and all money locally controlled, be adopted? SECTION 4. The number of votes given at each precinct and the number of votes given in the City to each of the persons listed in Section 2 named for the respective offices for which the persons were candidates are as listed in Exhibit A attached.

SECTION 5 . The number of votes cast at the election, according to the Canvass, were more than fifty-seven percent in favor of the question presented.

The measure only required approval of fifty percent plus one of voters casting a ballot. As a result, the qualified electors approved Measure MMB and the transactions and use tax, as described in Section 3.

SECTION 6. The City Council does declare and determine Joe Franklin, Nina Tarnay, and Steve Charelian were elected as Members of the City Council for the term of four years and Tim Lilligren was elected as Member of the City Treasurer for the term of four years.

SECTION 7. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person and for and against the measure; and (6) The number of votes given in the City to each person and for and against each measure.

SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED on December 17, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________

AMY THOMAS HOWORTH
Mayor
ATTEST:

_________________________________

LIZA TAMURA
City Clerk
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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 60.1 -Page- 139 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION Member of the City Council FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JOE FRANKLIN

NINA TARNAY

JOE MARCY

STEVE CHARELIAN

KAREN KOMATINSKY

BRENDA O'LEARY

MANHATTAN BEACH - 4100017A 1,056 609 396 190 409 238 183 VOTE BY MAIL SERIAL 0512 3,918 2,126 1,851 749 1,453 1,250 831 TOTAL 5,993 4,974 2,735 2,247 939 1,862 1,488 1,014
MANHATTAN BEACH - 4100019A 777 440 270 166 302 215 137
VOTE BY MAIL SERIAL 0513 3,146 1,669 1,375 638 1,055 1,126 621 TOTAL 4,796 3,923 2,109 1,645 804 1,357 1,341 758
MANHATTAN BEACH - 4100026A 753 417 282 184 312 221 144
VOTE BY MAIL SERIAL 0514 3,352 1,812 1,531 620 1,188 1,193 634 TOTAL 4,830 4,105 2,229 1,813 804 1,500 1,414 778
MANHATTAN BEACH - 4100040A 868 448 316 171 314 248 139
VOTE BY MAIL SERIAL 0515 3,382 1,607 1,550 631 999 1,278 666 TOTAL 5,185 4,250 2,055 1,866 802 1,313 1,526 805
MANHATTAN BEACH - 4100061A 1,015 576 445 202 402 236 151 VOTE BY MAIL SERIAL 0516 3,703 1,895 1,945 745 1,224 1,036 665 TOTAL 5,826 4,718 2,471 2,390 947 1,626 1,272 816

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 60.2 -Page- 140 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION Member of the City Council FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JOE FRANKLIN

NINA TARNAY

JOE MARCY

STEVE CHARELIAN

KAREN KOMATINSKY

BRENDA O'LEARY

PRECINCT TOTAL 4,469 2,490 1,709 913 1,739 1,158 754
VBM TOTAL 17,501 9,109 8,252 3,383 5,919 5,883 3,417
GRAND TOTAL 26,630 21,970 11,599 9,961 4,296 7,658 7,041 4,171

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 185.1 -Page- 793 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION City Treasurer FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

TIM LILLIGREN

MANHATTAN BEACH - 4100017A 1,056 764
VOTE BY MAIL SERIAL 0512 3,918 2,750
TOTAL 5,993 4,974 3,514
MANHATTAN BEACH - 4100019A 777 571
VOTE BY MAIL SERIAL 0513 3,146 2,185
TOTAL 4,796 3,923 2,756
MANHATTAN BEACH - 4100026A 753 583
VOTE BY MAIL SERIAL 0514 3,352 2,418
TOTAL 4,830 4,105 3,001
MANHATTAN BEACH - 4100040A 868 604
VOTE BY MAIL SERIAL 0515 3,382 2,330
TOTAL 5,185 4,250 2,934
MANHATTAN BEACH - 4100061A 1,015 719
VOTE BY MAIL SERIAL 0516 3,703 2,578
TOTAL 5,826 4,718 3,297

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 185.2 -Page- 794 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION City Treasurer FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

TIM LILLIGREN

PRECINCT TOTAL 4,469 3,241
VBM TOTAL 17,501 12,261
GRAND TOTAL 26,630 21,970 15,502

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 259.1 -Page- 1681

MANHATTAN BEACH CITY SPECIAL MUNICIPAL ELECTION - MEASURE MMB FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

MANHATTAN BEACH - 4100017A 1,056 526 450
VOTE BY MAIL SERIAL 0512 3,918 2,157 1,404
TOTAL 5,993 4,974 2,683 1,854
MANHATTAN BEACH - 4100019A 777 347 359
VOTE BY MAIL SERIAL 0513 3,146 1,675 1,196
TOTAL 4,796 3,923 2,022 1,555
MANHATTAN BEACH - 4100026A 753 340 362
VOTE BY MAIL SERIAL 0514 3,352 1,793 1,280
TOTAL 4,830 4,105 2,133 1,642
MANHATTAN BEACH - 4100040A 868 390 391
VOTE BY MAIL SERIAL 0515 3,382 1,784 1,295
TOTAL 5,185 4,250 2,174 1,686
MANHATTAN BEACH - 4100061A 1,015 503 430
VOTE BY MAIL SERIAL 0516 3,703 1,996 1,375
TOTAL 5,826 4,718 2,499 1,805

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 259.2 -Page- 1682

MANHATTAN BEACH CITY SPECIAL MUNICIPAL ELECTION - MEASURE MMB FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

PRECINCT TOTAL 4,469 2,106 1,992
VBM TOTAL 17,501 9,405 6,550
GRAND TOTAL 26,630 21,970 11,511 8,542

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ORDINANCE NO. 24-0009

AN ORDINANCE ADOPTED BY THE VOTERS OF THE

CITY OF MANHATTAN BEACH, CALIFORNIA, IMPOSING A

0.5% TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF

TAX AND FEE ADMINISTRATION

THE VOTERS OF THE CITY OF MANHATTAN BEACH DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8.40 is hereby added to Title 8 of the Manhattan Beach Municipal Code to read as follows:
“Chapter 8.40 - TRANSACTIONS AND USE TAX

8.40.010. SHORT TITLE. This ordinance shall be known as the City of Manhattan Beach Transactions and Use Tax Ordinance. The City of Manhattan Beach hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

8.40.020. OPERATIVE DATE . "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.

8.40.030. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, authorizing the City to adopt this tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the City Council Meeting
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provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

8.40.040. CONTRACT WITH STATE . Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the Cit y shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

8.40.050. TRANSACTIONS TAX RATE . For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 0.5% of the gross receipts of any retailer from the sale of all tangible personal prop erty sold at retail in said territory on and after the operative date of this ordinance.

8.40.060. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the Californ ia Department of Tax and Fee Administration.

8.40.070. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 0.5% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

8.40.080. ADOPTION OF PROVISIONS OF STATE LAW . Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of th e Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

8.40.090. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of the City shall be substituted therefor. However, the substitution shall not be made when:

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1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

8.40.100. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

8.40.110. EXEMPTIONS AND EXCLUSIONS.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

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1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the City Council Meeting
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exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or particip ates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, so licitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or license s the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

8.40.120. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of t ax imposed by this ordinance. Pursuant to Elections Code Section 9217, the City Council may amend this ordinance as deemed necessary for collection and enforcement, City Council Meeting
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provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance without the approval of the voters.

8.40.130. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.” SECTION 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 3. EFFECTIVE DATE AND EXPIRATION. This ordinance relates to the levying and collecting of the City’s transactions and use taxes and shall take effect immediately upon approval by the voters and shall remain in effect until repealed by the voters of the City of Manhattan Beach.

APPROVED at a regular meeting of the Manhattan Beach City Council on August 6, 2024, and
ADOPTED by the voters of the City of Manhattan Beach, State of California, at the General Municipal Election held on November 5, 2024, by the following vote:

Yes: 11.511
No: 8,542
AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________

AMY THOMAS HOWORTH
Mayor
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:

City Council Reorganization:
a) Recognition of Outgoing City Councilmember Steve Napolitano b) Recognition of Outgoing City Councilmember Richard Montgomery c) Oath of Office to Re-Elected City Councilmember Joe Franklin d) Oath of Office to Newly Elected City Councilmember Nina Tarnay e) Oath of Office to Newly Elected City Councilmember Steve Charelian f) Oath of Office to Re-Elected City Treasurer Tim Lilligren (City Clerk Tamura).

PRESENT AND ACCEPT
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council recognize outgoing City Councilmembers Steve Napolitano and Richard Montgomery for their commitment and dedication to the City of Manhattan Beach; and accept the Oath of Office from re-elected City Councilmember Joe Franklin, newly elected City Councilmembers Nina Tarnay and Steve Charelian, and re-elected City Treasurer Tim Lilligren.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with the recommended action.

BACKGROUND/DISCUSSION:

Following certification of election results, § 10265 of the California Elections Code requires that the City Clerk, serving as the elections official, immediately sign and deliver to each newly elected officer a Certificate of Election. The elections official is also required to administer to each person elected the Oath of Office prescribed in the California Constitution.

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File Number: 24-0420
The certification of the election results from the Los Angeles County/Registrar-Recorder County Clerk’s office is attached.

The following candidates were elected to the three City Councilmember seats:

1. Joe Franklin: 11,599 votes received.

2. Nina Tarnay: 9,961 votes received.

3. Steve Charelian: 7,658 votes received.

The following candidate was elected to the one City Treasurer seat:

1. Tim Lilligren: 15,502 votes received.

City Council Seating Order
Past precedent has used the vote count results to determine the order of seating. This has been done to follow the spirit of Government Code section 57377, which uses vote count to determine seating when the first city council of any new city is seated. However, staff has not been able to locate a written local policy to this affect for the existing seating order.

Based on past precedence, the newly elected members would be seated in order based on the number of votes they received. Councilmember Franklin received the highest number of votes, followed by Councilmember Tarnay, and then Councilmember Charelian. This order will determine who becomes Mayor and Mayor Pro Tem in upcoming City Council reorganizations.

Each will serve nine-and-a-half months as mayor in this stated order.

PUBLIC OUTREACH:

After analysis, staff determined that public outreach was not required for this issue.

ENVIRONMENTAL REVIEW:

LEGAL REVIEW:

The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

ATTACHMENT:

1. Certification - Election Results of November 5, 2024, General Municipal Elections

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 60.1 -Page- 139 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION Member of the City Council FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JOE FRANKLIN

NINA TARNAY

JOE MARCY

STEVE CHARELIAN

KAREN KOMATINSKY

BRENDA O'LEARY

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 60.2 -Page- 140 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION Member of the City Council FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JOE FRANKLIN

NINA TARNAY

JOE MARCY

STEVE CHARELIAN

KAREN KOMATINSKY

BRENDA O'LEARY

PRECINCT TOTAL 4,469 2,490 1,709 913 1,739 1,158 754
VBM TOTAL 17,501 9,109 8,252 3,383 5,919 5,883 3,417
GRAND TOTAL 26,630 21,970 11,599 9,961 4,296 7,658 7,041 4,171

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 185.1 -Page- 793 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION City Treasurer FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

TIM LILLIGREN

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 185.2 -Page- 794 MANHATTAN BEACH CITY GENERAL MUNICIPAL ELECTION City Treasurer FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

TIM LILLIGREN

PRECINCT TOTAL 4,469 3,241
VBM TOTAL 17,501 12,261
GRAND TOTAL 26,630 21,970 15,502

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 259.1 -Page- 1681

MANHATTAN BEACH CITY SPECIAL MUNICIPAL ELECTION - MEASURE MMB FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

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COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 259.2 -Page- 1682

MANHATTAN BEACH CITY SPECIAL MUNICIPAL ELECTION - MEASURE MMB FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

PRECINCT TOTAL 4,469 2,106 1,992
VBM TOTAL 17,501 9,405 6,550
GRAND TOTAL 26,630 21,970 11,511 8,542

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Agenda Date: 12/17/2024
TO:

Honorable Mayor and Members of the City Council
THROUGH:

Talyn Mirzakhanian, City Manager/Chief Administrative Officer FROM:

Onyx Jones, Finance Director/Chief Financial Officer
SUBJECT:

Reorganization of the Manhattan Beach Capital Improvements Corporation to Fill the Seats Occupied by Steve Napolitano and Richard Montgomery (Finance Director/Chief Financial Officer Jones).

APPROVE
_________________________________________________________ RECOMMENDATION:

Staff recommends that the Board of Directors of the Manhattan Beach Capital Improvements Corporation appoint newly elected City Councilmembers Nina Tarnay and Steve Charelian to fill the Boardmember seats currently occupied by City Councilmembers/Boardmembers Steve Napolitano and Richard Montgomery.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with the recommended action.

BACKGROUND:

The Manhattan Beach Capital Improvements Corporation (CIC) was formed in 1996 to facilitate issuance of debt for improvements to the water and wastewater system. It has been used since then as the conduit for a number of debt issues including the Police/Fire Facility, Metlox improvements, Marine Avenue Sports Fields and Fire Station No. 2. City Councilmembers serve as CIC Boardmembers.

DISCUSSION:

At the recent municipal election on November 5, 2024, the City electors elected Nina Tarnay and Steve Charelian, to fill two City Council seats. Steve Napolitano and Richard Montgomery have termed out and Joe Franklin ran as an incumbent. Accordingly, staff recommends that the City Council appoint Nina Tarnay and Steve Charelian to fill the seats occupied by Steve

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File Number: 24-0419
Napolitano and Richard Montgomery.

PUBLIC OUTREACH:

After analysis, staff determined that public outreach was not required for this issue.

ENVIRONMENTAL REVIEW
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.

LEGAL REVIEW
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

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Agenda Date: 1/7/2025
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:

Consideration of the Approval of City Council Assignments (City Clerk Tamura).

APPROVE
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council approve the City Council Assignments.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with the recommended action.

BACKGROUND/DISCUSSION:

At the City Council meeting of October 15, 2024, the City Council conducted a reorganization and appointed Mayor Howorth and Mayor Pro Tem Lesser.

It is the discretionary responsibility of each Mayor to review the standing list of City Council assignments to various government and community-related committees and make changes as they feel are necessary, with City Council approval. The assignments provided by the Mayor are attached for City Council consideration. Note that no appointments are proposed for the Independent Cities Association (ICA) and Manhattan Beach Community Emergency Response Team (C.E.R.T) at this time.

CONCLUSION:

Staff recommends that the City Council approve the City Council Assignments as proposed by Mayor Howorth.

PUBLIC OUTREACH:

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File Number: 24-0421
After analysis, staff determined that public outreach was not required for this issue.

ENVIRONMENTAL REVIEW:

The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.

LEGAL REVIEW:

The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

ATTACHMENTS:

1. City Council Assignments

2. City Council Assignments & Committee Descriptions

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MANHATTAN BEACH

CITY COUNCIL ASSIGNMENTS

Approved December 17, 2024

REORGANIZATION OF CITY COUNCIL – OCTOBER 15, 2024 • NEXT REORGANIZATION – AUGUST 5, 2025

CITY COUNCIL COMMITTEES DELEGATE ALTERNATE FREQUENCY
City Council Ad Hoc Subcommittee Regarding MBUSD
Howorth
Napolitano
Franklin
Charelian As Needed
Utilities Subcommittee Lesser Montgomery
Tarnay As Needed
Finance Subcommittee* Franklin
Howorth
Napolitano
Lesser
Quarterly/
As Needed
Senior Advisory Committee Franklin Lesser As Needed
Art in Public Places Committee - Bruce’s Beach Art Project Franklin Howorth Tarnay As Needed
Website Refresh Ad Hoc Subcommittee Howorth
Lesser Tarnay As Needed
Legislative Ad Hoc Subcommittee
Howorth
Lesser
Mayor
Mayor Pro Tem As Needed

LOCAL GOVERNMENT
South Bay Cities Council of Government (SBCCOG)* Lesser Tarnay
Howorth
Lesser 2 or More Times/Month
South Bay Regional Public Communications Authority (RCC)* Lesser Howorth Charelian 2 Times/Year
L.A. COUNTY GOVERNMENT
Independent Cities Association (ICA) Montgomery Napolitano Monthly - PM Los Angeles County Sanitation District (LACSD)* Mayor Mayor Pro Tem Monthly - PM Los Angeles County City Selection Committee Mayor Mayor Pro Tem 2 Times/Year West Basin Municipal Water District Lesser
Tarnay
Franklin
Charelian Monthly - 1:00 PM

REGIONAL/STATE GOVERNMENT
League of California Cities Montgomery
Mayor Mayor Pro Tem As Needed
Southern California Association of Governments (SCAG)* Lesser Howorth
Howorth
Tarnay 1 Time/Year
California Contract Cities Association (CCCA) Napolitano Howorth
Montgomery
Charelian Monthly - PM
Clean Power Alliance of Southern California*
(Previously - Los Angeles Community Choice Energy Authority*) Howorth
Lesser
Lesser
Tarnay Monthly - PM
Metropolitan Water District of Southern California Franklin Tarnay
Howorth
Charelian Monthly- Noon

CIVIC ORGANIZATIONS
Manhattan Beach Neighborhood Watch Lesser Franklin 6 Times/Year - PM

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MANHATTAN BEACH

CITY COUNCIL ASSIGNMENTS

Approved December 17, 2024
Manhattan Beach Hometown Fair Association Franklin
Charelian
Montgomery
Tarnay Monthly - PM
Manhattan Beach Community Emergency Response Team
(C.E.R.T) Howorth Lesser As Needed

BUSINESS ORGANIZATIONS
Manhattan Beach Chamber of Commerce Napolitano
Franklin
Franklin
Tarnay As Needed
Downtown Manhattan Beach Business & Professional
Association Howorth Napolitano
Tarnay Monthly - AM
North Manhattan Beach Business Improvement District Napolitano Charelian
Montgomery
Tarnay Monthly - PM

AIRPORTS
Los Angeles World Airports LAX/Community Noise Roundtable Montgomery Franklin
Franklin
Charelian As Needed
Hawthorne Municipal Airport Communities Network Committee Montgomery Franklin
Franklin
Charelian 4 Times/Year

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Approved December 17, 2024
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Approved December 17, 2024

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Approved December 17, 2024
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Approved December 17, 2024
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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:

Consideration and Approval of the 2025 City Council Meeting Calendar (City Clerk Tamura).

APPROVE
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council approve the 2025 City Council’s meeting schedule.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with the recommended action.

BACKGROUND:

The purpose of the 2025 City Council meeting calendar is to provide the City Council, staff, and the public with advance notice of proposed meeting dates.

DISCUSSION:

Per Municipal Code Section 2.01.020, staff outlined a meeting schedule for 2025 with regular City Council meetings held on the first and third Tuesday of the month. The proposed dates have been scheduled taking into consideration additional non-regular City Council meetings (the Annual City Council Work Plan meeting, the Annual Boards and Commissions Interviews, and the Budget Study Sessions).

Once the meeting schedule is approved by the City Council, it will be used by staff to create a tentative calendar to identify when items will likely be considered by the City Council. It is important to note that the tentative calendar is a fluid document that serves as an ongoing reference guide, and that items are frequently added and then re-scheduled. It is recommended that the City Council keep Tuesday evenings free so that closed sessions or study sessions, can

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File Number: 24-0417
be scheduled as the need arises.

PUBLIC OUTREACH:

After analysis, staff determined that public outreach was not required for this issue.

ENVIRONMENTAL REVIEW:

This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it is a minor change that will not result in any direct or indirect physical change in the environment.

LEGAL REVIEW:

The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

ATTACHMENT:

1. 2025 City Council Meeting Calendar

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City Council Chambers – 1400 Highland Avenue, Manhattan Beach, CA 90266 at 6:00 p.m. 2025 CITY COUNCIL MEETINGS
The City encourages everyone to continue taking advantage of City services provided online at www.manhattanbeach.gov. The City welcomes the opportunity to service the community Holiday
(City Offices Closed)
Early Holiday Closure
(City Offices Closed at 12:00 PM)
City Council Meeting

CANCELED
City Council Meeting
Work Plan
Meeting
Election Day
(November 4th)Budget Study
Sessions
Boards &
Commissions
Interviews
August 2025July 2025
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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:

Consideration of List of Appointments Made by the City Council to All Regular and Ongoing Boards and Commissions (Maddy Act) (City Clerk Tamura).

APPROVE
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council approve the attached list of appointments previously made for the Boards and Commissions.

BACKGROUND AND DISCUSSION:

To comply with Section 54970 et seq. of the California Government Code, each legislative body is required to annually prepare a list of all regular and ongoing Boards and Commissions that are appointed by the City Council and make the list available to the public. In addition, Government Code Section 54973 requires that a copy of the list be provided to the Library. This list is known as the Local Appointment List or the Maddy Act List. The list contains all appointive terms, the name of each incumbent, the date of appointment, the date the term expires, and the necessary qualifications for the appointment. Staff has reviewed and updated the attached list to reflect changes made throughout 2024 calendar year. This list will be posted at City Hall and on the City’s website for the public to access.

PUBLIC OUTREACH:

The attached list will be posted to the City’s website on the Boards and Commission pages and will also be posted on the two posting boards at City Hall, Joslyn Community Center, and Manhattan Heights.

LEGAL REVIEW:

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File Number: 24-0451
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

ATTACHMENT:

1. 2024 Maddy Act List

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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
Breana Contreras, Deputy City Clerk
SUBJECT:

Consideration of a Resignation from Library Commissioner Millea, Declaration of a Vacancy for Library Commission Member-At-Large Seat No. 3 (Millea), and Direction to the City Clerk to Conduct Public Outreach for the Vacant Library Commission Seat No. 3. (City Clerk Tamura).

A) ACCEPT RESIGNATION

B) DECLARE VACANCY

C) DIRECT THE CITY CLERK TO CONDUCT PUBLIC OUTREACH
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council:
a) accept the resignation from Library Commissioner, Mike Millea; b) declare vacant Library Commission Member-At-Large Seat No. 3 (Millea); and c) direct the City Clerk to conduct public outreach for the vacant Library Commission Seat.

FISCAL IMPLICATIONS:

Sufficient funds are available in the City Clerk’s Fiscal Year 2024-2025 budget for public outreach efforts.

BACKGROUND:

The Library Commission consists of six members- five at-large members and one student representative. The Commission meets on the second Monday of each month and serves in an advisory capacity to the City Council regarding library services provided by the Los Angeles County Library System to the citizens of Manhattan Beach. Also, the Commission acts as a liaison between the City and public/private community groups supportive of library services.

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File Number: 24-0457
On December 2, 2024, the City Clerk’s Office received Commissioner Millea’s letter of resignation, effectively leaving the Library Commission Seat No. 3 Member-At-Large seat vacant.

DISCUSSION:

The term for Library Commission Seat No. 3 is set to expire on May 31, 2025. The member appointed will complete the term and automatically be reappointed to a three-year term without additional City Council action.

At the City Council Regular Meeting on December 3, 2024, the City Council directed staff to conduct public outreach for the two current vacancies (Parking and Public Improvements Commission and Cultural Arts) and seek new applicants for City Council’s consideration. The City Council also noted that individuals who interviewed during the April 2024 annual boards and commission application process would have their applications considered, should they still be interested.

Staff reached out to individuals who applied for the Library Commission during the April 2024 boards and commissions interviews to gauge their interest in the new vacancy. The following applicants have confirmed their interest:

Confirmed:
· Andrew Chang
· Jacquelyn Chou
· Lynne Cochran
· Heather Kim
· Brooke Muschott
Declined:
· Brooke Castor
Staff will include the applications of interested candidates for City Council consideration and will conduct public outreach to seek additional applicants. The application deadline is January 10, 2025, at 4:00 p.m. The appointment for this seat is tentatively scheduled for the City Council Regular Meeting on Tuesday, January 17, 2025.

PUBLIC OUTREACH:

Upon the City Council’s approval to declare the seat vacant, the City Council may direct the City Clerk’s Office to conduct public outreach; publish a notice in the Beach Reporter; post notices at City Hall, Manhattan Heights, and Joslyn Community Center bulletin boards; notify the Manhattan Beach Library, Chamber of Commerce, Downtown Business and Professional Association, and the North Manhattan Beach Business Improvement District of the vacancy; post on the City’s website; post on the City’s social media channels; and send GovDelivery notifications to website subscribers.

ENVIRONMENTAL REVIEW:

The City has reviewed the proposed activity for compliance with the California Environmental

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File Number: 24-0457
Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.

LEGAL REVIEW:

The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

ATTACHMENT:

1. Resignation Letter - Commissioner Millea

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December 2, 2024
To the City Council of Manhattan Beach
n*" f^ K" r
NfcUtlVbU
2^ DEC-2 PH 4:07

CITY CLERK'S OFFICE
MANHATTAN 3EACH.CA
Please accept my Resignation as Commissioner on the Manhattan Beach City Library Commission.

I am submitting my resignation for a variety of reasons. Being on the Commission is a lot different than what I had envisioned.

I basically don't have the time or energy to commit to what the other members of the Library Commission need from me. I think the Commission would be better off with someone who had more ability to carry out the needs of a Library Commissioner than I do at this time.

Regards
Mike Millea
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TO:

Honorable Mayor and Members of the City Council
THROUGH:

Talyn Mirzakhanian, City Manager
FROM:

Onyx Jones, Interim Finance Director
Julie Bondarchuk, Financial Controller
Libby Bretthauer, Financial Services Manager
Marcelo Serrano, Budget & Financial Analyst
SUBJECT:

Financial Report:
a) Schedule of Demands: November 2024
b) Investment Portfolio Report: October 2024
c) Month End Financial Reports: October 2024 (Interim Finance Director Jones).

ACCEPT REPORT AND DEMANDS
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council accept the attached reports and demands.

FISCAL IMPLICATIONS:

The financial report included herein is designed to communicate fiscal activity based upon adopted and approved budget appropriations. No further action of a fiscal nature is requested as part of this report.

The total value of the warrant registers for November is $8,468,244.07.

BACKGROUND:

Finance staff prepares a variety of financial reports for the City Council and the Finance Subcommittee. A brief discussion of the attached report follows.

DISCUSSION:

Schedule of Demands:

Every month staff prepares a comprehensive listing of all disbursements with staff certification

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File Number: 24-0452
that the expenditure transactions listed have been reviewed and are within budgeted appropriations.

Investment Portfolio:

Detailed Investment reports are provided to the Finance Subcommittee with summary reporting to City Council. The month-end portfolio includes a certification by the Finance Director that all investments comply with established Investment Policies (or with Finance Subcommittee approved exceptions) and there is sufficient liquidity to support projected expenditures.

Month End Financial Reports:

The Finance Department has traditionally provided monthly summary-level financial reports without including narrative explanations on trends and variances. In an effort to increase transparency on financial matters, staff presented a FY 2025 First Quarter Budget Update at the November 19, 2024, City Council meeting that included a narrative report on the financial data presented and explanations of significant variances compared to the prior year quarter. The October 2024 Financial Report attachment provides a detailed overview of the current Budget performance. It includes year-to-date revenue and expenditure report by fund as well as a General Fund revenue and expenditure report by category. Furthermore, the report also highlights the performance of key General Fund revenue sources.

When comparing the cumulative Year-to-Date performance through October of FY 2024 to that of October of FY 2025, General Fund revenues appear lower than those of the previous fiscal year. However, this difference is due to a recent change in accounting accrual methodologies.

To align with best practices and ensure consistent reporting, revenues such as Property Tax, Sales Tax, Transient Occupancy Taxes (Hotel and Short-term Rental), and Leases/Rents received in July and August should be attributed to the prior fiscal year and reversed from the first quarter.

Previously, when revenues received in July/August for Sales Tax, Transient Occupancy Tax, and some leases/rents were accrued, the amounts were not reversed until the end of the new fiscal year. Starting in FY 2025 and moving forward, all prior year revenues will be reversed during Quarter 1 (Q1), and future trends will normalize after this one-time adjustment in methodology.

Revenues
Primarily attributed to the recent change in accounting accrual methods, cumulative fiscal year to date revenues for FY 2025 are $3,711,820 (18.9%) lower than last year, excluding the net change of $448,420 for unrealized investment gains/losses. It is noteworthy that if the impact of the prior year’s revenue accrual is excluded, as depicted in the table below, total general fund revenues, excluding the unrealized investment gains/losses, decreased by only $110K. The next section will detail the General Fund revenues received from July through October 2024.

October 2024 FY 2024 Actl Rev Accrued to PY Adj FY 2024 Act FY 2025 Actl Sales Tax $3,952,856 $2,248,249 $1,704,607 $1,876,762
TOT 2,725,617 567,511 2,158,107 2,347,902
Franchise Tax 131,838 131,838 - -
Hotel Rent 933,247 459,137 474,110 -

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Property Tax is an important source of the City's General Fund revenues. As of October, FY 2025, total cumulative receipts increased by $61,403 (6.9%) compared to last year. HdL, the City’s Property Tax consultant, confirmed a 5.2% ($1.3 billion) rise in net taxable assessed values for FY 2025. With this increase, the City’s estimated secured Property Tax revenues are projected to be $36.7 million, about $120,000 above budget. Increased home sales from January through July and higher assessed values from those recent parcel sales will contribute to this increase.

Sales & Use Tax received as of October FY 2025 amounted to about $1.9 million, which aligns with the sales tax projections provided by HdL. Furthermore, if the adjustment for accruals had been applied in FY 2024, revenues would have totaled $1,704,607. Consequently, the actual Sales & Use Tax receipts for October FY 2025 exceed those of October FY 2024 by $172,156 (10.1%). By the end of the fiscal year, Sales Tax revenues are expected to meet the budgeted amount of $11.3 million.

Transient Occupancy Tax (TOT) revenues as of October FY 2025 were $2.3 million. If the adjustments for accruals had been applied in FY 2024, revenues would have totaled $2.2 million. Consequently, actual TOT receipts for October FY 2025 exceed those of October FY 2024 by $189,796 (8.8%), indicating that revenues at fiscal year-end will meet or exceed the budget of $7.4 million.

Separately, TOT collected from Short-Term Rentals operating within the Coastal Zone shows that revenues as of October FY2025 were $333,387. If the adjustments for accruals had been applied in FY 2024, revenues would have totaled $148,602. Consequently, actual receipts from Short-Term Rentals for October FY 2025 exceed those of October FY 2024 by $184,785 or 124.3%, indicating a consistent growth in operations. The City now has over 150 licensed short-term rentals, with about 85 highly active over the summer months.

Business License Taxes received amounted to $378,395, which represents a 33.5% decrease compared to the first quarter of the previous year. This decline was partly due to a one-time increase in the prior year from improved collection efforts for businesses that were delinquent after the Covid-19 pandemic. Additionally, there was a reduction in overall gross receipts reported by businesses this fiscal year, impacting the tax calculations and associated payments.

Building Permits. The volume of issued building permits and processed plan checks decreased from the same cumulative period last year. Building permit revenues decreased by $117,088 or

14.0%, whereas plan check fees increased by $148,465 or 23.1%. Such variations can occur when large projects boost revenues in a particular month. Overall trends don’t indicate significant deviations from the projected budget by fiscal year-end. Demolition permits were slightly below last year’s amount from the prior year, but once rebuilt, these properties generally have higher assessed values than before. Building record requests also increased by 16.1% year-over-year, suggesting higher home sales in the first quarter compared to the previous year.

However, it is important to note that the number of building record requests remains approximately 15.9% lower than the historical five-year average, reflecting the impact of higher mortgage interest rates and continued low inventory.

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File Number: 24-0452
Other Service Charges (excluding Plan Checks) decreased by $76,401 or 1.9% compared to the corresponding cumulative period last year. This category encompasses service charges related to Parks and Recreation registration fees, as well as other cost recovery fees for ambulance transports, planning and building services, and public safety reimbursements.

Despite strong enrollments in recreation classes and activities with increases in Swimming Classes, Enrichment Classes, and Facilities & Parks reservations, a decline in ambulance fees impacted the overall category. In the previous year, the City’s new ambulance billing vendor significantly boosted revenues through enhanced efforts to collect delinquent accounts in 2023.

The Interest and Rents category shows a decrease of $998,369 (62.2%) compared to the previous year, due to adjustments for accruals and the timing of this fiscal year’s quarterly hotel rent payment. These payments are made after each quarter ends, necessitating an accounting entry to adjust the July 2024 payments to the prior fiscal year. In the current fiscal year, $459,137 was received in July, which was accrued to the prior year, and the first-quarter rent payment for this fiscal year was not received until November 2024. If FY 2024 revenues had been adjusted for accruals similarly to FY 2025 and if the first-quarter rent payment had been received in October 2024, the decrease over the prior fiscal year would be closer to $4,333. This minor decrease is due to the removal of a wireless communication tower from the Parking Lot 3 structure in late 2023.

The Unrealized Investment Gain/Loss has been identified separately from the Interest and Rents category due to big market swings in the last few years. At the end of every fiscal year, an accounting entry is required to “mark-to-market” the City’s investments. Governmental Accounting Standards Board (GASB) Statement No. 31 states that “all investment income, including changes in the fair value of investments, should be reported as revenue.” As such, on June 30, the City’s investments were “mark-to-market” and a loss on investments of $1,141,441 was posted in FY 2023-2024. Then, since the City carries investments at cost (“book value”) throughout the year, the June 30 loss was reversed on July 1, which created the significant positive amount in Fiscal Year 2025. This amount will be adjusted at the end of this fiscal year, when investments are again marked to new market values on June 30, 2025.

Parking Citations revenues rose by $204,879 (45.9%) compared to the same quarter last year, due to hiring three Lead Community Services Officers in FY 2024 and increased parking enforcement.

Operating Service Transfers are reimbursements to the General Fund from other funds per the February 2020 Cost Allocation Plan. Engineering staff time on capital projects and grants decreased slightly, causing a relative drop of $61,119 (4.3%).

The From Other Governments category includes grants and other reimbursements to the General Fund related to the implementation of State mandates. The amount received up to October FY 2025 is $76,983 (28.2%) lower than the previous year. A majority of this variance stems from payments received in FY 2024 related to two completed grants, the implementation of a Housing Element Update from the State and a passthrough grant for homelessness outreach from the County through the South Bay Cities Council of Governments (SBCCOG). The remainder of the difference is tied to a higher number of reimbursements received in the previous fiscal year for the implementation of mandates under the State’s Property Tax Relief

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File Number: 24-0452
Act of 1972 (Senate Bill 90).

Miscellaneous There was a $171,827 or 106.3% increase in revenues, which was largely from Workers Compensation Salary Continuation revenues reimbursing the General Fund for Injury-On-Duty leave. Although this is an increase in General Fund revenues, this also reflects higher payouts and costs in the Insurance Fund.

Overall, the General Fund revenues and expenditures are aligned with the FY 2025 Budget projections. A more detailed analysis will be provided in the Mid-Year staff report, which is scheduled to be presented to the City Council during the second Council meeting in February 2025.

PUBLIC OUTREACH/INTEREST:

After analysis, staff determined that public outreach was not required for this issue.

ENVIRONMENTAL REVIEW:

Not applicable.

LEGAL REVIEW:

The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

ATTACHMENTS:

1. Schedule of Demands for November 2024

2. Investment Portfolio for the Month of October 2024

3. Month End Report for the Month of October 2024

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City of Manhattan Beach
Finance Department
Schedule of Demands
N
ovember 2024
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THE CLAIMS OR DEMANDS COVERED BY THE BELOW WARRANTS IN THE AMOUNT OF 8,468,244.07$

HAVE BEEN REVIEWED AND THAT SAID CLAIMS OR DEMANDS ARE ACCURATE, ARE IN CONFORMANCE WITH THE ADOPTED BUDGET, AND THAT THE FUNDS ARE AVAILABLE THEREOF.

REVIEWED, CERTIFIED AND APPROVED WARRANT REGISTERS
BY CITY MANAGER AND FINANCE DIRECTOR 11/8/2024 1,071,494.98 11/15/2024 529,273.72
11/22/2024 4,030,145.85
11/29/2024 237,674.91
SUB-TOTAL WARRANTS 5,868,589.46
VOIDS (669.00)

PAYROLL REGISTERS
11/8/2024 1,319,157.16
11/22/2024 1,281,166.45
SUB-TOTAL PAYROLL 2,600,323.61
TOTAL WARRANTS 8,468,244.07$

CITY OF MANHATTAN BEACH

WARRANT REGISTERS
FOR THE MONTH OF NOVEMBER 2024
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TYPE PAYEE NAME
W PAYROLL TAXES F.I.T./ S.I.T. & MEDICARE

W CITY OF MANHATTAN BEACH FSA CONTRIBUTIONS
SUB-TOTAL :

TYPE PAYEE NAME DESCRIPTION
P ADAMSON POLICE PRODUCTS BALLISTIC HELMETS (70)
P ALL CITY MANAGEMENT SVCS CROSSING GUARD SERVICES 9/29-1

P ANGEL HAMI HO ADMINISTRATIVE INVESTIGATIVE

P ANNE GRAY LEWIS ANNE FALL CLASSES
P ARDURRA GROUP INC 155580 SEPT'24 CERAMIC STUDIO
P AT&T MOBILITY CELLULAR CHARGES AUGUST 2024

P AT&T MOBILITY SCADA - SEWER, WATER, STORMDRA
P CA TEAMSTERS LOCAL 911 TEAMSTER MEMBERSHIP DUES
P CA WATER SERVICE COMPANY MONTHLY CHARGES 9/26-10/24/24 P CALIFORNIA HEALTH & SAFETY INC SCBA AIR COMPRESSOR MAINT. & C P CORPORATE COACH CHARTER & TOURS, INC. CHARTER BUS SERVICES

P CCS LOS ANGELES JANITORIAL INC CCS- JANITORIAL CONTRACT SERVI P CHARTER COMMUNICATIONS HOLDING LLC DARK FIBER MAINTENANCE 10/28-1

P COMPANY NURSE LLC WORK INJURY TRIAGE HOTLINE

P CONTEMPORARY SERVICES CORP UNARMED GUARD SERVICES- LOT CO

P DAIOHS USA, INC KEURIG MACHINE RENTAL

P DANA STAGGS DANA STAGGS PAYMENT FOR BEGG P

P DAWN AMANDA KELLY DAWN KELLY PAYMENT FOR BEGG PO
P DELTA DENTAL OF CALIFORNIA DENTAL PREMIUMS NOVEMBER 2024

P DUTHIE ELECTRIC SERVICES AUXILIARY GENEATOR REPAIR SERV

P EMPLOYMENT DEVELOPMENT DEPT UNEMPLOYMENT INSURANCE

P EQUINIX INC DATA CENTER SECURE RACK SERVIC
P FRANCHISE TAX BOARD PE 11-01-24 GARNISHMENTS
P FRANCHISE TAX BOARD PE 11-01-24 GARNISHMENTS
P FRONTIER CALIFORNIA INC MONTHLY CHARGES 10/22-11/21/24 P FRONTIER COMMUNICATIONS OF AMERICA INCINTERNET SERVICES 10/17-11/16/

P GAIL MINDY WINTHROP GAIL WINTHROP PAYMENT FOR WATE

P GALLS PARENT HOLDINGS LLC FIRE DEPT UNIFORM SUPPLIER
P GOGOV INC GOREACH 1 YEAR SUBSCRIPTION 7/
P H F & H CONSULTANTS LLC MHB 2024-2027 ON-CALL ASSISTAN

P IRON MOUNTAIN INFO MNGMT INC RECORDS STORAGE - PERM & ARCHI P JOHN L HUNTER AND ASSOC INC CBR/FOG AND MS4 NPDES INSPECTI

P LIEBERT CASSIDY WHITMORE LEGAL SERVICES FOR EMPLOYMENT

P M B CHAMBER OF COMMERCE MGMT AND EXECUTIVE COORDINATIO P M B POLICE OFFICERS ASSOCIA MBPOA DUES PE 11-01-24
P MANHATTAN BEACH PART TIME EMPLOYEES ASSOCIATIONMBPTEA DUES PE 11-01-24

P OCCU HEALTH CENTERS OF CA PRE-EMPLOYMENT MEDICAL SERV, R P PAUL HANSEN 062-003 AUG'24 SENIOR/SCOUT HO
727.00
2,221.50
5,857.50
3,851.39

25.00 1,977.14
1,405.00
2,340.00
1,215.67
13,656.00
5,940.75
10,176.28
3,589.00
660.00
1,620.67
275.00
1,083.94
33,569.50
977.95
6,752.00
800.00
540.00
165.00
4,151.01
825.00
16,565.16
455.00
1,540.00
447.50
333.00
6,299.00
209.43
2,890.00
25,394.93
10,553.10
47,523.02
27,401.86
10,099.49
WARRANT #: AP110824
AMOUNT
375,952.72
10,831.10
386,783.82

CITY OF MANHATTAN BEACH

WARRANT REGISTER
WIRES

DESCRIPTION AMOUNT

Page 1 ends

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December 17, 2024
108 of 226

CITY OF MANHATTAN BEACH

WARRANT REGISTER

TYPE PAYEE NAME DESCRIPTION

P PORAC RETIREE MEDICAL TRUST MED TRUST PORAC CONTRIBUTIONS P PREPAID LEGAL SERVICES INC PREPAID LEGAL PE 11-01-24

P PSYCHOLOGICAL CONSULTING ASSOC MANHATTAN BEACH PD WELLNESS PR

P RACE TELECOMMUNICATIONS INC INTERNET SERVICES/SOUTH BAY FI

P JASON HODGKINS RISE ELEVATOR -ON-CALL ESCALAT

P RK SPORTS LLC SPORTBALL FALL SESSION I INVOI
P SA ASSOCIATES ARTPPP-02 AUG/SEP'24 ART IN PU
P SBRPCA MOBILE RADIOS (3)

P SEA CLEAR POOLS INC BEGG POOL MAINTENANCE AND REPA

P SELECTIVE GIFT INSTITUTE EMPLOYEE SERVICE AWARD
P SHERI L. ALLEN SHERI ALLEN PAYMENT FOR WATER

P YUNEX LLC YUNEX- ON-CALL STREET LIGHT MA
P SOUTHERN CALIFORNIA EDISON MONTHLY CHARGES 10/1-10/31/24 P SOUTHERN CALIFORNIA EDISON MONTHLY CHARGES 10/01-10/29/24 P SOUTHERN CALIFORNIA GAS CO MONTHLY CHARGES 10/3-11/4/24

P SPOK INC WATER PLANT PAGERS FOR SCAD BA

P SSBRA OCTOBER REFEREE DUES FOR SOCCE
P STATE DISBURSEMENT UNIT PE 11-01-24 GARNISHMENTS
P STATE DISBURSEMENT UNIT PE 11-01-24 GARNISHMENTS
P STATE DISBURSEMENT UNIT PE 11-01-2024 GARNISHMMENTS
P STATE DISBURSEMENT UNIT PE 11-01-24 GARNISHMENTS

P TEAMCIVX LLC COMMUNICATION FOR SALES TAX ME
P U.S. BANK PARS CONTRIBUTIONS

P UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIAUNDERGROUND SCHEMATIC NOTIFICA P UNITED SITE SVCS OF CA INC PORTABLE RESTROOMS 10/13-11/9/ P VEOLIA WTS SERVICES USA INC EXCHANGE, DI, MIX BED, 1.6 P VERIZON CALIFORNIA INC SCADA-SEPT 2024
P VERIZON CALIFORNIA INC MONTHLY CHARGES 9/24-10/23

P VITAL MEDICAL SERVICES LLC OK TO BOOK & BLOOD DRAWS FOR J P WEST BASIN WATER ASSOCIATION 2024-2025 ANNUAL ASSESSMENT (1

P WESTMED AMBULANCE INC EMERGENCY AMBULANCE TRANSPORT

P WITTMAN ENTERPRISES LLC AMBULANCE & FIRE INSPECTION CO

T AM-TEC TOTAL SECURITY INC AM-TEC-ON-CALL REMOVAL/INSTALL T CA NEWSPAPER PARTNERSHIP BEACH REPORTER OCT 2024 MSCLK T ICMA RC PLAN# 300548 PE 11-01-2024-457 CONTRIBUTION
T ICMA RC PLAN# 109365 DEFERRED COMP 401A CONTRIBUTIO
T ICMA RC PLAN# 109766 DEFERRED COMP 401A CONTRIBUTIO
T ICMA RC PLAN# 803485 RHS CONTRIBUTION

T IPS GROUP INC SINGLE-SPACE PARKING METER REP

T M B POLICE MGMT ASSC MBPMA DUES
T MANHATTAN BEACH FIREFIGHTERS ASSOCIATIONPE 11-01-24 MBFA DUES T MANHATTAN BEACH MID MANAGEMENT EMPLOYEES ASSNMBMEA DUES PE 11-01-24 T RICHARDS WATSON & GERSHON DOUGLAS AZIZ (SEPTEMBER 2024) SUB-TOTAL WARRANT AP110824: 684,711.16
TOTAL WARRANT(S): $ 1,071,494.98
WARRANT #: AP110824
AMOUNT
2,729.38
1,269.00
68,300.77
1,605.62
1,525.82
630.00
76,833.33
1,729.74
17,700.99
7,263.41
110.43
1,038.00
11,363.00
1,131.00
27,939.00
184.66
3,930.49

38.01 5,488.71
308.62
1,484.96
680.76
3,818.04
27,607.80
3,248.00
160.15

73.84 69,998.63

72.61 9.28
385.00
8,550.00
21,792.55
30,255.48
675.00
109.50
1,525.00
4,588.14
1,815.00

15.95 16,500.00
2,361.70
3,750.00

Page 2 ends

City Council Meeting
December 17, 2024
109 of 226
Fund Fund Description
100 General Fund
201 Street Lighting & Landscape Fu
211 Police Safety Grants Fund
230 Prop. A Fund
401 Capital Improvement Fund
501 Water Fund
502 Storm Drain Fund
503 Sewer Fund
520 Parking Fund
521 County Parking Lots Fund
601 Insurance Reserve Fund
605 Information Technology Fund
615 Building Maintenance & Operati
802 Special Deposits Fund
GRAND TOTAL:
7,420.52
1,815.00
$ 1,071,494.98
2,460.97
15,413.71

46.22 7,811.07
25,197.26
75,862.24
2,336.99
27,616.43
4,885.09
1,671.00

CITY OF MANHATTAN BEACH

DISBURSEMENT BY FUND
DATED 11/08/2024
Amount
868,615.93
30,342.55
City Council Meeting
December 17, 2024
110 of 226

TYPE PAYEE NAME

W PAYROLL TAXES

TYPE PAYEE NAME

P AMTEK CONSTRUCTION

P ANGEL HAMI HO

P ARDURRA GROUP INC

P CCS LOS ANGELES JANITORIAL INC

P CHARTER COMMUNICATIONS HOLDING LLC

P DEKRA LITE INDUSTRIES INC

P DORALINDA PAULAR CORDTS

P EMPLOYEE REFUND VENDOR

P GVP VENTURES INC

P HAZEN AND SAWYER

P HDR ENGINEERING INC

P IDS GROUP INC

P JEFFREY MILLER ARCHITECTURE AND DESIGN CORPORATION

P LANCE SOLL & LUNGHARD LLP

P MERCHANTS LANDSCAPE SVCS INC

P MONTGOMERY HARDWARE CO

P ONWARD ENGINEERING

P PACIFIC ADVANCED CIVIL ENG

P PACIFIC COAST ELEVATOR CORP

P PACIFIC TRUCK EQUIPMENT INC

P RUBIO MEDINA, ARCHITECT

P S&J SUPPLY COMPANY INC

P SCA OF CA, LLC

P SOUTH BAY SPROUTS LLC

P SOUTHERN CALIFORNIA GAS CO

P STACEY WEXLER

P TINA KATCHEN GALL

P TRAFFIC AND PARKING CONTROL CO

P UNITED PARCEL SERVICE

P WITTMAN ENTERPRISES LLC

T AM-TEC TOTAL SECURITY INC

T CA NEWSPAPER PARTNERSHIP
SUB-TOTAL WARRANT AP111524:

TOTAL WARRANT(S):
528,945.07
529,273.72
AM-TEC TOTAL SECURITY - MONTHL 91.50
BEACH REPORTER LEGAL NOTICE OC 87.65
(2) SOLAR SPEED AWARENESS SIGN 9,996.25
WEEKLY SERVICE CHARGE 11/02 32.90
AMBULANCE & FIRE INSPECTION CO 5,705.68
MONTHLY CHARGES 10/3-11/4/24 1,019.91
INSTRUCTOR PAYMENT FOR TEACHIN 5,042.40
172 OCT'24 COMMUNITY DEVELOPME 2,422.50
15 - HYDRANT GUARD CHECK VALVE 34,113.90
CITY-WIDE STREET SWEEPING SERV 58,131.02
SOUTH BAY SPROUTS PAYMENT FOR 2,724.80
PACIFIC COAST ELEVATOR AND ESC 5,115.00
PACIFIC TRUCK - OUTFITTING FOR 39,108.64
OCT'24 MANHATTAN HEIGHTS PARK 18,240.00
FACILITY SUPPLIES-LOCKSET 45H- 974.55
OCT'24 MBB & SEPULVEDA IMPROVE 1,815.00
SEPT'24 POINSETTIA WASTEWATER 31,340.00
LOT 3 PRE-DEMO SURVEY ON-CALL 31,656.25
FINANCIAL AUDIT SERVICES - AME 31,650.00
MERCHANTS- LANDSCAPE MAINTENAN 62,312.04
20036-006-6 JUL'24 CYCLE 3 WAT 61,338.75
5/5-9/28/24 PECK CORROSION MIT 589.11
SEISMIC SURVEY LOT 3 14,000.00
2024 APA CA CHAPTER CONFERENCE 100.72
2024 APA CA CHAPTER CONFERENCE 17.00
EXECUTIVE RECRUITMENT SERVICES 11,702.50
2024 APA CA CHAPTER CONFERENCE 146.71
DRONE AS FIRST RESPONDER COURS 89.43
2024 APA CA CHAPTER CONFERENCE 257.94
CANDY FOR TRUNK OR TREAT EVENT 64.98
RED DOT TRANSITION COURSE 64.00
2024 APA CA CHAPTER CONFERENCE 66.75
DEPOSIT 669.00
NATIONAL PARKS & REC ASSOCIATI 445.76
LACPCA ADVANCED K9 SEMINAR 202 32.00
CCS- JANITORIAL CONTRACT SERVI 49,577.60
CHARTER COMMUNICATION-MONTHLY 148.96
DEKRA LITE- ON-CALL DECORATIVE 34,297.17
AMTEK CONSTRUCTION- ON-CALL EL 3,428.05
ADMINISTRATIVE INVESTIGATIVE 9,608.65
OCT'24 PIER RAILING REPLACEMEN 720.00
WARRANT #: AP111524

DESCRIPTION AMOUNT
F.I.T. S.I.T. AND MEDICARE 328.65
SUB-TOTAL : 328.65

CITY OF MANHATTAN BEACH

WARRANT REGISTER
WIRES

DESCRIPTION AMOUNT

Page 1 ends

City Council Meeting
December 17, 2024
111 of 226
Fund Fund Description
100 General Fund
201 Street Lighting & Landscape Fu
231 Prop. C Fund
233 Measure R
401 Capital Improvement Fund
501 Water Fund
502 Storm Drain Fund
503 Sewer Fund
520 Parking Fund
521 County Parking Lots Fund
522 State Pier and Parking Lot Fun
610 Fleet Management Fund
615 Building Maintenance & Operati
GRAND TOTAL:
16,690.43
529,273.72
31,643.68
33,472.45
2,144.83
17,374.73
39,108.64
1,815.00

87.65 40,196.25
98,167.55
32,210.43

CITY OF MANHATTAN BEACH

DISBURSEMENT BY FUND
DATED 11/15/2024
Amount
209,967.67
6,394.41
City Council Meeting
December 17, 2024
112 of 226

TYPE PAYEE NAME
W CMB RISK MGMT LIABILITY ACCT REIMBURSE LIAB ACCT OCTOBER 2024 179,705.95 W CMB RISK MGMT WORKERS COMP REIMBURSE W/ COMP OCTOBER 2024 383,099.76 W PUBLIC EMPLOYEES' RETIREMENT SYSTEM CALPERS CONTRIBUTION PE 11-01-

W CA PUBLIC EMPLOYEES' RETIRMENT SYSTEM MEDICAL INSURANCE PREMIUM - DE W PAYROLL TAXES PE 11-15-2024 - F.I.T./ S.I.T.

W CITY OF MANHATTAN BEACH PE 11-15-24 - FSA CONTRIBUTION SUB-TOTAL :

WARRANT #: AP112224

TYPE PAYEE NAME DESCRIPTION
P ACCO ENGINEERED SYSTEMS , INC. ACCO ENGINEERED - ON-CALL PLUM

P ADAMSON POLICE PRODUCTS BALLISTIC VEST

P ADMINSURE INC WC CLAIMS ADMINISTRATION

P AIR SOURCE INDUSTRIES INC MEDICAL & INDUSTRIAL GRADE GAS P ALL CITY MANAGEMENT SVCS CROSSING GUARD SERVICES 10/13-

P AMBER MOOERS INSTRUCTOR PAYMENT FOR POTTERY
P AT&T MOBILITY AT&T INVOICE SEPT 25- OCT 24,

P BEACH CITIES HEALTH DISTRICT SUBSTANCE ABUSE AND OPIOID REM P BODY & MIND COE DYNAMICS INC COEDYNAMICS FALL 2024 INVOICE

P BRENDA BITTNER BRENDA BITTNER PAYMENT FOR REC

P BRINKS INCORPORATED ARMORED CASH TRANSPORT (EXCESS

P BRIT WEST SOCCER INC BRIT WEST FALL SESSION I INVOI

P BUSINESS RECOVERY SERVICES REMOTE PAYMENT PROCESSING SERV P CA BLDG STANDARDS COMMISSION BSA FY22 Q3

P CAROL BROOKS INSTRUCTOR PAYMENT FOR JEWELRY

P CHARTER COMMUNICATIONS HOLDING LLC CABLE SERVICES

P CHARTER COMMUNICATIONS HOLDING LLC CABLE SERVICES
P CINTAS CORPORATION NO 640 AUTOMATED HAND SANITIZER STATI

P CONCENTRA HEALTH SERVICES INC BUNDLE FEE
P CORODATA RECORDS MANAGEMENT OFF-SITE RECORD STORAGE 10/1/2

P CSA SERVICE SOLUTIONS LLC MEDICAL DEVICE SERVICES
P CUSTOMER REFUND RETANA; CITE 75019999
P CUSTOMER REFUND BETTIS; CITE 69020070

P CUSTOMER REFUND PAID TWICE - FULL REFUND (BLDC
P CUSTOMER REFUND DOMINGUEZ; CITE 64019952
P CUSTOMER REFUND ELLMAN; CITE A0000159
P CUSTOMER REFUND APPEAL-24-00021 PARTIAL DEPOSI
P CUSTOMER REFUND PARTIAL REFUND BLDR-24-02848 D
P CUSTOMER REFUND DUFFY; CITE 64020199
P CUSTOMER REFUND RINARD; CITE 73017306
P CUSTOMER REFUND UB TEMP CONST. MTR REFUND - OP
P CUSTOMER REFUND REFUND FOR CSO FOR "OCHA" FILM
P CUSTOMER REFUND LENNON; CITE 76014034
P CUSTOMER REFUND REFUND ROW DEPOSIT / 613 29TH

10.00 465.00

53.00 1,500.00
1,037.70
550.00
4,886.82

53.00 3,869.00

84.00 500.00
2,769.96

53.00 53.00

67.06 64.00

46.97 250.00
308.21
182.78
5,583.90
421.75
2,249.00
1,632.00
685.35

50.55 6,672.94
18,182.84
1,360.64
5,126.00
162.90
29,491.57
AMOUNT
2,221.25
766.50
10,831.10
$ 1,853,271.35
378,851.09
557,471.22
343,312.23

CITY OF MANHATTAN BEACH

WARRANT REGISTER
WIRES

DESCRIPTION AMOUNT

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City Council Meeting
December 17, 2024
113 of 226

CITY OF MANHATTAN BEACH

WARRANT REGISTER
WARRANT #: AP112224

TYPE PAYEE NAME DESCRIPTION
P CUSTOMER REFUND PERMIT REFUND / 317 11TH ST
P CUSTOMER REFUND CABADA; CITE 63011590
P CUSTOMER REFUND REFUND MECH-24-00848 DUE TO AP
P CYNTHIA L CARVER SVEZIA BASIC TECHNIQUES IN DRAWING #4 P DAVEY COACH SALES LLC 23' - 10-PASSENGER NEW ENGLAND
P DEPARTMENT OF CONSERVATION SEISMIC FY 20 Q3 JAN-MAR 2020 P DEREK CRAWFORD MICROSOFT 365 TRAINING & CONSU

P DOERSCHEL & ASSOCIATES, LLC AV AND BROADCAST CONSULTING SE P DORIS USUI COMEDY IMPROV 43214, 43215, 43

P EDGAR SILVA INSTRUCTOR PAYMENT FOR ART CLA
P EMPLOYEE REFUND VENDOR 2024 APA CA CHAPTER CONFERENCE

P EMPLOYEE REFUND VENDOR REIMBURSEMENT OF EMPLOYEE WITH

P EMPLOYEE REFUND VENDOR POLICE BUDGET ACADEMY
P EMPLOYEE REFUND VENDOR 2024 APA CA CHAPTER CONFERENCE P EMPLOYEE REFUND VENDOR 2024 CATO CONFERENCE
P EMPLOYEE REFUND VENDOR 2024 CATO CONFERENCE
P EMPLOYEE REFUND VENDOR 2024 APA CA CHAPTER CONFERENCE

P EMPLOYEE REFUND VENDOR ORGANIZATIONAL WELLNESS COORDI

P EMPLOYEE REFUND VENDOR PATROL RIFLE COURSE

P EMPLOYEE REFUND VENDOR STRATEGIC COMMUNICATIONS INSTR

P EMPLOYEE REFUND VENDOR STRATEGIC COMMUNICATIONS INSTR P EMPLOYEE REFUND VENDOR PSHRA CONFERENCE 2024

P EMPLOYEE REFUND VENDOR PATROL RIFLE COURSE

P EMPLOYEE REFUND VENDOR NATIONAL PARKS & REC ASSOCIATI P EMPLOYEE REFUND VENDOR BASIC ACADEMY CLASS #261

P EMPLOYEE REFUND VENDOR NEOGOV IGNITE CONFERENCE

P EMPLOYEE REFUND VENDOR NATIONAL PARKS & REC ASSOCIATI P EMPLOYEE REFUND VENDOR CA CHIEFS CONFERENCE-HOTEL 10/

P EMPLOYEE REFUND VENDOR ANNUAL RESERVE PEACE OFFICERS
P EMPLOYEE REFUND VENDOR 2024 CATO CONFERENCE

P EMPLOYEE REFUND VENDOR LEAGUE OF CA CITIES ANNUAL CON

P EMPLOYEE REFUND VENDOR ICI HOMICIDE AND DEATH INVESTI

P EMPLOYEE REFUND VENDOR STRATEGIC COMMUNICATIONS INSTR

P EMPLOYEE REFUND VENDOR NEOGOV IGNITE CONFERENCE

P EMPLOYEE REFUND VENDOR LEAGUE OF CA CITIES ANNUAL CON

P EMPLOYEE REFUND VENDOR NEOGOV IGNITE CONFERENCE
P EMPLOYEE REFUND VENDOR 2024 CATO CONFERENCE

P EMPLOYEE REFUND VENDOR STRATEGIC COMMUNICATIONS INSTR

P EMPLOYEE REFUND VENDOR REIMBURSEMENT - TRAVEL EXPENSE

P EMPLOYEE REFUND VENDOR RED DOT SIGHT PISTOL TRANSITIO

P ENVIRO FLOW INC FLOW METER CALIBRATION PER LAC
P FEDERAL EXPRESS CORPORATION CUST REF.: EMY-ROSE HANNA

94.83 1,484.50

8.97 343.00
301.00

40.84 288.17

33.44 151.50
103.69

80.00 188.67
440.32
158.58
343.00
8,265.25
1,018.63
324.42
1,993.20
313.89
1,853.78
138.32
141.38
345.89
277.67
467.66
362.18
231.20
343.00
503.80
168.50
583.52

60.18 625.00
1,366.25
2,448.53
407,730.92
4,918.26
14,443.49

53.00 234.50
1,012.50
AMOUNT
1,697.00

Page 2 ends

City Council Meeting
December 17, 2024
114 of 226

CITY OF MANHATTAN BEACH

WARRANT REGISTER
WARRANT #: AP112224

TYPE PAYEE NAME DESCRIPTION

P FRANCHISE TAX BOARD EMPLOYEE WITHHOLDING

P FRANCHISE TAX BOARD EMPLOYEE WITHHOLDING
P ARMENA JEHANIAN NOVEMBER 2024 CHEF ARM COOKING
P FRONTIER CALIFORNIA INC MONTHLY SERVICES 11/7-12/6/24

P GEOSYNTEC CONSULTANTS INC PROJECT MANAGEMENT BEACH CITIE P HADRONEX INC INSTALLATION & MAINT. OF SEWER

P HDL COREN & CONE PROPERTY TAX REPORTING OCT-DEC

P HONEYWELL INTERNATIONAL INC BUILDING SOLUTIONSHONEYWELL - MECHANICAL & ELECT P INFOSEND INC POSTAGE - OCTOBER 2024
P JASON ADDISON SMITH CONSULTING SERVICES INCCONTRACT LABOR-JACK LEONARD 8/

P JAYNE JUSTICE FALL SESSION I INVOICE
P RAJENDRAN SATHIKUMARI KARUN KUMAR FALL 2024 SESSION I YOGA INVOI

P KATE TATSUMI INSTRUCTOR PAYMENT FOR TEACHIN

P KATHRYN HILLIER INSTRUCTOR PAYMENT FOR TEACHIN
P L A COUNTY SHERIFFS DEPT INMATE MEAL SERVICE 09/01-09/3 P LIVEVIEW TECHNOLOGIES INC MONTHLY LVL 3 SUBSCRIPTION-NOV P THE LOVEJOY FOUNDATION DEAD ANIMAL SERVICE JUNE – OCT

P LOWELL NICKEL INSTRUCTOR PAYMENT FOR TEACHIN

P LUCY CUI INSTRUCTOR PAYMENT FOR TEACHIN

P M B POLICE OFFICERS ASSOCIA MBPOA DUES
P MARC RICHARD COHEN EMS MEDICAL DIRECTOR 10/1-10/3

P MAUREEN DAVIS HATHA YOGA FALL SESSION I INVO

P MBUSD JOINT USE AGREEMENT FOR MBUSD

P DANIEL MCCORMICK DAN MCCORMICK FALL LESSONS

P MCGOWAN CONSULTING LLC BEACH CITIES WATERSHED MANAGEM P MCKENDRY DOOR SALES, INC. MCKENDRY - COMMERCIAL DOOR MAI

P NAVIA BENEFIT SOLUTIONS INC PARTICIPANT FEE
P NICHOLAS S DIMATTEO FALL 2024 SESSION I VOLLEYBALL
P NICOLA BOWIE DANCE. FLOW 'N FUN INVOICE #43

P OCCU HEALTH CENTERS OF CA PRE-EMPLOYMENT MEDICAL

P PACIFIC COAST ELEVATOR CORP PACIFIC COAST ELEVATOR AND ESC

P REGENTS UNIVERSITY OF CALIFORNIA LOS ANGELESNURSE EDUCATOR CONTRACT P RICARDO ANTONIO RAMIREZ COMEDY IMPROV 43214, 43215, 43

P SACRAMENTO POLICE DEPARTMENT REGISTRATION-DRIVER INSTRUCTOR

P SAVANT SOLUTIONS IN ARCTIC WOLF MANAGED DETECTION

P SELECTIVE GIFT INSTITUTE EMPLOYEE SERVICE AWARD
P SETH KELLER FALL 2024 BASKETBALL INVOICE

P SOLOMON NIMAKO GIS MAPPING & SUPPORT SERVICES
P SOUTHERN CALIFORNIA EDISON MONTHLY CHARGES 10/8-11/5/24 P SOUTHERN CALIFORNIA EDISON MONTHLY CHARGES 10/1-11/3/24 P SOUTHERN CALIFORNIA GAS CO MONTHLY CHARGES 10/1-10/31/24

P STATE DISBURSEMENT UNIT EMPLOYEE WITHHOLDING
P STATE DISBURSEMENT UNIT EMPLOYEE WITHHOLDING 73.84 65,730.18
6,475.32
160.15
1,512.50
6,930.00
2,196.42
1,969.00
116,570.00

54.75 1,560.00
3,030.15
1,366.25
8,865.00
945.00
1,545.00
31,163.50
1,932.00
427.80
4,513.60
77,492.08
5,674.50
1,470.70
3,884.21
4,500.00
2,246.25
1,443.25
4,832.30
1,633.50
7,542.15
452.39
11,715.00
710.00
1,092.00
3,864.03
13,268.00
4,246.95
521.70
32,720.93
54,983.00
AMOUNT
275.00
1,083.94
600.00

Page 3 ends

City Council Meeting
December 17, 2024
115 of 226

CITY OF MANHATTAN BEACH

WARRANT REGISTER
WARRANT #: AP112224

TYPE PAYEE NAME DESCRIPTION

P STATE DISBURSEMENT UNIT EMPLOYEE WITHHOLDING

P STATE DISBURSEMENT UNIT EMPLOYEE WITHHOLDING
P THE CODE GROUP INC VCA PLAN CHECK OCTOBER 2024
P TRAPEZE SOFTWARE GROUP INC DECEMBER 2024 MONTHLY HOSTING

P TURBO DATA SYSTEMS INC CITATION PROCESSING
P U.S. BANK PARS

P UKG KRONOS SYSTEMS LLC WORKFORCE MANAGEMENT SOLUTIONS

P UNIFIRST CORPORATION UNIFORM AND SAFETY MAT RENTAL-
P UNITED SITE SVCS OF CA INC 2024 PUMPKIN RACE RESTROOM AND P VERIZON CALIFORNIA INC ALPR LINES FOR 9/24-10/23/24
P VERTIGIS NORTH AMERICA LTD INTERACTIVE MAPPING UPGRADE 10

P WALKER CONSULTANTS CITY PARKING MANAGEMENT STUDY

P WALTERS WHOLESALE ELECTRIC CO WALTERS WHOLESALE- FACILITIES P WASTE MANAGEMENT INC WASTE CHARGES 10/01-10/31/24
P WATER REPLENISHMENT DISTRICT WELL PRODUCTION - SEPTEMBER 20

P WEST COAST TENNIS CAMPS INC KEVIN BRADY TENNIS LESSONS FAL

P WESTERN AUDIO VISUAL CORP COUNCIL CHAMBERS A/V & BROADCA

P WILLDAN FINANCIAL SERVICES COMPREHENSIVE USER FEE AND CAP T ADVANCED IMAGING STRATEGIES 5YR MULTIFUNCTION COPIERS & PR T CA NEWSPAPER PARTNERSHIP BEACH REPORTER OCT.2024

T DIXON RESOURCES UNLIMITED MUNICIPAL PARKING OPERATIONS C T ICMA RC PLAN# 300548 PE 11-15-24 457 CONTRIBUTION A
T ICMA RC PLAN# 109365 401A DEFERRED COMP CONTRIBUTIO
T ICMA RC PLAN# 109766 PE 11-15-24 DEFERRED COMP 401A
T ICMA RC PLAN# 803485 PE 11-15-24 - RHS CONTRIBUTION

T IPS GROUP INC PARKING METER FEES, PARTS & LA

T M B POLICE MGMT ASSC MBPMA DUES
T MANHATTAN BEACH FIREFIGHTERS ASSOCIATIONPE 11-15-24 - MBFA DUES

T MELAD AND ASSOCIATES INC CONTRACT PLAN CHECK- BILL TARI

T PORAC RETIREE MEDICAL TRUST PORAC MEDICAL TRUST
T WEST BASIN MUNICIPAL WATER DIS OCTOBER 2024 - WATER DELIVERED TOTAL WARRANT(S): $ 4,030,145.85
3,750.00
732,861.04
SUB-TOTAL WARRANT AP112224: 2,176,874.50
630.00
2,729.38
35,606.53
17,942.36
1,605.62
43,530.45
4,595.00
74,464.35
1,729.74
6,459.00
1,857.12
2,809.45
2,635.11
25,891.13
101,964.94
31,207.50
9,069.17
288.40
5,390.32
1,640.81
2,507.50
4,911.71
630.00
2,044.48
AMOUNT
1,237.50
576.70
12,906.82
680.76
2,056.15

Page 4 ends

City Council Meeting
December 17, 2024
116 of 226
Fund Fund Description
100 General Fund
201 Street Lighting & Landscape Fu
211 Police Safety Grants Fund
230 Prop. A Fund
401 Capital Improvement Fund
501 Water Fund
502 Storm Drain Fund
503 Sewer Fund
520 Parking Fund
521 County Parking Lots Fund
522 State Pier and Parking Lot Fun
601 Insurance Reserve Fund
605 Information Technology Fund
610 Fleet Management Fund
615 Building Maintenance & Operati
GRAND TOTAL:
141,075.99

99.83 37,816.05
$ 4,030,145.85
64,966.15
72,850.54
9,358.39
1,121.93
567,995.71
2,246.25
408,518.40
8,881.55
757,382.18
66,154.77

CITY OF MANHATTAN BEACH

DISBURSEMENT BY FUND
DATED 11/22/2024
Amount
1,886,868.90
4,809.21
City Council Meeting
December 17, 2024
117 of 226

TYPE PAYEE NAME

P ARDURRA GROUP INC

P AT&T MOBILITY

P BEACH CITIES HEALTH DISTRICT

P CHARTER COMMUNICATIONS HOLDING LLC

P CUSTOMER REFUND

P DISABILITY ACCESS CONSULTANTS

P DOUGLAS DECASTRO

P EMPLOYEE REFUND VENDOR

P FRONTIER CALIFORNIA INC

P GALLS PARENT HOLDINGS LLC

P GVP VENTURES INC

P HAAKER EQUIPMENT COMPANY

P KEYSER MARSTON ASSOCIATES INC

P LIEBERT CASSIDY WHITMORE

P LOCALITY MEDIA INC

P NANCY K BOHL INCORPORATED

P PACIFIC COAST ELEVATOR CORP

P PAUL HANSEN
P RAMCO GENERAL ENGINEERING CONTRACTORS, INC.

P ROSEMARY A LACKOW

P SA ASSOCIATES

P SELECTIVE GIFT INSTITUTE

P SOUTHERN CALIFORNIA GAS CO

P SUPERIOR COURT OF CA-CO OF LA
MONTHLY CHARGES 10/1-11/1/24 129.08
CITATION SURCHARGE - OCTOBER 2 73,701.74
COMMISSION AND SAC MINUTES 752.00
OCT'24 ART IN PUBLIC PLACES PR 1,732.50
EMPLOYEE SERVICE AWARD 27.38
PACIFIC COAST ELEVATOR MAINTEN 3,007.60
OCT'24 SENIOR/SCOUT HOUSE 165.00
9/27-11/15/24 CERAMICS STUDIO 27,407.95
LEGAL SERVICES FOR EMPLOYMENT 10,746.00
DATA COLLECTION & PRE-INCIDENT 16,466.63
EMPLOYEE SUPPORT SERVICES OCTO 250.00
EXECUTIVE RECRUITMENT SERVICES 5,127.34
HAAKER EQUIPMENT - SWEEPER REP 636.69
FISCAL ANALYSIS & GROUND LEASE 1,180.00
2024 CMRTA CONFERENCE 122.21
MONTHLY SERVICES 11/7-12/6/24 553.64
FIRE DEPT UNIFORM SUPPLIER 311.46
DUI SEMINAR LAGUNA WOODS 446.54
HOTEL ROOMS FOR MOUNTAIN FIRE 354.00
INTIME UNIVERSITY 2024 214.50
STRATEGIC COMMUNICATIONS INSTR 164.95
BAG PIPES FOR BADGE CEREMONY 250.00
MOTOR INSTRUCTOR COURSE 64.00
HEARING EXAMINER TRAINING 42.21
TRAFFIC SAFETY SUMMIT 53.20
FIRE INSTRUCTOR 1 CERT-ONLINE 100.00
CA BUILDING OFFICIALS EDUCATIO 37.15
CRISIS NEGOTIATIONS CONFERENCE 401.36
NATIONAL PARKS & RECREATION AS 1,545.90
PSPSA 2024 ANNUAL CONFERENCE 364.00
CA BUILDING OFFICIALS EDUCATIO 10.00
CA BUILDING OFFICIALS EDUCATIO 111.12
HEARING EXAMINER TRAINING 64.23
RADAR OPERATOR COURSE 98.37
RADAR-LASER OPERATOR (LIDAR) 32.79
CA BUILDING OFFICIALS EDUCATIO 98.26
ICC BUILDING CODES EXAM 200.00
PSPSA 2024 ANNUAL CONFERENCE 364.00
ATTEND THE ICMA ANNUAL CONFERE 605.81
CRISIS NEGOTIATIONS CONFERENCE 818.34
MUNICIPAL CLERKS INSTITUTE (CM 407.08
10/29-10/31/24 ADA TRANSITION 540.00
VETERANS DAY BANNER 1,154.53
PC 832 LAWS OF ARREST COURSE 150.55
SUBSTANCE ABUSE AND OPIOID REM 2,662.96
MONTHLY CHARGES 11/20-12/19/24 237.67
OVERPAYMENT; PT PD IN ERROR; I 3,537.00
JULY'24 ON-CALL PROJECT MANAGE 39,159.82
CELL PHONES 3,817.57
SCADA SERVICE - WATER, WASTEWA 333.00

CITY OF MANHATTAN BEACH

WARRANT REGISTER
WARRANT #: AP112924

DESCRIPTION AMOUNT

Page 1 ends

City Council Meeting
December 17, 2024
118 of 226

CITY OF MANHATTAN BEACH

WARRANT REGISTER

TYPE PAYEE NAME

P UNITED PARCEL SERVICE

P VEOLIA WTS SERVICES USA INC

P VISION SERVICE PLAN - (CA)

P WECK ANALYTICAL ENVIRONMENTAL SERVICES INC

P WESTCHESTER MEDICAL GROUP

P WESTERN AUDIO VISUAL CORP

P WILLDAN FINANCIAL SERVICES

T ADVANCED IMAGING STRATEGIES

T IPS GROUP INC
TOTAL WARRANT(S): 237,674.91
WARRANT #: AP112924

DESCRIPTION AMOUNT
5YR MULTIFUNCTION COPIERS & PR 15,101.17
SINGLE-SPACE PARKING METER REP 742.40
SUB-TOTAL WARRANT AP112924: 237,674.91
MEDICAL SERVICES 10,245.00
JOSLYN AUDIO SYSTEM REPAIRS 6,945.38
COMPREHENSIVE USER FEE AND CAP 2,745.00
RENTAL, DI, MIX BED, 1.6 46.03
VISION COBRA PREMIUMS - DEC 20 26.65
LABORATORY SERVICES FOR WATER 966.45
WEEKLY SERVICE CHARGE 11/09 98.70

Page 2 ends

City Council Meeting
December 17, 2024
119 of 226
Fund Fund Description
100 General Fund
230 Prop. A Fund
234 Measure M
401 Capital Improvement Fund
501 Water Fund
502 Storm Drain Fund
503 Sewer Fund
520 Parking Fund
605 Information Technology Fund
610 Fleet Management Fund
615 Building Maintenance & Operati
802 Special Deposits Fund
GRAND TOTAL: 237,674.91
913.06
7,192.04
901.04
8,457.63
1,732.50
540.00
32,452.95
2,241.64
111.00
529.55

CITY OF MANHATTAN BEACH

DISBURSEMENT BY FUND
DATED 11/29/2024
Amount
182,183.66
419.84
City Council Meeting
December 17, 2024
120 of 226
CHECK # DATE
560517 11/27/2024
GRAND TOTAL VOIDS: 669.00

CITY OF MANHATTAN BEACH

VOIDED CHECK LISTING

VENDOR NAME VOID AMOUNT
DORALINDA PAULAR CORDTS 669.00
City Council Meeting
December 17, 2024
121 of 226
Fund Fund Description
100 General Fund
210 Asset Forfeiture Fund
230 Prop. A Fund
501 Water Fund
502 Storm Drain Fund
503 Sewer Fund
520 Parking Fund
521 County Parking Lots Fund
522 State Pier and Parking Lot Fun
601 Insurance Reserve Fund
605 Information Technology Fund
610 Fleet Management Fund
615 Building Maintenance & Operati
801 Pension Trust Fund
GRAND TOTAL:

LESS: PAYROLL DEDUCTIONS

NET PAYROLL
28,986.73
8,188.02
1,951,047.49
(631,890.33)
1,319,157.16
2,661.96
2,031.29
16,427.51
49,104.56
8,543.06
13,661.29
57,710.56
6,808.60
25,065.09
9,497.70

CITY OF MANHATTAN BEACH

DISBURSEMENT BY FUND
DATED 11/01/2024
Amount
1,719,231.91
3,129.21
City Council Meeting
December 17, 2024
122 of 226
Fund Fund Description
100 General Fund
210 Asset Forfeiture Fund
230 Prop. A Fund
501 Water Fund
502 Storm Drain Fund
503 Sewer Fund
520 Parking Fund
521 County Parking Lots Fund
522 State Pier and Parking Lot Fun
601 Insurance Reserve Fund
605 Information Technology Fund
610 Fleet Management Fund
615 Building Maintenance & Operati
801 Pension Trust Fund
GRAND TOTAL:

PAYROLL DEDUCTIONS

NET PAYROLL
30,045.51
8,188.02
1,880,278.70
599,112.25
$ 1,281,166.45
2,797.24
2,197.06
16,427.53
51,662.15
9,490.15
15,045.51
58,473.82
6,122.07
25,328.36
10,797.87

CITY OF MANHATTAN BEACH

DISBURSEMENT BY FUND
DATED 11/15/2024
Amount
1,641,211.64
2,491.77
City Council Meeting
December 17, 2024
123 of 226

CITY OF MANHATTAN BEACH
Portfolio Management
October 1, 2024 through October 31, 2024
Portfolio Summary
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
MaturityTerm
YTM
360 Equiv.

YTM
365 Equiv.

LAIF 26,517,532.23 123.35 4.456126,517,532.2326,517,532.23 4.518 Medium Term Notes 21,099,477.26 1,65618.58 4.0071,13521,150,930.0022,000,000.00 4.062 Federal Agency Issues - Coupon 20,830,920.39 1,52818.34 3.53488720,785,000.0021,000,000.00 3.583 Treasury Securities - Coupon 45,127,299.65 1,60939.73 2.38278144,313,270.0046,000,000.00 2.415 113,575,229.53 100.00%
Investments
112,766,732.23115,517,532.23 1,228 684 3.379 3.426
Cash
(not included in yield calculations)
Passbook/Checking 1,771,150.01 1 0.00011,771,150.011,771,150.01 0.000 115,346,379.54Total Cash and Investments 114,537,882.24117,288,682.24 1,228 684 3.379 3.426 Current Year
October 31
254,915.39
Fiscal Year To Date
1,092,399.93
Total Earnings Month Ending
__________________________________________________ ____________________

CITY OF MANHATTAN BEACH,
Portfolio CITY
CP
Reporting period 10/01/2024-10/31/2024
Run Date: 12/09/2024 - 16:21 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
City Council Meeting
December 17, 2024
124 of 226
YTM
365

Page 1 ends

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2024
Portfolio Details - Investments
Issuer
Portfolio Management

CITY OF MANHATTAN BEACH
Days to
MaturityS&PCUSIP Investment #
Purchase
Date
LAIF

4.518Local Agency Invest. Fund3000 26,517,532.23 26,517,532.23 4.51826,517,532.23SYS3000 1 26,517,532.2326,517,532.2326,517,532.23Subtotal and Average 4.518 1 Medium Term Notes

4.905APPLE INCMTN0112 1,000,000.00 943,931.65 09/12/20272.90010/25/2022 962,980.00 AA+037833DB3 1,045

4.171APPLE INCMTN0121 1,000,000.00 992,446.00 05/10/20284.00006/12/2023 991,260.00 AA+037833ET3 1,286

1.963AMAZON.COM LLCMTN0111 1,000,000.00 981,907.34 05/12/20261.00002/24/2022 951,620.00 AA023135BX3 557

4.282AMAZON.COM LLCMTN0116 1,000,000.00 966,354.70 08/22/20273.15002/09/2023 967,860.00 AA023135BC9 1,024

4.342AMAZON.COM LLCMTN0129 1,000,000.00 962,290.00 04/13/20293.45007/12/2024 963,510.00023135CG9 1,624

4.410BANK OF NY MELLOMTN0118 1,000,000.00 967,997.71 01/29/20283.40004/14/2023 967,510.00 A06406RAF4 1,184

4.690COLGATE-PALM COMTN0123 2,000,000.00 1,992,460.00 03/01/20284.60007/10/2023 2,028,960.00 AA-194162AR4 1,216

3.743COSTCO COMPANIESMTN0117 1,000,000.00 931,869.54 06/20/20271.37504/14/2023 926,420.00 A+22160KAN5 961

3.765COSTCO COMPANIESMTN0119 1,000,000.00 931,086.17 06/20/20271.37504/18/2023 926,420.00 A+22160KAN5 961

4.593Johnson & JohnsonMTN0113 1,000,000.00 896,074.87 09/01/20270.95010/25/2022 914,340.00 AAA478160CP7 1,034

3.880Johnson & JohnsonMTN0114 1,000,000.00 911,850.46 09/01/20270.95012/22/2022 914,340.00 AAA478160CP7 1,034

4.374COCA-COLA COMTN0124 1,000,000.00 882,607.15 03/15/20281.00007/10/2023 898,600.00 A+191216DD9 1,230

3.556COCA-COLA COMTN0126 1,000,000.00 896,438.27 03/15/20281.00002/05/2024 898,600.00 A+191216DD9 1,230

4.163MICROSOFT CORPMTN0115 1,000,000.00 978,929.29 02/06/20273.30012/22/2022 980,020.00 AAA594918BY9 827

0.950MERCK & CO INCMTN0110 1,000,000.00 991,420.00 02/24/20260.75010/05/2021 955,080.00 A+58933YAY1 480

4.210MERCK & CO INCMTN0120 1,000,000.00 992,917.00 05/17/20284.05006/12/2023 991,970.00 A+58933YBH7 1,293

5.044PepsicoMTN0125 1,000,000.00 980,093.27 05/15/20284.45011/02/2023 1,004,410.00 A+713448FR4 1,291

4.493TOYOTA MOTOR CREDITMTN0127 1,000,000.00 1,008,418.76 01/05/20294.65002/05/2024 1,002,060.0089236TLL7 1,526

4.650TOYOTA MOTOR CREDITMTN0130 1,000,000.00 1,000,000.00 01/05/20294.65007/12/2024 1,002,060.0089236TLL7 1,526

4.183WALMART INCMTN0122 1,000,000.00 937,273.08 09/17/20261.05006/12/2023 942,690.00 AA931142ER0 685

4.349WALMART INCMTN0128 1,000,000.00 953,112.00 07/08/20293.25007/12/2024 960,220.00931142EN9 1,710 21,099,477.2621,150,930.0022,000,000.00Subtotal and Average 4.062 1,135 Federal Agency Issues - Coupon

3.850FARMER MACFAC0304 1,000,000.00 1,000,000.00 02/14/20283.85002/14/2023 989,600.0031422XW99 1,200

1.870FED FARM CR BKFAC0294 1,000,000.00 997,642.00 08/22/20251.80002/24/2022 980,380.00 AA+3133ENPX2 294

2.747FED FARM CR BKFAC0296 2,000,000.00 2,021,594.07 03/22/20273.15004/11/2022 1,955,020.00 AA+3133EJDV8 871

3.250FED FARM CR BKFAC0301 1,000,000.00 991,127.44 11/18/20240.87506/17/2022 998,190.003133ENEJ5 17

4.550FED FARM CR BKFAC0303 1,000,000.00 998,356.00 07/27/20264.50010/27/2022 1,005,780.003133ENV72 633

4.860FED FARM CR BKFAC0309 1,000,000.00 1,000,600.00 11/01/20284.87511/02/2023 1,024,280.00 AA+3133EPA47 1,461

4.527FED FARM CR BKFAC0311 2,000,000.00 2,023,573.04 04/30/20294.75005/08/2024 2,043,600.003133ERDH1 1,641

1.871Federal Home Loan BankFAC0293 1,000,000.00 995,852.00 09/12/20251.75002/24/2022 978,150.00 AA+3130A8ZQ9 315 Portfolio CITY
CP
Run Date: 12/09/2024 - 16:21 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
City Council Meeting
December 17, 2024
125 of 226
YTM
365

Page 2 ends

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2024
Portfolio Details - Investments
Issuer
Portfolio Management

CITY OF MANHATTAN BEACH
Days to
MaturityS&PCUSIP Investment #
Purchase
Date
Federal Agency Issues - Coupon

4.343Federal Home Loan BankFAC0302 1,000,000.00 934,623.29 06/12/20260.87510/24/2022 948,450.003130AN4T4 588

4.048Federal Home Loan BankFAC0306 1,000,000.00 975,013.99 03/12/20273.00006/12/2023 973,830.00 AA+3130A3DU5 861

4.483Federal Home Loan BankFAC0307 1,000,000.00 984,533.05 06/09/20284.00007/10/2023 993,380.00 AA+3130AWC24 1,316

4.861Federal Home Loan BankFAC0308 1,000,000.00 995,280.00 09/08/20284.75011/02/2023 1,019,340.00 AA+3130AXEL8 1,407

4.514Federal Home Loan BankFAC0310 2,000,000.00 2,013,840.13 03/09/20294.62505/09/2024 2,033,520.003130B13J4 1,589

2.722Federal Home Loan MortgageFAC0298 2,000,000.00 1,943,414.62 09/23/20250.37505/13/2022 1,931,100.00 AA+3137EAEX3 326

3.597Fannie MaeFAC0305 1,000,000.00 915,277.45 10/08/20270.75004/14/2023 907,480.003135G05Y5 1,071

1.763Tennessee Valley AuthorityFAC0295 1,000,000.00 990,779.81 05/15/20250.75002/24/2022 979,970.00 AA+880591EW8 195

2.894Tennessee Valley AuthorityFAC0299 1,000,000.00 1,049,413.50 11/01/20256.75005/13/2022 1,022,930.00 AA+880591CJ9 365 20,830,920.3920,785,000.0021,000,000.00Subtotal and Average 3.583 887 Treasury Securities - Coupon

0.561US TREASURYUST0036 1,000,000.00 996,637.25 06/30/20250.25005/28/2021 973,180.00912828ZW3 241

0.591US TREASURYUST0039 1,000,000.00 996,542.18 06/30/20250.25008/11/2021 973,180.00912828ZW3 241

1.058US TREASURYUST0047 1,000,000.00 992,734.35 05/31/20250.25012/08/2021 976,060.00912828ZT0 211

1.001US TREASURYUST0051 1,000,000.00 1,003,906.25 02/28/20251.12512/09/2021 988,860.00912828ZC7 119

2.665US TREASURYUST0054 2,000,000.00 1,942,665.19 01/31/20271.50004/08/2022 1,887,580.00912828Z78 821

3.287US TREASURYUST0057 1,000,000.00 962,656.44 08/15/20261.50006/17/2022 954,410.009128282A7 652

3.285US TREASURYUST0059 1,000,000.00 975,290.12 05/15/20272.37509/01/2022 957,850.00912828X88 925

3.295US TREASURYUST0060 1,000,000.00 975,011.88 05/15/20272.37509/01/2022 957,850.00912828X88 925

3.241US TREASURYUST0062 1,000,000.00 922,684.54 06/30/20270.50009/01/2022 909,060.00912828ZV5 971

4.180US TREASURYUST0064 1,000,000.00 940,644.20 10/31/20261.62510/25/2022 951,950.00912828YQ7 729

3.747US TREASURYUST0066 1,000,000.00 954,216.88 08/15/20272.25002/09/2023 950,590.009128282R0 1,017

0.576US TREASURYUST0037 2,000,000.00 1,992,499.32 07/31/20250.25005/28/2021 1,939,780.0091282CAB7 272

0.620US TREASURYUST0038 1,000,000.00 995,505.14 08/31/20250.25005/28/2021 966,410.0091282CAJ0 303

0.601US TREASURYUST0040 1,000,000.00 996,228.70 07/31/20250.25008/11/2021 969,890.0091282CAB7 272

0.586US TREASURYUST0041 1,000,000.00 995,729.88 08/31/20250.25008/11/2021 966,410.0091282CAJ0 303

0.658US TREASURYUST0042 1,000,000.00 995,884.44 11/30/20250.37508/09/2021 958,630.0091282CAZ4 394

0.681US TREASURYUST0043 1,000,000.00 995,194.98 07/31/20250.25010/05/2021 969,890.0091282CAB7 272

0.707US TREASURYUST0044 2,000,000.00 1,986,800.82 10/31/20250.25010/05/2021 1,921,080.0091282CAT8 364

0.907US TREASURYUST0045 1,000,000.00 992,500.00 08/31/20260.75010/05/2021 940,000.0091282CCW9 668

0.892US TREASURYUST0046 1,000,000.00 994,414.00 07/31/20260.62510/05/2021 940,430.0091282CCP4 637

1.191US TREASURYUST0048 1,000,000.00 991,815.34 05/31/20260.75012/09/2021 947,460.0091282CCF6 576

1.176US TREASURYUST0049 1,000,000.00 993,675.72 06/30/20260.87512/09/2021 946,950.0091282CCJ8 606

1.210US TREASURYUST0050 1,000,000.00 992,487.39 09/30/20260.87512/09/2021 940,040.0091282CCZ2 698

1.678US TREASURYUST0052 2,000,000.00 1,961,979.95 09/30/20250.25002/24/2022 1,927,100.0091282CAM3 333 Portfolio CITY
CP
Run Date: 12/09/2024 - 16:21 PM (PRF_PM2) 7.3.11
City Council Meeting
December 17, 2024
126 of 226
YTM
365

Page 3 ends

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
October 31, 2024
Portfolio Details - Investments
Issuer
Portfolio Management

CITY OF MANHATTAN BEACH
Days to
MaturityS&PCUSIP Investment #
Purchase
Date
Treasury Securities - Coupon

2.581US TREASURYUST0053 1,000,000.00 965,661.46 10/31/20261.12504/08/2022 942,270.0091282CDG3 729

2.750US TREASURYUST0055 1,000,000.00 996,500.00 04/15/20252.62505/16/2022 992,040.0091282CEH0 165

3.187US TREASURYUST0056 1,000,000.00 946,618.08 07/31/20260.62506/17/2022 940,430.0091282CCP4 637

3.302US TREASURYUST0058 1,000,000.00 947,668.91 09/30/20260.87506/17/2022 940,040.0091282CCZ2 698

3.300US TREASURYUST0061 1,000,000.00 997,755.04 06/30/20273.25009/01/2022 978,090.0091282CEW7 971

3.309US TREASURYUST0063 1,000,000.00 984,738.49 07/31/20272.75009/01/2022 964,260.0091282CFB2 1,002

3.787US TREASURYUST0065 1,000,000.00 969,708.53 07/31/20272.75012/22/2022 964,260.0091282CFB2 1,002

3.804US TREASURYUST0067 2,000,000.00 1,982,503.95 01/31/20283.50002/09/2023 1,961,480.0091282CGH8 1,186

4.816US TREASURYUST0068 1,000,000.00 985,413.83 08/31/20284.37511/01/2023 1,007,310.0091282CHX2 1,399

3.750US TREASURYUST0069 2,000,000.00 2,020,691.46 01/31/20294.00002/02/2024 1,987,040.0091282CJW2 1,552

4.430US TREASURYUST0070 1,000,000.00 992,220.00 02/28/20294.25005/08/2024 1,003,560.0091282CKD2 1,580

4.474US TREASURYUST0071 1,000,000.00 987,053.69 03/31/20294.12505/08/2024 998,360.0091282CKG5 1,611

4.421US TREASURYUST0072 1,000,000.00 1,009,000.00 04/30/20294.62505/08/2024 1,018,950.0091282CKP5 1,641

4.123US TREASURYUST0073 1,000,000.00 940,330.00 05/31/20292.75007/12/2024 941,130.0091282CES6 1,672

4.147US TREASURYUST0074 1,000,000.00 961,700.00 06/30/20293.25007/12/2024 961,210.0091282CEV9 1,702

4.062US TREASURYUST0075 1,000,000.00 892,031.25 10/31/20281.37507/12/2024 898,200.0091282CDF5 1,460 45,127,299.6544,313,270.0046,000,000.00Subtotal and Average 2.415 781 Total and Average 115,517,532.23 3.426 684112,766,732.23 113,575,229.53 Portfolio CITY
CP
Run Date: 12/09/2024 - 16:21 PM (PRF_PM2) 7.3.11
City Council Meeting
December 17, 2024
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YTM
365

Page 4 ends

Par Value Book Value
Stated
RateMarket Value
October 31, 2024
Portfolio Details - Cash
Issuer
Portfolio Management

CITY OF MANHATTAN BEACH
Days to
MaturityS&PCUSIP Investment #
Purchase
Date
Money Market Fund

0.000UNION BANK39901 1,771,150.01 1,771,150.011,771,150.01SYS39903-39902 1 Subtotal and Average
Total Cash and Investments 117,288,682.24 3.426 684
1 114,537,882.24 115,346,379.54
Portfolio CITY
CP
Run Date: 12/09/2024 - 16:21 PM (PRF_PM2) 7.3.11
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City of Manhattan Beach
Investment Portfolio Summary
As of October 31, 202
4 PORTFOLIO PROFILE Oct 31, 2024 Sep 30, 2024 Aug 31, 2024 Jul 31, 2024 Jun 30, 2024 Total Book Value (Excluding Trust Funds) $113,575,230 $116,590,715 $116,588,909 $127,590,866 $133,526,549 Increase/(Decrease) from Prior Period (3,015,485) 1,806 (11,001,958) (5,935,682) (1,697,740) Percentage Change (2.6%) 0.0% (8.6%) (4.4%) (1.3%)
Average Yield to Maturity (365 Days) 3.426% 3.343% 3.273% 3.258% 3.238% Increase/(Decrease) from Prior Period 0.083% 0.070% 0.014% 0.021% 0.059%

PORTFOLIO ALLOCATIONS
By Security Value (Par) Percent Par YTM Time Horizon Percent LAIF* $26,517,532 22.96% 4.518% Next 12 months 41%
Medium Term Notes 22,000,000 19.0% 4.062% Months 13-24 15% Federal Agencies 21,000,000 18.2% 3.583% Months 25-36 17% U.S. Treasuries 46,000,000 39.8% 2.415% Months 37-48 13% Total $115,517,532 100.0% 3.424% Months 49-60 14%
*LAIF YTM as of October 31, 2024 BAD Total 100.0%

RECENT ACTIVITY
Security Date of Activity Maturity Date Purchase (Par) Maturing/Call YTM
WMT - 3.25% Coupon 7/12/2024 7/8/2029 1,000,000 4.349%
AMZN - 3.45% Coupon 7/12/2024 4/13/2029 1,000,000 4.342% TOYOTA - 4.65% Coupon 7/12/2024 1/5/2029 1,000,000 4.650% T - 4.11% Coupon 7/12/2024 5/31/2029 1,000,000 4.123%
T - 4.11% Coupon 7/12/2024 6/30/2029 1,000,000 4.147%
T - 4.14% Coupon 7/12/2024 10/31/2028 1,000,000 4.062%
Total Purchases $6,000,00 0 4.279%
Matured: KO - 1.75% Coupon 9/6/2024 9/6/2024 1,000,000 1.890% Matured: FHLB - 2.875% Coupon 9/13/2024 9/13/2024 2,000,000 1.771% Matured: BK - 2.1% Coupon 10/24/2024 10/24/2024 1,000,000 1.850% Matured: FNMA - 1.625% Coupon 10/15/2024 10/15/2024 2,000,000 1.700% Matured: FNMA - 1.625% Coupon 10/15/2024 10/15/2024 2,000,000 1.500% Total Maturing/Calls $8,000,000 1.710%
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Investment Portfolio Summary
As of October 31, 202
4 3‐Month 6 ‐Month 2 ‐Year 5 ‐Year 10 ‐Year
August 2024 5.30% 4.96% 3.97% 3.71% 3.87%
September 2024 4.92% 4.55% 3.62% 3.50% 3.72%
October 2024 4.72% 4.44% 3.97% 3.91% 4.10%
Portfolio 3.426% 3.426% 3.426% 3.426% 3.426%
LAIF 4 518% 4 518% 4 518% 4 518% 4 518%
Portfolio, 3.426%
LAIF, 4.518%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
US Treasuries Yield Curve
www.treas.gov
Monthly yields are interpolated by the Treasury from the daily yield curve.

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CITY OF MANHATTAN BEACH HELD TO MATURITY
Portfolio Maturity Structure Rolling 60 Months
November 2024 through October 2029
Mth Mat. YTM Inv Call Amt Mth Mat. YTM Inv Call Amt Mth Mat. YTM Inv Call Amt Mth Mat. YTM Inv Call Amt Mth Mat. YTM Inv Call Amt Nov 24 11/18/24 3.3% FFCB nc $1.0M Nov 25 11/30/25 0.66% T nc $1.0M Nov 26 Nov 27 Nov 28 11/1/28 4.86% FFCB nc $1.0M 11/1/25 2.89% TVA nc $1.0M
Dec 24 Dec 25 Dec 26 Dec 27 Dec 28
Jan 25 Jan 26 Jan 27 1/31/27 2.67% T nc $2.0M Jan 28 1/29/28 4.41% BK nc $1.0M Jan 29 1/5/29 4.49% TOYOT A nc $1.0M 1/31/28 3.80% T nc $2.0M 1/31/29 3.75% T nc $2.0M
1/5/29 4.65% TOYOT A nc $1.0M
Feb 25 2/28/25 1.0% T nc $1.0M Feb 26 2/24/26 0.95% MRK MW: 10 $1.0M Feb 27 2/6/27 4.16% MSFT nc $1.0M Feb 28 2/14/28 3.85% FAMC A nc $1.0M Feb 29 2/28/29 4.43% T nc $1.0M Mar 25 Mar 26 Mar 27 3/22/27 2.75% FFCB nc $2.0M Mar 28 3/1/28 4.69% CL nc $2.0M Mar 29 3/31/29 4.47% T nc $1.0M 3/12/27 4.05% FHLB nc $1.0M 3/15/28 4.37% KO nc $1.0M 3/9/29 4.51% FHLB nc $2.0M 3/15/28 3.56% KO nc $1.0M
Apr 25 4/15/25 2.8% T nc $1.0M Apr 26 Apr 27 Apr 28 Apr 29 4/13/29 4.34% AMZN nc $1.0M 4/30/29 4.42% T nc $1.0M
4/30/29 4.53% FFCB nc $2.0M
May 25 5/15/25 1.8% TVA nc $1.0M May 26 5/31/26 1.19% T nc $1.0M May 27 5/15/27 3.28% T nc $1.0M May 28 5/10/28 4.17% AAPL nc $1.0M May 29 5/31/29 4.12% T nc $1.0M 5/31/25 1.1% T nc $1.0M 5/12/26 1.96% AMZN nc $1.0M 5/15/27 3.29% T nc $1.0M 5/17/28 4.21% MRK nc $1.0M 5/15/28 5.04% PEP nc $1.0M
Jun 25 6/30/25 0.6% T nc $1.0M Jun 26 6/30/26 1.18% T nc $1.0M Jun 27 6/20/27 3.74% COST nc $1.0M Jun 28 6/9/28 4.48% FHLB nc $1.0M Jun 29 6/30/29 4.15% T nc $1.0M 6/30/25 0.6% T nc $1.0M 6/12/26 4.34% FHLB nc $1.0M 6/30/27 3.24% T nc $1.0M 6/30/27 3.30% T nc $1.0M
6/20/27 3.76% COST nc $1.0M
Jul 25 7/31/25 0.6% T nc $2.0M Jul 26 7/31/26 0.89% T nc $1.0M Jul 27 7/31/27 3.31% T nc $1.0M Jul 28 Jul 29 7/8/29 4.35% WMT nc $1.0M 7/31/25 0.6% T nc $1.0M 7/31/26 3.19% T nc $1.0M 7/31/27 3.79% T nc $1.0M 7/31/25 0.7% T nc $1.0M 7/27/26 4.55% FFCB nc $1.0M
Aug 25 8/31/25 0.6% T nc $1.0M Aug 26 8/31/26 0.91% T nc $1.0M Aug 27 8/15/27 3.75% T nc $1.0M Aug 28 8/31/28 4.82% T nc $1.0M Aug 29 8/31/25 0.6% T nc $1.0M 8/15/26 3.29% T nc $1.0M 8/22/27 4.28% AMZN nc $1.0M 8/22/25 1.9% FFCB nc $1.0M
Sep 25 9/12/25 1.9% FHLB nc $1.0M Sep 26 9/30/26 1.21% T nc $1.0M Sep 27 9/12/27 4.91% AAPL nc $1.0M Sep 28 9/8/28 4.86% FHLB nc $1.0M Sep 29 9/23/25 2.7% FHLM C nc $2.0M 9/30/26 3.30% T nc $1.0M 9/1/27 4.59% JNJ nc $1.0M 9/30/25 1.7% T nc $2.0M 9/17/26 4.18% WMT nc $1.0M 9/1/27 3.88% JNJ nc $1.0M Oct 25 10/31/25 0.7% T nc $2.0M Oct 26 10/31/26 2.58% T nc $1.0M Oct 27 10/8/27 3.60% FNMA nc $1.0M Oct 28 10/31/28 4.06% T nc $1.0M Oct 29 10/31/26 4.18% T nc $1.0M
Total By Year (excl LAIF) $21.0m $17.0m $20.0m $15.0m $16.0m Average YTM 1.3% 2.4% 3.7% 4.3% 4.4%
% of Total Securities (excl LAIF) 24% 19% 22% 17% 18%
% of Total Investments (incl LAIF) 41% 15% 17% 13% 14%
Total Securities 77%
$89.0M
LAIF 23% $26.5M
Total Investments 100% $115.5M
Shaded rows indicate months with significant cash inflows.

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City of Manhattan Beach
Investment Policy Compliance Chart
As of October 31, 202
4 Instrument % of Total Limit Compliant? Limit Compliant? Limit Compliant? Local Agency Investment Fund (LAIF) $26,517,532 23.0% $75,000,000 Yes Treasury Securities
US Treasury $46,000,000 39.8% 5 Years Yes
Total U.S. Treasuries (40) TRUE $46,000,000 39.8%
Medium Term (Corporate) Notes
Coca-Cola 2,000,000 1.7% 5.0% Yes 5 Years Yes
Amazon 3,000,000 2.6% 5.0% Yes 5 Years Yes
Costco 2,000,000 1.7% 5.0% Yes 5 Years Yes
Walmart 2,000,000 1.7% 5.0% Yes 5 Years Yes
Colgate-Palmolive 2,000,000 1.7% 5.0% Yes 5 Years Yes
Pepsi Cola 1,000,000 0.9% 5.0% Yes 5 Years Yes
Total Consumer Goods Secto
r $12,000,000 10.0% 10.0% Yes
Bank of NY 1,000,000 0.9% 5.0% Yes 5 Years Yes
Toyota Motor Credit Corp 2,000,000 1.7% 5.0% Yes 5 Years Yes Total Financial Sector $3,000,000 2.6% 10.0% Yes
Johnson & Johnson 2,000,000 1.7% 5.0% Yes 5 Years Yes
Merck 2,000,000 1.7% 5.0% Yes 5 Years Yes
Total Pharmaceuticals Sector $4,000,000 3.5% 10.0% Yes
Apple Inc 2,000,000 1.7% 5.0% Yes 5 Years Yes
Microsoft Corp 1,000,000 0.9% 5.0% Yes 5 Years Yes
Total Technology Sector $3,000,000 2.6% 10.0% Yes
Total Medium Term Notes (21) TRUE $22,000,000 19.0% 20.0% Yes Federal Agencies
Federal Home Loan Bank (FHLB) $7,000,000 6.1% 33.3% Yes 5 Years Yes Federal Farm Credit (FFCB) 8,000,000 6.9% 33.3% Yes 5 Years Yes Fannie Mae (FNMA) 1,000,000 0.9% 33.3% Yes 5 Years Yes
Freddie Mac (FHLMC) 2,000,000 1.7% 33.3% Yes 5 Years Yes Frarmer Mac (FAMCA) 1,000,000 0.9% 33.3% Yes 5 Years Yes Tennessee Valley Authority (TVA) 2,000,000 1.7% 33.3% Yes 5 Years Yes Total Federal Agencies (17) TRU
E $21,000,000 18.2% 60.0% Yes
Total Portfolio $115,517,532 100.0%
Dollar Compliance Percentage Compliance Term Compliance Temporary Suspension
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Investments Cash Balances by Fund
LAIF $26,517,532.23 Gener al Fund $23,444,307.59
Treasury Securities 45,127,299.65 Street Lighting & Landscape Fund (120,964.63) Government Agency Issues 20,830,920.39 Gas Tax Fund 4,764,600.49 Medium Term Notes 21,099,477.26 Asset Forfeiture Fund 270,879.66 Subtotal Investments $113,575,229.53 Police Safety Grants Fund 615,607.42 Grants Fund -
Prop. A Fund 1,218,609.68
Prop. C Fund 1,198,491.06
Demand Deposit/Petty Cash AB 2766 Air Quality Fund 299,444.68 Cash in Bank $1,771,150.01 Measure R Fund 2,096,084.15
Petty Cash 2,317.07 Measure M Fund 1,216,403.82
$1,773,467.08 Measure W Fund 1,881,383.90
Capital Improvements Fund 12,519,337.26
Subtotal City Cash & Investments $115,348,696.61 Fire Station #2 Construction Fund 454,502.99 UUAD Construction Fund 1,490,605.28
Water Fund 10,409,148.16
Bond Funds Held in Trust Stormwater Fund 4,499,913.08
Police Fire Refunding $1,859.17 Sewer Fund 18,309,022.53 Fire Station 2 COPs 311.33 Parking Fund 5,822,942.93
Marine Ave Park Refunding 0.14 County Parking Lots Fund 274,539.09 Metlox & Water/Wastewater Refunding 280.80 State Pier and Parking Lot Fund 1,300,634.29 Utility Assessment Districts 1,145,607.53 Insurance Reserve Fund 17,047,325.99 Pension Obligation Bonds 2,428.17 Information Technology Fund 1,298,550.70 Subtotal Bonds Held in Trust $1,150,487.14 Fleet Management Fund 3,445,633.85 Building Maintenance & Operations Fund (78,083.41)
Special Assessment Redemption Fund 559,970.06
Investment Trust Funds Special Assessment UAD 12 & 14 Fund 448,738.59 PARS Pension Rate Stabilization Trust 3,705,923.50 Special Assessment UAD 19-4 Fund 177,289.21 Pension Trust Fund (4,861.45)
Special Deposits Fund 1,639,126.78
Section 115 Trust Fund 3,705,923.50
Total Treasurer's Balance $120,205,107.25 Total All Funds $120,205,107.25

CITY OF MANHATTAN BEACH

TREASURER'S REPORT
October 31, 2024
Subtotal Demand Deposit
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October 4.518
September 4.575
August 4.579
July 4.516
June 4.480
May 4.332
PMIA Average Life(1): 231
LAIF Fair Value Factor(1): 1.002061084
PMIA Daily(1): 4.58
PMIA Quarter to Date(1): 4.56
LAIF Apportionment Rate(2): 4.71
LAIF Earnings Ratio(2): 0.00012912073474208
LAIF Administrative Cost(1)*: 0.26
Treasuries

53.92%
Agencies

25.53%
Certificates of
Deposit/Bank Notes

9.40%
Time
Deposits

3.38%
Commercial
Paper

7.06%
Corporate
Bonds

0.59%
Loans

0.12%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.

Source:
(1) State of California, Office of the Treasurer
(2) State of California, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 11/20/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 09/30/24
Chart does not include $1,290,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
10/31/24
$155.9 billion
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% of Year

33.3%
Adjusted Adjusted
Fund Budget YTD % Budget %
No. Revenues Revenues Realized Expenditures Expenditures Encumbrances Utilized* General Fund 100 $99,370,008 $17,098,610 17.2% $100,520,575 $29,700,047 $2,807,210 32.3% Street Lighting & Landscaping Fund 201 390,985 1,280 0.3% 726,173 180,824 3,008 25.3% Gas Tax Fund 205 2,082,844 569,969 27.4% 5,965,379 101,673 1,021,494 18.8% Asset Forfeiture Fund 210 41,800 40,539 97.0% 78,000 44,404 - 56.9% Police Safety Grants Fund 211 189,000 127,661 67.5% 373,032 92,072 74,945 44.8% Grants Fund 220 6,955,849 - - 6,919,849 - 193,633 2.8% Prop A Fund 230 988,594 267,253 27.0% 1,177,148 225,300 407,731 53.8% Prop C Fund 231 7,830,351 262,583 3.4% 7,813,534 185,551 261,341 5.7% AB 2766 Fund 232 47,500 20,646 43.5% 273,428 1,765 - 0.6% Measure R Fund 233 1,513,142 246,294 16.3% 3,643,478 30,888 294,437 8.9% Measure M Fund 234 19,952,149 195,854 1.0% 20,138,263 28,335 674,466 3.5% Measure W Fund 240 28,133,779 65,111 0.2% 28,071,967 23,288 2,242,032 8.1% Capital Improvements Fund 401 2,114,453 658,079 31.1% 12,285,955 957,198 712,157 13.6% Bond Construction Fund 402 - 37,772 - 60 - - - Underground Assessment District Construction 403 - 103,157 - 1,170,556 58,985 38,500 8.3% Water Fund 501 16,832,770 6,670,826 39.6% 25,937,632 4,519,213 3,365,819 30.4% Storm Drain Fund 502 2,227,340 172,131 7.7% 7,424,304 435,269 2,288,713 36.7% Sewer Fund 503 4,273,070 1,993,563 46.7% 21,249,581 891,665 684,361 7.4% Parking Fund 520 4,387,700 1,797,234 41.0% 6,455,041 976,649 579,039 24.1% County Parking Lots Fund 521 1,111,200 470,654 42.4% 957,932 127,847 41,789 17.7% State Pier & Parking Lot Fund 522 870,500 360,878 41.5% 1,650,764 416,035 395,043 49.1% Insurance Reserve Fund 601 9,223,980 3,191,381 34.6% 9,386,625 5,912,147 214,442 65.3% Information Technology Fund 605 4,660,060 1,553,390 33.3% 5,906,980 1,568,089 840,548 40.8% Fleet Management Fund 610 3,334,359 1,168,656 35.0% 5,939,507 852,305 1,110,648 33.0% Building Maintenance & Operation Fund 615 2,732,659 762,344 27.9% 3,019,002 909,654 296,248 39.9% Underground Assessment Fund 2018 Refunding 710 714,150 20,131 2.8% 716,425 689,400 - 96.2% Underground Assessment Fund 19-12 & 19-14 711 606,106 6,898 1.1% 608,057 496,149 - 81.6% Underground Assessment Fund 19-4 712 337,613 3,360 1.0% 337,793 277,288 - 82.1% City Pension Fund 801 206,188 358 0.2% 207,666 62,508 - 30.1% Section 115 Fund 804 100,000 105,939 105.9% 1,021,059 991,015 - 97.1% $221,228,150 $37,972,551 17.2% $279,975,765 $50,755,561 $18,547,605 24.8% *Includes Encumbered Amounts
Year-to-Date
As of October 31, 2024
Fiscal Year 2025 Statement of Revenues & Expenditures
City of Manhattan Beach
Current Year Activity
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% of Year

33.3%
Fund Original Budget Adjusted Year-to-Date Unrealized % No. Budget Adjustments Budget Actuals Amount Realized
General Fund 100 $98,993,155 376,853 $99,370,008 $17,098,610 $82,271,398 17.2% Street Lighting & Landscaping Fund 201 390,985 - 390,985 1,280 389,705 0.3% Gas Tax Fund 205 1,935,943 146,901 2,082,844 569,969 1,512,876 27.4% Asset Forfeiture Fund 210 41,800 - 41,800 40,539 1,261 97.0% Police Safety Grants Fund 211 189,000 - 189,000 127,661 61,339 67.5% Grants Fund 220 5,320,000 1,635,849 6,955,849 - 6,955,849 - Prop A Fund 230 988,594 - 988,594 267,253 721,341 27.0% Prop C Fund 231 802,856 7,027,495 7,830,351 262,583 7,567,768 3.4% AB 2766 Fund 232 47,500 - 47,500 20,646 26,854 43.5% Measure R Fund 233 964,892 548,250 1,513,142 246,294 1,266,848 16.3% Measure M Fund 234 6,510,878 13,441,271 19,952,149 195,854 19,756,295 1.0% Measure W Fund 240 411,500 27,722,279 28,133,779 65,111 28,068,668 0.2% Capital Improvements Fund 401 1,714,302 400,151 2,114,453 658,079 1,456,374 31.1% Bond Construction Fund 402 - - - 37,772 (37,772) - Underground Assessment District Construction 403 - - - 103,157 (103,157) - Water Fund 501 16,832,770 - 16,832,770 6,670,826 10,161,944 39.6% Storm Drain Fund 502 2,227,340 - 2,227,340 172,131 2,055,209 7.7% Sewer Fund 503 4,273,070 - 4,273,070 1,993,563 2,279,507 46.7% Parking Fund 520 4,387,700 - 4,387,700 1,797,234 2,590,466 41.0% County Parking Lots Fund 521 1,111,200 - 1,111,200 470,654 640,546 42.4% State Pier & Parking Lot Fund 522 870,500 - 870,500 360,878 509,622 41.5% Insurance Reserve Fund 601 9,223,980 - 9,223,980 3,191,381 6,032,599 34.6% Information Technology Fund 605 4,660,060 - 4,660,060 1,553,390 3,106,670 33.3% Fleet Management Fund 610 3,334,359 - 3,334,359 1,168,656 2,165,703 35.0% Building Maintenance & Operation Fund 615 2,732,659 - 2,732,659 762,344 1,970,315 27.9% Underground Assessment Fund 2018 Refunding 710 714,150 - 714,150 20,131 694,019 2.8% Underground Assessment Fund 19-12 & 19-14 711 606,106 - 606,106 6,898 599,208 1.1% Underground Assessment Fund 19-4 712 337,613 - 337,613 3,360 334,253 1.0% City Pension Fund 801 206,188 - 206,188 358 205,830 0.2% Section 115 Fund 804 100,000 - 100,000 105,939 (5,939) 105.9% $169,929,100 $51,299,050 $221,228,150 $37,972,551 $183,255,599 17.2% City of Manhattan Beach
Fiscal Year 2025 Citywide Revenues
As of October 31, 2024
Current Year Activity
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% of Year

33.3%
Fund Original Budget Adjusted Available %
No. Budget Adjustments* Budget Actuals Encumbrances Budget Utilized** General Fund 100 $98,484,891 $2,035,684 $100,520,575 $29,700,047 $2,807,210 $68,013,317 32.3% Street Lighting & Landscaping Fund 201 704,331 21,842 726,173 180,824 3,008 542,341 25.3% Gas Tax Fund 205 2,075,138 3,890,241 5,965,379 101,673 1,021,494 4,842,212 18.8% Asset Forfeiture Fund 210 78,000 - 78,000 44,404 - 33,596 56.9% Police Safety Grants Fund 211 215,000 158,032 373,032 92,072 74,945 206,015 44.8% Grants Fund 220 5,320,000 1,599,849 6,919,849 - 193,633 6,726,216 2.8% Prop A Fund 230 769,417 407,731 1,177,148 225,300 407,731 544,117 53.8% Prop C Fund 231 1,060,138 6,753,396 7,813,534 185,551 261,341 7,366,642 5.7% AB 2766 Fund 232 673 272,755 273,428 1,765 - 271,663 0.6% Measure R Fund 233 2,470,138 1,173,340 3,643,478 30,888 294,437 3,318,154 8.9% Measure M Fund 234 6,218,138 13,920,125 20,138,263 28,335 674,466 19,435,462 3.5% Measure W Fund 240 100,000 27,971,967 28,071,967 23,288 2,242,032 25,806,647 8.1% Capital Improvements Fund 401 5,554,068 6,731,887 12,285,955 957,198 712,157 10,616,600 13.6% Bond Construction Fund 402 - 60 60 - - 60 - Underground Assessment District Construction 403 - 1,170,556 1,170,556 58,985 38,500 1,073,071 8.3% Water Fund 501 19,150,131 6,787,501 25,937,632 4,519,213 3,365,819 18,052,600 30.4% Storm Drain Fund 502 2,613,335 4,810,969 7,424,304 435,269 2,288,713 4,700,322 36.7% Sewer Fund 503 8,305,857 12,943,724 21,249,581 891,665 684,361 19,673,555 7.4% Parking Fund 520 4,290,885 2,164,156 6,455,041 976,649 579,039 4,899,353 24.1% County Parking Lots Fund 521 890,901 67,031 957,932 127,847 41,789 788,295 17.7% State Pier & Parking Lot Fund 522 935,275 715,489 1,650,764 416,035 395,043 839,686 49.1% Insurance Reserve Fund 601 9,370,892 15,733 9,386,625 5,912,147 214,442 3,260,036 65.3% Information Technology Fund 605 5,428,569 478,411 5,906,980 1,568,089 840,548 3,498,343 40.8% Fleet Management Fund 610 4,930,447 1,009,060 5,939,507 852,305 1,110,648 3,976,554 33.0% Building Maintenance & Operation Fund 615 2,732,659 286,343 3,019,002 909,654 296,248 1,813,101 39.9% Underground Assessment Fund 2018 Refunding 710 716,425 - 716,425 689,400 - 27,025 96.2% Underground Assessment Fund 19-12 & 19-14 711 608,057 - 608,057 496,149 - 111,908 81.6% Underground Assessment Fund 19-4 712 337,793 - 337,793 277,288 - 60,506 82.1% City Pension Fund 801 207,666 - 207,666 62,508 - 145,159 30.1% Section 115 Fund 804 1,021,059 - 1,021,059 991,015 - 30,044 97.1% $184,589,883 $95,385,882 $279,975,765 $50,755,561 $18,547,605 $210,672,600 24.8% *Budget Adjustments include City Council-approved adjustments during the current year and encumbrances carried forward from the prior year. **Includes Encumbered Amounts
Year-to-Date
City of Manhattan Beach
Fiscal Year 2025 Citywide Expenditures
As of October 31, 2024
Current Year Activity
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$3 $4 $5 $6 $7
Percent of Year

33.3%
Major Revenue Accounts 2020 2021 2022 2023 2024 2025 Adj Budget Realized Property Taxes $755,718 $776,468 $770,228 $824,597 $896,048 $957,450 $44,688,638 2.1% Sales & Use Tax* 3,129,223 2,574,802 3,264,452 3,758,858 3,952,856 1,876,762 11,350,000 16.5% Hotel Transient Occupancy Tax (TOT)* 1,769,443 711,274 1,698,250 2,473,168 2,725,617 2,347,902 7,415,000 31.7% Short Term Rental TOT* 5,450 - 600 22,052 342,842 333,387 1,200,000 27.8% Business License Tax 396,282 608,993 903,296 519,882 568,734 378,395 5,200,000 7.3% Real Estate Transfer Tax 412,419 224,754 564,928 172,356 162,856 146,855 800,000 18.4% Building Permits 612,909 536,256 559,167 657,607 837,424 720,337 2,100,000 34.3% Parking Citations 680,689 508,999 672,561 863,450 445,957 650,836 2,175,000 29.9% Interest Earnings 591,874 479,350 320,513 348,793 855,017 512,115 1,375,000 37.2% Building Plan Check Fees 651,158 624,437 643,222 554,836 641,343 789,808 1,837,500 43.0% Total Major Revenue Accounts $9,005,166 $7,045,332 $9,397,216 $10,195,599 $11,428,693 $8,713,847 $78,141,138 11.2% Over/(Under) Prior Year (1,959,833) 2,351,884 798,384 1,233,094 (2,714,846) Percent Change From Prior Year (21.8%) 33.4% 8.5% 12.1% (23.8%) Other Revenues* 6,770,480 5,131,150 5,950,823 7,895,766 9,830,157 $8,384,763 21,228,870 39.5% Total General Fund Revenues $15,775,646 $12,176,483 $15,348,039 $18,091,366 $21,258,850 $17,098,610 $99,370,008 17.2% * Variance in FY 2025 is due to an accounting methodology change wherein identified key revenues are accrued and reversed to the previous year during Quarter 1 instead of at the End of the Fiscal Year

The structure of payments for the some of the franchise fees has changed resulting in lower initial revenues at the beginning of the fiscal year as compared to prior years. This revenue will self adjust throughout the year to better align with prior full-year numbers.

City of Manhattan Beach
Fiscal Year 2025 General Fund Major Revenue Trends
Year-To-Date Actuals FY 2025
October 31, 2024
$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000
Building Plan Check Fees
Interest Earnings
Parking Citations
Building Permits
Real Estate Transfer Tax
Business License Tax
Short Term Rental TOT*
Hotel Transient Occupancy Tax*
Sales & Use Tax*
Property Taxes
October 31, 2024
Fiscal Year 2024-25
Fiscal Year 2023-24
General Fund Major Revenue Sources
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$3 $4 $5 $6 $7
Percent of Year

33.3%
-
* Variance in FY 2025 is due to an accounting methodology change wherein identified key revenues are accrued and reversed to the previous year during Quarter 1 instead of at the End of the Fiscal Year
City of Manhattan Beach
Fiscal Year-To-Date General Fund Trends
Through October Year-Over-Year
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
2020 2021 2022 2023 2024 2025
Sales & Use Tax*
$0
$400,000
$800,000
$1,200,000
$1,600,000
2020 2021 2022 2023 2024 2025
Property Taxes
$0
$700,000
$1,400,000
$2,100,000
$2,800,000
2020 2021 2022 2023 2024 2025
Hotel Transient Occupancy Tax
(TOT)*
$0
$250,000
$500,000
$750,000
$1,000,000
2020 2021 2022 2023 2024 2025
Business License Tax
$0
$150,000
$300,000
$450,000
$600,000
2020 2021 2022 2023 2024 2025
Real Estate Transfer Tax
$0
$250,000
$500,000
$750,000
$1,000,000
2020 2021 2022 2023 2024 2025
Building Permits
$0
$225,000
$450,000
$675,000
$900,000
2020 2021 2022 2023 2024 2025
Parking Citations
$0
$225,000
$450,000
$675,000
$900,000
2020 2021 2022 2023 2024 2025
Interest Earnings
$0
$200,000
$400,000
$600,000
$800,000
2020 2021 2022 2023 2024 2025
Building Plan Check Fees
$0
$90,000
$180,000
$270,000
$360,000
2020 2021 2022 2023 2024 2025
Short Term Rental TOT*
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% of Year

33.3%
Dept Original Budget Adjusted YTD YTD Available %
No. Budget Adjustments1 Budget Expenditures Encumbrances Budget Used Management Services 11 $5,192,028 $236,155 $5,428,183 $1,506,440 $251,463 $3,670,280 32.4% Finance 12 4,333,794 75,680 4,409,474 1,355,097 192,438 2,861,939 35.1% Human Resources 13 2,032,287 37,018 2,069,305 788,778 26,459 1,254,069 39.4% Parks and Recreation 14 10,575,180 159,845 10,735,025 3,429,748 790,244 6,515,032 39.3% Police 15 38,223,846 274,817 38,498,663 10,935,908 464,607 27,098,148 29.6% Fire 16 17,732,501 - 17,732,501 5,854,032 70,946 11,807,523 33.4% Community Development 17 8,228,911 194,574 8,423,485 2,330,203 135,922 5,957,361 29.3% Public Works 18 12,166,344 1,057,595 13,223,939 3,499,842 875,131 8,848,966 33.1% Information Technology 19 - - - - - - - $98,484,891 $2,035,684 $100,520,575 $29,700,047 $2,807,210 $68,013,317 32.3% ¹Budget Adjustments include City Council-approved adjustments during the current year and encumbrances carried forward from the prior year.

City of Manhattan Beach
Fiscal Year 2025 General Fund Expenditures by Department As of October 31, 2024
Current Year Activity
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Account Description Established Purpose Amount
100-21501 Tree and Bench Donations 2003 Donations for trees & benches. $ 6,797 100-21705 Pumpkin Race 2013 Sponsorship revenue/expenses for Pumpkin Race. 3,748 100-21706 Recreation Sponsorships 2017 Sponsorship revenue/expenses for other programs. 30,750 802-21708 Public Arts Fund 2003 Funded through a portion of development fees. Used to fund Public Art. 1,601,262 100-21410 Reserve Force Deposits 1997 Funded through donations. Reserve Officer equipment, training, etc. $ 1,945 100-21405 K9 Deposits 1997 Funded through donations. Used for K9 Equipment. 530 100-21408 Victims Assistance Deposits 1997 Property that is forfeited permanently and goes to auction. The funds are deposited for Victims Assistance programs. 3,423 100-21411 Every 15 Minutes Deposits 1998 Funded through donations. Every 15 Minutes Program. In conjunction with Mira Costa (MBUSD). 4,356 100-21409 Explorer Scout Deposits 1997 Funded through donations. Explorer events, special equipment, etc. 13,985 100-21404 Neighborhood Watch Deposits 1997 Property that is forfeited permanently and goes to auction. The funds are deposited for various Neighborhood Watch uses. 14,681 100-21407 Equipment Deposits 1997 Funded through donations. Used for Various Special Equipment. 24,678 100-21412 Graux Trust (Police) 2014 Donation gift from the Graux Trust. 8,893 100-21402 Inmate Welfare Deposits 1997 Funds generated through inmate telephone in the jail. Use for Inmate welfare, i.e. new mattresses, periodicals, newspapers, books, etc.
46,906
100-21453 Paramedic Trust Deposits 1997 Donations to Fire operations. $ 7,295 100-21451 Graux/Rotary Trust (Fire) 2014 Donation gift from the Graux Trust. 1,756 100-21452 Customer Deposits 2012 Donations from public to fire services. 1,063 100-21913 Fire Technology Replacement 2020 Funded through a fee of 5% of annual Fire Inspection Permits. The purpose of this technology fee is to recover the cost associated with replacement of existing system, upgrades to the existing and new system, and maintenance costs associated with the system.
48,493
100-21602 Tree Penalties for Illegal Removal 2018 Fines for illegally removed trees for the planting of new trees. $ 77,355 100-21601 General Plan Maintenance 2010 Surcharge taken from permits to fund updates for General Plan (i.e., Mobility Plan, Housing Element, Land Use, etc.). 598,707 100-21608 Seismic Fees 1998 A portion of this fee is paid quarterly by the City to the Department of Conservation (DoC) along with a quarterly report.

Balance of fee is used for data utilization, and seismic education incorporating data interpretations from data of the strong- motion instrumentation program.
82,979
100-21609 Congestion Management Plan 2002 Fees that are charged for projects that increase traffic; Planning correction checklist has section for CMP, where a spreadsheet calculates trips/cost; county program on hold for number of years. Funds are to be used for transportation improvements.
68,440
100-21610 BSA Revolving Fund Fee 2009 Fee identified during Building permit application. A portion of this fee is paid quarterly by the City to the CA Building Standards Commission (BSC) along with a quarterly report. Fee paid to BSC based on calculations in the report. 16,042
100-21616 SB 1186 Disability Access & Education 2014 Fee charged on permits, a portion of which is available yearly for Building Inspector training on Title 24, CASp (Certified Access Specialist Program), and SB 1186.
123,383
100-21914 Energov Technology Replacement 2020 Funded through a fee of 3% of Building Permits. The purpose of this technology fee is to recover the cost associated with replacement of existing system, upgrades to the existing and new system, and maintenance costs associated with the system.
78,956
100-21311 Time Warner PEG Deposit 1997 Public, Education, and Governmental Access. MBtv (city government cablecast and webcast) capital expenditures, repairs and upgrades.
$ 26,217
100-21312 Verizon PEG Deposit 2007 Public, Education, and Governmental Access. MBtv (city government cablecast and webcast) capital expenditures, repairs and upgrades.
205,302
Total $ 3,097,943
Information Technology
Balance Sheet Accounts
As of October 31, 2024
Parks & Recreation
Police
Fire
Community Development
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Agenda Date: 12/17/2024
TO:

Honorable Mayor and Members of the City Council
THROUGH:

Talyn Mirzakhanian, City Manager
FROM:

Onyx Jones, Interim Finance Director
Libby Bretthauer, Financial Services Manager
Emy-Rose Hanna, Revenue Services Supervisor
SUBJECT:

Consideration of a Resolution Approving the Preparatory and Administrative Agreements with the California Department of Tax and Fee Administration (CDTFA) for Implementation of the City’s Local Transactions and Use Tax; Consideration of a Resolution Authorizing the Examination of Confidential Records; and Appropriation of Unbudgeted Funds from the Unreserved General Fund Balance (Interim Finance Director Jones).

A) ADOPT RESOLUTION NOS. 24-0141 AND 24-0142

B) APPROPRIATE FUNDS
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council take the following actions:
a) Adopt Resolution No. 24-0141, approving the Preparatory and Administrative Agreements with the California Department of Tax and Fee Administration (CDTFA) for Implementation of the City’s Local Transactions and Use Tax; and
b) Adopt Resolution No. 24-0142, Authorizing the Examination of Confidential Records; and
c) Appropriate $175,000 from the unreserved General Fund balance.

FISCAL IMPLICATIONS:

The City of Manhattan Beach is required to enter into Preparatory and Administrative Agreements with the California Department of Tax and Fee Administration (CDTFA) for implementation of the City’s new Transactions and Use Tax (i.e. sales tax) measure approved by Manhattan Beach voters on November 5, 2024.

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File Number: 24-0400
The Preparatory Agreement will incur a one-time cost up to $175,000 this fiscal year for CDTFA’s staff time, operating expenses, data processing time, printing and postage costs associated with taxpayer notification. An additional appropriation of $175,000 from the unreserved General Fund balance is required; however, the actual cost may be lower as CDTFA’s total preparatory costs will be shared with other agencies implementing new taxes at the same time.

The Administrative Agreement will incur an ongoing annual cost of $38,500, which will be budgeted in future years accordingly. Both agreements’ costs will be offset by revenues generated from Measure MMB.

The voter-approved sales tax measure will take effect on April 1, 2025. It is estimated to generate approximately $1.25 million in revenue for the remaining months of Fiscal Year 2024-2025 (April through June 2025) and approximately $5 million annually thereafter. These new sales tax revenues will be included in the upcoming mid-year and annual budget process.

BACKGROUND:

On August 6, 2024, the Manhattan Beach City Council approved a resolution to place a ballot measure to establish a one-half cent (0.50%) sales tax which would “provide funding for general city services in Manhattan Beach, including keeping local streets, sidewalks, infrastructure, and parks safe, clean, and well-maintained; repairing / upgrading aging community facilities; fixing potholes; and improving parking availability and traffic safety.” On November 5, 2024, Manhattan Beach voters approved Measure MMB, which authorizes the 0.50% transactions and use tax to become effective April 1, 2024.

Throughout this process, staff has been in contact with the CDTFA and received direction to prepare the required documents needed to administer and implement the new transactions and use taxes, which include the Agreements and Resolutions attached in this agenda report.

DISCUSSION:

The California Department of Tax and Fee Administration (CDTFA) is the State agency responsible for overseeing the collection and reporting of all sales taxes throughout the State.

In its role as administrator, CDTFA collects sales taxes from retailers throughout the State and remits these revenues to cities, counties, and special districts, as applicable. In order for the City of Manhattan Beach to begin receiving Measure MMB revenues in April 2025, it is necessary to approve the following documents required by the CDTFA:
a) Resolution No. 24-0141, Approving the Preparatory and Administrative Agreements with CDTFA.

1. Preparatory Agreement - This Agreement authorizes CDTFA to complete the one-time preparatory work including developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the CDTFA staff and for taxpayers, and other necessary preparatory costs to administer a Transactions and Use Tax ordinance.

2. Administrative Agreement - This Agreement authorizes CDTFA to administer and

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File Number: 24-0400
implement the new tax on an ongoing basis each year. This includes administrative and operational functions, such as ensuring compliance with the City’s Transactions and Use Tax Ordinance, collecting funds from retailers, reviewing payment submissions and tax allocations for appropriateness, and remitting funds to the City. b) Resolution No 24-0142 , Authorizing Examination of Confidential Records - This Resolution authorizes certain City officials and the City’s sales tax consultant, Hinderliter, de Llamas & Associates, to access confidential sales tax data. This Resolution also requires the City have a contract with this consultant to examine those confidential sales tax records. The City currently has an existing contract with Hinderliter, de Llamas & Associates for the base sales tax (Local 1% Bradley-Burns sales tax), however, the City will need to enter into an amendment or new agreement to factor the new Measure MMB 0.50% transactions and use tax.

In addition to the list above, the CDTFA requires confirmation of the election results for Measure MMB through a certified copy of the Transactions and Use Tax Ordinance No. 24-0009, which is being certified by the City Clerk at the City Council meeting on December 17, 2024.

By approving the proposed Resolutions and Agreements noted above, and appropriating funds for the preparatory costs, the City can proceed with the next steps necessary in implementing and collecting revenues for the Measure MMB 0.50% transactions and use tax .

PUBLIC OUTREACH:

After a thorough analysis, staff determined that public outreach was not required for the approval of these Agreements. However, the Preparatory Agreement will enable CDTFA to provide the necessary outreach to all taxpayers and the business community affected by the new sales tax measure that will go into effect by April 1, 2025.

ENVIRONMENTAL REVIEW:

The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no 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. 24-0141

2. Resolution No. 24-0142

3. Agreement - CDTFA (Exhibit A Preparatory)

4. Agreement - CDTFA (Exhibit B Administrative)

5. Ordinance No. 24-0009 (To Be Adopted December 17, 2024)

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RESOLUTION NO. 24-0141

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MANHATTAN BEACH AUTHORIZING THE CITY MANAGER

TO EXECUTE AGREEMENTS WITH THE CALIFORNIA

DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR

IMPLEMENTATION OF A LOCAL TRANSACTIONS AND

USE TAX
THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

WHEREAS, on November 5, 2024, the voters of the City of Manhattan Beach approved Ordinance No. 24-0009 amending the City Municipal Code to add Chapter 8.40 providing for a

0.5% local transactions and use tax; and
WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Manhattan Beach that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and th e City Manager is hereby authorized to execute each agreement.

ADOPTED on December 17, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________

AMY THOMAS HOWORTH
Mayor
ATTEST:

_________________________________

LIZA TAMURA
City Clerk

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RESOLUTION NO.24-0142

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MANHATTAN BEACH AUTHORIZING EXAMINATION OF

SALES OR TRANSACTIONS AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance Number 757, the City of Manhattan Beach (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, pursuant to Ordinance Number 24-0009 and Revenue and Taxation Code Section 7270, the City entered into a contract with the Department to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Manhattan Beach deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and T axation Code sets forth certain requirements and condit ions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH HEREBY RESOLVES AS FOLLOWS:

SECTION 1. That the City Manager, Assistant to the City Manager, Finance Director, Financial Controller, Financial Services Manager, Budget & Financial Analyst, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of t he Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

SECTION 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) City administration
(b) Revenue management and budget planning
(c) Community and economic development
(d) Business license tax administration
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

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SECTION 3. That Hinderliter De Llamas & Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions , which are also included in the contract between the City and Hinderliter De Llamas & Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information;
c) is prohibited by that contract from performing consulting services for a retailer durin g the term of that contract; and
d) is prohibited by that contract from retaining the infor mation contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that t he information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in Section 2 of this resolution.

SECTION 4. That this resolution supercedes all prior resolutions of the City Council of the City of Manhattan Beach adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056.

ADOPTED on December 17, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________

AMY THOMAS HOWORTH
Mayor
ATTEST:

_________________________________

LIZA TAMURA
City Clerk

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(Rev. 07/24) 1

AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE

In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the CITY OF MANHATTAN BEACH , hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION , hereinafter called Department, enter into this Preparatory Agreement on December 17, 2024, and do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electo rs of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

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(Rev. 07/24) 2

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy -five thousand dollars ($175,000) (Revenue and Taxati on Code Section 7272.)

7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027

Attention: Administrator
Local Revenue Branch

Communications and notices to be sent to City shall be addressed to:

City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266

Attention: Finance Department
Re: Sales Tax – Measure MMB

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's t ransactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

CITY OF MANHATTAN BEACH

By:

Name: Talyn Mirzakhanian
Title: City Manager
Date:

ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
Date:

APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
Date:

APPROVED AS TO FISCAL IMPACT:

By:

Name: Onyx Jones
Title: Interim Finance Director
Date:

APPROVED AS TO CONTENT:

By:

Name: Onyx Jones
Title: Interim Finance Director
Date:

CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION

By:

Name:

Title: Administrator, Local Revenue Branch
Date:

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AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES

The City Council of the City of Manhattan Beach has adopted, and the voters of the City of Manhattan Beach (hereafter called “City” or “District”) have approved by the required majority vote, the City of Manhattan Beach Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part

1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration (hereinafter called the “Department”) and the City enter into this Administrative Agreement (“Agreement”) on December 17, 2024, and do agree as follows:

ARTICLE I

DEFINITIONS

Unless the context requi res otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorize d by Revenue and Taxation Code Section 7285.9 et seq. , and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordin ance No . 24-0009, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

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ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES

A. Administration. The Department and Cit y agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of th e Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any auth orized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self - imposed limits or by final judg ment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

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D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state -administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller hol ding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City.

Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of colle cting, allocating, and distributing District transactions and use taxes, ea rlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or countie s annexed to the extended City boundary. In the Docusign Envelope ID: CCADAE6D-1966-48F7-AF2F-ABEAE0E63A4D City Council Meeting
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event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX

A. Allocation. In the administration of the Department's contracts with al l districts that impose transactions and use taxes imposed under ordinances, which comply with Part

1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or dist ricts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self -declared distr ict taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of a llocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appear ing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION

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The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS

A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.

Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027

Attention: Administrator
Local Revenue Branch

Communications and notices to be sent to the City shall be addressed to:

City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266

Attention: Finance Department
Re: Sales Tax – Measure MMB

Unless otherwise dire cted, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is a pproved by the Department of General Services. The Agreement shall take effect on April 1, 2025. This Docusign Envelope ID: CCADAE6D-1966-48F7-AF2F-ABEAE0E63A4D City Council Meeting
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Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.

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ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID

A. Impoundment of funds.

1. When a legal action is begun ch allenging the validity of the imposition of the tax, the City shall deposit in an interest -bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non - appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, th e City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court i n the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

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4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its ad ditional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any o ther costs incurred by Department which are reasonably appropriate or necessary to make those reb ates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be acc ounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shal l be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the precedi ng calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

CITY OF MANHATTAN BEACH

By:

Name: Talyn Mirzakhanian
Title: City Manager
Date:

ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
Date:

APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
Date:

APPROVED AS TO FISCAL IMPACT:

By:

Name: Onyx Jones
Title: Interim Finance Director
Date:

APPROVED AS TO CONTENT:

By:

Name: Onyx Jones
Title: Interim Finance Director
Date:

CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION

By:

Name:

Title: Administrator, Local Revenue Branch
Date:

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ORDINANCE NO. 24-0009

AN ORDINANCE ADOPTED BY THE VOTERS OF THE

CITY OF MANHATTAN BEACH, CALIFORNIA, IMPOSING A

0.5% TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF

TAX AND FEE ADMINISTRATION

THE VOTERS OF THE CITY OF MANHATTAN BEACH DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8.40 is hereby added to Title 8 of the Manhattan Beach Municipal Code to read as follows:
“Chapter 8.40 - TRANSACTIONS AND USE TAX

8.40.030. PURPOSE. This ordinance is adopted to achiev e the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Departmen t of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

8.40.040. CONTRACT WITH STATE . Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transacti ons and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

8.40.050. TRANSACTIONS TAX RATE . For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 0.5% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

8.40.080. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Divisi on 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

8.40.090. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of t he Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of the City shall be substituted therefor. However, the substitution shall not be made when:

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1. The word "State" is used as a pa rt of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property whi ch would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer enga ged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all pe rsons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

8.40.110. EXEMPTIONS AND EXCLUSIONS.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

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1. Sales of tangible personal property, ot her than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the autho rity of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commenc ing with Section 9840) of the Vehicle Code by registration to an out -of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is ob ligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

C. There ar e exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercis e of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax fr om any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

8.40.120. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. Pursuant to Elections Code Section 9217, the City Council may amend this ordinance as deemed necessary for collection and enforcement, City Council Meeting
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provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance without the approval of the voters.

Yes: 11.511
No: 8,542

_____________________________

AMY HOWORTH
Mayor

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:

Mark Leyman, Parks and Recreation Director
Onyx Jones, Interim Finance Director
Mario Hernandez, Purchasing Supervisor
Linda Robb, Management Analyst
SUBJECT:

Consideration of a Resolution to Approve an Agreement with M.S. Tours, Inc. DBA Main Street Tours for Charter Bus Services in an Amount up to $100,000 Per Year and Not-to-Exceed $300,000 over Three Years (Parks and Recreation Director Leyman).

ADOPT RESOLUTION NO. 24-0140
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 24-0140 approving an agreement with M.S. Tours, Inc. DBA Main Street Tours for charter bus services in an amount up to $100,000 per year and not to exceed $300,000 over three years.

FISCAL IMPLICATIONS:

The current funding for charter bus services in the Parks and Recreation budget is $73,725, sufficient for the rest of Fiscal Year (FY) 2025. If approved, future FY budgets will account for $100,000 annually. Expenditures for charter bus services under this contract are not-to-exceed $100,000 annually, allowing for growth in programming over the next three years, as well as unanticipated events.

BACKGROUND:

The City provides year-round bus excursions for the Older Adult Program, Recreation and Teen Center Camp field trips, beach shuttle service, and swim team field trips for the Aquatics program. Recreation, Teen Center, and Aquatics day-trips are typically five to ten hours in duration, with the majority of trips occurring during the summer camp season. Older Adult Program trips consist of day trips and occasional overnight trips with itineraries provided by the

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File Number: 24-0458
contractor. The Older Adult Program typically schedules one trip a month. Some trips require bus transportation only and other trips include meals, activity tickets and planned, guided activities. The City has provided bus excursion programs for over 30 years and averages approximately 45 trips annually.

Most recently, and for the period between 2018 and June 2024, the City contracted with Main Street Tours for these services. In July 2024, the City entered into a shorter-term agreement with Corporate Coach Charter & Tours, Inc. to provide summer bus trips and to bridge the gap until a longer-term agreement could be put in place. At that time, Corporate Coach Charter was chosen for the summer because they were the lowest hourly bidder and no preplanned trips organized by the vendor were necessary.

DISCUSSION:

On March 20, 2024, staff solicited Charter Bus Services Request for Proposals (RFP) #1321-24 through OpenGov, a public bid notification system. Five proposal responses were received on April 23, 2024. The scope of work consists of charter bus services for youth, older adult and aquatics program activities and excursions.

The evaluation criteria for this service contract and vendor selection are based on several factors including: pricing, ability to perform the requirements, itineraries, staffing, equipment, and references.

Proposal Results:

VENDOR PRICE SCORE

1. Main Street Tours $175/hour 34

2. Corporate Coach Charter $160/hour 21

3. Intermex $190/hour Disqualified

4. American Transportation $199/hour Not interviewed

5. Transportation Connection Inc. $334/hour Not interviewed The three companies with the lowest hourly rate bids were invited to an interview with Purchasing and Parks and Recreation staff. Intermex did not attend the interview and was therefore disqualified. Although Corporate Coach Charter submitted the lowest hourly proposal, this vendor does not offer pre-planned itineraries fully organized by the vendor. Main Street Tours was the only company responding with a catalog of trips with preplanned itineraries, including transportation, attraction tickets, meals, and tour guides. Based on the criteria above, Main Street Tours demonstrated a clear understanding of the scope of work for each required service and was selected as the lowest responsible bidder. Staff recommends the approval of a three-year term agreement. The agreement also authorizes the City Manager to extend the term of the contract for two additional one-year periods.

PUBLIC OUTREACH:

This request for proposals was advertised on the City’s website as well as OpenGov, a public bid notification board.

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File Number: 24-0458
ENVIRONMENTAL REVIEW:

The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary.

LEGAL REVIEW:

The City Attorney has approved the agreement as to form.

ATTACHMENTS:

1. Resolution No. 24-0140

2. Agreement - M.S. Tours, Inc. DBA Main Street Tours

3. Vendor Comparison

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RESOLUTION NO. 24-0140

A RESOLUTION OF THE MANHATTAN BEACH CITY

COUNCIL APPROVING AN AGREEMENT BETWEEN THE
CITY OF MANHATTAN BEACH AND M.S. TOURS, INC.

FOR CHARTER BUS SERVICES

THE MANHATTAN BEACH CITY COUNCIL HEREBY RESOLVES AS
FOLLOWS:

SECTION 1. The City Council hereby approves the Agreement between the City of Manhattan Beach and M.S. Tours, Inc. dated December 17, 2024, for bus charter services in the amount of $300,000 (not to exceed $100,000 annually).

SECTION 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution.

ADOPTED on December 17, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________

AMY THOMAS HOWORTH
Mayor

ATTEST:
_________________________________

LIZA TAMURA
City Clerk
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AGREEMENT BETWEEN THE CITY OF MANHATTAN BEACH AND

MAIN STREET TOURS FOR BUS CHARTER SERVICES

THIS AGREEMENT (“Agreement”), made and effective as of December 17, 2024, between the City of Manhattan Beach, a municipal corporation (“City”) and M.S. Tours, Inc., DBA Main Street Tours, a California corporation (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

WHEREAS, City has the need for bus charter services; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and NOW, THEREFORE, in consideration of the mutual covenants, benefits , and premises herein stated, the parties hereto agree as follows:

1. TERM

The term of this Agreement shall be from the date of execution to December 31, 2027, unless this Agreement is terminated or suspended pursuant to this Agreement. By mutual written agreement, the contract may be extended by the parties for two additional one-year terms.

2. SCOPE OF SERVICES

City does hereby retain Contractor, as an independent contractor, in a contractual capacity to provide bus charter services, as set forth in Exhibit A. In the event there is a conflict between the provisions of Exhibit A and this Agreement, the language contained in this Agreement shall take precedence.

Contractor shall perform the tasks described and set forth in Exhibit A. Contractor shall complete the tasks according to the schedule of performance , which is also set forth in Exhibit A.

Compensation for the services to be performed by Contractor shall be in accordance with Exhibits A and B . Compensation shall not exceed the rates or total contract value of three hundre d thousand dollars ($ 300,000) as stated in attached proposals , without a written amendment to the Agreement executed by both parties. Payment by City to Contractor shall be in accordance with the provisions of this Agreement.

3. DEFINITIONS

“Passenger” shall mean any person utilizing the services provided by Contractor as described in Exhibit A.

“Vehicle” or “backup vehicle” shall mean a bus or van designated by Contractor for use in providing services under this Agreement, including but not limited to a primary vehicle, an additional wheelchair accessible vehicle and a backup or replacement vehic le if needed due to a mechanical breakdown, traffic incident, or any reason whatsoever to City Council Meeting
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provide transportation services under this Agreement. The backup or replacement vehicle shall be equipped with a wheelchair lift and be of the size, capacity, and design specified in Exhibit B, or, there shall be a secondary wheelchair accessible vehicle that will serve as a backup vehicle to the primary wheelchair accessible vehicle. All vehicles shall be in a safe and good working order. City shall have the right to approve the suitability of any vehicle used by Contractor under this Agreement.

“Revenue hours” shall mean the time when a vehicle is available to the general public and there is an expectation of carrying passengers.

4. PERFORMANCE

Contractor shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.

5. MANAGEMENT

The individual directly responsible for Contractor’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Laurie Lincoln, and no other individual may be substituted without the prior written approval of the City Manager.

City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager’s designee.

6. PAYMENT

Taxpayer ID or Social Security numbe rs must be provided, on an IRS W -9 form, before payments may be made to vendors.

Compensation for services to be performed by Contractor shall not exceed the daily rate submitted in Contractor’s Cost Proposal Form in Exhibit B without additional authorization by City. Services shall be billed in accordance with Contractor’s proposal as it is accepted by City. City shall only pay for services actually rendered. Services rendered shall specifically exclude time for travel to a nd from Contractor’s storage facility and downtime for road assistance.

If Contractor fails to complete the work, fails to provide service for an entire day, or causes a default as specified in Section 10, Liquidated Damages, City may, at its sole option, notwithstanding other rights and remedies, assess Contractor at the hour rate detailed in Exhibit B for the respective year and at the same rate for each fraction of an hour rounding up the nearest quarter hour, beginning at onset of service failure or time of an incident that causes service to be interrupted. This assessment shall be deducted from any payment(s) due or to become due to Contractor under the terms of this Agreement.

No payment by City shall be construed as a waiver of City’s rights to deduct the assessment and the assessment may be deducted from any subsequent payment.

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City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, based upon actual time spent on the above tasks. This amount shall not exceed three hundred thousand dollars ($300,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

Contractor shall not be compensated for additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to the agreement executed by both parties.

Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager. If City disputes any of Contractor’s fees or expenses it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice.

Funds used by City to pay for the services provided by Contractor under this Agreement are a portion of City’s allocated Proposition A transportation funds. Contractor shall have no recourse to any other funds allocated to or by City. City and Contractor expressly agree that full funding for this Agreement is contingent on the continued collection of revenues pursuant to Proposition A and the continued allocation of City’s share of those revenues to City. In the event of any repeal, amendment, interpreta tion or invalidation of any provision of Proposition A that has the effect of reducing or eliminating City’s receipt of Proposition A revenues, or any other unexpected material decline in City’s revenues, City may reduce or eliminate funding for and the le vel of services to be performed under this Agreement at a level that is generally proportionate to the elimination or reduction in City’s receipt of Proposition A revenues. City will immediately notify Contractor of any reduction or elimination of Proposition A revenues, or any other unexpected material decline in City’s revenues allocated to the performance of this Agreement, and Contractor shall not be required to perform services under this Agreement without adequate assurance of payment of services from City.

7. TERMINATION OR SUSPENSION WITHOUT CAUSE

This Agreement, or portions thereof, may be terminated, cancelled or suspended in any one of the following manners:
1) By mutual written agreement of the parties.
2) Upon ten (10) days written notice by City or thirty (30) days written notice by Contractor, with or without cause.
3) If in the sole subjective judgment of City at any time or times after the execution of this Agreement, Contractor fails to perform the services required to be provided in accordance with the terms hereof, or fails to comply with any of the requirements and terms of this Agreement City, upon at least seventy -two (72) hours written notice to Contractor, and without prejudice to any other remedies City may have, City Council Meeting
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may terminate Contractor's services and any obligations City may otherwise have under this Agreement. The written notice shall instruct Contractor to cease its services as of a specified day, and City shall have no further obligation to pay for services tendered or otherwise after such date.
4) If in the sole subjective judgment of City at any time or times after the execution of this Agreement Contractor fails to maintain in force throughout the term of this Agreement, including any extensions thereof, the insurance coverage required herein, or Contractor effects any willful acts or omissions that endanger the public health and safety, City may immediately, without prior notification, and without prejudice to any other remedies City may have, suspend Contractor’s services and any obligations City may otherwise have under this Agreement. Upon receiving written notice of immediate suspension, Contractor shall have up to fourteen (14) days to cure or remedy cause for suspension; however , City may, at City’s sole discretion, terminate this Agreement within the suspension period.

Should Contractor cure or remedy the cause for suspension, and the cure or remedy is accepted, in writing, by City, Contractor may resume services.

8. BACKGROUND CHECKS

Contractor shall be registered with the Department of Justice as a Human Resources Agency. Contractor shall at a minimum perform background checks on drivers utilizing a vendor such as Live Scan to ensure that drivers with inappropriate backgrounds are not employed to provide services under this Agreement. Drivers shall have no felony conviction history.

9. DEFAULT OF CONTRACTOR

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If such failure by Contractor to make progress in the performance of work hereunder arises out of causes beyond Contractor’s control, and without fault or negligence of Contractor, it shall not be considered a default.

If the City Manager or the City Manager’s designee determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, designee shall cause to be served upon Contractor a written notice of the default. Contractor shall have fourteen (14) days after service upon it of said notice in which to cure the default by rendering a satisfactory p erformance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

10. LIQUIDATED DAMAGES

Contractor shall operate strictly according to the most current bus schedule provided by City and to a reasonable on -time performance standard except where service is interrupted for those reasons stated hereinafter. Service shall be provided as scheduled City Council Meeting
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or according to any adjusted schedule established by City, including route modifications required.

City may assess liquidated damages for the following defaults:

A. If the driver begins or ends a trip route late by more than twenty (20) minutes; B. If the driver departs from a stop prior to the designated departure time; C. If the vehicle in use on the trip runs out of fuel;
D. If the driver deviates from or fails to follow the itinerary as scheduled; E. If a vehicle is not properly inspected or cleaned prior to use on the route; F. If the driver fails to complete a route due to vehicle or driver failure, mechanical failure

Contractor agrees that any of the above defaults will result in damage and injury to City. City and Contractor agree that actual damages occurring to City because of any one or more of such defaults, on a given day, will be difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, City and Contractor have negotiated and have agreed that for each default Contractor shall pay to City, as and for liquidated damages, and not as a penalty, a sum equal to the hourly rate per vehicle compensation due to Contractor pursuant to Exhibit B of this Agreement for each hour during which the incident causing the default occurs.

Said payment for liquidated damages shall be deducted from any payments due or to become due to Contractor under the terms of this Agreement. No payment by City shall be construed as a waiver of City's right to deduct liquidated damages which may be deducted from any subsequent payment.

Contractor shall be excused from performance of the above liquidated damages during the time and to the extent that Contractor is prevented from performing in the customary manner by force majeure, fire, flood, war, riot, civil disturbance, vandalism, terr orism, epidemic, quarantine, strike, lockout, labor dispute, oil or fuel shortage, freight embargo, rationing or unavailability of materials or products, loss of transportation facilities, commandeering of equipment, materials, products, plants, or facilities of government, or any other occurrences or circumstances which are beyond the control of Contractor.

11. OWNERSHIP OF DOCUMENTS

Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly iden tified and readily accessible. Contractor shall provi de free access to the representatives of City or City’s designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before an y such audit is conducted. Such records, City Council Meeting
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together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of C ity and may be used, reused, or otherwise disposed of by City without the permission of Contractor.

With respect to computer files, Contractor shall make available to City, at Contractor’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

12. INDEMNIFICATION AND HOLD HARMLESS

Contractor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor, including City’s active or passive negligence, except for such lo ss or damage arising from the sole negligence or willful misconduct of City. In the event City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, Contractor shall provide a defense to City Indemnitees or at City’s option reimburse City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims.

Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section.

Failure of City to monitor compliance with these requirement s imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns , or heirs of Contractor and shall survive the termination of this Agreement or this Section.

City does not and shall not waive any rights that it may have against Contractor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not s aid insurance policies are determined to be applicable to any losses, liabilities, damages, costs , and expenses described in this Section.

13. INSURANCE

Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full.

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14. INDEPENDENT CONTRACTOR

Contractor is and shall at all times remain as to City a wholly independent Contractor.

The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement.

Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

15. LEGAL RESPONSIBILITIES

Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act, Occupational Safety and Health Administration laws and regulations, and Los Angeles Metropolitan Transportation Authority laws and regulations. City, and it s officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section.

16. ANTI DISCRIMINATION

Neither Contractor, nor any sub contractor under Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status , or gender of such person, except as provided in Section 12940 of the Government Code. Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 1735].

17. UNDUE INFLUENCE

Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

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18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES

No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

19. CONFLICT OF INTEREST

Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in City or its Area of Interest, now or wi thin the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in City or its Area of Interest, while under contract with City and for a one (1) year time period following termination of this Agreement.

20. NOTICE

Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt reque sted, with postage prepaid, and addressed to the party for whom intended as follows:

To: City Manager
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266

With a courtesy copy to:

Quinn M. Barrow, City Attorney
1400 Highland Avenue
Manhattan Beach, CA 90266

If to Contractor:

Laurie Lincoln
Main Street Tours
4010 Watson Plaza Drive, Suite 139
Lakewood, CA 90712

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Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified.

Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail.

21. CHANGE IN NAME

Should a change be contemplated in the name or nature of Contractor’s legal entity, Contractor shall first notify City in order that proper steps may be taken to have the change reflected in the Agreement documents.

22. ASSIGNMENT

Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement.

23. LICENSES

At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement.

24. VENUE AND GOVERNING LAW

This Agreement is made, entered into, and executed in Los Angeles County, California, and any action filed in any court for the interpretation, enforcement or other action of the terms, conditions , or covenants referred to herein shall be filed in the applicable court in Los Angeles County, California. City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretat ion of this Agreement.

25. COST RECOVERY

In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be e ntitled to recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

26. ENTIRE AGREEMENT

This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the partie s described in this Agreement.

All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations City Council Meeting
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set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

Exhibit A ( Scope of Work ), Exhibit B ( Fee Schedule ) and Exhibit C (Insurance Requirements), are hereby incorporated and made a part of this Agreement.

27. CAPTIONS OR HEADINGS

The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.

28. AMENDMENTS

Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement.

29. PRECEDENCE

In the event of conflict, the requirements of City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in Contractor’s Proposal.

30. INTERPRETATION OF AGREEMENT

Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared.

31. WAIVER

No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be bin ding unless executed in writing by the party making the waiver.

32. AUTHORITY TO EXECUTE

The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of obligations hereunder.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

City: Contractor:

CITY OF MANHATTAN BEACH,
a California municipal corporation

M.S. TOURS, INC.,
a California corporation

______________________ __________________________________ Talyn Mirzakhanian
City Manager
Laurie Lincoln
President
ATTEST:

__________________________________
Liza Tamura, City Clerk

APPROVED AS TO FORM:

__________________________________
Quinn Barrow, City Attorney

APPROVED AS TO FISCAL IMPACT:

__________________________________
Onyx Jones, Interim Finance Director

APPROVED AS TO CONTENT:

__________________________________
Mark Leyman, Parks and Recreation Director

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Exhibit A

SCOPE OF WORK

Contractor shall provide bus charter services to City for the dates and times requested by City. Bus charter services for REC Summer Camps for the locations below will consist of deluxe motor coach transportation to and from the Manhattan Beach Live Oak Park or Joslyn Community Center and Manhattan Heights Community Center to local attractions in Los Angeles and Orange counties. Passengers range in age from 5-12 years and are supervised by City Staff.

Bus charter services for Teen Center (TC) Summer Camp for the locations below will consist of deluxe motor coach transportation to and from the Manhattan Heights Community Center to local attractions in Los Angeles and Orange counties. Passengers range in age from 12-15 years and are supervised by City Staff.

Beach Shuttle service will travel between Manhattan Beach Live Oak Park or Joslyn Community Center, Manhattan Heights Community Center, Bruce’s Beach and City Hall.

Bus Charter services for the Older Adult Program (OAP) will consist of deluxe motor coach transportation to and from the Joslyn Community Center to local attractions.

Bus Charter services may be requested for other City functions, pick up and drop off locations to be confirmed at time of request.

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EXHIBIT B

APPROVED FEE SCHEDULE

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Exhibit C

INSURANCE REQUIREMENTS

Prior to the beginning of and throughout the duration of Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to c omply with these requirements. If that existing coverage does not meet requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimu m amount of coverage required.

Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.

Contractor shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $5,000,000 per occurrence for all covered losses and no less than $ 5,000,000 general aggregate.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $ 5,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.

If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability for each such person.

Workers’ Compensation on a state -approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlyi ng coverages.

Coverage shall be provided on a “pay on behalf” basis, with defense costs payabl e in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured fir st. There shall be no cross liability exclusion precluding coverage for claims o r suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $5,000,000 aggregate.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII.

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General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor:

1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right to subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to t he full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operation limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to City and approved in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification , and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City’s option.

8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation or reduction of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the City Council Meeting
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insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.

9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non -contributing basis in relation to any other insurance or self - insurance available to City.

10. Contractor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Contractor, provide the same minimum insurance required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to City for review.

11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any w ay involved in the performance of Work contemplated by this Agreement to self -insure its obligations to City. If Contractor’s existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be decl ared to City. At that time, City shall review options with Contractor, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions.

12. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to Contractor, City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with an insurance requirement in no way imposes any additional obligations to City nor does it waive any rights hereunder in this or any other regard.

15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any re ason. Termination of this obligation is not effective until City executes a written statement to that effect.

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16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agen t to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of coverage.

17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section.

21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge City or Contractor for the cost of additional insurance covera ge required by this Agreement. Any such provisions are to be delet ed with reference to City. It is not the intent of City to reimburse any third party for the cost of comp lying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

City Council Meeting
December 17, 2024
187 of 226
Service Provider
Availability of Pre-
Planned Itinerary Age of Fleet Customer Service Reliability ADA Safety Cost Totals Rating Low to High (0-5 points) Rating Low to High (0-5 points) Rating Low to High (0-5 points) Rating Low to High (0-5 points) Rating Low to High (0-5 points) Rating Low to High (0-5 points) Rating Low to High (0-5 points) Out of a total of 35 points Corporate Coach Charter
Reviewer 1 0 1 2 3 2 3 5 16
Reviewer 2 0 4 4 5 4 4 5 26
Reviewer 3 0 3 3 3 3 3 5 20
Total Average Score 21
Main Street Tours
Reviewer 1 5 5 5 5 5 5 4 34
Reviewer 2 5 5 5 5 5 5 4 34
Reviewer 3 5 5 5 5 5 5 4 34
Total Average Score 34
Intermex (Not Present) N/A N/A N/A N/A N/A N/A N/A N/A
American Transportation Systems
Fourth lowest bidder, not
invited to interview
Transporation Connection Inc.

Fifth lowest bidder, not invited
to interview
City Council Meeting
December 17, 2024
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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
Gilbert Gamboa, Principal Civil Engineer
SUBJECT:

Consideration of Accepting as Complete Work Performed by Oppenheimer National for the Polliwog Park Fitness Station Replacement Project (Public Works Director Lee).

A) ACCEPT

B) AUTHORIZE
_________________________________________________________ RECOMMENDATION:

Staff recommends that the City Council:
1) Formally accept as complete the Oppenheimer National construction agreement for the Polliwog Park Fitness Station Replacement Project;
2) Authorize the filing of the Notice of Completion with the County Recorder; and 3) Authorize the release of the retention of $9,081 to Oppenheimer National.

FISCAL IMPLICATIONS:

The construction agreement with Oppenheimer National for the Polliwog Park Fitness Station Replacement Project was awarded for $178,901, with an authorized contingency amount of $18,000. Three change orders were authorized for the project, and the total amount expended on the contract was $181,620. Subsequent to acceptance of the work, filing the Notice of Completion, and expiring the 35-day lien period, the retention amount of $9,081 will be released to the contractor. Once the contract is closed any unexpended funds will be released back to the CIP Fund.

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Manhattan Beach City CouncilDecember 17, 2024

Manhattan Beach City Council
December 17, 2024