Minutes
Redondo Beach City Council
Tuesday, January 17, 2023
Special Meeting 3:00 p.m.
3: 00 PM — OPEN SESSION — SPECIAL MEETING
A. CALL MEETING TO ORDER
A Special Meeting of the Redondo Beach City Council, as called by Mayor Brand, was called to order by Mayor Pro Tem Nehrenheim at 3:03 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
Eleanor Manzano, City Clerk
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 in memory of Cait Naylor, Daughter of Redondo Beach Police Captain Jon Naylor.
APPROVE THE ORDER OF AGENDA
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to approve the order of the agenda.
There being no objections, Mayor Pro Tem Nehrenheim so ordered.
D. BLUE FOLDER ITEMS — ADDITIONAL BACK UP MATERIALS
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to receive and file Blue Folder Items for Agenda Item No. G. 1. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
E. CONSENT CALENDAR
E. I. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL SPECIAL MEETING OF JANUARY 17, 2023
CONTACT: ELEANOR MANZANO, CITY CLERK
Motion by Councilmember Horvath, seconded by Councilmember Loewenstein, to approve the Consent Calendar. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
F. PUBLIC PARTICIPATION ON NON -AGENDA ITEMS
Mayor Pro Tem Nehrenheim opened public participation on non -agenda items.
Matt Kilroy announced his candidacy for City Treasurer; listed his qualifications and experience; addressed MINUTES - CITY COUNCIL SM — 3pm
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his civic participation and spoke about having the integrity to fulfill the terms and duties of the job.
City Clerk Manzano reported one eComment was received under this item.
There were no other public comments and Mayor Pro Tem Nehrenheim closed the public participation on non -agenda items portion of the meeting.
G. MAYOR AND COUNCIL ITEMS
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
Mayor Pro Tem Nehrenheim commented on this topic is personal; noted his residency was put in question when he ran for City Council; spoke about the dangers of starting vicious rumors and about a process server harassing an elderly relative, outside the City; referenced the City Charter relative to City Council being the judge of qualifications of Councilmembers; discussed the process for providing public comments on this item and the process for City Council' s consideration.
City Clerk Manzano administered the oath to members of the public intending to speak on this item as well as City Councilmembers.
City Attorney Webb stated he was not involved with the service of process referenced by Mayor Pro Tem Nehrenheim in his opening statement.
Councilmember Horvath read his public statement for the record and responded to questions from Mayor Pro Tem Nehrenheim regarding where he sleeps, the status of his marriage, whether his family has a restraining order against him and whether he cast a provisional ballot.
Councilmember Obagi discussed the relative Charter section; noted the Charter does not indicate a person has to live in Redondo Beach to serve on City Council; addressed "domicile versus residence'; provided the opinions of the California Supreme Court, the Appellate Court and the State Attorney General regarding the matter; that Councilmember Horvath' s statements have not been entirely honest in terms of changes in the family address and that Councilmember Horvath does not cease to be a resident of the District in which he was elected and spoke in favor of no action, at this time.
Mayor Pro Tem Nehrenheim reported an individual Councilmember cannot determine their own residency, only the body of the Council can do that per the City Charter; spoke about mail forwarding being a change of residence per the USPS; discussed the State legislation changing the law on voter rolls; noted that the County automatically changed Councilmember Horvath' s address and was sent a City of Torrance ballot, was instructed to report back to vote provisionally in Redondo Beach, at which time, the County would change his address back to Redondo Beach. Additionally, he stressed that City Council cannot move forward, until the matter is resolved as a body.
Councilmember Emdee noted Councilmember Horvath was very clear and has responded to concerns in his statement; thanked residents for attending the special meeting and stated she would like to hear from the City Attorney regarding this item.
City Attorney Webb reported he provided the Mayor and each Councilmember information that the Redondo Beach City Charter does not define "residence" within the scope of the Charter section at issue, as well as a brief history of when the issue was moral turpitude, which defaulted to City law and the Attorney General' s opinion that summarized state law. He added that the right to hold office according to the California Supreme MINUTES - CITY COUNCIL SM — 3pm
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Court that ruled it's a fundamental right where there is ambiguity, when it's a question of disqualification, the ambiguity should lead to the Councilmember remaining in office.
Councilmember Loewenstein expressed his sympathies to Councilmember Horvath; reported he has spoken to residents on both sides of the issue; spoke about life not being always so "clean'; noted there is a fine line between residence and domicile; did not believe there is any malintent; discussed Council doing its due diligence; commented on making sure this does not happen again; stressed that Councilmember Horvath intends to remain in Redondo Beach until his term is up in April and spoke in support of him continuing on City Council until his term is up.
Mayor Pro Tem Nehrenheim invited public comments.
Paul Schlichting, District 1, commended Councilmember Horvath as he has brought one of the largest contingencies of a single district to a meeting; that if Councilmember Horvath had been upfront, this could have been avoided; spoke about the importance of Council working in the best interest of the City and wished good luck to Councilmember Horvath as he finishes out his term.
Amanda Riley spoke about being grateful to Councilmember Horvath for listening to residents in his district; expressed surprise this issue was placed on an agenda, at all and encouraged a unanimous "no" vote on this item.
Robert Moore, District 3, spoke about his wife and him having to separate to take care of an elderly parent; expressed frustration regarding this item; noted Councilmember Horvath is an independent thinker and talked against "group think" and urged City Council to keep him as a member.
Erika Snow Robinson said she was against the attack on Councilmember Horvath; noted Councilmember Obagi is facing charges of moral turpitude and Mayor Pro Tem Nehrenheim used taxpayer dollars to defend his poor behavior; expressed support for Councilmember Horvath and urged City Council to allow him to finish out his term.
Brenda Garcia, District 3, spoke in support of Councilmember Horvath and urged City Council to allow him to complete his term.
Fernando Garcia, District 3, spoke in support of Councilmember Horvath and urged City Council to allow him to complete his term and let the next District 3 representative to be chosen by the people.
Pat Aust discussed residency requirements; spoke in support of Councilmember Horvath and hoped City Council will allow him to complete his term.
Pamela Sund, District 3, spoke in support of Councilmember Horvath and hoped City Council will allow him to complete his term.
Lisa Nash, District 3, spoke in support of Councilmember Horvath and hoped City Council will allow him to complete his term.
Larry Nelson, opposed any action against Councilmember Horvath; noted Council' s job is to serve the betterment of the public; spoke about Councilmember Horvath listening and responding to resident concerns and urged City Council to allow him to complete his term.
Steve Goldstein spoke in support of Councilmember Horvath and urged City Council to allow him to complete his term.
Anita Avrik, District 3, noted public support for Councilmember Horvath; that the matter is personal and urged civility from City Council.
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Laura Geisel, District 3, voiced support and respect for Councilmember Horvath; noted his dedication to the City and urged City Council to allow him to finish his term.
Vicky Oetzell, District 3, voiced support and respect for Councilmember Horvath and urged City Council to allow him to complete his term.
Holly Osborne, District 5, spoke in support of Councilmember Horvath; that actions regarding this matter have been disgraceful and urged City Council to allow him to complete his term.
Matt Kilroy, District 5, spoke in support of Councilmember Horvath; reported that if he is elected as City Treasurer, one of his goals is to bring back civility to elected officials and that it would have been best to refer this matter to a mediator.
Peggy Massee, District 3, thanked Councilmember Horvath for everything he has done to help his constituents; expressed disappointment regarding the actions of some people against Councilmembers and urged City Council to act professionally.
Alisa Beeli, District 5, spoke in support of Councilmember Horvath; that the questions asked by Mayor Pro Tem Nehrenheim were pathetic and embarrassing and urged City Council to allow him to complete his term.
John Gran spoke about acrimony in the City; that this should have been handled administratively and urged City Council to allow him to complete his term.
Betsy Rumery, District 3, urged no action against Councilmember Horvath; said this meeting was unnecessary; noted Councilmember Horvath has done nothing unethical or illegal and urged City Council to allow him to complete his term.
Councilmember Obagi noted the only person who can call a special meeting is the Mayor.
Ron Maroko, District 3, spoke about City Council working in the best interest of the City; noted that words matter; referenced the oath taken previously; commented on the testimony and evidence; discussed specific statutes and wording in the Charter; that noticing was not in compliance with the Brown Act and stressed City Council has no evidence to make a finding that Councilmember Horvath is not a resident; encouraged no action and asked City Council to vote, unanimously, to keep Councilmember Horvath in office.
Mayor Pro Tem Nehrenheim spoke about the union of act and intent and about the importance of providing truthful testimony.
John Simpson, District 4, questioned why the meeting was called as it is evident that Councilmember Horvath is a resident of District 3.
Jess Money, District 3, talked about corruption in local politics; contended that Councilmember Horvath has intentionally, with intent to deceive, perpetuated a fraud on the people of the City by illegally remaining in office after not meeting residency requirements and that the City Attorney is legally bound to pursue criminal and civil action.
Diane Lewis, District 4, spoke in support of Councilmember Horvath remaining on City Council; worried about the next representative for District 3 and urged City Council to allow him to complete his term.
Kelly Kessler asked about houses in the Torrance area of 90277 in terms of voting; compared the decorum of the present meeting to those of a meeting in Torrance; thanked Councilmember Horvath for his service; commented on his accomplishments and that this matter has moved forward in retaliation against him.
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Mary Drummer, District 1, spoke about creation of false narratives to confuse City residents and support personal agendas; cautioned against the distribution of misinformation; encouraged the public to be informed and call out and question the tactics of city government; thanked Councilmember Horvath for his dedication to the issue of homelessness in the South Bay and noted his work mattered.
Megan Hixson, District 3, spoke in support of Councilmember Horvath and his responsiveness to residents' needs; thanked him for his work and called upon City Council to allow him the dignity to finish out his term.
Mariam Butler, District 4, spoke in support of Councilmember Horvath; said this matter is a violation of democracy and referenced and quoted from a letter from a Hermosa Beach attorney in support of Councilmember Horvath.
Bill Soper said that comments from the public and Councilmembers; spoke about the need to focus on the issue at hand and urged City Council to, unanimously, allow Councilmember Horvath to complete his term.
Lisa Rodriguez, District 2, spoke in support of Councilmember Horvath; thanked him for his service; expressed concern with the intention of Mayor Pro Tem Nehrenheim relative to Measure C/ ROW and read from an email by Mayor Pro Tem Nehrenhelm and presented a copy to the City Clerk.
Motion by Mayor Pro Tem, Nehrenheim, seconded by Councilmember Loewenstein, to receive and file Ms.
Rodriguez's submission. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Ms. Rodriguez said Council should agendize consideration of a vacancy in District 1 because of a breach of public trust.
Joan Irvine, District 1, spoke about the amount of City resources wasted on this matter; voiced support for Councilmember Horvath and urged City Council to be fiscally prudent.
Paula Kissinger, District 3, via Zoom, shared a similar experience to Councilmember Horvath when they had their mail rerouted; commented on his support and devotion and urged City Council to, unanimously, allow Councilmember Horvath to complete his term.
Alex Montano, District 5, via Zoom, said he supported Councilmember Horvath; questioned the benefits this item has provided to the City; wondered why Mayor Brand, who called this meeting, is not in attendance and that by continuing its behavior, the City will miss out on quality City Council candidates.
Marie Puterbaugh, via Zoom, urged City Council to do its job and get along and spoke in support of Councilmember Horvath.
David Herman, via Zoom, stated he is appalled by Council' s demeanor; spoke about Councilmember Horvath's accomplishments and urged Council to work together on behalf of the City.
Mickey Marraffino, via Zoom, spoke in support of Councilmember Horvath; discussed his accomplishments and thanked him for his service.
Christina Miller, via Zoom, stated she was disappointed that Councilmember Horvath was not forthright when he bought his home in Torrance; spoke about holding people accountable and that it is not appropriate to remove him from office, especially as he has a short amount of time left in his term.
City Clerk Manzano reported there were 18 eComments with two neutral, two in support of and 14 in opposition to the item.
Mayor Pro Tem Nehrenheim stated this matter must be taken seriously, moving forward; that the problem needs to be fixed and spoke about act and intent.
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Motion by Mayor Pro Tem Nehrenheim that City Council, on January 17, 2023, at 5: 17 p.m., deemed that Councilmember Horvath has proven his residency as per State Election Code and has proven his intent, as per State Election Code, to remain a resident and voter in the City of Redondo Beach and has proven the qualifications of residency and eligibility regarding the City Charter requirements and Councilmember Horvath has done what he needs to correct any errors by outside agencies and remains a voter of Redondo Beach and can continue to assume his seat as a City Councilmember and I direct the City Charter Commission to address the residency requirement.
Councilmember Obagi offered an amendment to state that Councilmember Horvath is a resident under Article 6 of the Redondo Beach Charter.
City Attorney Webb stated that Councilmember Obagi' s suggested motion is better than Mayor Pro Tem Nehrenheim' s motion as it is not Councilmember Horvath' s duty to prove the items listed and is confined to the Charter section that he properly identified.
Mayor Pro Tem Nehrenheim stated Council intends to direct the City Charter Review Committee to address residency requirements.
Sondra Segall, via Zoom, said this meeting is a sham; commented on concerns regarding Councilmember Obagi' s and Mayor Pro Tem Nehrenheim' s behavior and actions and discussed the latter's involvement with Rescue Our Waterfront.
There were no other public comments.
The motion was restated as follows:
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to take no action based on the finding that Councilmember Horvath is a resident under Article 6.5 of the Redondo Beach City Charter. Motion carried 5-0, with the following roll call vote:
AYES: Emdee, Horvath, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim NOES: None
ABSENT: None
ADJOURNMENT: 5: 39 P. M.
There being no further business to come before the City Council, motion by Councilmember Loewenstein, seconded by Councilmember Emdee, to adjourn the meeting at 5:39 p.m.
All written comments submitted via eComment are included in the record and available for public review on the City website.
Respectfully submitted,
W64& -
Eleanor Manzano, Ci Cle
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