BLUE FOLDER ITEM
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.
CITY COUNCIL MEETING- SPECIAL MEETING
JANUARY 17, 2023
G.1 DISCUSSION AND POSSIBLE ACTION REGARDING WHETHER TO DECLARE VACANT THE DISTRICT 3 CITY COUNCIL SEAT IN ACCORDANCE WITH ARTICLE VI OF THE
REDONDO BEACH CITY CHARTER, AND ANY OTHER CITY OF REDONDO BEACH,
COUNTY OF LOS ANGELES OR STATE OF CALIFORNIA REGULATIONS THAT MAY
PERTAIN TO THIS CONSIDERATION
• POWERPOINT PRESENTATION
• PUBLIC COMMUNICATIONS
From: Zein Obagi <[email protected]>
Sent: Monday, January 16, 2023 5:28 PM
To: Eleanor Manzano <[email protected]>; Vickie Kroneberger <[email protected]>
Subject: Fwd: 20230116 REDONDO - Horvath Residency Presentation.pptx Hi Mme Clerk,
Please see blue foldered presentation for the special meeting tomorrow.
Zein
Get Outlook for iOS
From: Zein Obagi <[email protected]>
Sent: Monday, January 16, 2023 5:26 PM
To: Zein Obagi <[email protected]>
Subject: Fwd: 20230116 REDONDO - Horvath Residency Presentation.pptx CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.
From: Donna Capraro <[email protected]>
Sent: Monday, January 16, 2023 8:03 PM
To: Eleanor Manzano <[email protected]>
Subject: Christian Horvath
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I have been a resident of Redondo Beach since 2005. I love Redondo Beach. In the past few years I am completely disgusted with Mayor Brand and his Army of hateful council members.
Christian Horvath is a dedicated council member who lives in Redondo Beach and wants to serve his term. Please do not let the haters convince you otherwise. The hateful politics that have taken over RB is a disgrace to RB residents who vote and voted for Christian.
I support Christian percent and believe he is telling the truth. RB will see many more lawsuits if he is removed from office.
Regards
Donna M Capraro
Sent from my iPhone
From: Mark Sarni <[email protected]>
Sent: Monday, January 16, 2023 12:09 PM
To: Eleanor Manzano <[email protected]>
Subject: City Council Meeting 1/17/23 - Improper Attempt at Removal of Councilmember Horvath You don't often get email from [email protected]. Learn why this is important CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.
Good afternoon, Ms. Manzano,
I lived in Redondo Beach for roughly 30 years, only recently moving away from the city. In that time, I was deeply troubled by the conduct of several of its elected officials, but no conduct has been more troubling than the blatant and - in my view - illegal power grab certain of the elected officials appear to wish to perpetrate at tomorrow's city council meeting to remove Christian Horvath from his District 3 council seat.
Mr; Horvath, a duly elected official, has provided complete evidence of his ongoing residency in the city and in the district and the simple mistake by the voter registrar's office - remedied immediately by the way - as placing Mr. Horvath as a registered voter in the neighboring city of Torrance is by no means grounds for Mr. Horvath to be removed. I urge you to convey to the city council and its attorneys that any attempt to remove Mr. Horvath would be unacceptable and actionable from both a legal and ethical perspective. I trust you will do so.
Mark J. Sarni, Esq., LL.M.
SOUTH BAY ADR
3424 Carson Street, Suite 350
Torrance, California 90503
tel: 310.542.0111; cell 310.486.0817
email: [email protected]
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From: Ed <[email protected]>
Sent: Monday, January 16, 2023 10:53 AM
To: Eleanor Manzano <[email protected]>
Subject: District 3 City Council Special Meeting
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Dear Ms. Manzano,
I am unable to attend the City Council Special Meeting tomorrow (17 January 2023), but I would like to express my support to City Council member Christian Horvath and keep him in office for the remainder of his term. He has provided clarification on his residence situation and it meets the provisions stated in the Redondo Beach charter.
Thank you,
Ed Fong
Redondo Beach, CA 90278
From: Steve Van Pelt <[email protected]>
Sent: Monday, January 16, 2023 9:28 PM
To: Eleanor Manzano <[email protected]>
Subject: I support Christian Horvath
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EleanorI support Christian Horvath and think that the false accusations against him are a ridiculous farce. Please know that even if it were true that he was living in Torrance, I wouldn't care. I believe that he has represented the 3rd District of Redondo Beach very well and I would like to see him continue to do so, without the distractions of this fiasco.
Thank youSteve Van Pelt
Redondo Beach, District 3 resident
From: lisa <[email protected]>
Sent: Monday, January 16, 2023 1:45 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting - Support for Horvath You don't often get email from [email protected]. Learn why this is important CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.
I am writing in support of Council member Horvath in District 3. He should be allowed to remain in office through the end of his term.
Lisa Soncotski
From: Dixie Duncan <[email protected]>
Sent: Monday, January 16, 2023 12:39 PM
To: Eleanor Manzano <[email protected]>
Cc: Christian Anthony Horvath <[email protected]>
Subject: Public Comment on Special Meeting 1/17/2023 Re: Christian Horvath You don't often get email from [email protected]. Learn why this is important CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.
Hello,
I am unable to attend the special meeting that I understand has been called by Mayor Brand for tomorrow, January 17, 2023 at 3 PM.
I have seen no official announcement of the meeting. I only became aware due to an email from Christian Horvath.
I understand the purpose of the meeting is to remove Councilman Christian Horvath from his office on the Redondo Beach City Council, District 3.
I am writing to express my extreme disagreement with removing Christian Horvath from office, particularly since there are only 2 months left in his term.
In my opinion, Christian Horvath has been the best Council person that District 3 has had in the 25 years I have lived in District 3.
Christian has done an excellent job of keeping District 3 residents informed of current and upcoming topics of interest, and solicits feedback on all issues.
I have contacted Christian a number of times for questions and/or to report an issue of concern.
Christian always responds promptly and does his very best to resolve all issues.
In my dealings with Christian, I found him to be honest and open with the residents of District 3.
I believe him when he said in his statement that his family has moved to Torrance, but he has remained in Redondo Beach to fulfill the terms of his office.
With only 2 months left in his term, I would think the Mayor and the other activists would have better things to do than to remove Christian Horvath.
Christian has done an honorable job for the City of Redondo Beach. It is disgusting to me that they choose to dishonor his 8 years of service to the city.
I hope he stays in office until the end of his term, and I personally do not care if he did move to Torrance with his family.
Torrance is right next door to Redondo, and a partner in many ways with Redondo Beach. I see no harm in a temporary situation like that.
The City should be planning a celebration to honor Christian’s diligent and hard work for the City of Redondo Beach.
Thank you,
Dixie Duncan
Email:
[email protected]
Phone:
Address:
Redondo Beach, CA 90278
From: Amy Luthra <[email protected]>
Sent: Monday, January 16, 2023 4:47 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting- Christian Horvath [You don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
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Hello,
I am a resident of Christian Horvath’s district in Redondo Beach. This email is to express my support for Christian Horvath. He has been great at serving our district. I would like to see him continue finishing out his term till the next election. He was voted into his seat by us, the voters, and we should have a say in if he should continue on till his term ends.
Thank you,
Amy
Sent from my iPhone
From: Gennaro Pupa <[email protected]>
Sent: Sunday, January 15, 2023 3:59 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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As a resident if District 3, since 1983, I have experienced several District Representstives. I can honestly say that Mr. Christian Horvath has performed his duties exceptionally well.
After his term is over he will be sorely missed.
Redondo Beach has been very fortunate to have him as a resident and a Representative of District 3.
, Redondo Beach.
From: Dawn Schroeder Telleson <[email protected]> Sent: Sunday, January 15, 2023 4:07 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Hello,
My husband and I think this hearing and accusation is a complete waster of time, money and energy where it's not required. Christian has been an amazing representative - responsive, straight forward and shown great commitment to our district.
We cannot attend meeting but wish to express our support of Christian and highlight how ridiculous this is, he was voted in - and we expect the Mayor allows him to complete the work he is doing on behalf of us and our neighbors.
Thank you
Dawn Telleson
Eric Telleson
From: Wanda Glock <[email protected]>
Sent: Sunday, January 15, 2023 4:27 PM
To: Eleanor Manzano <[email protected]>
Cc: Christian Horvath <[email protected]>
Subject: Public Comment on Special Meeting
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Hello,
I would like to express my opposition to the Special Meeting for this Tuesday, January 17th at 3pm and also my disapproval to remove Christian Horvath from office.
--
Wanda Glock
From: LESTER OSTROY <[email protected]>
Sent: Sunday, January 15, 2023 4:48 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Dear Ms Manzano, I support Christian Horvath as my Councilman until he is termed out. I don’t believe any accusations about his residence. Thank you, Lester Ostroy, RB Sent from my iPad
From: Lisa Collins <[email protected]>
Sent: Sunday, January 15, 2023 4:57 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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To whom it may concern,
I was made aware today of the special meeting called for on Tuesday regarding Council Member, Christian Horvath. I am dumbfounded that the city would call for such a meeting during business hours knowing the majority of residents would not be able to attend. During his tenure, Mr. Horvath has done a wonderful job advocating for us as a city and beach community. I am deeply disappointed that our council remains so divided and we continue to see attacks on other council members publicly. I find it unprofessional and disappointed this is how Redondo Beach handles their politics.
I do live on the Van Horne block and see Christian on a very regular basis coming in and out of his home in the district. I do not believe he has done anything other than be transparent and honest while advocating for our wonderful city of Redondo Beach.
Best Regards,
Lisa Nash
From: Jay Strange <[email protected]>
Sent: Sunday, January 15, 2023 5:30 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Dear Ms. Manzano,
I am unable to attend the Tuesday January 17, 2023 Redondo Beach Special City Council meeting to discuss removing Christian Horvath, District 3 Councilman, from office due to lack of residency.
Please let Mayor Brand and the other city council members know that I do not approve of Councilman Horvath's removal since I do not believe a lack of residency claim is valid.
Please let them know that this appears to me to be a completely political move to help ensure even further control of Redondo Beach city council governing descions and matters by Mayor Brand and his colleagues on the council, aimed at influencing the upcoming District 3 Councilmember election.
Please let them know I feel removing Councilman Horvath in this manner is detrimental to the city and their long term objectives and appears to be nothing more than vindictive.
Thank you,
Jay Strange
District 3 Resident
From: Christine Grice <[email protected]>
Sent: Sunday, January 15, 2023 5:47 PM
To: Eleanor Manzano <[email protected]>; Christian Horvath <[email protected]>
Subject: Public Comment on Special Meeting
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Hello,
I am writing to express my support of Christian continuing to represent District 3 until the end of his term. He has continually reached out to the residents of his district to ensure our voices are heard. His willingness to live away from his family so that he can continue to meet the commitments to the district that elected him is admirable and shows his dedication to the position and the residents.
I am unable to attend the January 17th meeting at 3pm because I work full time. Please accept this comment as part of public record in the matter.
Christine Grice
, Redondo Beach, CA 90278
From: Karen R <[email protected]>
Sent: Sunday, January 15, 2023 5:58 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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I support Christian Horvach to serve out his term as councilman.
Thank you,
Karen Rock
Robinson St.
P.S. As a side note, the charges again Zein Obagi are some serious red flags.
From: leigh daltorio <[email protected]>
Sent: Sunday, January 15, 2023 6:42 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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I cannot attend the mid-afternoon meeting. Christian Horvath should REMAIN in position. A ridiculous waste of time and example of pettiness of other council members instead of attending to issues that affect residents
Sent from my iPhone
From: Lew Wright, Sr. <[email protected]>
Sent: Sunday, January 15, 2023 6:53 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Greetings!
To be brief, I strongly oppose any action to remove Christian Horvath as my duly elected city councilman. Fabrication of a story to facilitate his removal should be and must be fully investigated. Those involved with fabricating a concocted story to create a situation where the removal of Horvath be considered should be held accountable for their deceitful fiction.
Further, they should be prosecuted to the fullest extent of the law.
A responsible investigation into any false claim made against Mr. Horvath will reveal this is a sad attempt to undermine his constituents will. Sadly, we will say goodbye to our current city councilman in March when we duly elect a new representative.
Thank you for placing my continuing support of Mr. Horvath on public record.
Sincerely,
Lewis Wright, Sr.
Sent from Yahoo Mail for iPhone
From: Michael Do <[email protected]>
Sent: Sunday, January 15, 2023 11:56 PM
To: Eleanor Manzano <[email protected]>
Subject: Re: Public Comment on Special Meeting
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Allow me to clarify, I fully support Christian Horvath’s explanation and resent ROW’s misinformation. Allow him to complete his tenure.
> On Jan 15, 2023, at 11:52 PM, Michael Do <[email protected]> wrote:
>
> Hi Eleanor,
>
> Can I have a zoom link to this meeting? I wish that I could attend live but I have to work. >
> Thanks,
> Michael Do
From: Vera Jimenez <[email protected]>
Sent: Monday, January 16, 2023 8:12 AM
To: Eleanor Manzano <[email protected]>; Christian Horvath <[email protected]>; Tonya McKenzie <[email protected]>; Lisa Rodriguez <[email protected]>
Subject: Public Comment on Special Meeting
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Hello Eleanor.
My husband and I are not able to attend, but this is our statement in support of Christian Horvath. He has been a great asset to our council and to our city. He responds when he is contacted and always represents the best interest of our community, even when it's outside of his district. It is sad to see how divided and strained our city is, and this is just one more example of that.
Thanks so much for your time and energy.
--
Vera Jimenez
Elviraherlihy.arbonne.com
IG
3 From: Thomas Bauer <[email protected]>
Sent: Monday, January 16, 2023 9:18 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Ever since Council member Horvath was first elected, he has been the subject of specious, unfounded attacks. This latest on residency is just another example.
Ridiculous and a waste of the
City’s finances.
Dona and Tom Bauer
From: James Vita <[email protected]>
Sent: Monday, January 16, 2023 9:33 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Ms. Manzano,
I am voicing my support for Christian Horvath and protest the political move to remove him from office only weeks from his term expiring. I live in his neighborhood and have seen him around his home and seen his vehicle parked overnight on Goodman near Armour or Van Horne.
I suspect the Brand gang wants to remove him and appoint Candace Nafissi to give her an advantage in the March election.
I am sick of their dirty politics.
Thank you for your consideration.
James Vita/Kim Vita
Sent from my iPad
From: karen yoder <[email protected]>
Sent: Monday, January 16, 2023 10:26 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Dear City Council,
Christian Horvath has served my district for many years and has represented us well. I honestly don't understand the issue before the council. It seems to regard his residency. Let me just say that his term is almost over, and he has done a good job for many years. Please let him finish his term. I might also add that I don't understand the reason for an afternoon meeting. Meetings are usually held in the evening to give everyone an opportunity to attend. Thank you for your time.
Sincerely,
Karen Yoder
Meyer Lane
From: Mercedes Van Pelt <[email protected]>
Sent: Monday, January 16, 2023 10:35 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Hi Eleanor,
My name is Mercedes Van Pelt and I live in District 3. I specifically want Christian Horvath to be my representative and I do NOT want him removed or replaced! He is a phenomenal representative and this special hearing is a joke. Please make note of my continued support of him!!!
Best regards,
Mercedes Van Pelt, Realtor
Compass
(310) 600-1223
1221 Hermosa Ave. #210
Hermosa Beach, CA 90254
CAL BRE 01835336
http://www.MVPRealtyCo.com
**The next time you're in a conversation with a friend or family member and they mention that they or someone they know is looking to sell their home because they need more space, but they just don't know how to get started, simply take out your cell phone, look up my number, and call or text me immediately so we can talk about helping them get the advice they need.** From: Susie Miller <[email protected]>
Sent: Monday, January 16, 2023 10:50 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Good riddance to this guy who acts on false accusations.
Sent from Yahoo Mail for iPhone
From: sima kabiri <[email protected]>
Sent: Monday, January 16, 2023 11:07 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Hello
As a resident of the Redondo Beach I like to think I live in a country and a city that honors voter’s decision even if it doesn’t match the opinion of politicians, I would like to ask you to respect my vote and letMr Christian Horvath finish his term Thank you
Sent from Yahoo Mail for iPhone
From: Chris Gaian <[email protected]>
Sent: Monday, January 16, 2023 11:23 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Regarding Christian Horvath continuing to be district 3 Councilman, I totally support him finishing his term as Councilman. To be wasting time on this utter nonsense is absolutely ridiculous.. Mr. Horvath has explained his situation, and is clearly still a resident of Redondo Beach. Why in the world would someone be doing this with only a few weeks left in his term??? Do these people have nothing better to do than waste our time with their pettiness???
In my opinion, the mayor and any other councilmen that are responsible for these actions, should be punished and removed from their office for bringing frivolous accusations against another councilman, or at least banned from any voting rights for 6 months. Then maybe they would think twice before they spew out this craziness.
Let Mr. Horvath complete his term and fulfill his obligation to the voters who elected him.
Christine Gaian
From: Steve Collins <[email protected]>
Sent: Monday, January 16, 2023 11:26 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Dear Redondo Beach City Council,
Please do not vote to remove on Tuesday our councilman Christian Horvath due to the residency question.
As a lifelong resident of District 3, I recognize and value Christian’s local knowledge and ability to represent us. I suspect the vast majority of us here feel the same and would not want to squander what little time we have left with him as our representative. His replacement, coming soon enough next term, will need years to catch up to him, as is normal.
I would also suspect the vast majority of his detractors here in district 3, those of goodwill, would likewise rather wait for next term.
Please let us enjoy the benefits of Christian as our councilman through the brief remainder of his term.
Thanks,
Steve Collins
Redondo Beach, CA 90278
From: [email protected] <[email protected]>
Sent: Monday, January 16, 2023 12:02 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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My name is Cee-Cee Murphy. My husband Danny and I are both multi-generational Californians/lifelong Southern California residents and have lived in Redondo Beach for over 25 years. We are homeowners and have raised our family here. We have seen a lot in this City in that time, but nothing as concerning as the political climate created these past few years that has turned neighbor against neighbor, ushered in the deterioration of properties that threatens financial insolvency vis a vis soured relationships with developers, and a current majority council that chooses to wield its power to bully elected officials - and citizens as well - with whom they disagree in order to implement their agenda. It is shocking and unacceptable. This is not what local, home town politics should be about.
This latest unsolicited personal attack on a termed out Council member is disgraceful. With the stress of losing a parent, relocating a family to accommodate the surviving parent, the Holidays and a life-altering event (being termed out and having to find another position) Christian Horvath has had a lot on his plate, but he has handled it and his job as Councilman deftly. Instead of supporting Councilman Horvath and helping him through his challenges, the Council majority chose to try to find an excuse to vacate his seat a mere two months shy of his being termed out. Why? I’m guessing it’s presumably to replace him with one of their cronies. They can’t just wait two months for the RESIDENTS to choose his replacement? They are taking the power away from those who SHOULD have it.
The minority members on the Council (Emdee and Horvath) communicate and connect well with not only their constituents in their Districts, but with the City as a whole. I don’t live in their Districts but subscribe to their emails because they are so informative. I have enjoyed getting to know them.
They are mature, sensible custodians of our City and I trust them to do what is best for the City, even if it is unpopular. These are the kind of people we residents should accept as our representatives, not a rabble-rousing group of grassroots NIMBY eco warriors who staunch development, put the City in fiscal insolvency and turn neighbor against neighbor as our majority Council and their followers have done. All one has to do is peruse their Facebook Groups’ pages and read the posts and comments to see how toxic they truly are. They even stooped as low as to manufacture a fake Facebook profile designed to pass themselves off as and disparage the aforementioned Ms.
McKenzie. I feel they are incapable of working with those with whom they may disagree. All one has to do is have a sober, mature conversation and both talk AND listen with respect to reach some sort of necessary detente. The majority Council and their supporters seem incapable of doing so and it’s unacceptable as elected representatives. We, the residents, expect (and deserve) better.
I have also heard rumblings that the majority Council wants to change the City Charter. One can only surmise it’s presumably so they can continue their stranglehold and control the goings-on in the City for the foreseeable future. These are the same people who have reduced our quality of life in the City by allowing a Project Homekey project to be put in a multi million dollar neighborhood (thus reducing property values), overloaded one district with the Homeless pallets, have allowed pot shops/dispensaries to be set up in our City (when other Beach Cities declined it), have prevented at least two major infrastructure/development projects from happening (thus sending the City to court for expensive lawsuits and creating acrimony with developers), and are trying to farm out our beloved local fire department to L.A. County. I don’t support any of that. And neither do most other residents.
The current majority on the Council will apparently do anything/everything to hold on to their power. They attempted to impeach John Gran because he wouldn’t do their bidding as it relates to the fire department issue. They passed over Laura Emdee, the rightful successor for Mayor pro tem, in favor of Mayor Brand’s closest crony on the Council, Nils Nehrenheim. They even disparaged an official with cancer and unleashed a racist and misogynistic attack on two women, one running for City Council (Tonya McKenzie), and Ms. Emdee herself. And now the Christian Horvath attack.
The attacks on these elected officials are bad enough, but those who support them (such as myself) have been doxxed, bullied and publicly vilified in an attempt to silence us. It makes me feel unsafe and unheard in my own hometown. I won’t even attend Community Meetings or City Council Meetings in person anymore for fear of being attacked and publicly humiliated. It’s horrible.
I do not recognize my beloved City anymore. This was supposed to be our “forever home”. If the current power block is allowed to continue in perpetuity we will have no choice but to look elsewhere to live. We do not feel the City is going in the right direction and sincerely pray it maintains its checks and balances to serve the ENTIRE community, not just the vocal few.
Sincerely,
Cee-Cee Murphy
(Address and phone number withheld for fear of being doxxed) Sent from my iPhone
From: Joanne Galin <[email protected]>
Sent: Monday, January 16, 2023 2:07 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Hello
Unfortunately I can’t attend the 3:00 pm meeting tomorrow.
I fully support Christian Horvath and I want him to remain as my councilman.
Joanne Galin
Sent from my iPhone
From: Chuck Durham <[email protected]>
Sent: Monday, January 16, 2023 2:37 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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City Clerk Monzano: by way of this e-mail we offer our support of Councilmember Horvath to remain in his elected position through the official end of his term. We have been pleased with his care and concern for our district 3 particularly, and for all the residents of the City of Redondo Beach. It is our hope that this endless in-fighting of the current council (north against south) stops and that we get on with the important business of our fantastic City. Charles D Durham and Judy V Durham, , Redondo Beach, CA 90278
From: georgette gantner <[email protected]>
Sent: Monday, January 16, 2023 3:25 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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January 16, 2023
To whom it may concern:
I would like to challenge the legality of the City Council's meeting, tomorrow, Tuesday, January 17 at 3PM, where public is not invited, scheduled to take place just hours prior to their regular City Council meeting, in their attempt to oust Councilman Christian Horvath from his post only weeks prior to his terming out of office for their specious reasons. I am requesting that City Attorney, Mike Webb and City Manager, Mike Wizansky intervene to stop this procedure and allow Councilman Horvath finish his term in office, which has been exemplary.
I am a 43 year resident of Redondo Beach who owned her own business for 25 years, owns property, raised children who thrived in the RB school system, spent 20 years volunteering in school art programs, 15 years with the Redondo Beach Art Group, chairing three Powers of Art, and from 2008-2018 proudly served on the Redondo Beach Public Art Commission.
During this time, I have closely observed the politics and politicians in Redondo Beach, all the way back to the proliferation of poorly constructed condos, earning us the title of "Redondo Beach", our attempt to save a pre-school that a bully developer destroyed, witnessing the attempted Heart of the City, and the rise of Bill Brand as a Councilman, now Mayor. In my opinion, he and Todd Lowenstein and Nils Neinreheim have severely retarded RB's growth which has cost us thousands, and potentially millions of dollars in the process. And now, they are trying to oust Councilman Horvath just weeks before the end of his term. Who will stop this TRIO who has proved time and time again that they care little for the community and have always played by their own rules. Councilman Horvath has acknowledged that he continues to live in Redondo Beach, and that he has not moved with his family to a larger residence that accommodates his father-in-law, recently widowed.
Is this the truth? If so, there is no basis for tomorrow's meeting. Mr. Horvath contends to dwell in his Redondo Beach home, and the address issue was merely a mistake by the state who misunderstood and registered both Horvaths with another location for voting purposes. Even though he has recently suffered the loss of his mother, and even though he only has a few weeks left in his tenure, the trio is bent on ousting him in a meeting that does not include the public, and intends on appointing someone of their choosing with no apparent vetting of the city.
If this is an illegal action, the terms of Brand, Lowenstein and Neinrenheim should be immediately terminated.
During their tenure, this trio has done nothing for the community. The opposite of acting as our public servants, they have only served themselves with frivolous, lopsided, xenophobic, and a close-minded way of thinking. Bill Brand's manipulation of developers could cost the City of Redondo Beach $14 million in the current lawsuit regarding the pier. Todd Lowenstein continues to disenfranchise our City with his arrogant and indecisive remarks. Nils Neinreheim continues to bully Mr. Horvath and Councilwoman Emdee and has exhibited conduct unbecoming, especially in the case of his conflict with Paul Hennessey, the City picking up his attorney fees. In the meantime, infrastructure along the Strand continues to crumble.
If the trio had a modicum of empathy, they would reach out to Mr. Horvath in his time of grieving and help to make his final weeks with the City as easy as possible vs. the harassment they are choosing.
What kind of people are these? What's their end game?
Their aggressive behavior and continued lack of desire to serve the community by refusing to work with developers in a practical way has only brought debt and illwill to Redondo Beach. Our beautiful beach town could be so much more.
WIth all this in mind, if tomorrow's intention's are illegal, I respectfully submit that the terms of Brand, Lowenstein, and Neinrehaim end immediately, and a temporary committee appointed to lead along with remaining Council members until the next election.After so many years of incompetent leadership, Redondo Beach needs intelligent and community-minded people who are here to serve us, the public, who pay their salaries - salaries that were just increased by them - isn't that a conflict of interest???
Keep Councilman Horvath in office until his term legally ends.
Georgette Gantner
Redondo Beach, District 3
From: Joni Cantrell <[email protected]>
Sent: Monday, January 16, 2023 3:41 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Good afternoon,
I am writing to let you know that I cannot attend this during-my-workday council meeting but I wholeheartedly support Christian Horvath and I do NOT want him removed from office. He is my councilman and I stand behind in 100%. These silly antics are embarrassing and the councilmembers responsible for them should be ashamed of themselves.
Joni Cantrell
From: Silvano Merlo <[email protected]>
Sent: Monday, January 16, 2023 5:38 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Dear City Clerk
It is truly disappointing to see how elected official decide to use the democratic process.
I am disappointed to see Council member Horwath being targeted for what it looks like a clerical error.
I am a big supporter of Christian Horvath and truly hope this proceeding will be in his favor, hence continue his services with our beautiful city.
Regards
Silvano, Mary and Matteo Merlo
[email protected]
From: Wendy G. <[email protected]>
Sent: Monday, January 16, 2023 6:04 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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I'm writing in regard to the Special Meeting for Christian Horvath. Cristian has been an excellent representative for District 3. He has communicated well with us, listened to us, and helped us with our concerns. Please let him finish out his term. Yes, he is still living in his house in Redondo Beach until the end of his term. Please listen to those of us in District 3 and not the gossip. Please look at the facts. And please DO NOT waste more Redondo Beach taxpayer money on yet another Special Election the way the City did in October. Let Christian finish his term, then we can vote for our new representative at the regularly scheduled election. I hope our new District 3 Representative is as good as Christian has been for us.
Thank You,
Wendy Ongun
From: kaffatschool <[email protected]>
Sent: Monday, January 16, 2023 6:32 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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I am very disappointed that the council is calling a meeting in the middle of a work day when many of Us can not come Christian has been very forthcoming about his situation and with a limited time left on his term it makes no sense to remove him. He has been attending meetings. Why does the council feel that they need to disenfranchise us? We always get the short stick and are not always listened to. I will try and leave work early but since I have only known about this for several days it is hard to change my schedule. We would not have known anything if Christian had not reached out. What does that say about this council? Kathleen Gerds
From: Jan Baird <[email protected]>
Sent: Monday, January 16, 2023 7:57 PM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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I am expressing support for retaining our duly elected councilman for the balance of his term.
Ridiculous for self interested council members of other districts to challenge this given the two months left in his term. Hard to imagine their time and efforts can’t be better spent on real problems.
From: Dana Matsuno <[email protected]>
Sent: Monday, January 16, 2023 10:26 AM
To: Eleanor Manzano <[email protected]>
Cc: [email protected] <[email protected]>; CityClerk <[email protected]> Subject: Special City Council Meeting 1/17/2023 - Comment from a Resdient Some people who received this message don't often get email from [email protected]. Learn why this is important
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Dear City Clerk Manzano,
Thank you for taking the time to read my email. I am very new to this process of submitting comments to the city. I posted this on the website, and I am also emailing you. Please consider this for the upcoming meeting.
In addition, are there any facts or evidence that was posted on the agenda as to why this is even a topic? I tried to click on every link on the website and was not able to find any support or reason for the meeting agenda topic. This is very concerning to me that a meeting is called with really no reason behind it.
Thank you for your time.
Regards,
Dana Matsuno
Resident of District 3, Redondo Beach
Dear City Council. Thank you for considering my comment. I truly believe that we should stick the facts in this situation. if Councilman Horvath is in fact still living in his Redondo Beach residence, even though his family may have moved to another city, then there really should be no discussion on this topic. He has taken every effort to maintain his residency with the purpose of completing his term. Thus, he should be allowed to complete his term without any further distraction.
This is not about people's opinions or speculation, but about the facts in this situation. For the council and its members to consider anything else is a big issue. The council has more important issues to deal with before the city and its time and resources is better used to handle those matters, rather than try to remove a fellow council member. In additional to the fact there is an upcoming election in less than two months, and Councilman Horvath will not be in office much longer, this just makes it more of a waste of time and resources. Please allow him to finish his term that he was elected to, regardless of if you agree with his views.
Furthermore, this seems like a significant risk to the city and would open the city up to negative publicity or lawsuits for improperly removing a city councilman. I personally do not want to see my city resources spent on these types of inappropriate actions. Again, this is a factual matter, and as I understand the facts, Councilman Horvath continues to reside in the city of Redondo Beach.
From: Evan Goldman <[email protected]>
Sent: Monday, January 16, 2023 4:41 PM
To: Eleanor Manzano <[email protected]>; Bill Brand <[email protected]> Subject: Special City Council Meeting January 17
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Dear Ms. Manzano and Mayor Brand,
I am writing to express my support for keeping council member Christian Horvath in office until his term expires in March. I have lived in district 3 for over 20 years, and I appreciate Mr. Horvath's efforts in support of his constituents. I am not active in city politics, but I support those who can put personal agendas behind the needs and wishes of those they serve.
I would prefer to present my support in person or by Zoom, but like many in our city, I work during the day. It is therefore not possible for me to attend on Tuesday. Thank you for considering my email.
Best Regards,
Evan Goldman
From: Stewart Hoffman <[email protected]>
Sent: Sunday, January 15, 2023 8:29 PM
To: Eleanor Manzano <[email protected]>
Subject: Support for Christian Horvath
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HelloAs residents of Redondo Beach, District 3, both my wife and myself would like to register our support for Christian Horvath during the Special Meeting of the Redondo Beach City Council on January 17th, 2023.
We feel that Christian Horvath should not be removed from office by the City Council and should serve the remainder of his term ( 2 months).
Sincerely,
Stewart Hoffman
Chikako Hoffman
From: Marita Kakuk <[email protected]>
Sent: Monday, January 16, 2023 5:33 PM
To: Eleanor Manzano <[email protected]>
Subject: Support for Christian Horvath
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Eleanor,
Good evening and Happy New Year!
I was just emailing to include my support for Christian Horvath. I am supporting him staying in office as I find the accusations against him baseless. I also am upset that the meeting is (seemingly purposefully) placed at a time that makes it difficult for working members of the community to attend in person or via Zoom. Christian has been a great representative for D3 and supported our needs.
Again I am supporting Christian Horvath staying in office until his term rightfully ends and a fair election is able to take place.
Sincerely
Marita KakuK (a North Redondo resident who is sick of the 90278 being pushed around by Mr Brand, Mr Obagi, and D1/D2 reps)
Sent from my iPhone
From: SUSAN HIGGINS <[email protected]>
Sent: Sunday, January 15, 2023 4:26 PM
To: Eleanor Manzano <[email protected]>
Subject: Support for District 3 City Councilmember Christian Horvath [You don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
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To City Clerk and Redondo Beach City Council
Re: January 17, 2023 Special City Council Meeting
This email is submitted in support of District 3 City Councilmember Christian Horvath to remain in office to complete his term. I completely oppose his removal on unfounded allegations that he no longer has a residence in Redondo Beach. He has honored his charter and the City’s requirements and should be able to finish the final few weeks of his term.
Again, I support Christian Horvath. He should not be removed from his City Council seat.
Sincerely,
Susan Higgins
32 year Redondo Beach Resident
Sent from my iPad
From: Lisa Carrillo <[email protected]>
Date: January 17, 2023 at 9:24:58 AM PST
To: Eleanor Manzano <[email protected]>
Subject: District 3/Christian Horvath
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Hi Eleanor,
I’m emailing to express my disapproval of the potential removal of Christian Horvath.
Is there a petition of some sort to sign? How can I help? Thanks,
Lisa Painter
From: Eric Sidney <[email protected]>
Date: January 17, 2023 at 9:17:42 AM PST
To: Eleanor Manzano <[email protected]>
Subject: Keep Councilman Horvath on RB City Council
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Hello City Clerk Manzano;
I am writing in support of keeping Councilman Christian Horvath, Dist. 3, on Redondo Beach City Council until the end of his current term in March.
Councilman Horvath has performed his duties admirably, has been a credit to Redondo Beach and deserves to stay in office until he is termed out.
Thank you.
Sincerely,
Eric Sydney
Redondo Beach
From: Sydney Arfin <[email protected]>
Date: January 17, 2023 at 9:31:23 AM PST
To: Eleanor Manzano <[email protected]>
Subject: My Family Supports Christian Horvath
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The purpose of this email is to express my strong support for my District member Christian Horvath and my profound objection to the City of Redondo Beach's attempt to negate my voting rights.
It is deeply troubling that the City is facilitating the smear campaign of "Rescue our Waterfront." Mr Horvath has presented ample evidence that there is no cause for removal. It would be an extreme affront to the City residents' First Amendment rights to appoint a replacement with only 6 weeks before the election based on the false claims of corporate interests. These efforts also create a strong implication that the Mayor and any concurring Council members are in the pocket of "Rescue our Waterfront."
Mr. Horvath has done a great job for District 3 residents and is in compliance with the relevant laws and regulations. His removal, with just 6 weeks before an election, is patently wrong.
Sincerely,
Sydne Arfin
From: Harry Frisby Jr <[email protected]>
Date: January 17, 2023 at 6:18:01 AM PST
To: Eleanor Manzano <[email protected]>, Christian Horvath <[email protected]>, Michael Webb
<[email protected]>, Laura Emdee <[email protected]> Subject: Protest Against Removal of Council Member
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Dear Members of the City Council, City Clerk and City Attorney I am writing to express my strong opposition to the proposed removal of Council Member Horvath from the council. The allegations that he does not live in the district are false and without merit.
As a resident of the district, I have seen firsthand that Council Member Horvath is an active and engaged member of our community. He is deeply committed to representing the interests of our district and has been a tireless advocate for the issues that matter most to our residents.
Furthermore, the proposed removal of Council Member Horvath would undermine the democratic process and the principle of representation by population. The residents of our district have elected him to serve on the council and it is not the council's place to remove him based on false allegations.
I urge you to reconsider this proposal and allow Council Member Horvath to continue serving the residents of our district.
Sincerely, Harry Frisby
District 3 resident
From: Colleen Otash <[email protected]>
Date: January 17, 2023 at 7:46:19 AM PST
To: Eleanor Manzano <[email protected]>
Cc: RB-Dist3-Christian Horvath <[email protected]>, Nils Nehrenheim <[email protected]>, Todd Loewenstein <[email protected]>, Zein Obagi <[email protected]> Subject: Public Comment on Special Meeting
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Re: Tuesday, 1/17/2023 special meeting to remove District 3 councilmember Christian Horvath from office before his term ends in 2 months.
I am sending this email in support of District 3 council member Christian Horvath. He has not violated either the spirit or letter of the ordinance regarding where a councilmember can live and how many homes they can own.
He has made it clear that due to needing to have a larger home to care for his wife’s father, his wife and her father and family have moved into a new home in Torrance while Christian continues to live in their District 3 home with roommates until his term ends in two months.
This is completely acceptable and is not a residency violation.
Regarding the issue of the mistake the LA County recorder made in changing Christian‘s address to the Torrance home, I have worked as a voting clerk for Redondo Beach and the county for almost every election in the past 15 years, and I know how incompetent the county recorder is in maintaining accurate records of voters. We have had many dead people still registered to vote on the voting records even after the family has brought in a physical copy of the death certificate to send in to the recorder’s office many times.
Many in-person voters had to re-register or change the spelling of their name or address again and again at the voting location because the LA County recorder’s office has repeatedly not made the change correctly.
It’s a mess over at the recorder’s office and unfortunately is not viable, reliable and provable evidence of someone’s correct residence.
As our council members, you have a responsibility to treat everyone fairly and to not make personal decisions.
Christian was voted in twice as council member of District 3 and we wish we could vote him in a third time. You have no authority to overrule our decision due to personal, fake claims and this special meeting is an insult to the residents of Redondo Beach.
Do the right thing and allow Christian to finish the term he was elected to.
Colleen Otash
From: Katherine Hairrell <[email protected]>
Date: January 17, 2023 at 7:52:16 AM PST
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Kenneth and Katherine Hairrell residents at District 3 fully support Christian Horvath to fulfill his full term as our council member. He has done great things for our community always supporting our requests. He has our full support. Thank you.
Sincerely,
Kate Hairrell
[email protected]
From: Jessica Krug <[email protected]>
Date: January 17, 2023 at 8:42:12 AM PST
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Dear Ms. Marzano,
I had registered to attend today's city council meeting regarding removing Christian Horvath, but now I am unable to attend because I have to pick up my child from school. I find the timing of this important meeting to be quite suspicious since most parents will be picking up children and most residents without children will be in the middle of the work day. You would think a meeting as important as this would be held at a time when most residents would have the opportunity to attend.
I would like to see Christian Horvath, our duly elected city councilmember, complete his term. Because of Christian, I am more knowledgeable about and engaged in local politics. He is inclusive, accessible, thoughtful, deliberate, transparent, honest, and a consensus-builder—everything a politician should be.
I am not a heavy social media user, so I have not been privy to the smears occuring online about Christian. What I do know is that he has represented me and my family well, and I will be very sad to see him go at the end of his term.
I am further dismayed about the recent special election that wasted a considerable amount of taxpayer money—truly unnecessary when a general election was just weeks away, unless the intention was to decrease turnout and silence residents.
Christian may be the last adult in the room, and that's a shame.
Sincerely,
Jessica Krug
District 3 resident, homeowner, RBUSD parent, voter, and taxpayer From: Brooke Mathews <[email protected]>
Date: January 17, 2023 at 9:20:12 AM PST
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Hello,
As a resident of Redondo Beach, I would like to express my support for Chiristian Horvath to NOT be removed from office. I am NOT in support of Mayor Brand removing him from his office on City Council.
Thank you,
Brooke Slusser, LCSW
From: Terry Brim <[email protected]>
Date: January 17, 2023 at 9:52:15 AM PST
To: Eleanor Manzano <[email protected]>
Cc: Christian Horvath <[email protected]>
Subject: Public Comment on Special Meeting
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Dear Ms. Manzano,
My wife and I would like to express our support for Christian Horvath and ask that the city council do not remove him from office and allow him to complete his term. This attempt to remove him from office so late in his term is just another expression of the atmosphere of personal attacks and dirty tricks that has surrounded Redondo Beach politics for many years. Christian has served district 3 tirelessly and honorably.
Sincerely,
Terry and Ellen Brim
Erdondo Beach
F
From: Amanda Riley <[email protected]>
Date: January 17, 2023 at 8:45:59 AM PST
To: Eleanor Manzano <[email protected]>
Subject: Special Called Meeting Today 1/17
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Dear Ms. Manzao,
My name is Amanda Riley and I am a resident in Councilman Harvoth's district. I have registered to attend the meeting virtually at 3pm today. I am unable to come in person due to lack of childcare during the time of the meeting.
In case I am unable to attend virtually I wanted to provide my comments in writing for the Council.
This is my first time connecting with the city council in this way. If there is anything I need to know, please let me know.
Thank you.
Sincerely,
Amanda Riley
Tuesday, Jan. 17, 2023
Statement from Amanda Riley
Redondo Beach, CA 90278
[email protected]
In 2017 My family and I moved 1.5 miles from Torrance to a home we purchased in district 3. One of the first things I heard about the city council was from my next-door neighbor who told me that Christian is a good guy and does well for us.
A year or so later, when I and other parents in my neighborhood were concerned about safety for our children as we walked them to school, he helped connect us with city resources. I remember during one of his town halls in 2019 when there were concerns about housing expressed, he shared his own struggle with housing as his home would soon include his father-in-law. Christian Horvath has faithfully served this council district for 8 years and Councilman Horvath has always been open and honest with us. I believe him when he says a clerical error has caused the mix-up with his voter registration. I believe he remains a legal resident of Redondo Beach. Which makes this entire vote today look to me and people like me, to be nothing more than a political game.
As a resident of Redondo Beach's 3rd council district I was shocked to learn of the City Council's vote today to declare my councilman's seat vacant. It is absurd that this city council is considering removing Councilman Horvath with only 8 meetings remaining this term. Nationwide, voter disenfranchisement is a leading concern among voters—the thought that our city council would take such action with such a small amount of time remaining in the term sure does look like you don’t care what we constituents think about the man we duly elected twice. I am deeply saddened by the state of my city’s council and pray for a new day when council members respect and trust each other and act accordingly. I strongly urge that you vote “no” today on declaring the seat vacant. Thank you for your time.
From: K Millan <[email protected]>
Date: January 17, 2023 at 9:13:34 AM PST
To: Eleanor Manzano <[email protected]>
Subject: Support for Councilman Christian Horvath
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Dear Ms. Manzano:
I am writing on behalf and in support of Christian Horvath. I am hoping to appeal to the city council's reflective sense of what is right. In my opinion, this Special Meeting will be conclusive in vacating the seat; of which I think the reasoning will be really very weak and needlessly aggressive given the circumstances.
From reading Article 6 & 6.5 of the Charter as well as LA County's rule of residency, Councilman Horvath fulfills his obligation. Especially in light of the fact that he has remedied the residency error with the county registrar. The county is satisfied.
He pays property taxes in Redondo. He owns and lives in his home in District 3.
Apparently, he owns another home in Torrance. Is it illegal for a council member to own property in another city? I attempted to look for it in the city charter and could not find anything pertaining.
I've stated my peace on Councilman Horvath's behalf. Although I have not always agreed with him, he has been a reasonable, honorable, and consistent representative for his District and the City of Redondo. Me writing this email, on his behalf is the least I can do in gratitude for his service. Furthermore, this event is very disturbing on many levels and will leave a stain on this council's integrity and governance.
Respectfully,
K Millan
From: [email protected]
Date: January 17, 2023 at 9:31:23 AM PST
To: Michael Webb <[email protected]>
Cc: Eleanor Manzano <[email protected]>
Subject: Today's special council meeting
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Mr Webb,
I hope you have seen the attached letter. Assuming the legal quotes are correct, I believe it indicates that the possible action listed as the purpose of today’s special council meeting would be illegal and, more important, completely disingenuous. I would also hope that you would advise the Council members of that at the meeting.
Councilman Horvath has explained his living situation and it clearly indicates that it does not violate any city, county or state regulations regarding ability to serve on the council. Removing him from his position, particularly only a few months from the city elections , serves no purpose except to disenfranchise District 3 residents and unfairly influence the upcoming election for that seat.
I would also request that the attached letter be added (if not already done so) as supplemental materials to the relevant agenda item.
David Goodman
Former commissioner
Budget & Finance and Planning Commissions
ROBERT S. WOLFE, ESQ.
January 16, 2023
Hon. Bill Brand, Mayor – [email protected]
Hon. Nils Nehrenheim, Councilmember – [email protected]; Hon. Todd Loewenstein, Councilmember –[email protected] Hon. Christian Horvath, Councilmember – [email protected] Hon. Zein Obagi, Jr. , Councilmember – [email protected] Hon. Laura Emdee, Councilmember – [email protected] Re: Special Meeting, January 17, 2023
Item #G1 – Vacancy of District 3 City Council Seat
Cc: Eleanor Manzano, City Clerk – [email protected] Dear Mayor & Councilmembers,
I strongly urge you to take no action on the pending matter to declare the District 3 City Council seat to be vacant.
Such an action would contravene clear California law and is bad public policy. Please see the California Supreme Court decision in Walters v.
Weed (1988) 45 Cal.3d 1, 7-8, as well as Election Code sections 349, 2024 and 2029, Government Code section 244 and innumerable California Attorney General opinions, which are discussed below.
This is not a close question. I say this as a friend to many of you, and based on my more than 45 years’ experience as a government and appellate lawyer.
Let me briefly explain my background and why I am writing this letter.
While not a resident of Redondo Beach, I have been actively engaged in public life in the Beach Cities since I first moved to Manhattan Beach in 1991. (I now live in Hermosa.)
I have been an appellate lawyer since December 1976, working both in private practice and later for the judiciary. During the late 1980s and early 1990s, my law firm, of which I was a partner, represented the City of Redondo Beach as outside counsel on police civil liability matters.
ROBERT S. WOLFE, ESQ.
January 16, 2023
I subsequently served as a senior judicial attorney and supervising attorney at the California Court of Appeal for nearly 20 years. During this time, I examined numerous issues pertaining to California election law and government practice.
I have no agenda here other than my respect for this Council, the rule of law and for basic civil values. I have not been retained by anyone, and write this letter purely as a public service to spark an informed discussion about California law.
I. THE LAW: Councilmember Horvath’s Legal Domicile Presumptively Remains in Redondo Beach Unless and Until He Abandons It and Acquires a New Legal Domicile in Torrance. All Doubts Must Be Resolved in His Favor.
There has been much public comment about the fact that it would be “against the law” for the Council to allow Councilmember Horvath to continue to represent District 3 once his wife and children have moved to a larger house in Torrance, given his public announcement to join them by vacating his Redondo Beach residence— after his term of office ends in two months’ time.
Not so. California law unequivocally supports Councilmember Horvath’s position that he remains a “resident” of District 3 for purposes of his “domicile” until he physically – and permanently – moves to Torrance with the intent to remain there.
This has yet to occur.
The Redondo Beach Charter incorporates California Elections and Government Codes to define an official’s “residence” as “domicile.” Under California law, while persons can have multiple residences, they can have only one domicile. (See Cal. Elec. Code, § 349.)
Most importantly, California law presumes that a person’s original domicile remains unless a new domicile is established by a union of act and intent. (Walters v. Weed, supra, 45 Cal.3d at 14.) Elections Code section 2024 is directly on point: “The mere intention to acquire a new domicile, without the fact of removal avails nothing, neither does the fact of removal without the intention.” (See also Govt. Code, § 244, subd. (f).) ROBERT S. WOLFE, ESQ.
January 16, 2023
Both factors must exist; a future intent to relocate of itself is not sufficient unless there is an actual change of residence accompanied by an intention to remain there permanently. Conjecture and speculation is not sufficient.
The leading case – from the California Supreme Court - is Walters v.
Weed, supra, 45 Cal.3d at 1. Walters involved an extraordinarily close election in the City of Santa Cruz where the outcome hinged upon 80 students who voted on the UCSC campus actually were domiciled there since they no longer lived in the dorms and did not intend to return there.
This was not enough. Instead, Walters adopted a hard-and-fast rule that “a domicile is not lost until a new one is acquired.” (Id. at 7.) “Even if the students intended to acquire new domiciles in the abstract, they had not yet moved to a place where they intended to remain.” (Id. at 14.) Walters remains good law, and has been applied to residency requirements for candidates as well as residency requirements for voting. (DeMiglio v. Mashore (1992) 4 Cal.App.4th 1260.) DeMiglio reiterated the principle that “[t]he law presumes that a domicile, once acquired, continues until it is shown that a new domicile is acquired.” (Id. at p. 1268.) DeMiglio further holds that the burden of proving a change of domicile rests on the party asserting it. (Ibid.)
Case law also establishes that any and all ambiguities must be resolved in favor of councilmember Horvath’s original Redondo Beach domicile and against disqualification or forfeiture. (See Helena Rubenstein Int’l v. Younger (1977) 71 Cal.App.3d 406, 418.)
Indeed, since Walters and DeMiglio, there have been innumerable California Attorney General opinions which have rejected attempts to remove sitting public officials on remarkably similar fact patterns as those involving councilmember Horvath. (See, e.g. 86 Ops.Cal.Atty.Gen. 194 (2003) https://oag.ca.gov/system/files/opinions/pdfs/03-803.pdf [rejecting effort to remove San Diego school board member whose wife and children lived in Coronado where he spent more time, even though he continued to maintain a small apartment in San Diego];
ROBERT S. WOLFE, ESQ.
January 16, 2023
And, in 75 Ops. Cal.Atty. Gen.26 (1992) , the relator sought to remove a Riverside Community College trustee from office after she and her husband sold their Riverside home and purchased a house in Long Beach. The trustee, however, continued to rent residential space in Riverside, and divided her time between the two residences. Under the circumstances, the Attorney General determined that the trustee remained qualified to serve:
“In our view, relator's allegations that [the trustee] has purchased a residence outside of the District and resides there part-time, even when coupled with a conclusory belief that [the trustee] does not intend to remain at her residence within the District, are not sufficient when weighed against the direct evidence of intent on the part of defendant which is materially corroborated by her conduct.” (See
https://oag.ca.gov/system/files/opinions/pdfs/91-1109.pdf.)1 II. APPLICATION OF FACTS TO LAW: There Is No Substantial Evidence to Rebut the Presumption That Councilmember Horvath’s Domicile Remains In Redondo Beach; His Intent to Subsequently Move to Torrance Upon the Expiration of His Term Is Legally Irrelevant.
Under the facts and circumstances of this case, the City cannot meet its burden of proof to show that Councilmember Horvath has abandoned his Redondo Beach domicile and acquired a new domicile in Torrance at the present time.
1See also 84 Ops.Cal.Atty.Gen. 154 (2001)
https://oag.ca.gov/system/files/opinions/pdfs/01-608.pdf [community college trustee did not abandon his residence within the district]; 87 Cal.Ops.Atty.Gen. 30 (2004) https://oag.ca.gov/system/files/opinions/pdfs/04-109.pdf [Huron city council member legally qualified as “resident” of the city even though he divided his time at his girlfriend’s apartment in Fresno] ; 101 Ops.Cal.Atty.Gen 16 (2018) https://oag.ca.gov/system/files/opinions/pdfs/17-601_0.pdf [City of Dixon failed to make a substantial showing that one of its councilmembers didn’t continuously reside in his district during the time that he “temporarily” lived at particular address; councilmember’s actions are consistent and reflect his stated intent].)
ROBERT S. WOLFE, ESQ.
January 16, 2023
Horvath has flatly stated that he continues to live at his house in Redondo Beach where, as the L.A. County registrar confirms, he was registered to vote in the most recent general election. As he has explained in a recorded Facebook video:
“Knowing full well my obligations as a sitting member of the City Council, and at great expense to our family, I chose to continue residing in our longtime Redondo Beach home and found roommates to offset our mortgage expenses. This arrangement has been able to work for our family with the understanding that my time on City Council will soon end.”
In determining intent, Horvath’s own declaration is the first and primary consideration. (See 86 Ops.Cal.Atty.Gen. 194, supra: “[S]ince a change of domicile requires an intention to make the new place a permanent home, we must take into consideration the declaration of the party involved as to his or her intent.”) Horvath’s declaration is corroborated by his conduct in remaining at his Redondo Beach home “at great expense” and inconvenience to his family. (Ibid.)
Horvath’s statements and conduct comport with the longstanding presumption that his domicile in Redondo Beach cannot be lost until another one has been acquired by the union of act and intent.
It is unrefuted that Horvath recently has acquired a new home in the city of Torrance with “much needed additional space,” and that his wife, three children and father-in-law have moved there. Horvath further has declared that “[i]n just over two months, I will be vacating my Redondo Beach residence permanently and joining my family [in Torrance] on a fulltime basis.” Horvath’s detractors have latched upon these statements as proof that Horvath is disqualified from continuing to serve for the remaining two months of his term under the “letter and spirit of the law.” ROBERT S. WOLFE, ESQ.
January 16, 2023
But California law clearly establishes otherwise. First, as already has been explained, Horvath’s acquisition of the Torrance house, standing alone, does not defeat the presumption that Redondo Beach remains his domicile. “While an individual may have only one domicile, he or she may have multiple dwellings. Accordingly, the acquisition of a new dwelling does not necessarily establish a change of domicile.” (84 Ops.Cal.Atty.Gen. 154 (2001), citations omitted.”)
Second, and equally important, California law also establishes that elected officials may split time between two residences and may have a different domicile than their spouse or children. Elections Code section 2029 expressly provides that “[t]he domicile of one spouse shall not be presumed to be that of the other, but shall be determined independently in accordance with this article.
Third, Councilmember Horvath’s future intent to physically move to Torrance and make it his domicile in two months’ time has no bearing on the status of his current domicile. Again, we need look no further than the California Supreme Court decision in Walters v. Weed, supra, 45 Cal.3d at 1.
Until it can be proven that Councilmember Horvath has taken up abode in Torrance with the intention of remaining, his domicile is presumed to be his in-district residence in Redondo Beach. To reiterate:
Councilmember Horvath does not lose his domicile in Redondo Beach until he has physically and permanently relocated there to be reunited with his wife and family. Any ambiguities must be resolved in his favor. (Helena Rubenstein, supra, 71 Cal.App.3d at 418.)
III. PUBLIC POLICY: Ousting Councilmember Horvath Is an Extreme and Unwarranted Act of Disenfranchisement That Jeopardizes the City’s Reputation
There is no justification, legal or ethical to deprive voters in District 3 of continued representation by Councilmember Horvath, their elected representative, during the remaining two months of his term, given his continued connection with the City of Redondo Beach, a city from which he has yet to physically move.
ROBERT S. WOLFE, ESQ.
January 16, 2023
Indeed, the reliance on evidence of Councilmember Horvath’s future intentions is precisely the stuff of which voter suppression and disenfranchisement is made. We have seen similar arguments made as to college students and military personnel, notwithstanding our Supreme Court’s holding in Walters v. Weed.
The City of Redondo Beach is justifiably proud of its progressive actions in matters of regional concern, such as homelessness, climate change, environmental protection and parkland. The proposed ouster of Councilmember Horvath tarnishes that image and, if adopted, would call into question the City’s commitment to fundamental principles of good governance.
I hope that the City Council gives deserved short shrift to the proposed action.
Thank you for your consideration of these matters.
Very truly yours,
BobWolfe
Bob Wolfe
From: Dana Matsuno
To: Eleanor Manzano
Cc: [email protected]; CityClerk
Subject: Special City Council Meeting 1/17/2023 - Comment from a Resdient Date: Monday, January 16, 2023 10:26:26 AM
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Dear City Clerk Manzano,
Thank you for taking the time to read my email. I am very new to this process of submitting comments to the city. I posted this on the website, and I am also emailing you. Please consider this for the upcoming meeting.
In addition, are there any facts or evidence that was posted on the agenda as to why this is even a topic? I tried to click on every link on the website and was not able to find any support or reason for the meeting agenda topic. This is very concerning to me that a meeting is called with really no reason behind it.
Thank you for your time.
Regards,
Dana Matsuno
Resident of District 3, Redondo Beach
Dear City Council. Thank you for considering my comment. I truly believe that we should stick the facts in this situation. if Councilman Horvath is in fact still living in his Redondo Beach residence, even though his family may have moved to another city, then there really should be no discussion on this topic. He has taken every effort to maintain his residency with the purpose of completing his term. Thus, he should be allowed to complete his term without any further distraction.
This is not about people's opinions or speculation, but about the facts in this situation. For the council and its members to consider anything else is a big issue. The council has more important issues to deal with before the city and its time and resources is better used to handle those matters, rather than try to remove a fellow council member. In additional to the fact there is an upcoming election in less than two months, and Councilman Horvath will not be in office much longer, this just makes it more of a waste of time and resources. Please allow him to finish his term that he was elected to, regardless of if you agree with his views.
Furthermore, this seems like a significant risk to the city and would open the city up to negative publicity or lawsuits for improperly removing a city councilman. I personally do not want to see my city resources spent on these types of inappropriate actions. Again, this is a factual matter, and as I understand the facts, Councilman Horvath continues to reside in the city of Redondo Beach.
From: Lena Ng <[email protected]>
Sent: Tuesday, January 17, 2023 12:33 PM
To: Eleanor Manzano <[email protected]>
Subject: Christian Horvath
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I live in the district and so does Christian. I can’t believe the mayor has called a special meeting to eject Christian. Your boys club is getting pretty petty now. Let him serve his term out and focus on more pertinent issues.
Lena Ng
From: Brianna Egan <[email protected]>
Sent: Tuesday, January 17, 2023 12:23 PM
To: Eleanor Manzano <[email protected]>
Subject: Comment for special meeting - item G.1
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Hello Ms. Manzano,
I may have missed the deadline for sending comments, but here is my comment for the special meeting/item G.1:
The premise of this special meeting to consider declaring the D3 seat vacant is baseless and like many others, I question the intentions of Mayor Brand and the council majority in bringing this forward. Mr. Horvath has clearly outlined how the accusations of non-residency are false and that he intends to reside in Redondo Beach for the remainder of his term to uphold his duties as councilmember. There is legal precedent in California for having multiple residences and holding office in the city of one's primary residence. Forcing Mr. Horvath out of office not only sets up the city for lawsuits, it lends suspicion that the council is carrying out the agenda of a special interest group to stack the council, undermines the voters of District 3 who twice elected Mr. Horvath, and erodes trust in local democracy. I hope you recognize that by propping up Rescue Our Waterfront and its acolytes who tout "transparency" and "resident-focus" but instead wage campaigns of propaganda while silencing rational discourse, you are simply substituting one political machine for another. I urge you to denounce the harmful and toxic Facebook pages built by your supporters that spread deceit and hate behind anonymity (Redondo Chamber Unmasked, Batsh#t Crazy Redondo, D4 Deserves More than Tonya McKenzie). I urge you to work on building consensus, reach across the aisle, listen to those who disagree with you, and absolve yourselves of political vendettas. Redondo residents can think for themselves and are paying attention. --
Brianna J. Egan, MPH
From: Kate Korman <[email protected]>
Sent: Tuesday, January 17, 2023 11:48 AM
To: Eleanor Manzano <[email protected]>
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Hi, Im a D3 resident, a RB Rec & parks commissioner, PTA board member @ a D3 elementary school. It’s almost comical how Mr. Horvath is talking about the disenfranchisement of D3 voters when this is my personal experience of him: when my husband decided to run for City Atty in RB in 2020, he received a call from Mr Horvath stating that him running “just wasn’t done and the current City atty had already chosen his successor and would he please consider running for another position instead.” He then proceeded to publicly comment on that city-wide election despite us trying not to involve him and dubbed us “ROW people” simply bc we didn’t want to go along with the status quo. He could have easily stayed out of it, but he’s a politician, or has surely become one during these 8 years.
Mr Horvath likes to pretend he’s above the fray and political slinging even though he’s often been in the center of it.
Except recently. With only months left of his tenure & loss of the majority on council, he’s been quiet. I’m guessing he’s fed up w the drama & ready to move on with his job & family life. I don’t blame him for that! Politics in this city is nasty business.
Given the facts of his current situation, any logical person would deduce that he most likely has not been SOLELY residing at his RB residence. He has a family & a job that’s way closer to his new Torrance residence. However, proving that beyond a reasonable doubt is near impossible unless there was 24/7 surveillance & what’s the point? If you know anything about city politics, Candace Nafissi will win her D3 election in March by a landslide. The minority on the council is not running a candidate & the woman running against her is new to the city & unknown by the community. ROW would have ZERO motivation to prematurely remove Horvath & replace him w a candidate who will win in a couple short months.
I’ve never met nicer or more reasonable people than the leaders of ROW. portraying them as bad actors who aren’t looking out for the best interests of the city is false. They are amazing people with the very best of intentions. I don’t care whether Mr Horvath spends the rest of his term in his seat or not; it’s a few weeks so who cares, quite frankly. I’d just want to make sure that the city wouldn’t run into legal trouble later if it’s discovered that a councilman wasn’t legally allowed to be in his seat. I don’t know the answers to those questions. All I can do is speak from my experience & give my perspective as a d3 resident & leader. Thank you.
Kate Korman-Sooper
Rec & Parks Commissioner
From: Lucas Reames <[email protected]>
Sent: Tuesday, January 17, 2023 11:07 AM
To: Eleanor Manzano <[email protected]>
Subject: In Support for Christian Horvath - City Council- Special Meeting 3pm Jan 17 2023 You don't often get email from [email protected]. Learn why this is important CAUTION: Email is from an external source; Stop, Look, and Think before opening attachments or links.
To whom it may concern,
I am writing in to express my support for Christian Horvath to serve out the remainder of his term regarding the January 17, 2023 Special Meeting. As a Redondo Beach homeowner, I do not appreciate the pettiness of this effort (and many others that I've seen in Redondo Beach). I happen to live near Christian and I've personally seen him continue to stay at the Redondo Beach residence.
Please stop the divisiveness and spend your time and my tax dollars on initiatives that are good for all residents of Redondo Beach, not half or a select few.
Regards,
Lucas Reames
District 3 Resident, Redondo Beach
From: Brenda Garcia <[email protected]>
Sent: Tuesday, January 17, 2023 12:01 PM
To: Eleanor Manzano <[email protected]>
Subject: Keep horvath in his seat
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Good afternoon,
I am writing this email to communicate my support for Christian horvath. As a resident of district 3, I would like the opportunity to go through the process of voting in my local representative. I urge the council to please vote against vacating the seat.
Thank you so much,
Brenda Garcia
From: Terry Brim <[email protected]>
Sent: Tuesday, January 17, 2023 9:52 AM
To: Eleanor Manzano <[email protected]>
Cc: Christian Horvath <[email protected]>
Subject: Public Comment on Special Meeting
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Dear Ms. Manzano,
My wife and I would like to express our support for Christian Horvath and ask that the city council do not remove him from office and allow him to complete his term. This attempt to remove him from office so late in his term is just another expression of the atmosphere of personal attacks and dirty tricks that has surrounded Redondo Beach politics for many years.
Christian has served district 3 tirelessly and honorably.
Sincerely,
Terry and Ellen Brim
Erdondo Beach
From: Neil Wedge <[email protected]>
Sent: Tuesday, January 17, 2023 11:04 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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I am against removing Christian Horvath from office. Since he is leaving after the election he should complete his time in office.
Thanks,
Neil Wedge
From: R Crisa <[email protected]>
Sent: Tuesday, January 17, 2023 11:20 AM
To: Eleanor Manzano <[email protected]>
Subject: Public Comment on Special Meeting
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Even though I/we did not vote for Mr. Horvath, I/ we believe he fulfills all the requirements needed to remain on the Council until his term of service ends.
District 3 residents, Josephine Hrzina and Richard Crisa Sent from my iPhone
From: Fernando Garcia <[email protected]>
Sent: Tuesday, January 17, 2023 11:58 AM
To: Eleanor Manzano <[email protected]>
Subject: Public comment re: District 3 council seat
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Hello, my name is Fernando Garcia. I am a resident of Redondo Beach, living in District 3. I am aware of a special meeting of our city council, wherein the Mayor and council will discuss vacating District 3's seat and potentially appoint an interim council member.
I am opposed to vacating the seat. There will be an election for the seat soon and I want it filled by the winner of an election, no matter who that may be. Appointing a new city council member will only serve to further weaken our faith in the democratic principles upon which our country is founded. The current occupant, Christian Horvath, was fairly chosen by our community. While I personally may not agree with all of his positions on the direction of our city, I am far more opposed to the erosion of our faith in elections—a process that is core to our American way of life, is particularly fragile at the moment and can only succeed if our citizens agree to its validity.
A city council seat may appear insignificant in the face of the greater national conversation over election fraud and the validity of our process, but I assure all of my neighbors and fellow community members that subverting the democratic process is meaningful. Every event where politicians use their power to sidestep the wishes of the people they serve damages our society, no matter the scope.
Please allow Christian Horvath to complete the remainder of his term. His successor, whomever it is, will enjoy my support in making our city the best it can be. --Fernando Garcia