Masks, Eminent Domain On Manhattan Beach City Council Agenda

MANHATTAN BEACH, CA — The Greater Los Angeles area roiled over the Manhattan Beach City Council's new law last week authorizing mask enforcement and fines ranging from $100 to $350. As media outlets reported the move and word spread that non-mask wearers in Manhattan Beach stood to be fined, residents and community members raged over social media networks and Nextdoor.

Some hailed the move, calling it long overdue. Others said it violated their personal freedoms. Still others said masks just don't work, so why wear one? Indeed, those are three of the ongoing dominant threads of conversation when it comes to COVID-19 and masks.

Once word of City Council's decision to fine non-mask wearers got out, people wanted to know the ins and outs of enforcement, practical information like "When will enforcement begin?" "When do I have to wear a mask in public? When out for a run? When sitting on the beach? When playing singles tennis? When taking a short walk in my neighborhood? "The second my feet hit public pavement on the way to retrieve something from my car parked at the curb, just feet away from where I live?"

Given all of the questions that surfaced, it will be interesting to see if city council discusses the new mask law tonight at its regularly scheduled meeting. The meeting, which is broadcast live, begins at 6 p.m. and COVID-19 and anything related to it is usually addressed early in the meeting under the broad heading of "City Council to Consider Additional Measures to Address COVID-19." Council members then broach any topics related to the disease they'd like to discuss.

Tonight, city council will also consider an agenda item that would allow the city to move forward with eminent domain proceedings to acquire a portion of land at the corner of Artesia and Aviation boulevards. The city says it needs an 8-foot-wide area on the easterly side of the property at 1727 Artesia Boulevard. The city is at work on improving the traffic flow by adding a right turn lane onto west Artesia Boulevard from southbound Aviation Boulevard. A Chase Bank branch is located at the address, which includes parking for the bank.

The current owner of the property, who did not own the property when a previous owner struck a deal with the city allowing for future use of the area for roadwork, contends she was never notified by the city or when she purchased the property that the area in question had been given to the city.

The property is a 23,420-square-foot site, and on August 15, 2006, city council adopted Resolution No. 6055, approving a Use Permit for a 5,800-square-foot retail center on the property. A condition of the Use Permit required the owner to dedicate 8 feet along the Aviation Boulevard frontage for future street widening. The retail center was constructed within the confines of the property, exclusive of the 8-foot "Dedicated Area,"and bot the then-owner and current owner "have thus received the benefits of the Use Permit, and must comply with all of the conditions of approval, including dedicating the Dedicated Area to the City at no cost to the City.

"In a letter dated July 2, 2020, authored by Owner’s counsel, the Owner takes the position that the Owner purchased the Subject Property without knowledge of the dedication requirement, and thus is entitled to just compensation for the Dedicated Area."

Tonight's agenda is here. Details on how to watch the meeting are here. Members of the public may file an ecomment online that will be part of the official record. More complete information on public comment, how to watch the meeting via Zoom or livestreaming/webcast, as well as the agenda can be found on this page of the city website. Zoom also allows a call-in only mode.