City Council Regular Meeting

City Council Regular Meeting Regular Meeting Tuesday, April 18, 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 18, 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 18, 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, April 12, 2023, 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 4/12/2023 City Council Regular Meeting Agenda Final April 18, 2023 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 Tessa Smith, Pennekamp Elementary School B. PLEDGE TO THE FLAG C. ROLL CALL D. CEREMONIAL CALENDAR 1. Presentation of Certificates of Recognition to Local AYSO Teams for 23-0174 Winning the Western States Championship. 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 4/12/2023 City Council Regular Meeting Agenda Final April 18, 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 18, 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 4/12/2023 City Council Regular Meeting Agenda Final April 18, 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. 2. City Council Minutes: 23-0173 This Item Contains Minutes of the Following City Council Meeting(s): a) City Council Adjourned Regular Meeting Minutes of April 4, 2023 b) City Council Regular Meeting Minutes of April 4, 2023 (City Clerk Tamura). APPROVE Attachments: City Council Adjourned Regular Meeting Minutes of April 4, 2023 City Council Regular Meeting Minutes of April 4, 2023 3. Financial Reports: 23-0095 a) Schedule of Demands March 17, 2023, and March 24, 2023 b) Investment Portfolio for the Month Ending February 28, 2023 c) Month End Report for February 28, 2023 (Finance Director Charelian). ACCEPT REPORTS AND DEMANDS Attachments: Schedule of Demands March 17, 2023 and March 24, 2023 Investment Portfolio February 2023 Month End Financial Report February 2023 4. Consideration of a Resolution Opting In and Authorizing Settlement 23-0176 Agreements with Manufacturers Teva and Allergan and Chain Pharmacies CVS, Walgreens, and Walmart and Authorize City Manager to Participate in Future Opioid Settlement Agreements (City Attorney Barrow). ADOPT RESOLUTION NO. 23-0039 Attachments: Resolution No. 23-0039 Executive Summary – National Opioids Settlement Staff Report - December 7, 2021 5. Consideration to Award Bid No. 1294-23 to Penske Chevrolet for the 23-0107 Purchase of One Budgeted Chevrolet Silverado for the Police Department in the Amount of $57,547.81 (Finance Director Charelian). APPROVE Attachments: Bid No. 1294-23 Comparison City of Manhattan Beach Page 5 Printed on 4/12/2023 City Council Regular Meeting Agenda Final April 18, 2023 6. Consideration to Award Bid No. 1300-23 to Bay City Electric Works for the 23-0166 Purchase of One Budgeted 100 kW Portable Generator for the Public Works Department in the Amount of $93,211.88 (Finance Director Charelian). APPROVE Attachments: Bid No. 1300-23 Comparison 7. Consideration of Authorization to Solicit Bids for Replacement Turf for the 23-0163 Marine Avenue Athletic Field (Parks and Recreation Director Leyman). APPROVE Attachments: Marine Avenue Park Vicinity Map 8. Consideration of Resolutions Awarding a Construction Agreement to Hardy 23-0102 and Harper, Inc. for the Cycle 2 Street Resurfacing Project for $3,732,000; and Approving a Construction Management and Inspection Services Agreement with Z&K Consultants, Inc. for $141,574; 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 NOS. 23-0040 AND 23-0041 Attachments: Resolution No. 23-0040 Agreement - Hardy & Harper Inc. Bid Proposal - Hardy and Harper Inc. Resolution No. 23-0041 Agreement - Z&K Consultants Inc. Plans and Specifications (Web-Link Provided) Budget and Expenditures Summary Location Map 9. Consideration of a Resolution Approving Amendment No. 1 to the 23-0142 Agreement with Pegasus for Broadcast Professional Services Increasing the Annual Amount to $90,000 or an Estimated Three-Year Contract Total of up to $240,000 (Information Technology Director Hackelman). ADOPT RESOLUTION NO. 23-0042 Attachments: Resolution No. 23-0042 Amendment No. 1 - PEGasus Agreement - PEGasus I. ITEMS REMOVED FROM THE CONSENT CALENDAR Each speaker may speak for up to 2 minutes on each item pulled from the agenda. City of Manhattan Beach Page 6 Printed on 4/12/2023 City Council Regular Meeting Agenda Final April 18, 2023 J. PUBLIC HEARINGS At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item. 10. Consideration of a Resolution Adopting a List of Street Repair Projects for 23-0118 Fiscal Year 2023-2024 Funded by Senate Bill 1: The Road and Accountability Act of 2017; and Authorizing the Public Works Director to Submit the Necessary Project Information to the California Transportation Commission (Public Works Director Lee). ADOPT RESOLUTION NO. 23-0043 Attachments: Resolution No. 23-0043 K. GENERAL BUSINESS Each speaker may speak for up to 2 minutes on each general business item. 11. Consider Taking City Council Positions on a Variety of Pending Legislation 23-0167 in the State Legislature Regarding Homelessness, Public Safety and Housing (City Manager Moe). (Estimated Time: 20 Min.) AUTHORIZE Attachments: SB 43 (Eggman) Behavioral Health SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database AB 67 (Muratsuchi) Homeless Courts Pilot Program AB 1708 (Muratsuchi) Theft AB 23 (Muratsuchi) Theft: Shoplifting: Amount AB 1532 (Haney) Office Conversion Projects SB 423 (Wiener) Land Use: Streamlined Housing Approvals: Multifamily Housing Developments SB 4 (Wiener) Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse ACA 10 (Haney) Fundamental Human Right to Housing 12. Consideration of the City Sponsoring a Juneteenth Celebration Event at 23-0182 Bruce’s Beach Park (City Manager Moe). (Estimated Time: 30 Mins.) 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 4/12/2023 City Council Regular Meeting Agenda Final April 18, 2023 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). 23-0175 INFORMATION ITEM ONLY Q. CLOSED SESSION I. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Negotiators: Bruce Moe, City Manager Stephanie Swofford, Acting Human Resources Director Employee Group(s): Manhattan Beach Firefighters' Association II. RECESS INTO CLOSED SESSION III. RECONVENE INTO OPEN SESSION IV. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION R. ADJOURNMENT S. FUTURE MEETINGS City of Manhattan Beach Page 8 Printed on 4/12/2023 City Council Regular Meeting Agenda Final April 18, 2023 CITY COUNCIL MEETINGS 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 BOARDS, COMMISSIONS AND COMMITTEE MEETINGS 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 City of Manhattan Beach Page 9 Printed on 4/12/2023 City Council Regular Meeting Agenda Final April 18, 2023 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 4/12/2023