Minutes
Redondo Beach City Council
Tuesday, November 1, 2022
Closed Session - Adjourned Regular Meeting 4:30 p.m.
Open Session - Regular Meeting 6:00 p.m.
4:30 PM - CLOSED SESSION — ADJOURNED REGULAR MEETING
A. CALL MEETING TO ORDER
An Adjourned Regular Meeting of the Redondo Beach City Council was called to order by Mayor Pro Tem Nehrenheim at 4:32 p.m. in the City Hall Council Chamber, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Emdee, Horvath, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim Councilmembers Absent: Mayor Brand
Officials Present: Michael Webb, City Attorney
Mike Witzansky, City Manager
Vickie Kroneberger, Chief Deputy City Clerk
C. SALUTE TO THE FLAG AND INVOCATION - None
D. BLUE FOLDER ITEMS — ADDITIONAL BACK UP MATERIALS - None E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS AND NON -AGENDA ITEMS — None F. RECESS TO CLOSED SESSION: 4:32 p.m.
City Manager Witzansky reported that present for Closed Session will be himself, City Attorney Mike Webb, Assistant City Attorney Cheryl Park, Police Chief Joe Hoffman, Waterfront & Economic Development Director Greg Kapovich, Outside Leasing Agent Brian Campbell and Outside Legal Counsel Laura Kalty.
Motion by Councilmember Horvath, seconded by Councilmember Loewenstein, to recess to Closed Session at 4:32 p.m. to consider the items listed under Closed Session. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
F. 1. CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Redondo Beach Police Officers Association
CONTACT: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES F. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
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AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
Pier Plaza
129 W. Torrance Blvd, Redondo Beach, CA 90277
a portion of APN: 7505-002-908)
NEGOTIATING PARTY:
Mark McCracken CEO of Electric Rides LLC
UNDER NEGOTIATION:
Both Price and Terms
Motion by Councilmember Horvath, seconded by Councilmember Loewenstein, to recess to Closed Session at 4:33 p. m. to consider the items listed under Closed Session attended by City Manager Mike Witzansky, Chief of Police Joe Hoffman, Waterfront & Economic Development Director Greg Kapovich, Outside Leasing Agent Brian Campbell and Outside Legal Counsel Laura Kalty. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
G. RECONVENE TO OPEN SESSION — 6:00 p.m.
H. ROLL CALL
Councilmembers Present: Emdee, Horvath, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim Councilmembers Absent: Mayor Brand
Officials Present: Michael Webb, City Attorney
Mike Witzansky, City Manager
Eleanor Manzano, City Clerk
Vickie Kroneberger, Chief Deputy City Clerk
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
J. ADJOURN TO REGULAR MEETING
Mayor Pro Tem Nehrenheim adjourned the Closed Session at 6:00 p. m. 6: 00 PM - OPEN SESSION - REGULAR MEETING
A. CALL TO ORDER
A Regular Meeting of the Redondo Beach City Council was called to order by Mayor Pro Tem Nehrenheim at 6:00 p.m. in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Emdee, Horvath, Loewenstein, Obagi; Mayor Pro Tem Nehrenheim Councilmembers Absent: Mayor Brand
Officials Present: Michael Webb, City Attorney
Mike Witzansky, City Manager
Eleanor Manzano, City Clerk
Vickie Kroneberger, Chief Deputy City Clerk
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C. SALUTE TO THE FLAG AND INVOCATION
At the request of Mayor Pro Tem Nehrenheim, the audience and Councilmembers rose to salute the flag followed by a moment of silence.
D. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
Councilmember Loewenstein announced the District 2 community meeting will be held on November 16, 2022 at 6:00 p. m. on Zoom.
Councilmember Horvath announced the District 3 community meeting will be held either on November 17th or November 19th and noted he will have more details next week.
Councilmember Obagi announced the District 4 community meeting will be held November 16th at 6:30 p.m. on Zoom; thanked District 4 and the City for voting in the recent special election; thanked Erica StazoGonzalez and the RBPD for the recent vigil for domestic violence awareness and thanked City volunteers for their work; congratulated Dr. Nicole Wesley on becoming Superintendent ofthe school district and commented on the success of Halloween events.
Counciimember Emdee spoke about the recent Women' s Club celebration of the 100th anniversary of their clubhouse; commented on a Halloween block party in District 5; condemned posters making false statements on Halloween and presented Councilmember Obagi with a gift, congratulating him for successfully winning the recall.
Mayor Pro Tem Nehrenheim announced the District 1 community meeting will be held November 12, 2022; commented favorably on the recent vigil for domestic violence awareness; reported attending the recent VIP Dinner hosted by the Rotary Club; thanked Councilmember Obagi for attending the recent Green Line meeting in Torrance; thanked Riviera Village and the BID for their Halloween event and commented on the special election turnout.
E. APPROVE ORDER OF AGENDA
There were no public comments for this item.
Motion by Councilmember Horvath, seconded by Councilmember Emdee, to approve the Order of Agenda, as presented. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
F. AGENCY RECESS — 6: 13 p.m.
F.I. REGULAR MEETING OF THE COMMUNITY FINANCING AUTHORITY CONTACT: LORI YAMASAKA, ACTING FINANCE DIRECTOR
ROLL CALL:
Councilmembers Present: Emdee, Horvath, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim Councilmembers Absent: Mayor Brand
Officials Present: Michael Webb, City Attorney
Mike Witzansky, City Manager
Eleanor Manzano, City Clerk
Vickie Kroneberger, Chief Deputy City Clerk (via Zoom)
G. BLUE FOLDER ITEMS — ADDITIONAL BACK UP MATERIALS
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G.1. For Blue Folder Documents Approved at the City Council Meeting Motion by Councilmember Horvath, seconded by Councilmember Obagi, to receive and file Blue Folders for Agenda Items J. 1, and N. 3. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
H. CONSENT CALENDAR
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to approve the Consent Calendar, as presented, except for Item No. H. 12., which was removed from the agenda and will return before City Council on November 8, 2022. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
H. 1. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 1, 2022
CONTACT: ELEANOR MANZANO, CITY CLERK
H. 2. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL
ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
CONTACT: ELEANOR MANZANO, CITY CLERK
H. 3. PAYROLL DEMANDS
CHECKS 28594-28623 IN THE AMOUNT OF $ 30,319.26, PD. 10/28/22 DIRECT DEPOSIT 255294-255854 IN THE AMOUNT OF $2,016,589.93, PD. 10/28/22 EFT/ACH $7,532.23, PD. 9/ 16/22 (PP2219)
EFT/ACH $363,383.05, PD. 9/21/ 22 (PP2219)
EFT/ACH $360,982.92, PD. 10/6/22 (PP2220)
ACCOUNTS PAYABLE DEMANDS
CHECKS 105895-106085 IN THE AMOUNT OF $2,302,962.08
EFT CALPERS MEDICAL INSURANCE $363,737.45
DIRECT DEPOSIT 100006547-100006644 IN THE AMOUNT OF $ 83,094.75, PD.11/ 1/ 22
REPLACEMENT DEMAND 105894
CONTACT: LORI YAMASAKA, ACTING FINANCE DIRECTOR
HA. ADOPT BY TITLE ONLY RESOLUTION NO. CC -2211- 086, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, APPROVING FREE PARKING WITHIN THE PIER AND PLAZA PARKING STRUCTURES FOR THE 2022 HOLIDAY SEASON - DURING THE HOURS OF 8AM TO 10PM FROM DECEMBER 3, 2022 THROUGH JANUARY 1, 2023
CONTACT: GREG KAPOVICH, WATERFRONT & ECONOMIC DEVELOPMENT DIRECTOR H. 5. APPROVE THE SECOND AMENDMENT TO THE AGREEMENT WITH SWA GROUP FOR THE
PREPARATION OF A PUBLIC AMENITIES PLAN FOR KING HARBOR TO INCREASE THE AGREEMENT'S NOT -TO -EXCEED TOTAL FROM $ 242,872 TO $272,872 CONTACT: GREG KAPOVICH, WATERFRONT & ECONOMIC DEVELOPMENT DIRECTOR H. 6. ADOPT BY TITLE ONLY, RESOLUTION NO. CC -2211- 088, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, APPOINTING AN ADVISORY
BOARD IN CONNECTION WITH THE RIVIERA VILLAGE BUSINESS IMPROVEMENT DISTRICT
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AND DIRECTING THE PREPARATION OF A REPORT FOR FISCAL YEAR 2023 RECEIVE AND FILE THE ADVISORY BOARD'S ANNUAL REPORT FOR 2023 ADOPT BY TITLE ONLY, RESOLUTION NO. CC -2211- 089, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2023 IN CONNECTION WITH THE RIVIERA
VILLAGE BUSINESS IMPROVEMENT DISTRICT
ADOPT BY TITLE ONLY, RESOLUTION NO. CC -2211- 090, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DECLARING ITS INTENTION TO
LEVY AN ASSESSMENT AGAINST BUSINESSES WITHIN THE RIVIERA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2023 AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO; AND SET DECEMBER 6, 2022 AT 6: 00 PM AS THE DATE
AND TIME FOR THE PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSESSMENTS CONTACT: GREG KAPOVICH, WATERFRONT & ECONOMIC DEVELOPMENT DIRECTOR H.7. APPROVE A RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT POLICY FOR THE CITY OF REDONDO BEACH TO COMPLY WITH SB 1383 REGULATIONS CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.8. AUTHORIZE THE PURCHASE AND INSTALLATION OF THREE REPLACEMENT STREET MONUMENT SIGNS FROM CONTINENTAL NEON AND PLASTIC SIGNS INC. FOR A COST OF 99,870
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H. 9. APPROVE ESCROW AGREEMENT NO. 10277604 WITH SULLY MILLER CONTRACTING
COMPANY FOR SECURITY DEPOSITS FOR THE RESIDENTIAL STREET REHABILITATION PROJECT, CYCLE 2 PHASE 3, JOB NO. 40190
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H. 10. APPROVE THE SECOND AMENDMENT TO THE AGREEMENT WITH BUREAU VERITAS
NORTH AMERICA, INC FOR BUILDING AND FIRE PLAN CHECK REVIEW SERVICES FOR THE
SECOND PHASE OF THE SOUTH BAY SOCIAL DISTRICT ( GALLERIA RENOVATION) PROJECT FOR AN ADDITIONAL CONTRACT AMOUNT OF $ 280,086 AND A NEW NOT TO EXCEED TOTAL OF $ 335,086 FOR THE EXISTING AGREEMENT TERM CONTACT: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
H. 11. ADOPT BY TITLE ONLY RESOLUTION NO CC -2211- 087, A RESOLUTION OF _THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, APPROVING THE WAIVER OF
PARKING METER FEES FOR THE AREAS OF THE RIVIERA VILLAGE, SOUTH CATALINA AVENUE AND PEARL STREET FOR THE 2022 HOLIDAY SEASON FROM DECEMBER 3, 2022 THROUGH DECEMBER 31, 2022
CONTACT: JOE HOFFMAN, CHIEF OF POLICE
H. 12. [ removed] DECLARING THE RESULTS OF THE OCTOBER 19, 2022 SPECIAL MUNICIPAL ELECTION ADOPT BY TITLE ONLY RESOLUTION NO. CC -2211- 093, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA RECITING THE FACT OF
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THE SPECIAL MUNICIPAL ELECTION HELD ON WEDNESDAY, OCTOBER 19, 2022,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW CONTACT: ELEANOR MANZANO, CITY CLERK
This Item was removed from the agenda and will return to City Council for consideration at its meeting on November 8, 2022.
H. 13. ADOPT BY TITLE ONLY RESOLUTION NO. CC -2211- 091, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA AMENDING THE SALARY
RANGE FOR THE FINANCE DIRECTOR POSITION
CONTACT: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES Mayor Pro Tem Nehrenheim announced Item No. H. 12. will be removed from the agenda and return to City Council for consideration on November 8, 2022.
Mayor Pro Tem Nehrenheim invited public comments.
Lina Carrillo, President, Redondo Beach Professional and Supervisory Association ( RBPSA) submitted documents to the City Clerk.
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to receive and file Ms. Carrillo's document submission. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Ms. Carrillo commented regarding Item No. H. 13., noted RBPSA supports the item; reported even with the change, the Finance Director position is still the lowest paid among neighboring cities; urged Council to realize that City employees are the lowest paid in the area and stated this is a significant issue that needs to be addressed on a larger scale.
Chief Deputy City Clerk Vickie Kroneberger ( via Zoom), read an eComment submitted by Grace Peng regarding Item No. H.4.
There were no other public comments on this item.
City Clerk Manzano read titles to Resolutions No. CC -2211- 086, CC -2211- 087, CC -2211- 088, CC -2211- 089, CC -2211- 090, CC -2211- 091, and CC -2211- 093.
I. EXCLUDED CONSENT CALENDAR ITEMS - None
J. PUBLIC PARTICIPATION ON NON -AGENDA ITEMS
J. 1. For eComments and Emails Received from the Public Joan Irvine, District 1, reported the majority of voters in Redondo Beach are over 50 years old and voted against Measure E; thanked residents for voting; urged City Council to ensure that future dispensaries are in safe locations where seniors feel comfortable going and spoke about the importance of offering cannabis education.
Sheila Garcia announced an upcoming " Red versus White Night' wrestling fundraiser at Redondo Union High School and spoke in favor of collaboration between the School Board, City Council and parents.
Don Szerlip, District 4, spoke in honor of City Attorney Michael Webb; reported the City was recently presented with one of the most prestigious awards given by the League of California Cities, the Helen
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Putnam Award, for the City Attorney's efforts in establishing the Homeless Court and the City's homeless programs and noted Mr. Webb will be missed in his retirement.
Jonatan Cvetko spoke about the City's great victory defending against Elliot Lewis, Barry Walker and Adam Spiker; discussed their attempts to divide the community and thanked each City Councilmember, City staff, the Planning Commission and specific Redondo Beach residents and urged Council to work to unite the City as it goes forward.
There were no other public comments and Mayor Pro Tem Nehrenheim closed Public Participation on Non - agenda items.
K. EX PARTE COMMUNICATIONS
Councilmember Loewenstein reported speaking to the public regarding Item No. L. 1.
Councilmember Horvath reported speaking to the public and staff regarding Item No. L. 1.
Councilmember Obagi reported speaking to the public regarding Item No. L.2.
Councilmember Emdee reported speaking with staff regarding Item No. L. 1.
L. PUBLIC HEARINGS
LA. PUBLIC HEARING TO CONSIDER RESOLUTION 2211- 092 TO ADD A CANNABIS TAXATION ORDINANCE AS A BALLOT MEASURE FOR THE MARCH 7, 2023 ELECTION PROCEDURES:
1. Open public hearing and take testimony;
2. Close public hearing and deliberate; and
3. Adopt the following resolution by title only:
ADOPT BY TITLE ONLY RESOLUTION 2211- 092, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF REDONDO BEACH, CALIFORNIA, SUBMITTING TO THE CITY VOTERS A BALLOT
MEASURE TO ESTABLISH A BUSINESS TAX ON BUSINESSES WHICH SELL, DISTRIBUTE,
MANUFACTURE, AND CULTIVATE CANNABIS INCLUDING INDUSTRIAL HEMP AND HEMP PRODUCTS; REQUESTING THAT THE LOS ANGELES BOARD OF SUPERVISORS AUTHORIZE
THE COUNTY REGISTRAR RECORDER/COUNTY CLERK OFFICE TO RENDER SPECIFIED
SERVICES TO THE CITY OF REDONDO BEACH RELATING TO THE CONDUCT OF THE
ELECTION, AND REQUESTING ADDING THIS ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 2023
CONTACT: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to open the public hearing. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Community Development Director Brandy Forbes introduced the item, City Consultant David McPherson, HDL, via Zoom, and Senior Deputy City Attorney Jillian Martins and presented details of the Administrative Report.
Discussion followed regarding changes to the ordinance discussed previously, including education in the ballot question, communicating in the ballot language that the tax will be to the business and not the consumer and providing the tax rate range (3% to 9%) within the ballot question.
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Mr. McPherson, via Zoom, reported there is a challenge in that there is a maximum of 75 words allowed for the ballot question and commented on listing the tax rate range.
City Attorney Webb commented on risks in terms of a general tax versus a special tax and the possibility of being challenged on the ballot question.
Councilmember Obagi presented recommended changes to the ballot question.
Assistant City Attorney Martins offered to research the item further and return to City Council with a report.
Mr. McPherson suggested including information about not passing the tax onto the consumer in the impartial analysis.
Councilmember Emdee suggested removing the language, "such as Police, Fire, Roads and Recreation" and making it as simple as possible for people to understand.
Mr. McPherson discussed the $500,000 expected tax revenue; noted it would be reasonable to start the rate at 1 % and the worse scenario would be to start at 9%.
Community Development Director Forbes mentioned the minimum tax rate for retail is 3% and between 1 % and 3% for cultivation.
Discussion followed regarding the importance of being consistent with the ballot language and adding "from retail establishments" relative to the tax liability.
City Manager Mike Witzansky referenced ballot language for a previous measure, Measure UU as an example of acceptable language.
City Clerk Manzano specified corrections to the resolution.
Mayor Pro Tem Nehrenheim invited public comments.
Joan Irvine, District 1, thanked Council for keeping the tax rate at a reasonable amount; reported many seniors and baby boomers buy from illicit markets because they do not have to pay taxes and reported she is working on a proposal to provide cannabis education to seniors.
Rolf Strutzenberg cautioned against using the word "between" on the ballot statement; spoke about tying the 300,000 to $900,000 to the 3% to 9% and leaving the 1 % to 3% dangling and commented on the developer fees.
Don Szerlip, District 4, commented on a 5% tax and stated the government does not have the authority to raise taxes unless it is voted on by the people.
Mayor Pro Tem Nehrenheim clarified it is a licensing fee, not a tax.
Attorney Martins explained developer agreements are specifically allowed to do exactly what is drafted in the ordinance.
Mr. Szerlip said the added costs will be passed onto customers and objected to the government picking pockets at a time of runaway inflation costs.
Jonatan Cvetko commented that if the item fails, the City can still benefit from development fees; suggested using the verbiage retail activities versus non -retail activities; discussed the benefits of passing the tax; recommended communicating that the tax and development fees will go towards public health and safety and
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changing the wording to identify what the needs are in the City.
Chief Deputy City Clerk Vickie Kroneberger (via Zoom), read an eComment submitted by Steve Colin.
There were no other public comments.
Motion by Councilmember Loewenstein, seconded by Councilmember Obagi, to close the public hearing.
There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Motion by Mayor Pro Tem Nehrenheim, to ADOPT BY TITLE ONLY RESOLUTION 2211- 092, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, SUBMITTING
TO THE CITY VOTERS A BALLOT MEASURE TO ESTABLISH A BUSINESS TAX ON BUSINESSES
WHICH SELL, DISTRIBUTE, MANUFACTURE, AND CULTIVATE CANNABIS INCLUDING INDUSTRIAL HEMP AND HEMP PRODUCTS; REQUESTING THAT THE LOS ANGELES BOARD OF SUPERVISORS
AUTHORIZE THE COUNTY REGISTRAR RECORDER/COUNTY CLERK OFFICE TO RENDER SPECIFIED
SERVICES TO THE CITY OF REDONDO BEACH RELATING TO THE CONDUCT OF THE ELECTION,
AND REQUESTING ADDING THIS ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 2023, as corrected.
The motion failed for lack of a second.
Substitute motion by Councilmember Emdee, seconded by Councilmember Obagi, to reopen the public hearing and continue it to the City Council meeting of November 8, 2022. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Don Szerlip, District 4, mentioned Council is talking about processes that were not approved in the ordinance; felt the ordinance falls short and suggested that Council consider adding a distribution -only outlet and a delivery -only service in the future.
Rita Loy, District 4, suggested using "from" retail sites.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Emdee, to amend the ballot language as proposed by Councilmember Obagi, implement changes to the final Whereas and to Sections 7, 9, 10 and 12 and return with a ballot letter and resolution to the ballot argument. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
L.2. PUBLIC HEARING TO CONSIDER ORDINANCES AMENDING TITLES 9 AND 3 OF THE REDONDO BEACH MUNICIPAL CODE, AND ADOPTING TITLE 24, PARTS 1 THROUGH 12 OF
THE CALIFORNIA (BUILDING STANDARDS) CODE OF REGULATIONS INTRODUCE BY TITLE ONLY ORDINANCE NO. 3247-22, AN ORDINANCE OF THE CITY OF REDONDO BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE
CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ELECTRICAL
CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE
CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA GREEN BUILDING STANDARDS
CODE, CALIFORNIA ENERGY CODE, CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA HISTORICAL BUILDING CODE, THE CALIFORNIA REFERENCED STANDARDS CODE, 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE 2006; AND 1997 UNIFORM HOUSING CODE TOGETHER WITH CERTAIN DELETIONS, ADDITIONS AND AMENDMENTS TO TITLES 3, 5 AND 9 OF THE REDONDO BEACH MUNICIPAL CODE. FOR INTRODUCTION AND FIRST READING.
PROCEDURES:
a. Open the public hearing and take testimony;
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b. Close the public hearing; and
c. Introduce Ordinance No. 3247-22 by title only
CONTACT: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
Motion by Councilmember Obagi, seconded by Councilmember Horvath, to open the public hearing. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Community Development Director Forbes introduced new Chief Building Official Lorena Soules and presented details of the Administrative Report.
Discussion followed regarding streamlining solar installation projects.
Mayor Pro Tem Nehrenheim invited public comments.
Rolf Sfrutzenberg spoke about doing his own solar installation; reported the streamlining exists and noted there is' a lot of confusion about the topic.
There were no other public comments on this item.
Motion by Councilmember Emdee, seconded by Councilmember Horvath, to close the public hearing. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Motion by Councilmember Horvath, seconded by Councilmember Loewenstein, to INTRODUCE BY TITLE ONLY ORDINANCE NO. 3247-22, AN ORDINANCE OF THE CITY OF REDONDO BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA
MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE,
CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ENERGY CODE, CALIFORNIA
ADMINISTRATIVE CODE, CALIFORNIA HISTORICAL BUILDING CODE, THE CALIFORNIA REFERENCED STANDARDS CODE, 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE 2006; AND 1997 UNIFORM HOUSING CODE TOGETHER WITH CERTAIN DELETIONS, ADDITIONS AND AMENDMENTS TO TITLES 3, 5 AND 9 OF THE REDONDO BEACH MUNICIPAL CODE. FOR INTRODUCTION AND FIRST READING. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Clerk Manzano read title to Ordinance No. 3247-22.
M. ITEMS CONTINUED FROM PREVIOUS AGENDAS - None
N. ITEMS FOR DISCUSSION PRIOR TO ACTION
N. 1. DISCUSSION AND POSSIBLE ACTION RELATED TO THE CITY'S BAN ON GENERAL FOOD
SALES, INCLUSIVE OF BEER AND WINE, AT SERVICE STATIONS
CONTACT: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
Assistant to the City Manager Luke Smude narrated a PowerPoint presentation with details of the Administrative Report.
City Manager Witzansky added that the prohibition is not being considered at this time and reported if Council wants to alleviate or modify procedures, staff will return to City Council with general information about changes to the Municipal Code.
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Discussion followed regarding a license shown to be operating in a residential area.
Assistant to the City Manager Smude continued with the presentation and discussed cities that have included additional regulations and over -saturation.
Discussion followed regarding increased competition to existing service stations in the City, repealing the ban in the ACAP region and allowing people to apply for a CUP, the number of police calls for services received from the gas station on Torrance and PCH, considering the location of specific service stations and the number of police calls for service received, potential revenue this may generate for the City, concerns that what is happening at the 76 Station on PCH will happen on along Artesia Boulevard, the possibility of establishing a specific regulatory CUP process that would allow food sales but not beer and wine, flexible options to alleviate problems, creating buffer zones that are unique to each area, exploring the saturation points, avoiding singling out businesses that cannot have alcohol sales, creating conditional approvals, creating a no -appeal -fee process, breaking down police service call data in terms of whether they are alcohol related and prohibiting external advertising of alcohol sales.
Motion by Councilmember Obagi, seconded by Councilmember Emdee, to direct staff to repeal the prohibition but work on CUP criteria for permitting grocery food sales and including beer and wine sales at gas service stations and provide options as it relates to changes in the Municipal Code.
Discussion followed regarding the differences between the regulation of cannabis and alcohol, considering that grocery food sales are not taxed, the 1 % of food sales not generating a lot of revenue and the possibility of slippage in terms of sales tax revenue from beer and wine sales.
Mayor Pro Tem Nehrenheim invited public comments.
Mike Grady noted the automobile business dying; spoke about his neighbor's plan to build a beautiful station with a nice market and an ice create store; discussed approval by the Planning Commission; felt it unfair that he cannot sell a gallon of milk, legally; stated it makes sense to establish a CUP process that would address specific issues and felt the prohibition will not stop people from buying and drinking alcohol.
Lindsay Gutierrez urged that City Council consider amending the City ordinance as it is prohibiting Mr. Shahimi from being successful as a small business owner; spoke about the importance of convenience to community members and asked City Council to allow him the freedom to make his small business, thrive.
Thomas Simmer, Past Present, NRBBA, spoke in support of Doug' s Mobile and Mr. Shahimi in his efforts to request that City Council remove the outdated prohibition; discussed how customers need incentives to enter stores to purchase items of convenience; noted Mr. Shahimi is trying to do this the right way by going through appropriate channels.
Bashir Shahimi discussed the outdated ordinance that makes it difficult for him to compete in today's market; spoke about his goal of improving the aesthetic appearance and services offered at his service station; discussed the Planning Commission' s approval of the remodeling of the station; reported he had asked for two recharging stations and the Planning Commission approved eight and responded to a question from Mayor Pro Tem Nehrenheim regarding the effect on his business of banning tobacco sales service stations.
Samuel Vartanian, Owner of the 76 Station on PCH and Torrance, referenced the police calls for services previously discussed; noted many calls are related to the homeless.
Don Szerlip, District 4, encouraged City Council to get facts about what the calls for police service at the 76 Station on PCH and Torrance are about; spoke in support of Mr. Vartanian; expressed concerns with the existing ordinance relative to requiring the "immediate consumption'; urged Council to change the language and hoped Council will make the proper changes to the ordinance.
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Eugene Solomon suggested the CUP include the requirement of providing security, after hours; spoke about food items not providing sales tax for the City and agreed with an in- depth analysis of where police calls for service come from and whether they are alcohol related.
Candice Nafissi, District 3, via Zoom, hoped the City will not penalize the owner of the 76 Service Station on PCH and Torrance for his proactive approach to keeping his customers and business safe; listed issues contributing to those calls for service; suggested limiting the CUP for one year and reevaluating it; spoke in support of Mr. Shahimi and his business.
Motion by Councilmember Obagi to waive reading of, and receive and file, eComments.
Since there was one eComment, Councilmember Obagi withdrew his motion.
Chief Deputy City Clerk Vickie Kroneberger (via Zoom), read an eComment submitted by Grace Peng.
There were no other public comments on this item.
Mayor Pro Tem Nehrenheim spoke about needing to dissect the Police calls for service related to the 76 Station on PCH and Torrance and voiced support for a temporary use permit.
Councilmember Emdee noted this is about being supportive of small businesses; felt the ordinance should be as flexible as possible; stated it is not about taxes; and suggested that staff return with further information regard the item.
Councilmember Obagi commented favorably on Mr. Shahimi' s business model and suggested granting the CUP on grocery items but not alcohol sales and integrating conditions regarding the type of calls for service.
Councilmember Obagi restated the motion.
Motion by Councilmember Obagi, seconded by Councilmember Emdee, to direct staff to return to City Council with options for repealing the ban on general food sales, including beer and wine in service stations, taking into account the type of police calls for service and including through CUPS and the conditions for which they would be issued and evaluated. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Assistant City Attorney Cheryl Park reported food sales includes the sale of alcohol.
Discussion followed regarding developing objective criterion that would be applicable to all and creating buffer zones.
N. 2. DISCUSSION AND POSSIBLE ACTION REGARDING ELECTRIC BICYCLE OPERATION,
ENFORCEMENT AND EDUCATION IN THE CITY OF REDONDO BEACH
CONTACT: JOE HOFFMAN, CHIEF OF POLICE
Chief of Police Joe Hoffman introduced Captain Jon Naylor and Lieutenant Corey King and deferred to them for a presentation.
Captain Jon Naylor and Lieutenant Corey King narrated a PowerPoint presentation on the use of electric and pedal bicycles in the City.
Discussion followed regarding community engagement and education, continuing outreach efforts, engaging parents and the school district, posting signs that are easy to see, availability of a video on eBikes produced by local students, the importance of continued education through social media such as YouTube and Tik Tok, focused on the youth, continuing to work on enforcement activity, opportunities to increase messaging,
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going forward, continuing to work with the Health District and School District, letting Council know what it should advocate for at the State level and collisions of eBikes and pedestrians.
Mayor Pro Tem Nehrenheim invited public comments.
Kyle Johnson, District 1, thanked the RBPD for their presentation; urged City Council to consider more protected bike lanes to encourage bicycle safety; spoke about connecting bike lanes to businesses to encourage shopping and other activities and spoke in favor of increased education and outreach.
Rolf Strutzenberg thanked the RBPD for their presentation; reported a recent count at the high school yielded a number of 250 eBikes; noted there is a lot of confusion regarding whether bicycles and eBikes can be ridden on sidewalks; spoke about the growth continuing and suggested researching how the City compares to other cities regarding the subject.
Captain Naylor reported that currently, there is no vehicle code violation that prohibits bicycles on sidewalks and stated the City's ordinance will prohibit it, as long as there is signage posted.
Julia Ferris stated eBikes are becoming a nightmare; urged City Council to install signage indicating bikes are prohibited on sidewalks and suggested the possibility of implementing license plates and registration of eBikes for a nominal fee that could go towards enforcement.
Eugene Solomon mentioned enforcement and suggested asking the Chief to provide options to enhance enforcement stops and resolve some of the related issues.
Joan Irvine, via Zoom, spoke about a group of kids in Riviera Village riding on sidewalks; noted the need for increased education; mentioned the need for increased parental oversight; discussed the fact that the Police has more important things to do than to babysit kids on bikes and agreed with the previous speaker regarding requiring licensing and training.
Jacqueline Sun, via Zoom, Beach Cities Health District (BCHD), thanked the RBPD for their presentation and efforts; noted BCHD is committed the education component of the effort; agreed with having the messaging being youth -centered; discussed outreach to retailers; spoke about bringing partners together to work on collective problems and addressed the benefits of data collection.
Sim Ezzes, via Zoom, thanked the RBPD for their presentation and efforts; spoke about recent bike rodeos; spoke about elementary school kids on eBikes; suggested having eBikes banned at elementary and junior high schools; noted BCCCC is working with the Redondo Beach Educational Foundation to develop educational programs specifically for eBikes and commented on the possibility of implement licensing requirements.
Chief Deputy City Clerk Vickie Kroneberger (via Zoom), read eComments submitted by Steve Takemoto, Brianna Egan, Grace Peng and Kyle Richardson.
Councilmember Obagi suggested including alternatives to riding on sidewalks in the education programs.
Mayor Pro Tem Nehrenheim suggested adding signs on sidewalks around high schools to facilitate enforcement.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to receive and file the report, direct staff to install signs on sidewalks around high schools and consider alternatives to riding on sidewalks.
There being no objections, Mayor Pro Tem Nehrenheim so ordered.
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N.3. DISCUSSION AND POSSIBLE ACTION REGARDING THE CHARTER REVIEW ADVISORY
COMMITTEE' S FIRST REPORT RECOMMENDATIONS AND DIRECTION TO STAFF REGARDING
THE PREPARATION OF BALLOT MEASURES FOR POSSIBLE CHARTER AMENDMENTS CONTACT: CHARTER REVIEW ADVISORY COMMITTEE
Mayor Pro Tem Nehrenheim suggested considering each item in the report, individually.
Rolf Strutzenberg and Eugene Solomon, Chair and Vice Chair of the Charter Review Advisory Committee, presented details of the report.
Discussion followed regarding Mayor contract signatures, public works contracts, chances to make changes in the future, the last Charter update, speeding up projects, listing items that must be updated every year, when competitive bidding is not required, contract progress payments, municipal purchases, approval of demands and the need to do a comprehensive search of existing ordinances that need to be updated.
Committee member Bob Pinzler suggested ensuring there is a statement in the ballot as to the importance of the matter and spoke about providing statements in favor of and in opposition to a ballot measure.
Discussion continued regarding being gender neutral, having an elected Prosecutor and a Council -appointed City Attorney, best practices and examples of RFPs in other cities, whether an appointed City Attorney would be subject to the whims of City Council and the City's City Attorney budget.
In response to a question from Mayor Pro Tem Nehrenheim, City Attorney Webb recused himself from this item as he is going to seek to participate in the argument against the initiative; noted many of the numbers are incorrect, for example, the City Attorney's Office does not have 13 people; mentioned the additional expenses for Homeless Court; offered to work with the City Manager to correct the information and stated he is opposed to taking control from the voters.
Mr. Solomon explained the associated expenses and reported on the resources used in compiling the information.
Councilmember Emdee recommended having the chance to obtain the additional information referenced by the City Attorney; stated she agrees with Steve Colin's eComment that will be read, subsequently; reported she opposed putting the matter on the ballot but if Council is going to approve it, it should review the additional data.
Discussion followed regarding suggested changes to the Charter language, options to consider, currently contracted outside legal firms, the need to place Charter changes in State-wide general elections, having a City Attorney that is accessible all of the time without charging billable hours and reaching out to one of the contracted firms to review this matter and return with an opinion, next week.
Discussion continued regarding including the School Board in the Charter and removing the School Board from the Charter and letting them function as an independent body.
Chief Deputy City Clerk Vickie Kroneberger (via Zoom), read an eComment submitted by Steve Colin.
There were no other public comments.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Loewenstein, to direct the Charter Review Advisory Committee to review the possibility of removing the School Board from the Charter, to prepare the business and contracts ( first few items) as one separate ballot measure, prepare title and summary, letter, samples, a resolution for arguments against and for, the question, a separate measure on the gender neutrality portion; direct the City Manager to look at firms to review the City Attorney matter and
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return to the November 15th City Council meeting with a report. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
NA. DISCUSSION AND POSSIBLE ACTION PERTAINING TO A POSSIBLE CHARTER AMENDMENT
FOR VOTERS TO APPROVE THE IMPLEMENTATION OF RANKED CHOICE VOTING FOR CITY
ELECTIVE OFFICES OR THE OPTION TO VEST THE POWER TO THE CITY COUNCIL TO SET
THE TYPE OF ELECTION THAT SHOULD OCCUR BY THE CITY COUNCIL BY ORDINANCE FOR
VOTERS TO DETERMINE BY MEASURE AT THE GENERAL MUNICIPAL ELECTION OF MARCH 7, 2023
CONTACT: ELEANOR MANZANO, CITY CLERK
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to continue Item No. NA. to the next City Council meeting as the first item on the agenda for consideration. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
N. S. DISCUSSION AND POSSIBLE ACTION ON THE USE OF SOFTWARE TO IMPROVE THE CITY'S
INTERNAL AND EXTERNAL COMMUNICATIONS REGARDING THE STATUS OF CAPITAL
PROJECTS
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
City Manager Witzansky introduced the item and deferred to staff for a report.
Assistant to the City Manager Smude presented an overview of the Administrative Report.
Senior Management Analyst Jesse Reyes presented a PowerPoint with details of the Capital Projects portal.
Discussion followed regarding built-in search capabilities, Smart Sheets (potentially taking the place ofAccess in the future), showing phasing of projects with dates, and extracting data that will be useful to the community.
There were no public comments on this item.
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to receive and file the report and approve the direction that staff has made while taking into account Council comments. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
O. CITY MANAGER ITEMS - None
P. MAYOR AND COUNCIL ITEMS - None
Q. MAYOR AND COUNCIL REFERRALS TO STAFF
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to direct the City Attorney to provide a full cost breakdown on expenses, budgeting, outside Counsel and repayment agreements, to present to the Charter Review Committee. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to direct staff to bring back a Resolution to extend the Charter Review Committee so they can continue their work. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to have the Public Works Commission, the Public Safety Commission and the Planning Commission look at Metro Green Line options, create a report with their concerns and routing preferences to send directly to Metro with copies to City Council
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by February 2023 and that they be provided with a copy of the letter sent to Supervisors. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Motion by Councilmember Obagi, seconded by Mayor Pro Tem Nehrenheim, to direct staff to return with a report on Council Rules of Order and consider an amendment to the resolution so that eComments can be received and filed without reading them into the record. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
R. RECESS TO CLOSED SESSION
R.1. CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Redondo Beach Police Officers Association
CONTACT: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES R.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
Pier Plaza
129 W. Torrance Blvd, Redondo Beach, CA 90277
a portion of APN: 7505-002-908)
NEGOTIATING PARTY:
Mark McCracken CEO of Electric Rides LLC
UNDER NEGOTIATION:
Both Price and Terms
S. RECONVENE TO OPEN SESSION
T. ADJOURNMENT
There being no further business to come before the City Council, motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Loewenstein, to adjourn the meeting at 12: 19 a. m. on Wednesday, November 2, 2022, to An Adjourned Regular meeting to be held at 4:30 p. m. ( Closed Session) and a Regular meeting to be held at 6:00 p.m. ( Open Session) on Tuesday, November 8, 2022, in the Redondo Beach City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
All written comments submitted via eComment are included in the record and available for public review on
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the City website.
Respectfully submitted,
04W
Eleanor Manzano, it C rk
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