City Council Regular Meeting

City Council Regular Meeting Regular Meeting Tuesday, June 20, 2023 6:00 PM City Council Chambers and Zoom ELECTED OFFICIALS Mayor Richard Montgomery Mayor Pro Tem Joe Franklin Councilmember Amy Howorth Councilmember David Lesser Councilmember Steve Napolitano City Treasurer Tim Lilligren EXECUTIVE TEAM City Manager Bruce Moe City Attorney Quinn Barrow City Clerk Liza Tamura Interim Information Technology Director Patrick Griffin Community Development Director Talyn Parks and Recreation Director Mark Leyman Mirzakhanian Police Chief Rachel Johnson Finance Director Steve Charelian Public Works Director Erick Lee Fire Chief Michael Lang 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 June 20, 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, June 20, 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, June 14, 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 6/14/2023 City Council Regular Meeting Agenda Final June 20, 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 B. PLEDGE TO THE FLAG C. ROLL CALL D. CEREMONIAL CALENDAR 1. Presentation of Certificates of Commendation Recognizing Police 23-0243 Detective Seth Hartnell as the 2022 Police Officer of the Year and Fire Captain/Paramedic James Falls as the 2022 Firefighter of the Year. PRESENT 2. Presentation of Certificates of Recognition to the Pacifica District 23-0244 Pinewood Derby Championship Winners: Laird Campbell, Grayson King, and Oliver Terrell. PRESENT Attachments: Pacifica District Pinewood Derby Championship 2023 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 6/14/2023 City Council Regular Meeting Agenda Final June 20, 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, June 20, 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 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 G. PUBLIC COMMENTS (3 MINUTES PER PERSON) (CONTINUED FROM PAGE 4) 3. Update on the City’s Efforts on State Misdemeanor Prosecution and 23-0263 Homeless Court Services (City Manager Moe). (Estimated Time: 30 Mins.) A) RECEIVE REPORT B) DISCUSS AND PROVIDE DIRECTION Attachments: Staff Report - June 1, 2021 Staff Report - July 20, 2021 Staff Report - September 21, 2021 Staff Report - January 18, 2022 Resolution No. 21-0042 Resolution No. 22-0045 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. 4. City Council Minutes: 23-0238 This Item Contains Minutes of the Following City Council Meeting(s): a) City Council Special Meeting Minutes of June 6, 2023 b) City Council Regular Meeting Minutes of June 6, 2023 (City Clerk Tamura). APPROVE Attachments: City Council Special Meeting Minutes of June 6, 2023 City Council Regular Meeting Minutes of June 6, 2023 5. Financial Reports: 23-0202 Schedule of Demands May 12, 2023, May 19, 2023, and May 26, 2023 (Finance Director Charelian). ACCEPT REPORTS AND DEMANDS Attachments: Schedule of Demands May 12, May 19 and May 26, 2023 City of Manhattan Beach Page 5 Printed on 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 6. Consideration of a Resolution Declaring Intention to Provide for Annual 23-0187 Levy and Collection of Assessments for the Downtown Business Improvement District and Setting a Public Hearing for July 18, 2023 (Finance Director Charelian). A) ADOPT RESOLUTION NO. 23-0069 B) SCHEDULE PUBLIC HEARING DATE TO CONSIDER ASSESSMENTS ON JULY 18, 2023 Attachments: Resolution No. 23-0069 BID Advisory Board Chairperson Letter from BID Advisory Board to City Council Fiscal Year 2023-2024 DMBBID Business Improvement and Activity Plan 7. Consideration of a Resolution Approving a Memorandum of Understanding 23-0268 Between the City of Manhattan Beach and the Manhattan Beach Firefighters’ Association (Acting Human Resources Director Swofford). ADOPT RESOLUTION NO.23-0076 Attachments: Resolution No. 23-0076 MBFA MOU (Final Version) MBFA MOU (Strikethrough Version) 8. Consideration of a Resolution Approving Amendment No. 3 to the 23-0251 Professional Services Agreement with Hanson Bridgett, LLP to Conduct Independent Investigations of Confidential Matters at a Cost Not-to-Exceed $345,000 (Acting Human Resources Director Swofford). ADOPT RESOLUTION NO. 23-0075 Attachments: Resolution No. 23-0075 Amendment No. 3 - Hanson Bridgett, LLP. Agreement and Amendment Nos. 1 and 2 - Hanson Bridgett, LLP. 9. Consideration of a Resolution Amending Findings Related to California 23-0240 Building Standards Code Adoption of Appendices F and N of the 2022 California Building Code and Appendices AJ and AK of the 2022 California Residential Code (Community Development Director Mirzakhanian). ADOPT RESOLUTION NO. 23-0077 Attachments: Resolution No. 23-0077 Adopted Ordinance No. 22-0008 Adopted Resolution No. 22-0143 10. Consideration of the Annual Water Supply and Demand Assessment 23-0225 Pursuant to Water Code Section 10635 (Public Works Director Lee). RECEIVE AND FILE ASSESSMENT Attachments: Annual Water Supply and Demand Assessment City of Manhattan Beach Page 6 Printed on 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 11. Consideration of the Velzy Plaque Proposed by the South Bay Boardriders 23-0213 Club at 117 Manhattan Beach Boulevard (Parks and Recreation Director Leyman). APPROVE Attachments: Plaque Rendering Surf Professionals Testimonials by Jaqueline May and the SBBC Additional Research and Testimonials MBHS Gary McAulay Research and Testimonial 12. Consideration of Approving a Purchase Order to South Bay Foundry, Inc. 23-0160 for Tree Grates for the Downtown Manhattan Beach and North Manhattan Beach Business Improvement Districts in the Amount of $195,911.92. (Public Works Director Lee). APPROVE Attachments: Tree Grate Image Quote 13. Consideration of a Resolution Approving Amendment No. 6 to the 23-0121 Maintenance Services Agreement with Merchants Landscaping Which Adds $80,000 for Beautification and Deferred Maintenance Work in the Downtown and North Manhattan Beach Business Improvement Districts and Extends the Agreement Term for One Year (Public Works Director Lee). ADOPT RESOLUTION NO. 23-0062 Attachments: Resolution No. 23-0062 Amendment No. 6 - Merchants Landscaping Agreement and Amendments No. 1-5 - Merchants Landscaping 14. Consideration of a Resolution Approving a Three-Year Maintenance 23-0063 Services Agreement with McKendry Door Sales, Inc. for Commercial Door Maintenance Services in an Amount Not-to-Exceed $450,000 (Public Works Director Lee). ADOPT RESOLUTION NO. 23-0058 Attachments: Resolution No. 23-0058 Agreement - McKendry Door Sales Agreement RFP #1289-23 - Commercial Door Maintenance Services City of Manhattan Beach Page 7 Printed on 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 15. Consideration of a Resolution Approving a $100,000 Measure R and 23-0249 $740,000 Measure M Funding Agreement with the Los Angeles County Metropolitan Transportation Authority for the Manhattan Beach Boulevard and Peck Avenue Traffic Signal Improvement Project which Qualifies for a Categorical Exemption Pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA) Guidelines; and Approving an Adjustment of $840,000 in the Measure R Fund (Public Works Director Lee). A) ADOPT RESOLUTION NO. 23-0079 B) APPROVE ADJUSTMENT Attachments: Resolution No 23-0079 LACMTA (Measure R and Measure M) Budget and Expenditures Summary Location Map 16. Formally Accept as Complete the Sepulveda Bridge Widening Project; 23-0027 Authorize Filing a Notice of Completion with the County Recorder; and Release Contractor’s Escrow Account Funds (Public Works Director Lee). A) ACCEPT B) APPROVE Attachments: 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. City of Manhattan Beach Page 8 Printed on 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 J. PUBLIC HEARINGS At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item. 17. Conduct Public Hearing and Consideration of Resolutions Approving: A 23-0229 Coastal Development Permit and Temporary Use Permit for the 2023-2025 Manhattan Beach Open Volleyball Tournaments; a Request from the Association of Beach Volleyball Professionals, LLC DBA AVP for a Special Permit for Alcoholic Beverage Use on Public Property; an Agreement with the Association of Beach Volleyball Professionals, LLC DBA AVP to Operate the Manhattan Beach Open for 2023-2025; and Adoption of a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) (Parks and Recreation Director Leyman). (Estimated Time: 30 Mins.) A) CONDUCT PUBLIC HEARING B) ADOPT RESOLUTION NO. 23-0063 APPROVING COASTAL DEVELOPMENT PERMIT AND TEMPORARY USE PERMIT C) APPROVE A SPECIAL PERMIT FOR ALCOHOLIC BEVERAGE USE D) ADOPT RESOLUTION NO. 23-0064 APPROVING AN AGREEMENT WITH AVP E) ADOPT A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Attachments: Resolution No. 23-0063 Resolution No. 23-0064 Agreement - Association of Volleyball Professionals LLC DBA AVP 2023 Proposed Schematic 18. Conduct Public Hearing and Consideration of a Resolution Providing for 23-0087 Annual Levy and Collection of Street Lighting and Landscaping District Maintenance Assessments for Fiscal Year 2023-2024 (Finance Director Charelian). (Estimated Time: 15 Min.) A) CONDUCT PUBLIC HEARING B) ADOPT RESOLUTION NO. 23-0080 PROVIDING FOR ANNUAL LEVY AND COLLECTION OF FISCAL YEAR 2023-2024 MAINTENANCE ASSESSMENTS Attachments: Resolution No. 23-0080 Fiscal Year 2023-2024 Engineer’s Report (Including District Map) K. GENERAL BUSINESS Each speaker may speak for up to 2 minutes on each general business item. City of Manhattan Beach Page 9 Printed on 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 19. Consideration of the Following Actions Related to the Marine Field Turf 23-0115 Replacement Project: a) Funding Options in the Amount of $400,000 for Turf Replacement; and b) Field Use Side Letters Between the City and Various User Groups (Parks and Recreation Director Leyman). (Estimated Time: 30 Mins.) DISCUSS AND PROVIDE DIRECTION Attachments: Draft Side Letter Agreement - American Youth Soccer Organization (AYSO) Draft Side Letter Agreement - Manhattan Beach Sand & Surf Draft Side Letter Agreement - Vistamar School Marine Avenue Park Vicinity Map 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. 20. City Council AB 1234 Reports. 23-0248 RECEIVE AND FILE 21. Consider Request by Mayor Montgomery and Mayor Pro Tem Franklin to 23-0262 Discuss Revisiting the Appointment to the Los Angeles County West Vector Control Board (City Manager Moe). (Estimated Time: 10 Mins.) DISCUSS AND PROVIDE DIRECTION 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. 22. Agenda Forecast (City Clerk Tamura). 23-0242 INFORMATION ITEM ONLY City of Manhattan Beach Page 10 Printed on 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 23. Commission Minutes: 23-0252 This Item Contains Minutes of the following City Commission Meetings: a) Parking and Public Improvements Commission Meeting Minutes of January 26, 2023 (Cancelled) (Community Development Director Mirzakhanian) b) Parking and Public Improvements Commission Meeting Minutes of February 23, 2023 (Community Development Director Mirzakhanian) c) Parking and Public Improvements Commission Meeting Minutes of March 23, 2023 (Community Development Director Mirzakhanian) d) Library Commission Meeting Minutes of April 10, 2023 (Parks and Recreation Director Leyman) e) Parking and Public Improvements Commission Meeting Minutes of April 27, 2023 (Community Development Director Mirzakhanian) f) Library Commission Meeting Minutes of May 8, 2023 (Parks and Recreation Director Leyman). INFORMATION ITEM ONLY Attachments: Parking and Public Improvements Commission Meeting Minutes of January 26, 2023 (Cancelled) Parking and Public Improvements Commission Meeting Minutes of February 23, 2023 Parking and Public Improvements Commission Meeting Minutes of March 23, 2023 Library Commission Meeting Minutes of April 10, 2023 Parking and Public Improvements Commission Meeting Minutes of April 27, 2023 Library Commission Meeting Minutes of May 8, 2023 Q. CLOSED SESSION R. ADJOURNMENT S. FUTURE MEETINGS CITY COUNCIL MEETINGS 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 (Canceled) 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 11 Printed on 6/14/2023 City Council Regular Meeting Agenda Final June 20, 2023 BOARDS, COMMISSIONS AND COMMITTEE MEETINGS 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 July 10, 2023 - Monday - 4:00 PM - Library Commission Meeting July 12, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting July 17, 2023 - Monday - 4:00 PM - Cultural Arts Commission Meeting July 24, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting July 26, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting July 27, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting August 9, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting August 14, 2023 - Monday - 4:00 PM - Library Commission Meeting August 21, 2023 - Monday - 4:00 PM - Cultural Arts Commission Meeting August 23, 2023 - Wednesday - 3:00 PM - Planning Commission Meeting August 24, 2023 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting August 28, 2023 - Monday - 4:00 PM - Parks and Recreation Commission Meeting T. CITY OFFICES CLOSED CITY HOLIDAYS: 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 May 27, 2024 – Monday – Memorial Day City of Manhattan Beach Page 12 Printed on 6/14/2023