City Council Regular Meeting

City Council Regular Meeting Regular Meeting Tuesday, April 4, 2023 6:00 PM City Council Chambers and Zoom ELECTED OFFICIALS Mayor Steve Napolitano Mayor Pro Tem Richard Montgomery Councilmember Joe Franklin Councilmember Amy Howorth Councilmember David Lesser City Treasurer Tim Lilligren EXECUTIVE TEAM City Manager Bruce Moe City Attorney Quinn Barrow City Clerk Liza Tamura Information Technology Director Terry Hackelman Finance Director Steve Charelian Parks and Recreation Director Mark Leyman Fire Chief Michael Lang Police Chief Rachel Johnson Human Resources Director Lisa Jenkins Public Works Director Erick Lee Acting Community Development Director Talyn Mirzakhanian 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 April 4, 2023 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, April 4, 2023 (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. 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, March 29, 2023, 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 Johnny Gosser, American Martyrs City of Manhattan Beach Page 2 Printed on 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 C. ROLL CALL D. CEREMONIAL CALENDAR 1. Presentation of Baby Passports to Cooper and Oliver Pasquali, Welcoming 23-0152 Manhattan Beach’s Newest Residents. PRESENT 2. Presentation of a Commendation to Outgoing Communications and Civic 23-0159 Engagement Manager, Jessica Vincent. PRESENT 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 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 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, April 4, 2023 (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 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 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. 3. City Council Minutes: 23-0153 This Item Contains Minutes of the Following City Council Meeting(s): a) City Council Adjourned Regular Meeting (Work Plan Meeting) Minutes of March 14, 2023 b) City Council Regular Meeting Minutes of March 21, 2023 (City Clerk Tamura). APPROVE Attachments: City Council Adjourned Regular Meeting (Work Plan) Minutes of March 14, 2023 City Council Regular Meeting Minutes of March 21, 2023 4. Financial Reports: 23-0094 Schedule of Demands March 3, 2023, and March 10, 2023 (Finance Director Charelian). ACCEPT REPORTS AND DEMANDS Attachments: Schedule of Demands March 3, 2023 and March 10, 2023 5. Declaration of Proclamations for the Following: 23-0155 a) Month of April 2023 as Earth Month b) Month of April 2023 as DMV/Donate Life Month. PROCLAIM Attachments: Proclamation - Earth Month Proclamation - DMV/Donate Life Month 6. Consideration of the Approval of City Council Assignments (City Clerk 23-0144 Tamura). APPROVE Attachments: Proposed City Council Assignments Councilmember Assignments & Committee Descriptions 7. Consideration of a Resolution Granting a Special Permit to Allow Alcoholic 23-0057 Beverage Use on Public Property (City Manager Moe). ADOPT RESOLUTION NO. 23-0017 Attachments: Resolution No. 23-0017 City of Manhattan Beach Page 5 Printed on 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 8. Consideration of a Resolution Opposing State Ballot Initiative No. 23-0099 21-0042A1 Titled the “Taxpayer Protection and Government Accountability Act” (City Manager Moe). ADOPT RESOLUTION NO. 23-0036 Attachments: Resolution No. 23-0036 Proposed Initiative File No. 21-0042A1 Summary of Estimate by Legislative Analyst and Director of Finance League of California Cities Analysis Fiscal and Program Effects of Initiative 21-0042A1 on Local Governments 9. Consideration of a Resolution Ordering Plans, Specifications, Cost 23-0084 Estimates, and Engineer’s Report for Annual Street Lighting and Landscaping Assessments (Finance Director Charelian). ADOPT RESOLUTION NO. 23-0032 Attachments: Resolution No. 23-0032 10. Consideration of Second Reading and Adoption of Ordinance No. 23-0007 23-0157 Amending Section 8.20.020 of the Manhattan Beach Municipal Code to Increase the Rate of the City’s Transient Occupancy Tax to 14% in Accordance with Measure A (Finance Director Charelian). ADOPT ORDINANCE NO. 23-0007 Attachments: Ordinance No. 23-0007 11. Update on the City’s Traffic Signal Battery Backup Systems (Acting 23-0122 Community Development Director Mirzakhanian). RECEIVE AND FILE Attachments: Traffic Signal Battery Back-Up List 12. Consideration of a Resolution Awarding a Construction Agreement to 23-0026 Gentry General Engineering, Inc. for $439,475.25 for the Annual Citywide Concrete Repairs Cycle 2 Project which Qualifies for a Categorical Exemption Pursuant to Section 15301 Class 1 of the California Environmental Quality Act (CEQA) State Guidelines (Public Works Director Lee). ADOPT RESOLUTION NO. 23-0033 Attachments: Resolution No. 23-0033 Agreement - Gentry General Engineering, Inc. Bid Proposal Specifications Budget and Expenditures Summary Report Location Map City of Manhattan Beach Page 6 Printed on 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 13. Consideration of a Resolution Approving an Inspection Services 23-0052 Agreement with Ardurra Group, Inc. with a Not-to-Exceed Amount of $592,856 for Various Capital Improvement Projects, and Determination Pursuant to the California Environmental Quality Act (CEQA) that this Activity is Categorically Exempt Pursuant to the State CEQA Guidelines (Public Works Director Lee). ADOPT RESOLUTION NO. 23-0034 Attachments: Resolution No. 23-0034 Agreement - Ardurra Group Inc Budget and Expenditures Summary Report Location Map 14. Consideration of a Resolution Approving an Increase in the Construction 23-0116 Contingency Amount for the Sepulveda Bridge Widening Project by $148,775 (Public Works Director Lee). ADOPT RESOLUTION NO. 23-0035 Attachments: Resolution No. 23-0035 Agreement - RREEF (2021) Location Map 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. 15. Selection of Long-Term Outdoor Dining Ad Hoc Task Force Members 23-0135 (Acting Community Development Director Mirzakhanian). (Estimated Time: 1 Hr 15 Mins.) APPOINT MEMBERS TO THE OUTDOOR DINING TASK FORCE Attachments: Outdoor Dining Task Force Application Form Outdoor Dining Task Force Applicant List PPIC Meeting Minutes - July 28, 2022 PC Meeting Minutes - August 10, 2022 PowerPoint City of Manhattan Beach Page 7 Printed on 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 16. Consideration of a Resolution of Apology for the City’s Role in the Racially 23-0158 Motivated Condemnation of Properties at Bruce’s Beach (City Manager Moe). (Estimated Time: 1 Hr.) A) DISCUSS AND PROVIDE DIRECTION B) ADOPT RESOLUTION NO. 23-0037 Attachments: Resolution No. 23-0037 Bruce’s Beach History Report Statement of Acknowledgment, Condemnation, and Empathy Regarding Bruce’s Beach 17. Consideration of the Coyote Management and Response Plan (City 23-0119 Manager Moe). (Estimated Time: 30 Mins.) APPROVE Attachments: Coyote Management and Response Plan 18. Consideration of a Resolution Approving a One-Year Loan Agreement of 23-0020 the “Surf Ascension” Sculpture by Artist Domisi Keven Parham and Allocate Funding from the Public Arts Trust Fund in the Amount Not-to-Exceed $12,000 (Parks and Recreation Director Leyman). (Estimated Time: 30 Mins.) DISCUSS AND PROVIDE DIRECTION A) ADOPT RESOLUTION NO. 23-0038 B) APPROVE LOCATION C) ALLOCATE FUNDS Attachments: Resolution No. 23-0038 Agreement - Domisi Keven Parham Artwork Survey Post Card and Survey Results Artwork in Location Rendering PowerPoint Presentation (NMB BID) 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. 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 City of Manhattan Beach Page 8 Printed on 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 O. CITY ATTORNEY REPORT P. INFORMATIONAL ITEMS This section is for items that do not require City Council action. 19. Agenda Forecast (City Clerk Tamura). 23-0154 INFORMATION ITEM ONLY Q. CLOSED SESSION R. ADJOURNMENT S. FUTURE MEETINGS CITY COUNCIL MEETINGS 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 9, 2023 - Tuesday -- 6:00 PM - Budget Study Session May 16, 2023 - Tuesday -- 6:00 PM - City Council Meeting May 23, 2023 - Tuesday -- 6:00 PM - Budget Study Session 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 (Rescheduled to July 5, 2023) July 5, 2023 - Wednesday -- 6:00 PM - City Council Meeting (Rescheduled from July 4, 2023) 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 City of Manhattan Beach Page 9 Printed on 3/29/2023 City Council Regular Meeting Agenda Final April 4, 2023 BOARDS, COMMISSIONS AND COMMITTEE MEETINGS April 10, 2023 - Monday - 4:00 PM - Library Commission Meeting April 12, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting April 17, 2023 - Monday - 4:00 PM - Cultural Arts Commission Meeting April 24, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting April 26, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting April 27, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting May 8, 2023 - Monday - 4:00 PM - Library Commission Meeting May 10, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting May 15, 2023 - Monday - 4:00 PM - Cultural Arts Commission Meeting May 22, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting May 23, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting May 25, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting June 12, 2023 - Monday - 4:00 PM - Library Commission Meeting June 14, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting June 19, 2023 - Monday - 4:00 PM - Cultural Arts Commission Meeting June 22, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting June 26, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting June 28, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting T. CITY OFFICES CLOSED CITY HOLIDAYS: 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 December 25, 2023 - Monday - Christmas Day Observed January 1, 2024 – Monday – New Years Day Observed January 15, 2024 – Monday – Martin Luther King Day February 19, 2024 - Monday - Presidents Day City of Manhattan Beach Page 10 Printed on 3/29/2023