Minutes
Redondo Beach City Council
Tuesday, January 24, 2023
Closed Session - Adjourned Regular Meeting — 4:30 p. m.
Open Session — Adjourned Regular Meeting — 6:00 p. m.
4:30 PM - CLOSED SESSION — ADJOURNED REGULAR MEETING
A. CALL MEETING TO ORDER
An Adjourned Regular Meeting of the Redondo Beach City Council was called to order by Mayor Pro Tem Nehrenheim at 4:35 p.m. in the City Hall Council Chamber, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Horvath, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim Councilmembers Absent: Emdee, Mayor Brand
Officials Present: Michael Webb, City Attorney
Mike Witzansky, City Manager
Vickie Kroneberger, Chief Deputy City Clerk
C. SALUTE TO THE FLAG AND INVOCATION - None
D. BLUE FOLDER ITEMS — ADDITIONAL BACK UP MATERIALS - None E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS AND NON -AGENDA ITEMS — None F. RECESS TO CLOSED SESSION: 4:40 p.m.
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to adjourn to Closed Session at 4:40 p.m. attended by City Manager Witzansky, City Attorney Webb, Assistant City Attorney Park, Waterfront & Economic Development Director Greg Kapovich, Human Resources Director Diane Strickfaden and Outside Counsel Laura Kalty. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Mayor Pro Tem Nehrenheim announced that he will be recusing. himself from Item No. F. 1.
F. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)( 1).
Name of case:
Luke Carlson, et al. v. City of Redondo Beach, et -al.
Case Number: 2:20-cv-00259- ODW-SS
F.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
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Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
Portions of the Redondo Beach Marina Parking Lot and Seaside Lagoon (portions of APN # s 7503- 029-900 and 7503-033-903
NEGOTIATING PARTY:
Allen Sanford, Beachl-ife Festival, LLC
UNDER NEGOTIATION:
Both Price and Terms
F. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Department PROPERTY:
555 North Harbor Drive
Portion of 7503-029-903)
NEGOTIATING PARTY:
Kevin Ketchum
Port Royal Marina
UNDER NEGOTIATION:
Both Price and Terms
F.4. CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Redondo Beach Police Officers Association; Redondo Beach Police Management Unit G. RECONVENE TO OPEN SESSION — 6: 17 p.m.
H. ROLL CALL
Councilmembers Present: Emdee, Horvath, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim Councilmembers Absent: Mayor Brand
Officials Present: Michael Webb, City Attorney
Cheryl Park, Assistant City Attorney
Mike Witzansky, City Manager
Vickie Kroneberger, Chief Deputy City Clerk
I. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
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City Manager Witzansky announced that Councilmember Emdee joined Closed Session during the proceedings.
J. ADJOURN TO REGULAR MEETING
City Council concurred to adjourn the Closed Session at 6: 18 p. m. to an Open Session Adjourned Regular Meeting.
6:00 PM - OPEN SESSION — ADJOURNED REGULAR MEETING
A. CALL TO ORDER
An Adjourned Regular Meeting of the Redondo Beach City Council was called to order by Mayor Brand at 6: 18 p. m. in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Emdee, Horvath, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim Councilmembers Absent: Mayor Brand
Officials Present: Michael Webb, City Attorney
Mike Witzansky, City Manager
Cheryl Park, Assistant City Attorney
Vickie Kroneberger, Chief Deputy 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.
D. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
Councilmember Loewenstein announced that the District 2 community meeting will be on Thursday, January 26, 2023 at 6:00 p.m. in the South Bay Social District Leasing Office.
Councilmember Horvath reported the Beach Cities Health District held a kick-off event for the Alcove Mental Health Facility.
Councilmember Obagi reported Hermosa Beach resident Harry Cartwright passed away suddenly, while playing volleyball and announced his community meeting on February 1, 2023 at 6:30 p.m. at the Perry Park Senior Center.
Councilmember Emdee commented favorably and thanked staff for installing sidewalks along Matthews near the new condominiums.
Mayor Pro Tem Nehrenheim announced his online community meeting January 25, 2023 at 6:30 p.m. via Zoom and Facebook and discussed the upcoming Redondo Beach Distinguished Speakers Series.
E. APPROVE ORDER OF AGENDA
Motion by Councilmember Loewenstein, seconded by Councilmember Horvath to approve the order of the agenda, as presented. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
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F. AGENCY RECESS — None
G. BLUE FOLDER ITEMS — ADDITIONAL BACK UP MATERIALS
Motion by Councilmember Horvath, seconded by Councilmember Loewenstein to receive and file Blue Folder Items for Agenda Item Nos. J. 1 and L. 1 as presented. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
H. CONSENT CALENDAR
Motion by Councilmember Horvath, seconded by Councilmember Loewenstein, to approve the Consent Calendar, as presented. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
H. I. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF JANUARY 24, 2023
CONTACT: ELEANOR MANZANO, CITY CLERK
H. 2. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL
ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
CONTACT: ELEANOR MANZANO, CITY CLERK
H. 3. APPROVE CONTRACTS UNDER $35,000:
1. APPROVE AN INDEPENDENT CONTRACTOR AGREEMENT WITH JOY SALAS ( DBA
HAWAIIAN DANCE) FOR DANCE AND FITNESS INSTRUCTION IN AN AMOUNT NOT TO EXCEED 34,900 FOR THE TERM JANUARY 24, 2023 THROUGH DECEMBER 31, 2024 CONTACT: LORI YAMASAKA, ACTING FINANCE DIRECTOR
There were no public comments regarding the Consent Calendar.
I. EXCLUDED CONSENT CALENDAR ITEMS - None
J. PUBLIC PARTICIPATION ON NON -AGENDA ITEMS
Eugene Solomon, Candidate for City Treasurer, discussed City Charter amendments that are on the ballot; noted the initiatives can save taxpayer dollars and improve efficiencies for staff and election officials in the City; addressed the benefits of additional recommended amendments unanimously approved by the Charter Committee and City Council and urged voters to approve them in the upcoming election.
Chad spoke in support of Councilmember Horvath; spoke about the recent special meeting scheduled at 3: 00 p. m. as an inconvenient time for people who work or have children in school; noted several actions during the meeting exposed the City to potential litigation; spoke of a Brown Act violation and First Amendment rights and reported sending a letter to the City asking City Council to correct the Brown Act and First Amendment violations.
Lee Coller, Member of King Harbor Yacht Club and Southern California Yachting Association, listed some of the achievements of local yacht clubs and noted Redondo Beach is well represented in the boating community.
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Nancy Skiba, via Zoom, spoke about being civil during City Council meetings and endorsed Candace Nafissi for District 3 City Councilmember, Eugene Solomon for City Treasurer and Jerome Chang for the School Board.
Chief Deputy City Clerk Kroneberger reported receiving one eComment.
Carissa Gallardo expressed her appreciation to the City for the skate park at Perry Park.
There were no other public comments.
K. EX PARTE COMMUNICATIONS
Councilmember Loewenstein reported talking to Mayor Brand, the public, staff and the proponent of the project.
Councilmember Horvath reported talking to the project applicant, last year and Councilmember Emdee.
Councilmember Obagi reported speaking with the applicant, the people taking the place of the appellant, Mayor Pro Tem Nehrenheim, the public, staff, Mayor Brand and inside and outside counsel.
Councilmember Emdee reported speaking with Jason and his staff, staff, outside counsel and Councilmember Horvath.
Mayor Pro Tem Nehrenheim reported speaking with Mayor Brand, Councilmember Obagi, the public, the proponent, Member of the Planning Commission, City staff and outside and inside counsel.
Mayor Pro Tem Nehrenheim reported Mayor Brand was sorry he was unable to attend tonight's meeting; noted he is going through a medical procedure in Houston and wished him well.
L. PUBLIC HEARINGS
L.I. PUBLIC HEARING BEFORE THE CITY COUNCIL FOR CONSIDERATION OF AN APPEAL OF
THE PLANNING COMMISSION DECISION CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM; AND,
APPROVING A COASTAL DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT ( DENSITY
BONUS, OUTDOOR DINING, TASTING ROOM, AND MULTIPLE DWELLING UNITS), AN HISTORIC VARIANCE, PLANNING COMMISSION DESIGN REVIEW,. AND A VESTING TENTATIVE MAP NO. 82561 FOR A PROPOSED 30 -UNIT RESIDENTIAL DENSITY BONUS
PROJECT WITH ADAPTIVE REUSE OF NON- RESIDENTIAL BUILDINGS FOR COMMERCIAL
PURPOSES ON PROPERTY LOCATED WITHIN A LOW-DENSITY, MULTIPLE -FAMILY RESIDENTIAL (R -3A) ZONE AT 100- 132 N. CATALINA AVENUE Procedure:
1) Announcement and motion to open the public hearing;
2) Motion to receive and file affidavit of publication, case file, and written correspondence; 3) Staff presentation;
4) Public testimony and presentation of evidence;
5) City Council questions;
6) Motion to close the public hearing;
7) City Council discussion and debate; and
8) Motion and action. Adopt by title only resolution:
ADOPT BY TITLE ONLY RESOLUTION NO. CC -2301- 013, A RESOLUTION OF THE CITY
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COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DENYING THE APPEAL AND
UPHOLDING THE PLANNING COMMISISON DECISION CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT
OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM; AND, APPROVING A COASTAL DEVELOPMENT PERMIT, CONDITIONAL USE
PERMIT ( DENSITY BONUS), AN HISTORIC VARIANCE, PLANNING COMMISSION DESIGN REVIEW, AND A VESTING TENTATIVE MAP NO. 82561 FOR THE CONSTRUCTION OF A 30 -
UNIT RESIDENTIAL PROJECT AND ADAPTIVE REUSE OF EXISTING BUILDINGS FOR NOW
RESIDENTIAL USES ON A SITE WITHIN A LOW-DENSITY, MULTIPLE -FAMILY RESIDENTIAL R -3A) ZONE, IN THE COASTAL ZONE, LOCATED AT 100-132 N. CATALINA AVENUE orADOPT BY TITLE ONLY RESOLUTION NO. CC -2301- 014, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, GRANTING THE APPEAL AND
OVERTURNING THE PLANNING COMMISISON DECISION CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT
OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM; AND, APPROVING A COASTAL DEVELOPMENT PERMIT, CONDITIONAL USE
PERMIT ( DENSITY BONUS), AN HISTORIC VARIANCE, PLANNING COMMISSION DESIGN REVIEW, AND A VESTING TENTATIVE MAP NO. 82561 FOR THE CONSTRUCTION OF A 30 - UNIT RESIDENTIAL PROJECT AND ADAPTIVE REUSE OF EXISTING BUILDINGS FOR NONRESIDENTIAL USES ON A SITE WITHIN A LOW-DENSITY, MULTIPLE -FAMILY RESIDENTIAL R -3A) ZONE, IN THE COASTAL ZONE, LOCATED AT 100- 132 N. CATALINA AVENUE CONTACT: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to open the public hearing. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Mayor Pro Tem Nehrenheim discussed the procedure to be followed for the public hearing and reported the appellant is Councilmember Loewenstein.
Motion by Councilmember Horvath, seconded by Councilmember Obagi, to receive and file the affidavit of publication, case file, and written correspondence. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Community Development Director Brandy Forbes introduced the item and deferred to Senior Planner Antonio Gardea for a presentation.
Senior Planner Gardea narrated a PowerPoint presentation with details of the proposed project.
Jason Muller, Founder and CEO, Beach City Capital, introduced himself; narrated a PowerPoint presentation with additional details of the proposed project.
Michael Shonafelt, applicant's counsel, referenced a letter laying out some of the statutory guardrails governing deliberation and decision making on the housing project; said the project cannot meet with a denial or a reduction in density or a condition of approval which would render it infeasible, absent support of a preponderance of evidence in the written record of a specific adverse impact on public health or safety; discussed the Housing Accountability Act; commented on the waivers being a matter of right and thanked City Council for being the City's gatekeepers and keeping the City beautiful and charming, and preserving its character.
Discussion followed regarding preponderance of evidence versus substantial evidence.
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Mayor Pro Tem Nehrenheim invited public comments and listed speakers who ceded their time, including Kristen Nelson, Wayne Craig, Jill Klausen, Eugene Solomon, Carissa Gallardo, Jamie Pagliano, Lezlie Campeggi, Daniel Collins providing 27 minutes to Ms. Hazeltine 27 to speak.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to receive and file written documents submitted by Gale Hazeltine. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Gale Hazeltine narrated a PowerPoint presentation with details of the Planning Commission' s consideration and actions as well as the appeal; reported the project was misrepresented to the public as multi -family units by the developer until the last Planning Commission meeting; felt the misrepresentation invalidates critical analyses; noted the parking variance violates the Coastal Act and the City's LCP; stated current zoning and ordinances do not address critical health and safety considerations and urged City Council to reject the project as presented. She defined co -living; spoke about co -living requiring new codes and regulations; compared co -living with typical multi -family units; addressed health and safety concerns; referenced a letter from RDFD Fire Chief Butler listing his concerns; discussed vehicle miles traveled and that the project does not meet its own objectives. She conceded her remaining time to Sheila Lamb.
Mayor Pro Tem Nehrenheim reported that Bob Gaddis and Jim Light conceded their time to Sheila Lamb.
Sheila Lamb continued with the PowerPoint presentation; addressed the parking assessment; noted the project is 115 parking stalls short of what is required; spoke about the project violating the Coastal Act; discussed the California Coastal Act State Code 30001; noted the local Coastal Program reaffirms the public's right to coastal access; stated it prohibits a reduction of street parking for development projects and stressed this is not the right project for the City and its residents.
Frank Buckley spoke in support of Jason Muller; noted parking issues in connection with in -fill projects and stated the point of the project is to provide affordable access to the beach.
Robbie Kumar, Partner, Beach City Capital, stated the lack of regulations does not imply that there is a violation of the regulations; reported that according to Planning staff, this project has been designed within code; felt the opponents, in terms of health and safety, ignore that the property is a derelict property; noted the project has been designed, specifically, to accommodate local residents; addressed SB 330 and believed denial of the project will put the City at risk of litigation.
Christine Munoz spoke about her admiration of Sheila Lamb and Gale Hazeltine; stated the project will negatively impact residents living in the area and discussed the possibility of implementing a parking permit program for residents on Catalina and Broadway.
Amy Hudson expressed concerns with impacts to views, sunlight, coastal breezes and utility costs and spoke in support of implementing a parking permit program.
Emmett Jones expressed concerns about the height concession, impacts to views, the co -living model and commented on the developer's misrepresentation of the project.
Miriam Burgos, via Zoom, spoke in support of Jason Muller; noted he is committed to his community; believed the project fits well with the existing flow of the community; commented on the opportunity to mitigate the soil contamination and build something that flows with the surrounding community and preserves some of the historical value of the lot.
Nancy Skiba, via Zoom, expressed concerns regarding the project contributing to unnecessary, extra traffic to the community; felt the project does not fit in a residential neighborhood and it does not constitute the best use of the property.
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Bodie Coles, via Zoom, spoke about challenges in finding affordable housing in the City; that it is unfortunate that parking seems to be the biggest issue blocking the project and expressed support.
Chief Deputy City Clerk Kroneberger reported receiving eComments with 16 people supporting the project, 5 people opposed and one neutral.
Gale Hazeltine stated that if the property looks derelict, it is because the developer has allowed it to happen; noted the project is not mixed- use; spoke about the difference between co -living and multi -family; reported the City has not addressed co -living in the code; asserted parking permits will not work as it prevents access to the beach; discussed emergency services access and indicate there is nothing affordable about the project.
Sheila Lamb reiterated the lack of parking violates the Coastal Act and the Local Coastal Program; noted the need to provide adequate parking; added that the threat of a lawsuit does not rebut the fact that it violates the law; stated this is not about nimbyism, but rather about respecting the law; stressed that small changes make a big difference and urged City Council to reject the project.
Michael Shonafelt, applicant' s legal counsel, addressed co -living; said this is a discrimination in housing issue the City is prohibited from regulating; spoke about the developer putting best business practices put in place; said the project is consistent with the Local Coastal Program and the General Plan, as a matter of law; believed that parking cannot be used to regulate or deny the project; discussed preserving the heritage commercial frontage on the street and talked about the Housing Accountability Act being in harmony with the Coastal Act.
Jason Muller, Founder and CEO, Beach City Capital, stated the project has always been straight forward as a for -rent multifamily project and will be managed by a property manager; spoke about high rents/leasing because of the lack of housing in the City; commented on keeping young and talented people in Redondo Beach; reported that 15% of the proposed units will be for affordable housing and that the area is zoned for multiple housing; addressed availability of a parking structure within walking distance of the site; talked about the parking study; commented on the jobs the project will generate; stressed this is a 30 -unit, urban in -fill project; claimed it is unfair to say that the project was misrepresented and noted that the project was approved by the Planning Commission and the Historical Preservation Commission.
Discussion followed regarding the tech -based leasing application, boosting occupancy by 300 basis points and remediation/ mitigation of the contaminated site.
Susanne Huerta, Rincon, said there is vapor and arsenic contamination in the soil, as part of hazard mitigation plan and pursuant to clean-up, contamination levels will be below allowable levels for residential development.
In reply to questions from Councilmember Horvath, RBFD Chief Butler spoke about projects needing to meet the Fire Code; discussed the lack of regulations relative to co -housing and talked about the process for investigating dormitory -style housing.
Discussion followed regarding the developer's business model, compliance with fire safety, evaluating compliance with ADA and Fair Housing standards, claims regarding the traffic study and the basis for analyses.
Dan Whithee, BSB Design, the project's architect, confirmed that this project meets ADA and Fair Housing requirements.
Nico Boyd, Fehr & Peers, transportation consultant, said the traffic studies were based on 42 dwelling units, rather than 30, to provide a more accurate assessment. It was noted that the system used in the traffic study does not provide for estimating trip generation for co -housing.
Councilmember Loewenstein countered that there could be more than 122 lessees given the number of
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bedrooms in the project, as presented.
Mr. Boyd said the EIR made the assumption this was family housing.
Discussion followed regarding the estimated number of trips generated and models used; level of service at the adjacent intersection; emergency access; impacts on Catalina; transportation demand management; the need for a Statement of Overriding Concern; transit -oriented versus transit -priority; proposed traffic mitigation measures; and analyzing vehicle miles traveled ("VMT"), conservatively, per population conditions set by the Planning Commission that the project would not permit more than one person per bedroom.
Greg Kettles, Outside City Counsel, Best Best & Krieger, in response to Councilmember Horvath' s inquiry, said the findings identified to reject the EIR would be that it did not adequately analyze the environmental measures that were called for in the report and that the report is faulty, e.g. VMT analysis.
Discussion followed regarding parking standards within the City's LCP; the possibility of reconfiguring streets for additional on -street parking; uses creating additional parking demands; the City's parking requirements for multi -unit housing; and unbundling of parking.
Community Development Forbes said the LCP includes the ability to grant a parking variance.
Senior Planner Gardea said there may be a net positive on street parking as a result of the project given that commercial and residential standards were applied.
There was additional discussion pertaining to affordable units that would need to be developed in another location if the project is denied; the process for evaluating tenancy of affordable units; the time allowed for determining consistency/inconsistency with the code; differences in evaluating parking for Riviera Village versus this project; utilizations expected for the units; basing calculations on dwelling units versus the number of bedrooms; leases per unit and the minimum terms of the leases; preservation of historic structures, operating hours for the coffee shop and tasting room; programs/incentives for encouraging people to use public transportation, and AB 2797.
Philip Goalwin, developer's consultant, said the groundwater contamination consultants put in soil borings to 80 ft.; actual contamination is in the upper 40 ft. One contaminant is from a dry-cleaning operation' s solvent.
He confirmed with Councilmember Loewenstein that mitigation would occur by installing wells; arsenic remediation would occur by removal and cement treatment down to 5 ft., but can go deeper.
Discussion continued regarding consideration of ridesharing or incentives to encourage use of public transportation, whether there is a local coastal parking management program, necessary findings to reject the project and City Council's responsibility to ensure the LCP is abided by.
Councilmember Obagi addressed the Coastal Act and AB 2797; discussed the Public Resources Code under the Coastal Act; commented on Government Code § 65589.5; spoke about determining consistency with codes within a window of 30 days from the project submission; addressed protecting views from Czuleger Park and the need to provide adequate parking for access and noted City Council will take as long as needed to consider this important project on the coast. He addressed similar issues and laws in other U. S. cities and discussed California Case Law and the City's 2020 Census in Redondo Beach.
Michael Shonafelt stated none of the principles of law referenced by Councilmember Obagi have any bearing on this case; that the City cannot make a case to deny the project on Coastal Act grounds and discussed the need to base decisions on written, objective standards.
Mayor Pro Tem Nehrenheim spoke about being a part of an amendment to the City's LCP; discussed the importance of the Coastal Act and local access; talked about a project in Florida with permit parking, metered and limited parking hours; commented on the possibility of building underground parking and noted paid
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parking was included with free parking in the parking study.
RBFD Chief Butler discussed procedures for determining the best access to emergency locations; spoke about the need to gather accurate patient information and talked about the emergency response plan for multifamily housing.
Discussion followed regarding minimum square footage, ensuring the correct square footage of the units, the L.A. City and San Jose ordinances for home -sharing, other cities regulating co -living, making sure there are no internal access -limiting elements in place, installation of bicycle parking and proposed sound insulation.
Kathy Whittaker expressed concerns about the proposed project blocking airflow and views, increased noise and traffic and lack of parking and privacy; discussed yearly Fire Department inspections and noted the need for implementation of a parking program if the project is approved.
Discussion followed regarding density bonus concessions for the height, the possibility of requiring local hiring as a condition and commercial uses qualifying as neighborhood serving businesses.
Motion by Councilmember Emdee, seconded by Councilmember Horvath, to close the public hearing. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Councilmember Obagi noted that the project is beautiful; expressed concerns regarding coastal resources and the availability of parking and stated no concerns regarding parking for commercial uses.
Mayor Pro Tem Nehrenheim spoke about residential density and occupancy; expressed concerns that a parking management program will need to be implemented if the project is approved; discussed occupancy, population and a continuous change in occupancy and noted this project will not go before the Coastal Commission.
Councilmember Horvath stated there are many assumptions being made; that the City Council is overthinking the 30 -unit project; noted the primary parking in the area is resident -serving and spoke about the project meeting requirements from a health and safety perspective.
Discussion followed regarding the lack of regulations regarding co -living and access by emergency services, being careful in terms with parking issues impacting Czuleger Park, regulating communal uses, the lack of evidence as grounds to uphold the appeal, waiting to determine if there is a problem with parking before implementing a metered parking program, protecting parking as a public amenity, violations of the Coastal Act, problems with the parking study, finding a solution to the parking problem, the lack of standards for determining transportation and VMT impacts from the development and previous approvals of multi -family developments.
Motion by Councilmember Horvath, seconded by Councilmember Emdee, to ADOPT BY TITLE ONLY RESOLUTION NO. CC -2301- 013, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO
BEACH, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISISON DECISION CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING ENVIRONMENTAL
FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM; AND, APPROVING A COASTAL DEVELOPMENT PERMIT, CONDITIONAL
USE PERMIT ( DENSITY BONUS), AN HISTORIC VARIANCE, PLANNING COMMISSION DESIGN REVIEW, AND A VESTING TENTATIVE MAP NO. 82561 FOR THE CONSTRUCTION OF A 30 -UNIT
RESIDENTIAL PROJECT AND ADAPTIVE REUSE OF EXISTING BUILDINGS FOR NON- RESIDENTIAL USES ON A SITE WITHIN A LOW- DENSITY, MULTIPLE -FAMILY RESIDENTIAL ( R -3A) ZONE, IN THE COASTAL ZONE, LOCATED AT 100- 132 N. CATALINA AVENUE, as amended by adding a condition requiring having employment in Redondo Beach to qualify for the affordable housing units.
Councilmember Emdee suggested that shared parking could be an option to consider by installing carports
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instead of garages and that it has been proven that residential parking is not the problem but parking for commercial parking is problematic.
Councilmember Obagi discussed finding that the waivers and concessions are contrary to Federal law; spoke about protecting the scenic and visual qualities of coastal areas as a resource of public importance and the project is violating the Public Resources Code.
Substitute motion by Councilmember Obagi, seconded by Mayor Pro Tem Nehrenheim, to ADOPT BY TITLE ONLY RESOLUTION NO. CC -2301- 014, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, GRANTING THE APPEAL AND OVERTURNING THE PLANNING COMMISISON DECISION CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING
ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM; AND, APPROVING A COASTAL
DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT ( DENSITY BONUS), AN HISTORIC VARIANCE, PLANNING COMMISSION DESIGN REVIEW, AND A VESTING TENTATIVE MAP NO. 82561 FOR THE CONSTRUCTION OF A 30 -UNIT RESIDENTIAL PROJECT AND ADAPTIVE REUSE OF EXISTING
BUILDINGS FOR NON- RESIDENTIAL USES ON A SITE WITHIN A LOW-DENSITY, MULTIPLE -FAMILY RESIDENTIAL ( R -3A) ZONE, IN THE COASTAL ZONE, LOCATED AT 100- 132 N. CATALINA AVENUE.
Mayor Pro Tem Nehrenheim said the EIR is deficient, based on the VMT; noted a 20% increase in residential uses; reported nothing is being done to mitigate traffic impacts; stated there are no current standards in place to deal with the health, safety and wellbeing of the occupants such as emergency services; and indicated the City has no codes to properly define the proposed use.
Assistant City Attorney Parks discussed the findings needed in order to grant the appeal and deny the project.
Community Development Director Forbes noted all of the possible findings are listed under the resolution.
Assistant City Attorney Parks suggested directing staff to add specific findings and taking a short recess to allow staff to make the appropriate changes.
Councilmember Obagi referenced No. 14, Subsection B relative to the lack of alternative transportation provided or adequate parking, the lack of extensive bicycle parking and alternative transportation demand management incentives that support the urban living option, the lack of unencumbered, residential parking, the lack of 23 commercial parking spots plus an approximately unknown number of 40 to 115 additional residential parking spots generated from the residents, the individuals renting 122 bedrooms in this residential co -living development, results in 23 plus the unknown number of residential parking being put out onto the streets and taking up public parking spots, which is a public resource and irreversibly commits the coastal zone resources to this project.
Mayor Pro Tem Nehrenheim reiterated there are no current standards or policies in place to deal with the health and safety of co -living.
Councilmember Obagi added as it concerns with public safety responses and including egress in cases of emergency; noted the project understated significant and unavoidable VMT impacts and imposes an adverse effects on the environment that is not adequately captured in the EIR and stated Council denies the statement of overriding consideration.
Mayor Pro Tem Nehrenheim adding there is a 20% increase in residential which impacts the parking and traffic calculations.
Councilmember Obagi stated the project is within 0. 1 miles from Czuleger Park which is identified as a protected resource in the LCP and for which the public resource of parking and access for the general public must be protected and found that the concession regarding the height under Subsection C, would result in
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blocking views and sunlight to adjacent residences would be contrary to the State Public Resources Code 30251.
Mayor Pro Tem Nehrenheim added that the parking study submitted to the Planning Commission was deficient and invalid as it did not adequately study the available parking that was temporary, short-term and metered.
Councilmember Obagi listed green and yellow parking areas and stated they deplete the available parking for residential.
Mayor Pro Tem Nehrenheim added that parking within the coastal zone will be severely negatively impacted.
Councilmember Obagi noted the concessions violate Public Resources Code 30252 because it fails to provide adequate parking facilities or provide a substitute means for serving the development with public transportation.
Mayor Pro Tem Nehrenheim listed the lack of privacy, noise or other security means for the co -living inhabitants inside the living areas; spoke about occupancy load impacting health and safety; noted the concessions would be contrary to the Coastal Act of 1976 and stated the concession are contrary to State law with regards to health and safety for residential uses related to emergency services access and kitchen and bathroom facilities for the inhabitants.
Regarding No. 15, Councilmember Obagi mentioned lack of policies regulating the safe proliferation of cohabitation.
Mayor Pro Tem Nehrenheim suggested repeating the language in No. 14 Subsection B relative to paramedic and fire services, personal safety, privacy issues, airborne diseases including COVID spread, lack of sanitary conditions and the lack of proposed air filtration systems.
Mayor Pro Tem Nehrenheim noted the City has no home -sharing ordinances in place; reported there are no prohibitions in place such as overnight guests or host requirements and that full kitchen facilities are not properly defined; stated there is no protection for inhabitants in terms of the type of doors; indicated they all have the same kitchen facilities regardless of the number of bedrooms; mentioned that No. 16 is not met; asserted the project violates the City's LCP in significant manners with parking, access to the coastline, Czuleger Park and the harbor and does not have adequate parking and loading requirements.
In addition, Mayor Pro Tem Nehrenheim said the project violates the City's General Plan as it does not address co -living standards; noted there is no parking management plan in place, the neighborhood character of the coastal zone will be severely impacted for visitor -serving services to the park and the harbor and the project does not meet access to public streets or highways requirements.
Councilmember Obagi reported the VMT's are understated, the model does not adequately incorporate the environmental impacts of co -living establishments including noise and the proposed use would impact surrounding neighbors by consuming their available parking.
Mayor Pro Tem Nehrenheim continued dictating the findings in support of the resolution granting the appeal and overturning the Planning Commission' s decision.
Discussion followed regarding building heights blocking access to light into the surrounding residences, effects on the Landmark District, negative impacts to the surrounding neighborhood from the intensification of use and parking and the lack of documentation regarding the historical variance for parking in terms of the proper amount of parking in the LCP, which would require an amendment to the LCP or ordinances and verification by the Coastal Commission.
MINUTES - CITY COUNCIL
Tuesday, January 24, 2023
Mayor Pro Tem Nehrenheim and Councilmember Obagi continued detailing the findings in support of the resolution. He requested noting that the developer's environmental consultants testified there is no reason additional parking cannot be developed below -grade under Item 16 Subsection A.
RECESS/ RECONVENE
Motion by Councilmember Horvath, seconded by Councilmember Loewenstein, to call for a recess at 1: 57 a. m., Wednesday, January 25, 2023. There being no objections, Mayor Pro Tem Nehrenheim so ordered Mayor Pro Tem Nehrenheim reconvened the meeting at 3:56 a. m., Wednesday, January 25, 2023.
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
Cheryl Park, Assistant City Attorney
Vickie Kroneberger, Chief Deputy City Clerk
Mayor Pro Tem Nehrenheim reviewed the updated/amended copy of the resolution for granting the appeal and overturning the Planning Commission' s decision.
Councilmember Obagi asked whether the findings made can be used to approve a reduced project such as with a reduced number of bedrooms.
City Attorney Webb did not believe so, but suggested City Council could modify the resolution denying the appeal and upholding the Planning Commission' s decision to do so, with findings that would support a reduced bedroom count.
Councilmember Obagi spoke about the possibility of approving a project but with lesser impacts such as reducing each unit by one bedroom.
Discussion followed regarding the remaining findings in terms of the use and health and safety issues, the possibility of partially reducing the remaining impacts with the reduction of bedrooms and inserting a Whereas" clause that the co -residency aspect was not made clear to the Planning Commission or the public until the third meeting of the Planning Commission.
Council reviewed typographical corrections and edits to the document.
Discussion continued regarding the feasibility/viability of moving forward with a reduced project.
Motion by Councilmember Obagi, seconded by Mayor Pro Tem Nehrenheim, to reopen the public hearing.
The motion carried, 4- 1, with Councilmember Emdee, opposed.
Mr. Muller stated he would be willing to reduce the bedroom count by 5, across the board and to concede to ride -sharing programs and spoke about the feasibility of reducing 5 -bedroom units ( 18 in total) to 4 -bedroom units.
Discussion followed regarding reducing the number of people on a lease, challenges in terms of the co -living aspect of the project and added that inhabitants are not allowed to deadbolt the bedrooms.
MINUTES - CITY COUNCIL
Tuesday, January 24, 2023
Mayor Pro Tem Nehrenheim invited public comments.
Gale Hazeltine spoke about the lack of reports in terms of a reduced project; noted if the project continues to be co -living, the numbers in the EIR will continue to be inaccurate and that a reduction in 18 bedrooms will not make a large difference on the negative impacts.
Make speaker said that many of the health and safety impacts are not applicable to multi -family housing and questioned the assumptions that each bedroom will be leased and that each inhabitant will have a car.
Discussion followed regarding costs related to subterranean parking.
Sheila Lamb noted it is reasonable to assume that 122 bedrooms will be filled with 122 inhabitants; reported the important aspects to keep in mind are the Coastal Act, parking and the City's responsibility to the Coastal Act; added that the VMT is inadequate and that it is important to the project to acknowledge that responsibility to the community surrounding the development and urged City Council to reconsider its direction.
There were no other public comments.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to close the public hearing.
There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Mayor Pro Tem Nehrenheim spoke about not having enough information to evaluate the project, in terms of reducing the total number of bedrooms.
Councilmember Obagi withdrew his substitute motion.
Substitute motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to ADOPT BY TITLE ONLY RESOLUTION NO. CC -2301- 014, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, GRANTING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION DECISION CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING
ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM; AND, APPROVING A COASTAL
DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT ( DENSITY BONUS), AN HISTORIC VARIANCE, PLANNING COMMISSION DESIGN REVIEW, AND A VESTING TENTATIVE MAP NO. 82561 FOR THE CONSTRUCTION OF A 30 -UNIT RESIDENTIAL PROJECT AND ADAPTIVE REUSE OF EXISTING
BUILDINGS FOR NON-RESIDENTIAL USES ON A SITE WITHIN A LOW-DENSITY, MULTIPLE -FAMILY RESIDENTIAL (R -3A) ZONE, IN THE COASTAL ZONE, LOCATED AT 100- 132 N. CATALINA AVENUE, as amended and receive and file the public testimony and any applicable reports.
Motion carried 3- 2, with the following roll call vote:
AYES: Loewenstein, Obagi, Mayor Pro Tem Nehrenheim
NOES: Emdee, Horvath
ABSENT: None
Chief Deputy City Clerk Kroneberger read title to Resolution No. CC -2301- 014, as amended.
M. ITEMS CONTINUED FROM PREVIOUS AGENDAS - None
N. ITEMS FOR DISCUSSION PRIOR TO ACTION - None
O. CITY MANAGER ITEMS - None
MINUTES - CITY COUNCIL
Tuesday, January 24, 2023
P. MAYOR AND COUNCIL ITEMS
Q. MAYOR AND COUNCIL REFERRALS TO STAFF
R. RECESS TO CLOSED SESSION - None
R.I. CONFERENCE WITH LEGAL COUNSEL AND LABOR NEGOTIATOR - The Closed Session is authorized by the Government Code Sec. 54957.6.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Diane Strickfaden, Director of Human Resources
EMPLOYEE ORGANIZATIONS:
Redondo Beach Police Officers Association; Redondo Beach Police Management Unit CONTACT: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES R.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9( d)( 1).
Name of case:
Redondo Beach Waterfront, LLC v. City of Redondo Beach
Appellate Case Number: B311039
S. RECONVENE TO OPEN SESSION — None
T. ADJOURNMENT: 4:22 a. m., Wednesday, January 25, 2023 T.1. ADJOURN IN MEMORY OF CAIT NAYLOR, DAUGHTER OF RBPD CAPTAIN JON NAYLOR There being no further business to come before the City Council, motion by Councilmember Obagi, seconded by Councilmember Horvath, to adjourn the meeting at 4:22 a.m. on January 25, 2023, in memory of Cait Naylor, daughter of RBPD Captain Jon Naylor, to an Adjourned Regular meeting to be held at 4:30 p. m. ( Closed Session) and a Regular meeting to be held at 6:00 p. m. ( Open Session) on Tuesday, February 7, 2023, in the Redondo Beach City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
All written comments submitted via eComment are included in the record and available for public review on the City website.
Respectfully submitted,
31 Eleanor Manzano, City e
MINUTES - CITY COUNCIL
Tuesday, January 24, 2023