Tuesday, December 6, 2022
4:30 PM
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
Zoom
City Council Special Meeting
ELECTED OFFICIALS
Mayor Steve Napolitano
Mayor Pro Tem Richard Montgomery
Councilmember Joe Franklin
Councilmember Suzanne Hadley
Councilmember Hildy Stern
Meeting Minutes - Draft
December 6, 2022City Council Special 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 A.
CALL MEETING TO ORDER
Mayor Napolitano called the meeting to order.
B. PLEDGE TO THE FLAG
Mayor Napolitano led the Pledge of Allegiance.
C. ROLL CALL
Roll Call by City Clerk Liza Tamura.
D. PUBLIC COMMENTS (3 MINUTES PER PERSON)
Mayor Napolitano opened the floor to public comments.
Seeing no requests to speak, Mayor Napolitano closed the floor to public comments.
Mayor Napolitano, Mayor Pro Tem Montgomery, Councilmember Franklin, Councilmember Hadley, and Councilmember Stern Present 5 -
December 6, 2022City Council Special Meeting Meeting Minutes - Draft E. CLOSED SESSION
I. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN City Attorney Quinn Barrow announced the following 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) 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
(Government Code Section 54956.9(d)(2)(e)(5))
CLOSED SESSION
December 6, 2022City Council Special Meeting Meeting Minutes - Draft II. RECESS INTO CLOSED SESSION
At 4:32 PM, the City Council recessed into Closed Session.
III. RECONVENE INTO OPEN SESSION
At 4:46 PM, the City Council reconvened into Open Session with all City Councilmembers present.
IV. CLOSED SESSION ANNOUNCEMENT IN OPEN SESSION
City Attorney Barrow announced that the City Council went into Closed Session to discuss the pending litigation and the threatened litigation. The City Council gave direction to the City Attorney and will be scheduling another Closed Session regarding the items on December 20, 2022. There was no other reportable action taken.
F. ADJOURNME NT
At 4:47 PM, Mayor Napolitano adjourned the meeting and notified the public that the next City Council meeting would take place at 6:00 PM. _____________________________
Patricia Matson
Recording Secretary
_____________________________
Steve Napolitano
Mayor
ATTEST:
_____________________________
Liza Tamura
City Clerk