MINUTES - CITY COUNCIL
Tuesday, May 16, 2023
Minutes
Redondo Beach City Council
Tuesday, May 16, 2023
Closed Session - Adjourned Regular Meeting 4:30 p.m.
Open Session –Regular Meeting 6:00 p.m.
4:30 PM - CLOSED SESSION – ADJOURNED REGULAR MEETING
A. CALL MEETING TO ORDER
An Adjourned Regular Meeting of the Redondo Beach City Council was called to order by Mayor Pro Tem Nehrenheim at 4:32 p.m. in the City Hall Council Chamber, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Behrendt, Loewenstein, Mayor Pro Tem Nehrenheim Councilmembers Absent: Kaluderovic, Obagi, Mayor Brand
Officials Present: Eleanor Manzano, City Clerk
Michael Webb, City Attorney
Mike Witzansky, City Manager
C. SALUTE TO THE FLAG AND INVOCATION - None
D. BLUE FOLDER ITEMS – ADDITIONAL BACK UP MATERIALS
Administrative Specialist Melissa Villa noted that one public communication was received regarding Items No.
F.1.
Motion by Councilmember Loewenstein, seconded by Councilmember Behrendt, to receive and file Blue Folder Items. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS AND NON-AGENDA ITEMS - None Mayor Pro Tem Nehrenheim called for public comment on Closed Session and Non-Agenda Items. There being no comments, Mayor Pro Tem Nehrenheim closed public comment for this item.
F. RECESS TO CLOSED SESSION:
Administrative Specialist Melissa Villa announced items to be discussed in Closed Session.
Motion by Councilmember Loewenstein, seconded by Councilmember Behrendt, to recess to Closed Session at 4:37 p.m. to conduct Closed Sessions attended by City Manager Mike Witzansky, City Attorney Mike Webb, Assistant City Attorney Cheryl Park, Waterfront and Economic Development Director Greg Kapovich, Real Estate Consultant Brian Campbell, Outside Legal Counsel Phil Toomey, Outside Legal Counsel Abby O’Bryant and Outside Legal Counsel John Welner. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
F.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The Closed Session is authorized by
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the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY APN’s:
7503-013-016
7503-003-901
7503-003-900
7503-013-017
7503-003-012
7503-008-901
7503-008-902
7503-033-903
7503-029-900
7503-029-902
7505-002-932
7505-002-914
7505-002-908
7505-002-904
7505-002-913
And other portions of the Redondo Beach waterfront, Seaside Lagoon, Redondo Beach and Fisherman’s Wharf piers not specifically identified by LA County APN’s.
NEGOTIATING PARTIES:
Private leaseholders
UNDER NEGOTIATION & REVIEW:
Existing lease terms and current lease negotiation status F.2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED POTENTIAL LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(2).
Two potential cases
F.3. 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:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal.
Case Number: 2:23-bk-10918-ER
F.4. 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:
City of Redondo Beach, et al. v. California State Water Resources Control Board Case Number: 20STCP03193
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F.5. 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:
New Commune DTLA, LLC and Leonid Pustilnikov v. City of Redondo Beach and City Council of the City of Redondo Beach
Case Number: 22TRCP00203
F.6. 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:
New Commune DTLA, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, et al.
Case Number: 23STCP00426
F.7. 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:
Jiro Koyanagi v. City of Redondo Beach; County of Los Angeles; State of California; Jeremy C. Casner; Joshua R. Casner and DOES 1 through 50, Inclusive Case Number: 23STRCV01318
F.8. 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:
Johnnie Diaz v. Redondo Beach Police Department, et al.
Case Number: 23STCV09499
G. RECONVENE TO OPEN SESSION – 6:22 p.m.
H. ROLL CALL
Councilmembers Present: Behrendt, Kaluderovic, Loewenstein, Obagi, Mayor Pro Tem Nehrenheim
Councilmembers Absent: Mayor Brand
Officials Present: Mike Witzansky, City Manager
Michael Webb, City Attorney
Eleanor Manzano, City Clerk
I. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Pro Tem Nehrenheim announced Mayor Brand was present for the entire Closed Session.
City Manager Witzansky announced that Police Chief Hoffman joined Closed Session for Item No. F.2.; Community Development Director Brandy Forbes joined Closed Session for Item No. F.3. and reported that
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for Items No. F.7. and F.8., City Council voted, unanimously, to authorize the City Attorney to defend the City in the listed cases.
J. ADJOURN TO REGULAR MEETING
City Council concurred to adjourn the Closed Session at 6:23 p.m. to an Open Session Regular Meeting. 6:00 PM - OPEN SESSION - REGULAR MEETING
A. CALL TO ORDER
A Regular Meeting of the Redondo Beach City Council was called to order by Mayor Pro Tem Nehrenheim at 6:23 p.m. in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Loewenstein, Kaluderovic, Obagi, Behrendt, Mayor Pro Tem Nehrenheim
Councilmembers Absent: Mayor Brand
Officials Present: Mike Witzansky, City Manager
Michael Webb, City Attorney
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.
D. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS
D.1. COMMENDATION TO BEACON LIGHT MISSION DIRECTOR LAURA LEMP FOR GOING ABOVE
AND BEYOND IN ASSISTING A PERSON WITH DEVELOPMENTAL DISABILITY EXPERIENCING
HOMELESSNESS
D.2. COMMENDATION TO SOCIAL SECURITY ADMINISTRATION VULNERABLE POPULATION
TECHNICAL EXPERT JUAN MARTINEZ FOR GOING ABOVE AND BEYOND IN ASSISTING A
PERSON WITH DEVELOPMENTAL DISABILITY EXPERIENCING HOMELESSNESS D.3. COMMENDATION TO REDONDO BEACH HOMELESS HOUSING NAVIGATOR LILA OMURA
FOR GOING ABOVE AND BEYOND IN ASSISTING A PERSON WITH DEVELOPMENTAL
DISABILITY EXPERIENCING HOMELESSNESS
City Attorney Webb called on LAPD Lead Officer Ray Solorzano, Director of Beacon Light Mission Laura Lemp, Juan Martinez, Social Security, Vulnerable Population Technical Expert and Housing Navigator Lila Omura and shared the story of Steven, a homeless gentleman suffering from mental illness and the efforts of the listed individuals in helping him and presented them with proclamations in acknowledgement of and appreciation for their service.
LAPD Lead Officer Ray Solorzano, Director of Beacon Light Mission Laura Lemp and Social Security, Vulnerable Population Technical Expert Juan Martinez expressed their appreciation for the proclamation.
Councilmember Loewenstein announced the District 2 community meeting will be held on May 23rd, 6:00
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p.m. via Zoom.
Councilmember Kaluderovic reported the Metro survey regarding the transportation corridor along Redondo Beach Boulevard and Ripley has been extended through the end of May.
Councilmember Obagi announced a call for muralists; thanked Public Works and Cal Waters for repainting several fire hydrants in his district; spoke about Mental Health Awareness month and encouraged those struggling to seek help.
Mayor Pro Tem Nehrenheim announced the District 1 community meeting on May 20th ana 9:30 a.m. at Alta Vista; spoke about Memorial Day events at Veterans Park and encouraged residents to apply to commissions and committees.
Councilmember Obagi congratulated the RBFD for their work on Fire Service Weekend and the RBPD for completing the Police Unity Tour.
E. APPROVE ORDER OF AGENDA
City Manager Witzansky asked to move Items No. N.2. and M.1. before Item No. L.1.
Councilmember Obagi requested moving Item No. N.1. to the end of the agenda.
Motion by Councilmember Obagi, seconded by Councilmember Loewenstein, to approve the agenda, as amended, moving Items No. N.2. and M.1. before Item No. L.1. and Item No. N.1. to the end of the agenda.
There being no objections, Mayor Pro Tem Nehrenheim so ordered.
F. AGENCY RECESS - None
G. BLUE FOLDER ITEMS – ADDITIONAL BACK UP MATERIALS
G.1. For Blue Folder Documents Approved at the City Council Meeting City Clerk Manzano reported one Blue Folder Item was received under Public Participation for Non-Agenda Items.
Motion by Councilmember Obagi, seconded by Councilmember Kaluderovic, to receive and file Blue Folder Items. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
H. CONSENT CALENDAR
H.1. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR AND REGULAR MEETING OF MAY 16, 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 THE FOLLOWING CITY COUNCIL MINUTES:
A. APRIL 4, 2023 REGULAR MEETING
B. APRIL 11, 2023 ADJOURNED & REGULAR MEETING
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CONTACT: ELEANOR MANZANO, CITY CLERK
H.4. PAYROLL DEMANDS
CHECKS 28954-28980 IN THE AMOUNT OF $25,480.64, PD. 4/28/23 DIRECT DEPOSIT 262513-263073 IN THE AMOUNT OF $1,966,913.40, PD. 4/28/23 EFT/ACH $386,014.13, PD. 4/5/23 (PP2307)
EFT/ACH $8,623.16, PD. 4/14/23 (PP2308)
EFT/ACH $382,054.38, PD. 4/24/23 (PP2308)
EFT/ACH $8,498.12, PD. 4/28/23 (PP2309)
EFT/ACH $384,722.37, PD. 5/2/23 (PP2309)
ACCOUNTS PAYABLE DEMANDS
CHECKS 108581-108814 IN THE AMOUNT OF $2,492,544.61
REPLACEMENT DEMANDS 108578-108580
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
H.5. APPROVE CONTRACTS UNDER $35,000:
1. APPROVE AN AMENDMENT TO THE AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR THE BEACH CITIES TRANSIT SERVICES STUDY TO EXTEND THE TERM TO DECEMBER 31, 2023.
2. APPROVE THE CONSENT TO ASSIGNMENT OF ENTERPRISE SOFTWARE AGREEMENT WITH ARCHIVESOCIAL, INC. TO CIVICPLUS, LLC FOR ARCHIVING THE CITY'S SOCIAL MEDIA ACCOUNTS AND THE LETTER OF RENEWAL EXTENDING THE AGREEMENT TO JUNE 30, 2024.
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
H.6. EXCUSE ABSENCES FOR COMMISSIONERS FROM VARIOUS COMMISSION MEETINGS CONTACT: ELEANOR MANZANO, CITY CLERK
H.7. This Item was pulled by Councilmember Loewenstein for separate discussion.
H.8. APPROVE THE CITY ENGINEER’S REPORT FOR THE 2023-2024 FISCAL YEAR STREET
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT ADOPT BY TITLE ONLY RESOLUTION NO. CC-2305-044, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER AN ASSESSMENT
FOR THE MAINTENANCE AND IMPROVEMENTS OF CERTAIN STREET LIGHTING FIXTURES,
APPURTENANCES AND LANDSCAPED AREAS FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024, AND SETTING A TIME AND PLACE FOR THE PUBLIC PROTEST HEARING SET JUNE 6, 2023, AS THE DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER THE PROPOSED 2023-2024 FISCAL YEAR STREET LANDSCAPING AND LIGHTING
DISTRICT ASSESSMENT
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.9. APPROVE AN AMENDMENT TO THE AGREEMENT WITH WALLACE & ASSOCIATES CONSULTING, LLC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE PORTOFINO WAY SEWER PUMP STATION PROJECT & YACHT CLUB WAY SEWER PUMP STATION PROJECT, JOB NOS. 50210 & 50260 FOR AN ADDITIONAL AMOUNT OF $714,302
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AND FOR ADDITIONAL INSPECTION SERVICES FOR THE ALTA VISTA SEWER PUMP STATION PROJECT, JOB NO. 50300
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.10. APPROVE AN AMENDMENT TO THE AGREEMENT WITH PARKING CONCEPTS, INC. DBA TRANSPORTATION CONCEPTS FOR A TWO-YEAR TERM THROUGH JUNE 30, 2025, AND A FISCAL YEAR 2023-24 AMOUNT OF $3,233,392.46, FOR THE OPERATIONS AND
MAINTENANCE OF THE BEACH CITIES TRANSIT AND WAVE DIAL-A-RIDE SYSTEM CONTACT: CAMERON HARDING, COMMUNITY SERVICES DIRECTOR
H.11. This Item was pulled by Councilmember Loewenstein for separate discussion.
H.12. APPROVE AN AMENDMENT TO THE AGREEMENT WITH CREATIVE BUS SALES, INC. TO PURCHASE 5 CLASS H LOW FLOOR BUS ELDORADO NATIONAL PASSPORT EZ RIDER BRT II 32’ BUSES, UNDER THE FEDERALLY APPROVED COOPERATIVE PURCHASE AGREEMENT
WITH THE CALIFORNIA ASSOCIATION FOR COORDINATED TRANSPORTATION/MORONGO
BASIN TRANSIT AUTHORITY VEHICLE PURCHASING COOPERATIVE FOR AN INCREASED PURCHASE AMOUNT OF $304,931.10
CONTACT: CAMERON HARDING, COMMUNITY SERVICES DIRECTOR
H.13. ADOPT BY TITLE ONLY, RESOLUTION NO CC-2305-046, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DECLARING ITS INTENTION TO
RENEW THE REDONDO BEACH TOURISM MARKETING DISTRICT (RBTMD) AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF; SET JUNE 20, 2023 AT 6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING TO GATHER TESTIMONY ON RENEWING THE RBTMD AND LEVYING THE ASSESSMENTS; AND SET JULY 18, 2023 AT 6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING TO RENEW THE
RBTMD AND THE LEVY OF ASSESSMENTS
CONTACT: GREG KAPOVICH, WATERFRONT AND ECONOMIC DEVELOPMENT DIRECTOR H.14. ADOPT BY TITLE ONLY RESOLUTION NO. CC-2305-047, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING THE OFFICIAL BOOK
OF CLASS SPECIFICATIONS FOR THE POSITION OF POLICE CAPTAIN ADOPT BY TITLE ONLY RESOLUTION NO. CC-2305-048, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, AMENDING THE OFFICIAL BOOK OF CLASS
SPECIFICATIONS FOR THE POSITION OF POLICE LIEUTENANT
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2305-049, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING THE OFFICIAL BOOK
OF CLASS SPECIFICATIONS FOR THE POSITION OF COMMUNICATIONS SUPERVISOR CONTACT: JOE HOFFMAN, CHIEF OF POLICE
H.15. APPROVE AN AGREEMENT WITH MCMURRAY STERN FOR THE PURCHASE AND
INSTALLATION OF NEW POLICE DEPARTMENT EVIDENCE LOCKERS IN THE AMOUNT OF $43,936.88, USING ASSET FORFEITURE FUNDS
CONTACT: JOE HOFFMAN, CHIEF OF POLICE
H.16. This Item was pulled by Councilmember Obagi for separate discussion.
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H.17. ADOPT BY TITLE ONLY RESOLUTION NO. CC-2305-050, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA AMENDING A POLICY CONTAINED IN RESOLUTION NUMBER CC-0102-013 REGARDING THE INSPECTION AND
COPYING OF PUBLIC RECORDS
CONTACT: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
Councilmember Loewenstein pulled Items No. H.7. and H.11. from the Consent Calendar for separate consideration.
Councilmember Obagi pulled Item No. H.16. for separate discussion.
City Clerk Manzano reported one eComment was received in support of Item No. H.12.
There were no other public comments on this item.
Motion by Councilmember Loewenstein, seconded by Councilmember Obagi, to approve the Consent Calendar except for Items No. H.7., H.11. and H.16., which were pulled for separate discussion. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Clerk Manzano read titles to Resolutions No. CC-2305-044, CC-2305-046, CC-2305-047, CC-2305-048, CC-2305-049 and CC-2305-050.
I. EXCLUDED CONSENT CALENDAR ITEMS
H.7. CITY TREASURER’S QUARTER 3 FISCAL YEAR 2022-23 REPORT CONTACT: EUGENE SOLOMON, CITY TREASURER
Councilmember Loewenstein thanked City Treasurer Solomon for distributing monthly investment reports and in response to his questions, City Treasurer Solomon addressed how increases in interest rates have impacted the City’s portfolio noting there have been dramatic improvements in the City’s rate of return relative to interest income and the book value of the City’s portfolio.
There were no public comments on this item.
Motion by Councilmember Loewenstein, seconded by Councilmember Obagi, to approve Item No. H.7. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
H.11. ADOPT BY TITLE ONLY, RESOLUTION NO. CC-2305-045, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, APPROVING THE REDONDO
BEACH - BEACH CITIES TRANSIT ZERO EMISSION ROLLOUT PLAN CONTACT: CAMERON HARDING, COMMUNITY SERVICES DIRECTOR
Councilmember Loewenstein mentioned a lack of infrastructure for charging electric vehicles; spoke about a company (Endera) that supplies infrastructure for free with the purchase of an electric bus; addressed costs of electric shuttle buses and the CALACT program and hoped the City would explore expediting the possibility of leasing or purchasing one vehicle in the next year or two.
Transit Operations and Transportation Facilities Manager Joyce Rooney provided a brief update in terms of the purpose of this item; noted the City is in the process of completing a transit study and confirmed the City currently does not have the infrastructure to support electric shuttles.
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Councilmember Loewenstein reported that the company supplies the infrastructure for free and all the City has to do with the purchase of a vehicle is to supply electricity.
Councilmember Obagi spoke about ridership and the possibility of using smaller buses, tailored towards uses in the community, and stated he would like to see installation of solar panels at the Transit Center.
Transit Operations and Transportation Facilities Manager Joyce Rooney reported the results of the study will be presented to City Council at an upcoming Council meeting.
There were no public comments on this item.
Motion by Councilmember Obagi, seconded by Councilmember Loewenstein, to approve Item No. H.11.
There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Clerk Manzano read title to Resolution No. CC-2305-045.
H.16. APPROVE AN AMENDMENT TO THE AGREEMENT WITH PAYBYPHONE TECHNOLOGIES, INC.
TO INCREASE THE PER TRANSACTION COST FROM $0.18 TO $0.25 CENTS FOR MOBILE
PARKING APPLICATION PAYMENTS AT NO COST TO THE CITY FOR THE EXISTING TERM THROUGH OCTOBER 18, 2026
CONTACT: JOE HOFFMAN, CHIEF OF POLICE
Councilmember Obagi asked that PaybyPhone Technologies clearly communicate specific transaction costs to consumers.
RBPD Chief Hoffman reported the information is included within the application.
There were no public comments on this item.
Motion by Councilmember Obagi, seconded by Councilmember Kaluderovic, to approve Item No. H.16. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
J. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
J.1. For eComments and Emails Received from the Public
Mayor Pro Tem Nehrenheim opened Public Participation on Non-Agenda Items.
Pete Tucker, President, Redondo Beach Employee Association (RBCEA), spoke about challenges within the various City bargaining groups related to the lack of salary increases since 2007; discussed the Bureau of Labor Statistics average inflation rate; noted that wages have not kept up with inflation; reported Redondo Beach averages 28% below the wages of two Manhattan Beach and Beverly Hills and asked City Council to prioritize raising employee salaries and compensation to be comparable with adjoining cities.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Kaluderovic, to receive and file Pete Tucker’s document submission. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Sara Martin, District 1, spoke about a gap between desired public policy, defined direction to staff, timely follow-up and well-founded staff reporting; addressed issues not returning to City Council within the desired timeframe, issues not being addressed by staff in the manner directed by City Council and issues with meeting minutes not reflecting Council actions and discussed the lack of action related to seniors and frustration regarding the sailing program.
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Motion by Councilmember Kaluderovic, seconded by Councilmember Obagi, to receive and file Sara Martin’s document submission. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Holly Osborne, District 5, discussed RHNA; addressed comparisons between Redondo Beach and Manhattan Beach; stressed the need to get the zoning initiative on the ballot and encouraged residents to sign up for www.ourneighborhoodvoices.com.
Lina Carrillo, President, Redondo Beach Professional Supervisory Association (PSA), spoke about services provided by PSA City employees; noted they are being paid, on average, 10% less than their counterparts in nearby cities; discussed a lack of qualified candidates to fill vacant positions because of low compensation and urged City Council to address the issue, now and direct the City Manager to begin employee negotiations with the miscellaneous working groups and implement salary increases as soon as possible.
Ron Maroko thanked Public Works for reinstalling one of the City’s history markers; reported he resigned from the History Commission; spoke about history projects that still need to be done including some that are fully funded and addressed items to be discussed at the next Charter Advisory Committee meeting.
Alan Kleinbaum spoke about noise related to the Beach Life Festival and suggested setting limits in terms of allowable noise volumes.
Joan Irvine, District 1, spoke about the Fourth of July Fireworks show at Avenue I; reported producers are working with the RBPD to have a family section at the event; announced the passing of a long-term volunteer, Lauren Phillips; noted this year’s event will be dedicated to her memory and requested a memorial bench on the Esplanade, in her honor.
Tanya B., District 5, via Zoom, requested litigation information regarding Municipal Code 4-24.512; announced a violation on April 30th and stated she was informed by the RBPD that are ceasing enforcement.
Kyle Johnson, District 1, via Zoom, spoke in favor of increasing density in Redondo Beach; encouraged Council to work with developers and property owners to increase the supply of housing and to rezone the City to include different types of housing, including multi-family housing.
There were no other public comments and Mayor Pro Tem Nehrenheim closed this portion of the meeting.
City Council considered Item No. N.2. at this point in the meeting.
K. EX PARTE COMMUNICATIONS
Councilmember Loewenstein reported speaking with staff and the public regarding the FY 2023-2025 proposed budget and capital improvement program.
Councilmember Kaluderovic reported speaking with staff regarding this item.
Councilmember Obagi reported speaking with staff and Councilmember Behrendt.
Councilmember Behrendt reported speaking with staff.
Mayor Pro Tem Nehrenheim reported speaking with staff, the public and Mayor Brand.
L. PUBLIC HEARINGS
L.1. PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2023-2024 PROPOSED BUDGET AND
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
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PROCEDURES:
a. Open the Public Hearing.
b. Take testimony; and
c. Continue the Public Hearing to May 30, 2023
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
Motion by Councilmember Loewenstein, seconded by Councilmember Kaluderovic, to open the public hearing. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Manager Witzansky introduced the item, noted tonight will be an opportunity for staff to present a high level overview and share the meeting calendar for considering the budget and adoption of the budget. He thanked Finance Director Collazo for her work as well as Luke Smude, Elizabeth House and department staff.
City Manager Witzansky narrated a PowerPoint presentation with details of the proposed FY 2023-24 budget, the capital improvement program and the budget review and adoption calendar.
Councilmember Obagi spoke about addressing the concerns of employee bargaining groups.
City Manager Witzansky reported on the recommended $1.8 million set aside in structural expenditures to support potential employee wage and benefit increases and stated that investment is critical to the City’s longterm operation if it wants to attract good employees. He added that how Council chooses to spend that money will be the subject of labor negotiations.
Councilmember Obagi spoke about the importance of salary and also the importance of providing employees with the resources to do their jobs.
Councilmember Loewenstein asked about capturing increases in interest rates and impacts to the City’s investment portfolio and City Manager Witzansky reported the budget includes a $1.2 million projection for investment earnings; discussed bond rates and spoke about inclusion of residential rehabilitation in the Capital Budget Summary relative to designing, allocations in the CIP and putting $2 million into the Pension Reserve Fund.
Discussion followed regarding setting money aside for open space acquisition, the major facilities reconstruction fund and the parking structure.
City Clerk Manzano reported a document submission by Sara Martin.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to receive and file Sara Martin’s document submission. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
There were no other public comments on this item.
Motion by Councilmember Loewenstein, seconded by Councilmember Kaluderovic, to continue the public hearing to May 30, 2023. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Council considered Item No. N.1. at this point in the meeting.
M. ITEMS CONTINUED FROM PREVIOUS AGENDAS
M.1. DISCUSSION AND POSSIBLE ACTION REGARDING SAFETY MEASURES FOR BIKES AND
PEDESTRIANS AT THE PIER
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CONTACT: GREG KAPOVICH, WATERFRONT AND ECONOMIC DEVELOPMENT DIRECTOR Waterfront and Economic Development Director Kapovich introduced Senior Management Analyst Dave Charobee and deferred to him for a presentation.
Councilmember Obagi returned to the meeting.
Senior Management Analyst Dave Charobee narrated a PowerPoint presentation with details of safety measures for bikes and pedestrians at the pier; addressed review of the matter by the Harbor Commission and their recommendations; discussed feedback from the local bicycling community; noted areas where conflicts may occur and listed staff recommendations.
Mayor Pro Tem Nehrenheim agreed with the Harbor Commission relative to lifting prohibitions on the north side and keeping them in place on the south side; commented on cleaning up signage and suggested setting up temporary chicanes in the area for Memorial Day weekend.
Public Works Director Samaan spoke about identifying five chicane locations and asked for Council direction as to which locations Council would prefer.
Councilmember Loewenstein expressed concerns about people going to and from the bathrooms; suggested placing chicanes going north and south to the restrooms and agreed with Mayor Pro Tem Nehrenheim’s comments.
In reply to Councilmember Behrendt’s questions, Senior Management Analyst Dave Charobee reported on the enforceability of the “Yield to pedestrians” signs.
RBPD Chief Hoffman stated they would not be enforceable, as it is not a road way and would not constitute a violation of the Vehicle Code but felt the yield signs would be beneficial; noted the number of related citations issued over the past 12 months and agreed with staff’s recommendations.
Discussion followed regarding the rationale for some of the Harbor Commission’s recommendations and the possibility of installing speed bumps on bike paths.
Mayor Pro Tem Nehrenheim spoke about adding a temporary chicane to the north of the restrooms, one on the bike path, near the showers and one on the walk path to the east.
Public Works Director Samaan noted staff will need to explore placing chicanes on the bike path and on the walk path.
Kyle Johnson, District 1, via Zoom, spoke in support of the Harbor Commission recommendations and against adding physical barriers; felt the City should encourage high-quality bike infrastructure other than installing hostile architecture and suggested installing bike counters for data collection.
City Clerk Manzano reported receiving 3 eComments in support of the item.
There were no more public comments on this item.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Loewenstein, to accept the Harbor Commission’s recommendations on lifting prohibitions on the north side 24/7, having the prohibitions stay in place on the south side, cleaning up signage, as per staff’s recommendations, install chicanes on the south side, including the areas to the east; install temporary chicanes in time for Memorial Day weekend and direct staff to return with an ordinance in July. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Council considered Item No. K. and L.1. at this point of the meeting.
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N. ITEMS FOR DISCUSSION PRIOR TO ACTION
N.1. DISCUSSION AND POSSIBLE ACTION ON THE CITY’S STRATEGIC PLAN APPROVE THE
TWELVE-MONTH STRATEGIC PLAN OBJECTIVES
CONTACT: MIKE WITZANSKY, CITY MANAGER
City Manager Witzansky discussed the City’s Strategic Plan; noted this item is not time sensitive; summarized the number of objectives in the proposed program and asked for Council’s input.
Mayor Pro Tem Nehrenheim asked for a six-month status update.
Councilmember Obagi spoke about the objectives related to a City parks assessment; indicated he will support Councilmember Kaluderovic regarding the matter; reported speaking with a Parks Commissioner to visit parks and document things that need to be fixed; suggested having a discussion on parks assessments before doing an assessment of every park in the City and expressed concerns with placing a drain on staff resources.
Councilmember Kaluderovic stated her intention was not to do a conditions assessment of City parks, but to consider a Park Master Plan for best uses and the possibility of using school facilities.
City Manager Witzansky commented on the City’s parks system and how draining it is on staff resources; spoke about the difficulty in maintaining the volume of play structures in the community and felt Redondo Beach has more play structures, per capita, than any other South Bay community.
Discussion followed regarding having a best uses, holistic discussion, the possibility of using some school properties to expand facilities and continuing this discussion.
There were no public comments on this item.
Motion by Councilmember Obagi, seconded by Mayor Pro Tem Nehrenheim, to continue this item to May 30, 2023, as amended to include items discussed above. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
N.2. DISCUSSION AND POSSIBLE ACTION ON THE PROPOSED CANNABIS LICENSING
APPLICATION PROCESS AND ASSOCIATED COST RECOVERY FEES
CONTACT: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
Community Development Director Forbes narrated a PowerPoint presentation with details of the proposed cannabis licensing application process and associated cost recover fees and listed items for discussion and possible action.
Ajay Kolluri, HdL Consultant, introduced himself and offered to respond to City Council questions.
Mayor Pro Tem Nehrenheim spoke about the thorough report and screening the applicants; discussed the neighborhood compatibility portion of the report and suggested including additional months of operating costs and having a revocable bond.
In reply to Councilmember Loewenstein’s questions about not requiring someone to have a property; Community Development Director Forbes explained the limitation was not requiring an applicant to go through a Conditional Use Permit (CUP) and stated it will not be required as part of the application process and discussed a letter of intent. Additionally, she reported Conditional Use Permits run with a property; noted the
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need for an applicant to go through the CUP process upon moving to another site and spoke about the Steering Committee’s involvement and recognition of the collective bargaining rights of employees.
Consultant Kolluri added that recognition of the collective bargaining rights of employees is a State requirement.
Councilmember Loewenstein reference shenanigans in various cities related to cannabis licensing and noted the importance of avoiding any impropriety in terms of voting and influence among elected City officials.
Mayor Pro Tem Nehrenheim read the proposed Integrity Guidelines.
Councilmember Obagi spoke about including residents in limitations relative to applicants gaining favor/influence.
Consultant Kolluri reported the intent is to focus on Phases 2 through 4 related to the evaluation and scoring of the application; confirmed their interaction with cannabis businesses and stated they do not share information regarding this application process.
Councilmember Obagi asserted applicants should be required to have leases or an interest in property before applying for a cannabis license.
Consultant Kolluri added that the requirement is for an applicant to gain property owner authorization and stated the entire process is at the discretion of City Council.
In reply to Councilmember Obagi’s question, City Attorney Webb reported he has not been asked to review the guidelines.
Councilmember Obagi expressed concerns about Integrity Guideline No. 5 and stated he would like input from the City Attorney before approving the process.
Mayor Pro Tem Nehrenheim commented on the differences between alcohol licensing and cannabis licensing and suggested limiting letters of intent (LOI) to three per site.
Consultant Kolluri noted cities can adjust the number of LOIs that can be issued, per property; pointed out the much of the scoring criteria considers location and stated the risk of the application process is partly a function of the number of applications the City receives.
Councilmember Kaluderovic commented on barriers to entry; noted there are very few locations to consider; spoke about limiting the number of applicants when requiring a minimum of three years of industry experience; mentioned community benefits and investment plan and noted that requirement is not requested of any other business in the City.
Mayor Pro Tem Nehrenheim explained the experience requirement, noting it avoids having “fly-by-night” operations.
Consultant Kolluri explained the purpose of the section requiring applicants to state their intentions in how they plan to reinvest into the community.
Councilmember Behrendt spoke about insulating the City from litigation and liability that may result from the process and in response to his question, Consultant Kolluri listed steps taken to ensure the integrity of the process including application reviews; commented on exploring ways to minimize risks and challenges by public lottery or merit-based application reviews and recommended a hybrid process starting with a meritbased application review, conducting interviews and granting the review panel the discretionary, decisionmaking authority through the interview process. Additionally, he reported working with their in-house attorneys
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and City Attorneys and, at Councilmember Behrendt’s request, promised to provide a sample of guidelines for a public lottery system; spoke about the interview phase being a subjective part of the process, within guardrails; addressed lawsuits and appeals and relative to lawsuits, noted most legal challenges are related to the City not following the application process as written, as once the procedures are adopted, they have to be followed.
Councilmember Behrendt suggested having the City Attorney review the proposed processes and procedures to minimize chances of litigation.
Councilmember Obagi asked staff to explore whether the City would be able to shift the cost of any litigation onto license awardees.
City Attorney Webb suggested that Council give an indication as to how much it wants to prioritize the quality of the owner versus the quality of the site, noting that presently, the scoring system is heavy towards the quality of the site.
Councilmember Obagi preferred to keep the heavy emphasis on the quality of the site and noted the owners will need to meet the regular standards and requirements of operating in the City.
Discussion followed regarding the importance of both the quality of the site and the owners and transferring licenses from owner to owner.
Councilmembers Loewenstein and Kaluderovic believed the site and the owner should be equally weighted.
Councilmember Behrendt and Mayor Pro Tem Nehrenheim felt the site is more important than the quality of the owner.
Community Development Director Forbes noted that transference of licensees would be done at City Council’s discretion.
Discussion followed regarding the various points under Qualification of Owners, Neighborhood Compatibility Plan (site) and Community Benefits and Investments Plan.
City Attorney Webb offered to return with a point system reflecting Council’s comments.
Councilmember Obagi proposed that Qualification of Owners be increased to 600 points and the Community Benefits and Investments Plan be reduced to 200 points.
Councilmember Kaluderovic asked for options for Council to consider.
Mayor Pro Tem Nehrenheim invited public comments.
Joan Irvine stated her opposition to requiring an applicant to have a property secured before applying for a license; spoke about big operators in the business working around procedures and knowing the recommendations of HdL; discussed community benefits, noting it sounds like extortion; believed Council is setting requirements of the cannabis industry that are not made of other industries and indicated that unless there are changes around the location and around community benefits in relation to youth safety, she cannot support approval of the proposed process.
Mayor Pro Tem Nehrenheim noted it is not Council’s intention to require a financial contribution in terms of community benefits and stated that in terms of alcohol licenses, the ABC requires participation in alcohol education.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Loewenstein, to receive and file
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Jonatan Cvetko document submission. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Jonatan Cvetko asked why the subcommittee’s recommendations are not included in the agenda packet; felt Council has wasted time discussing property requirements and referenced the ordinance noting selection of a property shall have no bearing to their selection.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to extend Jonatan Cvetko speaking time. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Jonatan Cvetko opposed the requirement for community benefits; mentioned a requirement for a County Health permit and recommended having public, community conversations and spoke about allowing delivery services within the City and collecting taxes on the service.
In reply to Mayor Pro Tem Nehrenheim’s comments, Jonatan Cvetko discussed taxes on cannabis businesses; noted he is in the industry and has one cannabis license and stated he would consider applying for a license in Redondo Beach.
Sara Armstrong, Outreach Chair, Americans for Safe Access, via Zoom, an advocacy organization for medical cannabis patients, noted that Redondo Beach will be the only access to patients to clean, licensed products in the South Bay; congratulated Council on its efforts noting they are nothing less than historic and deeply compassionate; hoped Council will consider expanding the program to include additional retailers; offered to respond to questions from Council and stated she does not plan on applying for a license as they are a nonprofit, advocacy organization.
Melissa Dechandt, District 1, via Zoom, expressed concerns that there has not been a continuation discussions by the Cannabis Steering Committee; spoke about the need for transparent, community workshops; addressed studies indicating the dangers of cannabis use and urged City Council to get input from Public Health and the community.
Courtney Caron, Cannabis Attorney, via Zoom, spoke about the merit-based process and instances where individuals apply for licenses, then do nothing towards opening a store and encouraged the City to add to the vetting process, a thorough investigation into what outstanding licenses are held by a retailer and the length of time they have held such a license before opening a store. Additionally, she suggested that the City require property for applicants to apply; spoke about requiring banking; hoped to apply for a license in the City; confirmed she is not being paid to comment; stated she has applied for licenses for out-of-state cannabis companies and commented on requirements in other states.
City Clerk Manzano reported receiving four eComments, one in support of the item and three in opposition.
There were no other public comments on this item.
Mayor Pro Tem Nehrenheim agreed with requiring a bank account.
Councilmember Obagi asked about bifurcating the selection of an operator from the selection of a site and suggested allowing an applicant 90 days to secure a site.
Discussion followed regarding reviewing student walking paths and requiring a more discrete method of advertising.
In response to questions from Councilmember Behrendt, Consultant Kolluri, confirmed the final selection of applicants is at Council’s discretion and addressed Council’s involvement in the interview process and Phase 4 and recommended seriously considering staff’s recommendations and final ranking of applicants.
Discussion followed regarding developing an application fee and costs related to applying for a license, having
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an applicant submit a development agreement until after receipt of a license, the possibility of needing to change the ordinance and separating the application process from the development agreement process.
Councilmember Kaluderovic requested clarification regarding having three years of operation experience.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to continue the item with the following amendments, to direct the City Attorney to review the process, to consider indemnifying the City by the eventual winners, to provide different options for the weighing of the point system relative to the site, to reduce the weighing of community benefits and analyze a way to screen the community benefits, to give the City the option of revoking the license if requirements are not met in a timely manner, to address enforceability, to provide options regarding the length of time for meeting requirements, to include a requirement for a revocable bond and to inquire about other licenses the applicant may hold and for how long. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
RECESS/RECONENE
Mayor Pro Tem Nehrenheim called for a recess at 9:39 p.m. The meeting was reconvened at 9:45 p.m., with all Councilmembers present, except Councilmember Obagi.
ROLL CALL
Councilmembers Present: Loewenstein, Kaluderovic, Behrendt, Mayor Pro Tem Nehrenheim Councilmembers Absent: Obagi, Mayor Brand
Council considered Item No. M.1. at this point in the meeting.
O. CITY MANAGER ITEMS
City Manager Witzansky introduced the City’s new Information Technology Director Michael Cook.
Information Technology Director greeted Council and stated he is eager to begin working for the City.
P. MAYOR AND COUNCIL ITEMS
Q. MAYOR AND COUNCIL REFERRALS TO STAFF
Councilmember Loewenstein commented on a median on Diamond and bike path changes that are occurring in the City. He stated he will speak, off line, with the City Manager regarding the matter. Additionally, he asked to consider providing a bus service for residents to the upcoming Metro Green Line meeting in June.
Councilmember Obagi requested a BRR on getting blue check marks on the City’s social media pages and replacing City Council badges with something smaller.
Mayor Pro Tem Nehrenheim requested adjourning the next City Council meeting in memory of District 1 resident, Lauren Phillips.
R. RECESS TO CLOSED SESSION - None
R.1. 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 APN’s:
7503-013-016
7503-003-901
7503-003-900
7503-013-017
7503-003-012
7503-008-901
7503-008-902
7503-033-903
7503-029-900
7503-029-902
7505-002-932
7505-002-914
7505-002-908
7505-002-904
7505-002-913
And other portions of the Redondo Beach waterfront, Seaside Lagoon, Redondo Beach and Fisherman’s Wharf piers not specifically identified by LA County APN’s.
NEGOTIATING PARTIES:
Private leaseholders
UNDER NEGOTIATION & REVIEW:
Existing lease terms and current lease negotiation status R.2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED POTENTIAL LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(2).
Two potential cases
R.3. 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:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal. Case Number: 2:23-bk-10918-ER
R.4. 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:
City of Redondo Beach, et al. v. California State Water Resources Control Board Case Number: 20STCP03193
R.5. 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:
New Commune DTLA, LLC and Leonid Pustilnikov v. City of Redondo Beach and City Council of the City of Redondo Beach
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Case Number: 22TRCP00203
R.6. 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:
New Commune DTLA, LLC v. City of Redondo Beach; City Council of the City of Redondo Beach; City of Redondo Beach Department of Community Development, et al.
Case Number: 23STCP00426
R.7. 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:
Jiro Koyanagi v. City of Redondo Beach; County of Los Angeles; State of California; Jeremy C. Casner; Joshua R. Casner and DOES 1 through 50, Inclusive Case Number: 23STRCV01318
R.8. 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:
Johnnie Diaz v. Redondo Beach Police Department, et al.
Case Number: 23STCV09499
S. ADJOURNMENT: 10:52pm
There being no further business to come before the City Council, motion by Councilmember Loewenstein, seconded by Councilmember Obagi, to adjourn the meeting at 10:52p.m., 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, May 30, 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,
Eleanor Manzano, City Clerk