INDEX
TORRANCE CITY COUNCIL -SEPTEMBER 19, 2022
SUBJECT PAGE
OPENING CEREMONIES
1 . Call to Order/Roll Call 1
2. Flag Salute/Invocation 1
3. Affidavit of Posting/Waive Further Reading 1
4. ORAL COMMUNICATIONS 1
5. ADMINISTRATIVE MATTERS
5A. Consider Removal of Shamindra Manbahal from the Civil Service Commission 1-10
6 . ADJOURNMENT 11
At 9:57 a.m., the City Council adjourned to Tuesday, September 27, 2022, at 5:00 p.m. for closed session, with regular business commencing at 6:30 p.m. in the Council Chamber. Tuesday, October 4, 2022, is a Council Dark Night.
Aleksander Alderete
Minutes Secretary
City Council
September 19, 2022
September 19, 2022
MINUTES OF A SPECIAL MEETING
OF THE TORRANCE CITY COUNCIL
1. CALL TO ORDER
The Torrance City Council convened in a special meeting on September 19, 2022, at 8:00 a.m. in the Council Chamber.
ROLL CALL
Present: Councilmembers Griffiths, Kaji, Kalani, Lewis, Mattucci, Sheikh and Mayor Chen
Absent:
Present:
None
City Manager Chaparyan, City Attorney Sullivan,
City Clerk Rebecca Poirier and
other staff representatives
2. FLAG SALUTE/ INVOCATION
The flag salute was led by Councilmember Sheikh.
The non-sectarian invocation was given by Councilmember Griffiths.
3. REPORT OF CITY CLERK ON POSTING OF THE AGENDA/ MOTION TO
WAIVE FURTHER READING
City Clerk Rebecca Poirier reported that the agenda was posted on the Public Notice Board at 3031 Torrance Boulevard and on the City's website on Friday, September 16, 2022.
MOTION: Councilmember Griffiths moved that after the City Clerk has read aloud the number and title of any resolution or ordinance on the meeting agenda, the further reading thereof shall be waived, reserving and guaranteeing to each Councilmember the right to demand the reading of any such resolution or ordinance in regular order. The motion was seconded by Councilmember Lewis and passed by 7-0.
4. ORAL COMMUNICATIONS
Members of the public spoke .
Mayor Chen clarified that the appointments recently have all been done traditionally, but he chose to streamline a vacancy based on resignations. He said it was done by the ordinance.
5. ADMINISTRATIVE MATTERS
SA. CONSIDER REMOVAL OF SHAMINDRA MANBAHAL FROM THE CIVIL SERVICE
COMMISSION
Recommendation of the City Clerk that City Council consider the removal of Shamindra "Rickey" Manbahal from the Civil Service Commission.
City Clerk Poirier read the description of the item for the City Council. She clarified that the City Clerk's duties do not include investigation into commission applicants. City Clerks make sure that the applicant is a registered voter in the City of Torrance and that they have completed commission certification training.
Aleksander Alderete
Minutes Secretary 1
City Council
September 19, 2022
Councilmember Kalani stated that the decision to have the individual who assumed the Civil Service Commission position was done without due diligence from the City Council. She clarified that the only way for the City Council to perform its due diligence was to consider removing the appointee and start over. She stated her support for Councilmember Griffiths' request to bring back the item to discuss the municipal code pertaining to commission appointments at a future meeting to allow the City Council to contribute to the process. She asked why the binder with all the applications prior to any appointment was not made available.
City Clerk Poirier replied that the binders were created and taken upstairs. She said she was asked to collect them by the mayor and return them to her office but that they are still intact.
She continued that she provided unredacted copies to another Ms. Briseno at another city council so she could provide the redacted copies.
Councilmember Kalani asked when the discussion of the code would be coming back.
City Attorney Sullivan said they were aiming for September 27, 2022.
Councilmember Kalani asked if it were possible to delay commission appointments until that discussion happens on the code.
City Attorney Sullivan replied that the decision to delay would be City Council discretion.
He continued that since it was an ordinance it would require two readings in 30 days before the new ordinance went into effect. He concluded that, depending on the timing that would cause a wait of about 45-60 days.
City Clerk Poirier interjected that Civil Service was having several personnel hearings currently which would need a full commission to clear those hearings.
Mayor Chen clarified that for the next appointment it would be the traditional process so that there was no concern about the process.
Councilmember Griffiths described the process as being blindsided to him and said that his vote was not put under the right circumstances. He said that having so many emergency meetings so close together was not indicative of the quality that Torrance City Council should be giving.
Councilmember Lewis said that while it is not ideal, the Civil Service can proceed with at least one of the agenda items with a quorum at 5 members. She said the positions on Civil Service were too important to rush into a vote and pushing someone through.
Councilmember Sheikh told the public that they are working hard to put the right person in positions of power.
Councilmember Kalani echoed the sentiments of Councilmember Sheikh .
Councilmember Mattucci said that Mr. Manbahal was qualified, if not over-qualified, for the position and would have gotten the support in any scenario. He said that the City Council voted to approve the mayor's nomination but that some articles were implying that Mr. Manbahal had done something wrong legally. He listed the items he was being investigated on and said those were not things to be considered illegal. He continued that the City Council does not investigate all applicants properly before they serve and said there needs to be a process in place, so certain applicants are not singled out. He said this was more about going after Mayor Chen. · He said that the mayor is making nominations to be approved by the City Council, not a unilateral appointment.
Aleksander Alderete
Minutes Secretary 2
City Council
September 19, 2022
City Attorney Sullivan clarified that the mayor makes an appointment, not a nomination, but that it requires approval from the City Council at four votes.
Councilmember Mattucci said that five votes were casted to approve Mr. Manbahal. He said he understands after seeing the articles to want to revisit but that there were no charges made against him. He said the accusation of him using reserves has been done in Torrance. He added that the pay advance was nothing to be looked at negatively. He reiterated that this was more about going after Mayor Chen. He said he is fine with changing the policy but that there should have been an item to do this to fix the process. He stated that accusations of the mayor being a tyrant were not indicative of unity and that he acted under proper conditions under the law and his rights. He said Mr. Manbahal was qualified for the job but that if evidence came up during the meeting that he was charged of something that he might change his position. He reiterated that there should be this level of scrutiny for every public official.
Councilmember Lewis stated that she could not make the decision over the quality of the candidate since she was not provided the materials to do so. She asked if voted to remove, does the candidate get prevented from applying again for the two commission positions or other council positions.
City Attorney Sullivan replied that it did not for both. He added that other people could apply as well.
Mayor Chen said that every council member should be able to read through the details. He said no councilmember was prevented from interviewing, but that discussion was good.
Councilmember Kalani said that she was not attacking Mayor Chen but rather that she did not feel her actions were appropriate at the time of her vote.
Mayor Chen stated that he did not have any prior relationship with Mr. Manbahal. He said that he was told of the resignation at the West Valley Water District, and he performed a thorough background check on him.
Councilmember Kaji emphasized that fairness and respect should be given equally to individuals. He said Mr. Manbahal deserved procedural due process as well. He disclosed that he did not have any previous connection to Mr. Manbahal. He recounted the Japanese interment during World War 2 and made it clear that due process was paramount, and this case was no different. He asked City Clerk Poirier what prompted her to add this item to remove Mr. Manbahal for the special meeting.
City Clerk Poirier replied that it was the request from Councilmember Kalani.
Councilmember Kaji asked what information was provided to her at the time to make this recommendation.
City Clerk Poirier said that it was based on a misunderstanding with the recommendation on her item at the past council meeting that the council felt that they did not have a decision and that it was mandatory that they vote in favor of the mayor's appointment.
Councilmember Kaji asked if she provided notebooks in the last round of commission appointments around July.
City Clerk Poirier said that was correct.
Councilmember Kaji said that included Mr. Manbahal's application .
Aleksander Alderete
Minutes Secretary 3
City Council
September 19, 2022
City Clerk Poirier concurred .
Councilmember Kaji asked if Mr. Manbahal was applying to multiple commissions, and if so, which commissions.
City Clerk Poirier said that he was and said that Airport Commission was his first choice but could not remember the other two. She added that when they alerted him that an open position was on Civil Service, they marked him to move forward to another appointment for a different commission.
Councilmember Kaji asked if all councilmembers had equal access at that time to Mr.
Manbahal's application.
City Clerk Poirier said that they did but only at that time since they get collected shredded after the meeting and appointment process.
Councilmember Kaji asked about the duties of the City Clerk.
City Clerk Poirier responded that the City Clerk's duties include maintaining records, doing administrative items regarding commissions, bringing commission appointments forward, accepting the applications, etc. The City Clerk is the elections official for the City of Torrance. She said that she is the FPPC filing officer who accepts all campaign statements from candidates and council as well as conflicts of interest filings from all city employees, mayor, and council.
Councilmember Kaji asked if the City Clerk has ever made the recommendation for the removal of a sitting commissioner.
City Clerk Poirier said that there has not been and the only time where a commissioner was removed it was done under the City Manager's office.
Councilmember Kaji asked City Attorney Sullivan about the city charter regarding special meetings.
City Attorney Sullivan said that it is covered by the Brown Act which requires in Section 54956 that a special meeting can be called by the presiding officer, which is the mayor, or by a majority of the members of the legislative body.
Councilmember Kaji asked if Section 713 that pertains to special meetings .
City Attorney Sullivan said that was correct and that it mirrors the Brown Act. He read aloud Section 713.
Councilmember Kaji asked if every member of the City Council presented their consent to the special meeting.
City Attorney Sullivan said not all members agreed to the special meeting but that the Brown Act trumps that.
City Clerk Poirier said every member of the City Council has a waiver of notice in her office .
Council member Kaji asked if that meant that every member agreed to the special meeting~ City Clerk Poirier said that was not the case, as it was just a waiver of notice.
Aleksander Alderete
Minutes Secretary 4
City Council
September 19, 2022
Councilmember Kaji said that if this meeting was public then all information including information pertaining to those who requested the special meeting and those who did not.
Councilmember Kalani asked if this could have been done in a closed meeting.
City Attorney Sullivan said there was not due to the Brown Act.
Councilmember Kalani said that was why she could not talk to every councilmember directly but did talk to the mayor prior to this moving forward.
MOTION: Councilmember Kaji moved, for purposes of this meeting, that the emails provided by the City Attorney to the members of the City Council be discussed in public.
Councilmember Mattucci seconded the motion.
City Attorney Sullivan clarified that the commissioner to be considered for removal does not have procedural due process as this is for a civil service commission position and thus is a privilege.
Councilmember Kaji asked if any decision taken today would lead to litigation against Torrance.
City Attorney Sullivan said that there should not be as there is no procedural due process for this position and the City Council has the right to remove any commissioner with or without cause under the municipal code.
Councilmember Lewis was concerned that this was about the person on the commission rather than the process on how the person got to the position. She continued that releasing emails from the City Attorney to the City Council sets Torrance down a dangerous precedent. She stressed not to break attorney-client privilege unless for very good cause and this does not meet those criteria.
Councilmember Kalani said that this was about the process not the person and that he can reapply, and the City Council can interview.
City Attorney Sullivan clarified that there can be no motion for reconsideration since he is already sworn into office. The City Council can either take the action to remove via the municipal code or nothing.
Councilmember Mattucci said this was all about the person being removed and not the process, as the process would be coming back at another time. He said the emails should be discussed.
The motion carried by a vote of 4-3 with Councilmember Griffiths, Councilmember Sheikh and Councilmember Lewis voting no.
Councilmember Kaji read aloud the first email.
MOTION: Councilmember Mattucci moved to discuss all emails pertaining to this item from the City Attorney to the City Council. Councilmember Kaji seconded the motion. The motion carried by a vote of 4-3 with Councilmember Griffiths, Council member Kalani and Council member Lewis voting no.
Aleksander Alderete
Minutes Secretary 5
City Council
September 19, 2022
Councilmember Kaji read more emails. He noted the references to the articles of Mr.
Manbahal and asked about the documents in the email.
City Attorney Sullivan responded that they were news articles from Hawthorne at his former employer at the West Valley Water District. He added there were settlement agreements, a separation, and another was a repayment of about $8,333 for a period to get to $25K in repayment.
Councilmember Kaji asked about the document labeled confidential and was redacted.
City Attorney Sullivan said that it was a Hawthorne investigation regarding Mr. Manbahal.
Councilmember Kaji said that investigation was conducted by an outside contractor.
City Attorney Sullivan concurred and said it was available on the internet.
Councilmember Kaji said the report was highly redacted because there were only 3 or 4 pages of a larger document.
City Attorney Sullivan said that was posted on the internet likely from a public records request.
Councilmember Kaji asked if any information was provided to the Mayor and City Council on Mr. Manbahal after that email.
City Attorney Sullivan said that the only information was the fact that his application was dated July 20, and according to the article his last day at his former employer was June 30 so it was either incorrect or an error.
Councilmember Kaji asked if the City Attorney or anyone in the city has established contact with the City of Hawthorne regarding Mr. Manbahal since the email from September 16.
City Attorney Sullivan said that he has not.
Councilmember Kaji asked if he had contact with the West Valley Water Basin .
City Attorney Sullivan said that he had not.
Councilmember Kaji asked if he had contact with the authors of the article in the Daily Breeze or other newspapers.
City Attorney Sullivan said that he had not.
Councilmember Kaji asked City Manager Chaparyan how many employees Torrance had.
City Manager Chaparyan replied that there were 1300 FTEs and with the recurrent that could get up to 2000 at some point.
Councilmember Kaji asked if he had oversight over the applications submitted by the public for commission positions.
City Attorney Sullivan interjected that applications go to the City Clerk and not the City Manager for review or action. He added that City Manager, City Attorney and City Council receive them at the same time but that the City Manager has no review process.
Aleksander Alderete
Minutes Secretary 6
City Council
September 19, 2022
Councilmember Kaji asked who oversaw vetting the applications in regard to commissioners.
City Manager Chaparyan replied that the City Council holds interviews and makes appointments based on deliberation.
Councilmember Kaji asked if the City Council and Mayor were the only bodies with investigatory abilities.
City Manager Chaparyan reiterated that it was vetting and deliberations through interviewing from the City Council. He said the only body that can vet candidates was the City Council.
Councilmember Kaji asked if the City Council and the Mayor share one executive assistant.
City Manager Chaparyan concurred .
Councilmember Kaji asked if the executive assistant's duties could be to conduct investigations on behalf of the Mayor and City Council.
City Manager Chaparyan said that has not been the practice and it may be outside the scope of this individual's job duties.
Council member Kaji asked if it was the Human Resources Departments' duties to conduct research into the qualifications of each applicant.
City Manager Chaparyan said there were thresholds under law when there could be investigations but normally, they will conduct the background portion and the hiring department would make reference checks prior to employment.
Council member Kaji asked if during that research it came out that the applicant had stated a fact that was incorrect, would that be a basis for summary dismissal.
City Manager Chaparyan said that it could depending on the totality of the circumstances.
Councilmember Kaji asked City Attorney Sullivan about commissioners not being given procedural due process.
City Attorney Sullivan replied that one must a property interest, such as to a job or property. He said something akin to losing right to citizenship, property or business would enable due process. He said this was an appointed position so there was no due process protection.
Councilmember Kaji asked if the City Manager and City Attorney positions were at-will.
City Attorney Sullivan said that the City Manager position was at-will, but the City Attorney was a civil service position.
Councilmember Kaji asked for an at-will definition .
City Attorney Sullivan said it was serving at the pleasure of your employer.
Councilmember Kaji asked then if the City Manager's reference would be the City Council .
Aleksander Alderete
Minutes Secretary 7
City Council
September 19, 2022
City Attorney Sullivan concurred. He said that that there is a charter process to remove the City Manager which includes a public hearing, adopt a resolution, serve it on him, give him notice, then conduct another public hearing and a requirement of a certain threshold of votes from City Council.
Councilmember Kaji said that given the prior comments from staff, a simple internet search should not be the sum of a full vetting process. He said the removal process was half-baked. He continued that the research needs to be fair and thorough to allow the public to know the qualifications.
City Attorney Sullivan clarified that he was not investigating . He continued that his office provides information on various items and there was information online to be possibly aware of.
He said that he was not recommending to remove or keep him on.
Councilmember Kaji said since this information was provided in lieu of other research then it seemed that the research was not enough for the City Clerk to have to call a special meeting.
City Attorney Sullivan clarified that this was not on City Clerk Poirier, and it was a procedural item created by the City Clerk so the City Council could confer.
Councilmember Kalani said she was unaware of the articles prior, she clarified that she simply wants a restart.
Councilmember Lewis said she concurred with Councilmember Kalani on not knowing about the applicant and the articles. She said this was necessary so there could be a restart. She said it was unfair to single out an applicant and that it should be about the process. She said the city is struggling for applicants and funds and putting another burden on staff to vet commissioners is not the right way to go.
Councilmember Griffiths reiterated that the City Council should have the information it needs to make the right decisions. He said this way was necessary and that the applicant can reapply. He said it was not about the qualifications but rather the process.
Councilmember Sheikh asked the City Clerk to clarify about the folders.
City Clerk Poirier said the folders with unredacted applications were taken upstairs and that Mayor Chen had requested she remove them since he was making the appointment and there would not be interviewing. She reiterated that an email was sent regarding the unredacted applications being sent to Ms. Briseno and that she could provide those to the City Council.
Councilmember Sheikh said that he did not have the proper information to decide.
Councilmember Mattucci stated that the City Council did interview Mr. Manbahal except Councilmember Lewis within the last two months. He added that the application was available to all of them and that the package from 2 months was an identical application.
Mayor Chen clarified that the binders were at lsela's desk and that he asked City Clerk Poirier to streamline the process since the binders were old applications. He said the binders were determined to not be needed so they were sent back. He said that at least 2 of the 3 applicants were in the August 9 package.
Councilmember Kaji disagreed that changing the process required removing the sitting commissioner, it should be done separately through the City Charter.
Aleksander Alderete
Minutes Secretary 8
City Council
September 19, 2022
City Clerk Poirier clarified that the changes should be through the municipal code, not the charter code.
Councilmember Kalani stated that she has recollected interviewing Mr. Manbahal and possibly even nominating him in the past. She said that it was important that the other applicants were not given their fair due in the process. She added that since he has not attended any meetings it made sense to request the meeting before that happened.
Councilmember Griffiths did not recall interviewing Mr. Manbahal. He said that he was an applicant in the past but that there was no way to know if he interviewed him considering how many applicants/interviews there are. He added that he only interviews those who reach out to him and that just an application does not necessarily mean it was a full vetting. He continued that no copies of the application made the process difficult. He said that reversing the decision that happened before did not mean that it was a judgment against Mr. Manbahal.
Councilmember Sheikh stated that he did not have any interaction with Mr. Manbahal during the application process.
Members of the public spoke .
Mayor Chen admitted that the process would have been improved had the binders been kept there. He stated that he was simply trying to streamline the process for one of the vacancies.
City Clerk Poirier added that the item was written that the mayor would be making the appointment.
A member of the public spoke.
Mr. Manbahal spoke to the City Council. He said that he was experienced in local government and held high level positions. He said that comes with scrutiny and that city officials were un-elected or removed from positions due to what he was trained to do, which was to protect the publics' funds. He said the repayment was completely done and an advance. He clarified that it was due to a hardship in his family and that it was given and repaid. He continued that he was promoted 3 times in 4 years at the West Valley Water District. He said he was CFO and ended his career as the General Manager and Chief Executive Officer. He increased the reserves to $40M during his tenure and revamped the HR and accounting policies. He negotiated MOUs and labor contracts. He said his removal was a disservice to the people of Torrance and city employees.
A member of the public spoke.
Councilmember Kalani stated that this was not personal at all and that it was about the process only.
Councilmember Lewis agreed with Councilmember Kalani.
Councilmember Mattucci said that he was in favor of changing the process but that was not what this item was about. He said that Mr. Manbahal would be very qualified for the position.
He said that a restart was harsh to Mr. Manbahal and did not agree with removing him.
Councilmember Kaji was concerned that this ordeal has made Mr. Manbahal collateral damage in focusing on the process of it. He said that Torrance struggles getting qualified applicants, so this was needless to discard him.
Aleksander Alderete
Minutes Secretary 9
City Council
September 19, 2022
Councilmember Sheikh reiterated that he never got to speak with Mr. Manbahal. He implored that the public should reach out to the City Council when applying for positions.
Mayor Chen interjected that each councilmember and the mayor choose their own process in the vetting process.
Councilmember Kalani reiterated concern that the other 2 applicants did not get their fair vetting.
Councilmember Lewis said that the commissions are paramount and implored the public not to be deterred about the process. She reiterated that the process was changed and that caused this ordeal. She continued that it should be the process that was used for many years before the recent change.
Councilmember Griffiths asked if councilmembers have the right to reconsider a vote taken in the past.
City Attorney Sullivan said that was correct under the Council Rules of Order which stated that it can be done within one of the next two succeeding meetings. He said that if the applicant had not been sworn then they would have been able to do a reconsideration.
Councilmember Griffiths said that would mean that the swearing in would have to be undone by removing the applicant from that position and then reconsider the vote.
City Attorney Sullivan said that was correct.
Councilmember Griffiths said that reconsidering his vote was important. He echoed Councilmember Lewis's earlier comments on the issue of this emergency meeting.
MOTION: Councilmember Mattucci moved to keep Mr. Manbahal in his position and moved to bring back an item to review the policies across the board for City appointments and to possibly change those policies. Councilmember Kaji seconded the motion. The motion failed by a vote of 3-3 with Councilmember Griffiths, Councilmember Kalani and Councilmember Sheikh voting no, and Councilmember Lewis abstaining.
MOTION: Councilmember Kalani moved that Mr. Manbahal be removed and restart with the notification of opportunity for the public to apply for the Civil Service Commission vacancy, with an invitation for Mr. Manbahal as well. Councilmember Sheikh seconded the motion. The motion carried by a vote of 4-3 with Councilmember Kaji, Councilmember Mattucci and Mayor Chen voting no.
Aleksander Alderete
Minutes Secretary 10
City Council
September 19, 2022
6. ADJOURNMENT
At 9:57 a.m., the City Council adjourned to Tuesday, September 27, 2022, at 5:00 p.m . for closed session, with regular business commencing at 6:30 p.m. in the Council Chamber.
Tuesday, October 4, 2022, is a Council Dark Night.
MOTION: Councilmember Sheikh moved to adjourn the City Council meeting .
Councilmember Griffiths seconded the motion. The motion carried by a vote of 7-0. ~ eccaPoirier
City Clerk of the C!ty of Torrance
Aleksander Alderete
Minutes Secretary
Approved on October 11, 2022
11 City Council
September 19, 2022