City Council Regular Meeting

City Council Regular Meeting Regular Meeting Tuesday, December 20, 2022 6:00 PM City Council Chambers and Zoom ELECTED OFFICIALS Mayor Steve Napolitano Mayor Pro Tem Richard Montgomery Councilmember Joe Franklin Councilmember Suzanne Hadley Councilmember Hildy Stern City Treasurer Tim Lilligren EXECUTIVE TEAM City Manager Bruce Moe City Attorney Quinn Barrow City Clerk Liza Tamura Information Technology Director Terry Hackelman Community Development Director Carrie Tai Parks and Recreation Director Mark Leyman Finance Director Steve Charelian Police Chief Rachel Johnson Fire Chief Michael Lang Public Works Director Erick Lee Human Resources Director Lisa Jenkins 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 Council Regular Meeting Agenda Final December 20, 2022 MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU! By participating in City Council meetings, you are participating in the process of representative government. To encourage that participation, the City Council provides an early opportunity for public comments under “Public Comments,” at which time speakers may comment on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. The City continues to offer an opportunity to participate in Council meetings via Zoom. The City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 5:30 PM, December 20, 2022 (the day of the meeting), via: 1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to cityclerk@manhattanbeach.gov or 3) Telephone Message Recorded at (310) 802-5030 All of your comments provided by the deadlines above will be available to the City Council and the public prior to the meeting. In addition, you may participate by joining Zoom during the meeting. Instructions are provided on item G (Public Comments). 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. Meetings are broadcast live through Manhattan Beach Local Community Cable, Channel 8 (Spectrum), Channel 35 (Frontier), and live streaming via the City's website. 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 14, 2022, on the City's Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights. City of Manhattan Beach Page 2 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 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 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. City of Manhattan Beach Page 3 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 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 5:30 PM, December 20, 2022 (the day of the meeting), via: 1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to cityclerk@manhattanbeach.gov or 3) Telephone Message Recorded at (310) 802-5030 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 If you wish to speak on any item on the agenda, please register in advance by clicking the following link: https://citymb.seamlessdocs.com/f/publiccomment, even when submitting this request you will need to use the “raise hand” feature via Zoom during the presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wish to provide comments. 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 website. City of Manhattan Beach Page 4 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 H. 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. 1. City Council Minutes: 22-0285 This Item Contains the City Council Adjourned Regular Meeting Minutes of December 13, 2022 (City Clerk Tamura). APPROVE 2. Financial Reports: 22-0484 a) Schedule of Demands November 17, 2022, November 23, 2022, and December 1, 2022 b) Investment Portfolio for the Month Ending October 31, 2022 c) Month End Report for October 31, 2022 (Finance Director Charelian). ACCEPT REPORTS AND DEMANDS Attachments: Schedule of Demands November 17, 2022, November 23, 2022 and December 1, 2022 Investment Portfolio October 31 2022 Month End Report October 31, 2022 3. Consideration of a Resolution Approving a Five-Year Agreement with Vital 22-0457 Medical Services for On-Call Non-Emergency Medical Services for In-Custody Arrestees in an Amount Not-to-Exceed $500,000 (Police Chief Johnson). ADOPT RESOLUTION NO. 22-0167 Attachments: Resolution No. 22-0167 Agreement - Vital Medical Services 4. Consideration of a Resolution Approving a Comprehensive Citywide Salary 22-0510 Schedule for all City Positions and Adjustments to Salary Ranges (Human Resources Director Jenkins). ADOPT RESOLUTION NO. 22-0168 Attachments: Resolution No. 22-0168 City of Manhattan Beach - Salary Schedule City of Manhattan Beach Page 5 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 5. Consideration of a Resolution Approving Amendment No. 1 to the 22-0482 Professional Services Agreement with Civic Solutions, Inc. for Professional Planning Services for the Community Development Department at a Cost Not-to-Exceed $148,950 (Community Development Director Tai). ADOPT RESOLUTION NO. 22-0169 Attachments: Resolution No. 22-0169 Amendment No. 1 - Civic Solutions, Inc. Agreement - Civic Solutions, Inc. (2022) 6. Alleviation Report for Second Extension of Interim Zoning Ordinance to 22-0509 Clarify Provisions for the Preservation of Historic Resources (Community Development Director Tai). ISSUE ALLEVIATION MEASURES REPORT Attachments: Government Code Section 65858 7. Consideration of Resolutions Approving Engineering Design Professional 22-0481 Services Agreement with SWA Group for the Polliwog Park Lower Playground Replacement Project for $59,129; Approving Amendment No. 1 to the Construction Management and Inspection Professional Services Agreement with Ardurra Group for $152,598; and Approving an Additional Appropriation of $350,000 from the Capital Improvements Program (CIP) Fund for the Project (Public Works Director Lee). A) ADOPT RESOLUTION NOS. 22-0170 AND 22-0171 B) APPROPRIATE FUNDS Attachments: Resolution No. 22-0170 Agreement – SWA Group, Inc. Resolution No. 22-0171 Amendment No. 1 - Ardurra Group, Inc. Agreement – Ardurra Group, Inc. (2021) Budget and Expenditure Summary Location Map Revised Playground Layout Renderings 8. Consideration of a Resolution Authorizing a New Memorandum of 22-0512 Understanding Between the City of Manhattan Beach and West Basin Municipal Water District for Department of Water Resources Proposition 1 Round 2 Integrated Regional Water Management Grant Program Application Preparation Fees (Public Works Director Lee). ADOPT RESOLUTION NO. 22-0172 Attachments: Resolution No. 22-0172 Draft Memorandum of Understanding City of Manhattan Beach Page 6 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 I. ITEMS REMOVED FROM THE CONSENT CALENDAR Each speaker may speak for up to 2 minutes on each item pulled from the agenda. J. PUBLIC HEARINGS At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item. K. GENERAL BUSINESS Each speaker may speak for up to 2 minutes on each general business item. 9. Consideration of Design for Bruce’s Beach Plaque Monument Landscaping 22-0522 (City Manager Moe). (Estimated Time: 30 Min.) DISCUSS AND PROVIDE DIRECTION Attachments: Hardscape and Planting Plans for Option 1 Rough Estimates for Option 1 PowerPoint Presentation (Enviroscape LA) 10. Discussion Regarding Hiring Outside Law Enforcement Agency for 22-0469 Downtown (Police Chief Johnson). (Estimated Time: 20 Mins.) DISCUSS AND PROVIDE DIRECTION 11. California’s COVID-19 State of Emergency Ending and Impacts on the 22-0455 City’s Related Emergency Orders (City Manager Moe). (Estimated Time: 40 Mins.) DISCUSS AND PROVIDE DIRECTION Attachments: California’s SMARTER Plan Progress Update Urgency Ordinance No 20-0012-U Urgency Ordinance No. 20-0016-U Urgency Ordinance No. 20-0018-U Ordinance No. 22-0001 Emergency Orders and Urgency Ordinances During COVID-19 12. Review of Pending Agenda Items for City Council Consideration (City 22-0519 Manager Moe). (Estimated Time: 20 Min.) DISCUSS AND PROVIDE DIRECTION L. 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. City of Manhattan Beach Page 7 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 M. FUTURE AGENDA ITEMS Councilmembers may request that items be placed on a future agenda with the concurrence of one other Councilmember. N. CITY MANAGER REPORT O. CITY ATTORNEY REPORT P. INFORMATIONAL ITEMS This section is for items that do not require City Council action. 13. Agenda Forecast (City Clerk Tamura). 22-0344 INFORMATION ITEM ONLY 14. Commission Minutes: 22-0521 This Item Contains Minutes of the following City Commission Meetings: a) Library Commission Special Meeting Minutes of May 31, 2022 (Parks and Recreation Director Leyman) b) Parks and Recreation Commission Meeting Minutes of September 26, 2022 (Rescheduled) (Parks and Recreation Director Leyman) c) Parks and Recreation Commission Meeting Minutes of October 13, 2022 (Parks and Recreation Director Leyman) d) Cultural Arts Commission Meeting Minutes of October 17, 2022 (Parks and Recreation Director Leyman) e) Parks and Recreation Commission Meeting Minutes of October 24, 2022 (Parks and Recreation Director Leyman) f) Library Commission Meeting Minutes of November 14, 2022 (Parks and Recreation Director Leyman). INFORMATION ITEM ONLY Attachments: Library Commission Special Meeting Minutes of May 31, 2022 Parks and Recreation Commission Meeting Minutes of September 26 2022 (Rescheduled) Parks and Recreation Commission Meeting Minutes of October 13, 2022 Cultural Arts Commission Meeting Minutes of October 17, 2022 Parks and Recreation Commission Meeting Minutes of October 24, 2022 Library Commission Meeting Minutes of November 14, 2022 City of Manhattan Beach Page 8 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 Q. CLOSED SESSION I. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION a) CONFERENCE WITH LEGAL COUNSEL (EXISTING LITIGATION) (Government Code Section 54956.9(d)(1)) Name of Case: Highrose El Porto, LLC. v City of Manhattan Beach Los Angeles County Superior Court Case No: 22STCP03962 This lawsuit challenges the City Council’s decision regarding the Highrose El Porto project. b) CONFERENCE WITH LEGAL COUNSEL (ANTICIPATED LITIGATION) (Government Code Section 54956.9(d)(2)(e)(5)) A point has been reached where, in the opinion of the City Council on the advice of its City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Californians for Homeownership, YIMBY Law, and California Renters Legal Advocacy and Education Fund (CaRLA) have submitted two letters indicating that they intend to file litigation against the City if the City Council does not “rehear” the Highrose El Porto project, which is the topic of the litigation identified in Section a) above. In addition, the state Department of Housing and Community Development served the City with a “Notice of Violation” regarding the City Council’s decision. The referenced correspondence is included in this agenda packet, and copies are available upon request at the City Clerk's Office at City Hall, 1400 Highland Avenue, Manhattan Beach, CA 90266. Number of Cases: 2 Attachments: Letter - November 22, 2022 Letter - November 23, 2022 Letter - November 28, 2022 Correspondence - December 9, 2022 II. RECESS INTO CLOSED SESSION III. RECONVENE INTO OPEN SESSION City of Manhattan Beach Page 9 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 IV. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION R. ADJOURNMENT S. FUTURE MEETINGS CITY COUNCIL MEETINGS January 3, 2023 - Tuesday -- 6:00 PM - City Council Meeting (Cancelled) January 9, 2023 - Monday -- 6:00 PM - City Council and Parks and Recreation Commission, Cultural Arts Commission, and Library Commission Work Plan Meeting January 17, 2023 - Tuesday -- 6:00 PM - City Council Meeting January 18, 2023 - Wednesday -- 6:00 PM - City Council and Planning Commission and Parking and Public Improvements Commission Work Plan Meeting February 7, 2023 - Tuesday -- 6:00 PM - City Council Meeting February 21, 2023 - Tuesday -- 6:00 PM - City Council Meeting March 7, 2023 - Tuesday -- 6:00 PM - City Council Meeting March 21, 2023 - Tuesday -- 6:00 PM - City Council Meeting (Reorganization) April 4, 2023 - Tuesday -- 6:00 PM - City Council Meeting April 18, 2023 - Tuesday -- 6:00 PM - City Council Meeting April 25, 2023 - Tuesday -- TBD - Boards and Commissions Interviews May 2, 2023 - Tuesday -- 6:00 PM - City Council Meeting May 16, 2023 - Tuesday -- 6:00 PM - City Council Meeting June 6, 2023 - Tuesday -- 6:00 PM - City Council Meeting June 20, 2023 - Tuesday -- 6:00 PM - City Council Meeting July 4, 2023 - Tuesday -- 6:00 PM - City Council Meeting (Holiday) July 18, 2023 - Tuesday -- 6:00 PM - City Council Meeting August 1, 2023 - Tuesday -- 6:00 PM - City Council Meeting August 15, 2023 - Tuesday -- 6:00 PM - City Council Meeting September 5, 2023 - Tuesday -- 6:00 PM - City Council Meeting September 19, 2023 - Tuesday -- 6:00 PM - City Council Meeting October 3, 2023 - Tuesday -- 6:00 PM - City Council Meeting October 17, 2023 - Tuesday -- 6:00 PM - City Council Meeting November 7, 2023 - Tuesday -- 6:00 PM - City Council Meeting November 21, 2023 - Tuesday -- 6:00 PM - City Council Meeting December 5, 2023 - Tuesday -- 6:00 PM - City Council Meeting December 19, 2023 - Tuesday -- 6:00 PM - City Council Meeting BOARDS, COMMISSIONS AND COMMITTEE MEETINGS December 22, 2021 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting December 26, 2022 - Monday - 4:00 PM - Parks and Recreation Commission Meeting December 28, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting City of Manhattan Beach Page 10 Printed on 12/14/2022 City Council Regular Meeting Agenda Final December 20, 2022 T. CITY OFFICES CLOSED CITY HOLIDAYS: December 26, 2022 - Monday - Christmas Day Observed (Sunday, December 25, 2022) January 2, 2023 – Monday – New Years Day Observed (Sunday, January 1, 2023) January 16, 2023 – Monday – Martin Luther King Day February 20, 2023 - Monday - Presidents Day May 29, 2023 – Monday – Memorial Day July 4, 2023 - Tuesday - Independence Day September 4, 2023 - Monday - Labor Day October 9, 2023 – Monday – Columbus Day November 10, 2023 – Friday – Veterans Day (Observance of November 11, 2023) November 23-24, 2023 - Thursday & Friday - Thanksgiving Holiday City of Manhattan Beach Page 11 Printed on 12/14/2022