MINUTES - CITY COUNCIL
Tuesday, April 18, 2023
Minutes
Redondo Beach City Council
Tuesday, April 18, 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 4:31 p.m. in the City Hall Council Chamber, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Loewenstein, Kaluderovic, Obagi (remotely), Behrendt, Mayor Pro Tem Nehrenheim
Councilmembers Absent: Mayor Brand
Officials Present: Michael Webb, City Attorney
Mike Witzansky, City Manager
Vickie Kroneberger, Chief Deputy City Clerk
C. SALUTE TO THE FLAG AND INVOCATION - None
D. BLUE FOLDER ITEMS – ADDITIONAL BACK UP MATERIALS - None E. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEMS AND NON-AGENDA ITEMS - None 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:
Chief Deputy City Clerk Vickie Kroneberger announced items to be discussed in Closed Session.
Motion by Councilmember Loewenstein, seconded by Councilmember Kaluderovic, to recess to Closed Session at 4:32 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, Outside Leasing Agent Brian Campbell, Community Development Director Brandy Forbes and Diana Varat and Outside Legal Counsel Lisa Bond. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
F.1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR -The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
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Pier Plaza
115 W. Torrance Blvd #200, Redondo Beach, CA 90277
(a portion of APN: 7505-002-908)
NEGOTIATING PARTY:
Holiday Carpet & Flooring - Dan Aikens
UNDER NEGOTIATION:
Both Price and Terms
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
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
Pier Plaza
105 W. Torrance Blvd #100, Redondo Beach, CA 90277
(a portion of APN: 7505-002-908)
NEGOTIATING PARTY:
Dr. Piero Quinci Orthodontics
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 Director 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 REAL PROPERTY NEGOTIATOR - The closed session is authorized by the Government Code Section 54956.8
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
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Tuesday, April 18, 2023
102-164 International Boardwalk
Redondo Beach Basin III Marina
(Portion of 7503-02-932)
NEGOTIATING PARTY:
Craig Stanton, Property Manager
Redondo Beach Marina
UNDER NEGOTIATION:
Both Price and Terms
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:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal.
Case Number: 2:23-bk-10918-ER
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:
City of Redondo Beach, et al. v. California State Water Resources Control Board Case Number: 20STCP03193
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:
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.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:
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.9. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED POTENTIAL LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(2).
One potential case
G. RECONVENE TO OPEN SESSION
H. ROLL CALL
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Tuesday, April 18, 2023
Councilmembers Present: Loewenstein, Kaluderovic, Obagi (remotely), Behrendt, Mayor Pro Tem Nehrenheim
Councilmembers Absent: Mayor Brand
Officials Present: Eleanor Manzano, City Clerk
Mike Witzansky, City Manager
Michael Webb, City Attorney
I. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Manager Witzansky reported there were no reportable actions taken during Closed Session.
Councilmember Obagi stated he participated in the last two items on the Closed Session agenda during the Closed Session.
Mayor Pro Tem Nehrenheim reported that Mayor Brand was present during the Closed Session.
J. ADJOURN TO REGULAR MEETING
City Council concurred to adjourn the Closed Session at 6:21 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 6:21 p.m. in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
B. ROLL CALL
Councilmembers Present: Loewenstein, Kaluderovic, Obagi (remotely), 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. PROCLAMATION OF APRIL 23-29, 2023 AS NATIONAL LIBRARY WEEK Mayor Pro Tem Nehrenheim presented a Proclamation declaring April 23-29, 2023 as National Library Week to the Library Director, Member of the Library Commission and Members of the Friends of the Redondo Beach Library.
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Councilmember Loewenstein reported the District 3 community meeting will be held on April 24, 2023 at 6:30 p.m., on Zoom and spoke about the South Bay Community Coalition Against Hate stated they have an event on Thursday, April 20, 2023, 6:30 p.m. at O’Donnell Hall at American Martyrs Church in Manhattan Beach.
Councilmember Kaluderovic thanked City Librarians; announced the District 2 community meeting will be held on April 22, 2023, on Zoom, at 9:30 a.m.
Councilmember Obagi thanked Library staff; thanked dispatchers in the RBPD and RBFD; noted it is Dispatchers Appreciation Week; thanked Public Works Director Semaan for installing a stop sign in the district and announced the District 4 community meeting on April 26, 2023, at 6:30 p.m., on Zoom.
Councilmember Behrendt announced the District 5 community meeting will be held on April 19, 2023, at 6:00 p.m. at the Redondo Beach Performing Arts Center.
Mayor Pro Tem Nehrenheim announced an online community meeting on April 26, 2023, at 6:30 p.m., on Zoom; thanked Public Works for repaving Avenue I and reported looking forward to replacing outdoor dining on two parkettes.
E. APPROVE ORDER OF AGENDA
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to approve the agenda, as amended, moving Items No. N.1., N.6. and P.1. earlier on 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 listed items included in Blue Folder Items including public communications for Item No.
J.1., N.5., a copy of the Legal Services Agreement for N.6. and public communications for Items No. P.1., N.2.
Motion by Obagi, seconded by Councilmember Loewenstein, 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 APRIL 18, 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. This item was pulled by Councilmember Kaluderovic for separate consideration.
H.4. PAYROLL DEMANDS
CHECKS 28923-28952 IN THE AMOUNT OF $31,544.55, PD. 4/14/23
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DIRECT DEPOSIT 261947-262512 IN THE AMOUNT OF $1,995,315.59, PD. 4/14/23 REPLACEMENT DEMAND 261946
ACCOUNTS PAYABLE DEMANDS
CHECKS 108140-108382 IN THE AMOUNT OF $2,446,275.91
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
H.5. APPROVE CONTRACTS UNDER $35,000:
1. APPROVE A SECOND AMENDMENT TO THE AGREEMENT WITH SYNCROMATICS
CORPORATION TO PROVIDE ANNUNCIATOR SYSTEM AND REAL-TIME INFORMATION SERVICES FOR BEACH CITIES TRANSIT FOR AN ADDITIONAL AMOUNT OF $14,010 FOR THE EXISTING TERM THROUGH JUNE 16, 2024.
2. APPROVE AN AGREEMENT WITH CHERYL STECHER FOR CONSULTING SERVICES FOR
DEVELOPING THE NATIONAL TRANSIT DATABASE (NTD) SAMPLING PLAN AND RELATED WORK IN AN AMOUNT NOT TO EXCEED $10,000 FOR THE TERM APRIL 19, 2023 TO DECEMBER 31, 2023.
3. APPROVE A LETTER OF AGENCY VOIP SERVICE WITH RINGCENTRAL FOR THE
TRANSFER OF CURRENT CITY OF REDONDO BEACH PHONE NUMBERS AND PHONE
SERVICES AND THE TRANSFER OF BILLING INFORMATION AND CUSTOMER SERVICE RECORDS TO RINGCENTRAL AND ITS SUPPORTING NETWORK PROVIDERS.
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
H.6. EXCUSE ABSENCES FROM VARIOUS COMMISSION AND COMMITTEE MEETINGS CONTACT: ELEANOR MANZANO, CITY CLERK
H.7. APPROVE THE SECOND AMENDMENT TO THE AGREEMENT WITH GEOSYNTEC
CONSULTANTS, INC FOR PROJECT PLANNING, DESIGN, AND CONSTRUCTION SUPPORT SERVICES FOR THE FULTON PLAYFIELD MULTI-BENEFIT INFILTRATION PROJECT, JOB NO. 60280 FOR AN AMOUNT NOT TO EXCEED $437,900 AND THE TERM APRIL 18, 2023 THROUGH APRIL 18, 2028
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.8. ADOPT BY 4/5THS VOTE AND TITLE ONLY RESOLUTION NO. CC-2304-038, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AUTHORIZING A FISCAL YEAR 2022-2023 BUDGET MODIFICATION TO APPROPRIATE NINE HUNDRED AND FIFTEEN THOUSAND DOLLARS ($915,000) TO THE PORTOFINO WAY SEWER PUMP STATION PROJECT, JOB NO 50210 AND SEVEN HUNDRED THOUSAND DOLLARS ($700,000) TO THE YACHT CLUB WAY SEWER PUMP STATION PROJECT, JOB NO 50260, FOR A TOTAL OF ONE MILLION AND SIX HUNDRED FIFTEEN THOUSAND DOLLARS ($1,615,000) FROM THE CITY
WASTEWATER FUND, AND
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2304-039, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AWARDING A CONTRACT TO MEHTA MECHANICAL COMPANY, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $7,514,000 FOR THE CONSTRUCTION OF THE PORTOFINO WAY SEWER PUMP STATION PROJECT AND YACHT CLUB WAY SEWER PUMP STATION PROJECT, JOB NOS. 50210 AND 50260
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CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.9. APPROVE AN AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, CHTD TO EVALUATE THE CITY’S STREET NETWORK, UPDATE THE PAVEMENT CONDITION INDEX FOR EACH STREET IN THE CITY’S PAVEMENT MANAGEMENT SYSTEM, AND PROVIDE A THREE-YEAR
RESIDENTIAL STREET REHABILITAITON WORK PLAN FOR AN AMOUNT NOT-TO-EXCEED $243,000 FOR THE TERM APRIL 18, 2023 TO JUNE 30, 2026
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.10. AUTHORIZE STAFF TO APPLY FOR AN ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT THROUGH THE US DEPARTMENT OF ENERGY IN THE AMOUNT OF $127,820 AND TO
USE THE GRANT FUNDS TO REPLACE SEVEN OUTDATED HEATING, VENTILATION AND AIR
CONDITIONING UNITS AT CITY HALL AND THE POLICE STATION
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.11. AUTHORIZE THE PURCHASE AND INSTALLATION OF NEW CONDENSER COILS FROM ACCO
ENGINEERED SERVICES FOR THE HVAC CHILLER UNIT THAT SERVES THE POLICE STATION FOR A COST OF $59,950
CONTACT: TED SEMAAN, PUBLIC WORKS DIRECTOR
H.12. APPROVE A LICENSE AGREEMENT WITH THE FRIENDS OF REDONDO BEACH ARTS FOR USE OF THE HISTORIC LIBRARY IN VETERANS PARK FOR THE CA 101 2023 ART EXHIBITION CONTACT: ELIZABETH HAUSE, ASSISTANT TO THE CITY MANAGER H.13. ADOPT BY 4/5THS VOTE AND BY TITLE ONLY RESOLUTION NO. CC-2304-040 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AUTHORIZING A 2022-2023 FISCAL YEAR BUDGET MODIFICATION TO APPROPRIATE $243,944.88 IN AVAILABLE FEDERAL TRANSIT ADMINISTRATION 5307 FUNDS TO THE OTHER GOVERNMENTAL GRANTS FUND AND $60,986.22 IN AVAILABLE PROPOSITION A LOCAL
RETURN TRANSPORTATION FUNDS TO THE TRANSIT FUND
CONTACT: CAMERON HARDING, COMMUNITY SERVICES DEPARTMENT DIRECTOR
WENDY COLLAZO, FINANCE DEPARTMENT DIRECTOR
H.14. APPROVE A SIXTH AMENDMENT TO THE AGREEMENT WITH LANCE, SOLL AND LUNGHARD, LLP FOR AUDITING SERVICES IN THE AMOUNT OF $71,751 EXTENDING THE TERM TO JUNE 30, 2024
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
Councilmember Kaluderovic pulled Item No. H.3. for separate consideration.
There were no public comments on the Consent Calendar.
Motion by Obagi, seconded by Councilmember Loewenstein, to approve the Consent Calendar, as presented, except for Item No. H.3., which was pulled for separate consideration. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Clerk Manzano read title to Resolutions No. CC-2304-038, CC-2304-039 and CC-2304-040.
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I. EXCLUDED CONSENT CALENDAR ITEMS
H.3. APPROVE THE FOLLOWING CITY COUNCIL MINUTES:
A. DECEMBER 20, 2022 ADJOURNED & REGULAR MEETING
B. JANUARY 3, 2023 ADJOURNED & REGULAR MEETING
C. JANUARY 17, 2023 SPECIAL MEETING
D. JANUARY 17, 2023 ADJOURNED & REGULAR MEETING
CONTACT: ELEANOR MANZANO, CITY CLERK
City Clerk Manzano reported receiving one eComment for Item No. H.3.
There were no other public comments on this item.
Motion by Obagi, seconded by Councilmember Loewenstein, to approve Item No. H.3., as presented. The motion passed with Councilmembers Behrendt and Kaluderovic abstaining.
J. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
J.1. For eComments and Emails Received from the Public
Sue Brilliant, District 5, volunteer for the BCHD, spoke about April 16 through April 22 being National Volunteer Appreciation Week; reported that May is Mental Health Awareness Month and discussed programs at the BCHD and discussed her participation in the recent Power of Purpose Workshop and Fair by BCHD.
Sheila Garcia expressed concerns with the City approving to fly the Pride Flag during Pride Month; opined the City opened the door for any organization (secular or religious) wanting to fly their flag; referenced a case, Shirtless versus Boston, where the City of Boston denied a request to fly the Christian Flag and urged the City not to marginalize or discriminate against others.
Niki Negrete Mitchell, District 3, shared her corporate/professional background; spoke about her work regarding the Metro Green Line; urged Council to ask clarifying questions; discussed the need for correct information and addressed someone from Redondo Beach spreading disinformation and connectivity relative to upcoming Olympics events.
Ron Maroko encouraged Councilmember Behrendt to visit the museum and called on elected officials and the public to participate in the City’s upcoming birthday celebration on April 29th from 10:00 a.m. to 3:00 p.m. at Dominguez Park.
Holly Osborne, District 5, via Zoom, spoke about efforts by Our Neighborhood Voices to return local control to cities; listed benefits of having local control; announced the organization’s kick off meeting is on April 27th at 6:30 p.m., via Zoom and encouraged residents to tune in.
City Clerk Manzano reported receiving one eComment on this item.
There were no other public comments and Mayor Pro Tem Nehrenheim closed this portion of the meeting.
K. EX PARTE COMMUNICATIONS - None
L. PUBLIC HEARINGS - None
M. ITEMS CONTINUED FROM PREVIOUS AGENDAS - None
N. ITEMS FOR DISCUSSION PRIOR TO ACTION
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N.1. DISCUSSION AND POSSIBLE ACTION PERTAINING TO REVISIONS TO RESOLUTION NO. CC2204-022, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,
CALIFORNIA, ESTABLISHING A CHARTER REVIEW ADVISORY COMMITTEE Mayor Pro Tem Nehrenheim stated this item is an amendment to Resolution No. CC-2204-022 created in May 2022.
City Attorney Webb referenced a previous amendment; reported this amendment is required in order for the Charter Review Advisory Committee to continue their work to give them direction to investigate moral turpitude, clarify the definition of residency, look at expanding the minimum required residency to run from 30 days to one year and consider removing the School Board from the Charter. He discussed exploring the Long Beach model; stated if City Council wants to include that, add or remove anything else, this is its opportunity to amend the resolution. Additionally, he reported that the Member from District 5 and the Alternate wish to switch roles; stated that under the City Council resolution, there is no way to do that; spoke about a Member being removed if they miss two or more consecutive meetings without being excused or without cause, they can be removed by 4/5ths of the Council.
Mayor Pro Tem Nehrenheim reported he does not feel too much detail should be included in the resolution; spoke about the Charter Review Advisory Committee looking at the different city models for City Attorney; and addressed other administrative business.
City Manager Witzansky noted that the administrative business has been cleared; reported there are no outstanding public works or procurement limitation concerns in the Charter and stated no additions are needed.
Discussion followed regarding putting a clause in the Charter regarding the Committee’s ability to switch roles from Member to Alternate and vice versa.
Councilmember Obagi stated he agreed with analyzing the proposal submitted by Councilmember Behrendt regarding an elected City Attorney and an elected City Prosecutor and asked that when the Charter Review Advisory Committee review all options and return to Council with any proposal for a change in the City Attorney, that they suggest it for the 2026 election to take effect in April, 2029.
Mayor Pro Tem Nehrenheim spoke about empowering and allowing the Committee to do their work with all of the tools they need and return to City Council with recommendations.
Councilmember Loewenstein summarized Councilmember Behrendt’s proposal to review the Long Beach model; agreed with Councilmember Obagi regarding considering the changes to the City Attorney position for the 2026 election and taking effect in 2029; spoke about the vacancy left by new City Treasurer Solomon and invited School Board and Charter Review Advisory Committee Chair Strutzenberg to the podium.
City Clerk Manzano reported that the 2024 election will be on November 5th; noted that since it is a Presidential election, the County certification will more-than-likely not be received within one month (December 5th) and stated nominations would have already started November 11th and would close on December 6th, so a candidate would have little time to declare to run.
Rolf Strutzenberg, School Board Member and Chair of the Charter Review Advisory Committee stated that as a School Board Member, he requested that the matter of removing the School Board from the City Charter be placed on a future agenda to get input from the current School Board and incorporate it into the Charter Review Advisory Committee discussions.
City Attorney Webb reported the School Board had asked the County to remove them from the June election and suggested City Council could either amend the Charter to remove the School Board or change the date
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of the election.
In reply to Councilmember Loewenstein’s question about changing term limits, City Attorney Webb acknowledged that terms limits can be extended/removed/changed; spoke about removing voter control over the School Board.
Mr. Strutzenberg stated that Education Code allows term limits to be removed from the School Board but needs to be decided by a vote of the people.
In response to Councilmember Behrendt’s question regarding the Committee Member and Alternate, City Attorney Webb explained the issue of switching from a Member to an Alternate, as the Member will be unable to attend meetings on a regular basis and offered to bring the item back to Council at its May 2nd meeting.
Mayor Pro Tem Nehrenheim invited public comments.
Andy Lesser spoke about some changes being good and others opening unintended consequences; felt that if something is not broken, it does not need to be fixed and that the City Attorney should not be changes to an appointed position; discussed the Long Beach model; noted that everything works well, now and reported an increase in graffiti.
Ron Maroko, Charter Review Advisory Committee Member (CRAC), stated he would like the Committee’s business to be done in a timely manner; encouraged Council not to include language about timing; urged Council to speak with CRAC Member Wonderli before taking action regarding Members and Alternates and invited Councilmember Loewenstein to the next CRAC meeting to share his thoughts on the matter.
Georgette Gantner, District 3, indicated she would like to participate in the CRAC.
Rolf Strutzenberg felt the swap between Member and Alternate is straight forward; spoke about the assignments given by Council and urged Council to give the Committee a target date to report back to Council.
Mayor Pro Tem Nehrenheim commented on Council’s ability to call a special election, if necessary, and on qualifications for the City Clerk, City Manager and City Treasurer.
There were no other public comments on this item.
Councilmember Obagi provided information regarding the City’s Graffiti Hotline and stated it would be unlawful for a City Council to retaliate against a City Attorney for giving legal advice.
Motion by Councilmember Obagi, seconded by Councilmember Loewenstein, to amend Resolution No. CC2204-022 to call for the Charter Review Advisory Committee to return to City Council with recommendations by November 2023, that City Council would place any changes to the City Attorney position, if approved, would be placed on the ballot in 2026 with an effective date on April 1, 2029, that any discussion regarding Members and Alternates return for consideration on May 2, 2023 and include review of the Long Beach model. The motion passed; Nehrenheim dissenting.
City Council skipped to Item No. N.6. at this time.
N.2. DISCUSSION AND POSSIBLE ACTION REGARDING THE FISCAL YEAR 2022-23 MIDYEAR
BUDGET REVIEW
RECEIVE AND FILE THE FY 2022-23 MIDYEAR BUDGET REPORT
ADOPT BY 4/5THS VOTE AND BY TITLE ONLY RESOLUTION NO. CC-2304-041, A RESOLUTION
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OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, MODIFYING THE BUDGET FOR FISCAL YEAR 2022-23
CONTACT: WENDY COLLAZO, FINANCE DIRECTOR
City Manager Witzansky introduced the item; addressed delays due to Gatsby 87; narrated a PowerPoint presentation; discussed challenges and opportunities, core infrastructure concerns, demand for technology and innovation, capital funding needs, a General Fund revenue summary and adjustments, expenditure adjustments and deferred to Finance Director Wendy Collazo for further reporting.
Discussion followed regarding shifts to streaming services, migration away from cable, increases in utility costs, TOT, Civic Center improvements, lengthening out the time relative to the vehicle replacement/maintenance fund.
Mayor Pro Tem Nehrenheim invited public comments.
City Treasurer Eugene Solomon thanked the Finance Team for their work on this item; encouraged Councilmembers to start working on their budget priorities and spoke about changes to the manufacturing and sales of vehicles.
Mayor Pro Tem Nehrenheim spoke about reviewing the budgets of other cities.
Finance Director Collazo spoke about respecting the process, transparency and learning what is right for the community.
Councilmember Obagi commented on the humility of City Treasurer Solomon.
There were no other public comments on this item.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Loewenstein, to RECEIVE AND FILE THE FY 2022-23 MIDYEAR BUDGET REPORT and ADOPT BY 4/5THS VOTE AND BY TITLE ONLY RESOLUTION NO. CC-2304-041, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, MODIFYING THE BUDGET FOR FISCAL YEAR 2022-23. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
City Clerk Manzano read title to Resolution No. CC-2304-041.
N.3. DISCUSSION AND POSSIBLE ACTION ON A STRATEGIC PLAN OBJECTIVE TO REPORT ON
THE STATUS OF HOMELESS SERVICES, METRICS AND A DEDICATED MENTAL HEALTH
CLINICIAN
CONTACT: MICHAEL W. WEBB, CITY ATTORNEY
City Attorney Webb introduced the item and Quality of Life Prosecutor Joy Ford and Housing Navigator Lila Omura and Ramon Rendon, Harbor Interfaith Services and deferred to them for a presentation.
Ramon Rendon, Harbor Interfaith Services, spoke about Redondo Beach being a good model program for what other cities should do to help their homeless community; discussed Homeless Court, the Redondo Beach Pallet Shelter and noted everyone works together to get people housed.
Discussion followed regarding improvements by Leadership Redondo, other planned improvements, access to the Transit Center and availability of permanent supportive housing.
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Quality of Life Prosecutor Ford narrated a PowerPoint presentation regarding the status of Homeless Services and Metrics.
City Manager Webb spoke about challenges regarding the dedicated Mental Health Clinician; discussed practices in and working with surrounding cities; addressed the status of the issue; noted the importance of the City to have its own Mental Health Clinician; commented on exploring funding through Homeless Court and the possibility of SBCOG helping with funding and talked about a possible addition to the City’s No Camping Ordinance.
Housing Navigator Lila Omura commented on the need for increased mental health services for the homeless and discussed the need for a dedicated Mental Health Clinician in the City.
Ronson Chu, SBCOG, commented favorably the City’s reduction of homelessness by 44%; congratulated the City and Council for the success of its homelessness program; noted the City has been a model for other cities to follow; spoke about the increasing number of evictions per month in the area; shared efforts towards reducing homelessness by SBCOG and reported most people requesting housing have Redondo Beach ties and are housed outside of the City.
Discussion followed regarding the number of people living at the Pallet Shelter, whether there is a maximum number of pallet shelters that are allowed in a community, opportunities to graduate people into permanent supportive housing, the number of existing unhoused people in the City, availability of sources of funding and RBPD’s contract with a psychiatrist who specializes in mental health services.
Mayor Pro Tem Nehrenheim reported he is the President of the Independent Cities Association; addressed the availability of Local Solutions Grants from the County to delivery mental health services directly to cities and spoke about partnering with the County.
Motion by Councilmember Loewenstein, seconded by Councilmember Obagi, to finish this item and continue Items No. N.4., N.5. and N.7. to the next regular City Council meeting. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Councilmember Loewenstein commented favorably about the work related to this matter and agreed regarding the need for a Mental Health Clinician; spoke about efforts to work with the County to resolve homelessness; discussed sharing the position with Hermosa Beach and Manhattan Beach and addressed contracting with a dedicated Mental Health Clinician as soon as possible.
City Attorney Webb stated that will help his department look at all of the options; spoke about an upcoming meeting with the County and noted the need for a dedicated Mental Health Clinician.
Ronson Chu, SBCOG, reported that the City of Torrance is looking for a dedicated Mental Health Clinician and are having to face challenges and noted there is a shortage of Mental Health Clinicians and those that are available are demanding high fees.
Discussion followed regarding whether the Mental Health Clinician will be able to respond to other mental health crises in the City and the need to address this issue as soon as possible.
Mayor Pro Tem Nehrenheim invited public comments.
Erick Baer, District 1, spoke about needing a Mental Health Clinician, on call, 24/7 and discussed the possibility of expanding the Pallet Shelter.
Marc Stratton, District 1, discussed the City’s No Camping Ordinance; referenced Martin versus Boise; noted it should not be punitive but rather proactive for the cities; addressed Homelessness Programs implemented by the City and spoke about the need for increased enforcement.
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There were no other public comments on this item.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Obagi, to receive and file the report, direct the City Attorney to explore factual places to expand the No Camping Ordinance, outside the Coastal Zone, around the Project Home Key site and go forward with options for hiring a Mental Health Clinician and return to City Council by the 3rd meeting in July. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
N.4. DISCUSSION AND POSSIBLE ACTION REGARDING SAFETY MEASURES FOR BIKES AND
PEDESTRIANS AT THE PIER
CONTACT: GREG KAPOVICH, WATERFRONT & ECONOMIC DEVELOPMENT DIRECTOR This Item was continued to the next regular City Council meeting.
N.5. DISCUSSION AND POSSIBLE ACTION ON PROGRAMS AND GRANT FUNDING AVAILABLE TO
SUPPORT THE EXPANSION OF ELECTRIC VEHICLE CHARGERS IN COMMERCIAL
CORRIDORS
CONTACT: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
This Item was continued to the next regular City Council meeting.
N.6. APPROVE THE LEGAL SERVICES AGREEMENT WITH COLANTUONO, HIGHSMITH & WHATLEY, PC FOR LEGAL SERVICES AND ADD THIS FIRM TO THE CITY ATTORNEY’S
APPROVED LAW FIRM LIST
CONTACT: MICHAEL W. WEBB, CITY ATTORNEY
Mayor Pro Tem Nehrenheim summarized the item.
City Attorney Webb reported the City Clerk intends to oppose any recommendation that removes the choice of an elected City Attorney being appointed; spoke about preparing and defending an impartial analysis.
Mayor Pro Tem Nehrenheim commented on the item and opined this is not needed now and could wait to be considered in the future; reported speaking with Mr. Colantuono as well as various City Attorneys and reiterated this matter does not need to be addressed until 2026.
Councilmember Obagi spoke about the steps necessary to bring the matter up before City Council in the future and suggested approving the item now and not having it returned to Council for consideration.
Councilmember Kaluderovic questioned whether Mr. Colantuono will hold the prices quoted.
Councilmember Behrendt discussed the Legal Services Agreement; stated he understood Mr. Colantuono would do the work at a discounted rate and noted the contract is not in Mr. Colantuono’s name, but rather of his law firm.
City Manager Witzansky reported he spoke with him, and he will be doing the work.
City Attorney Webb confirmed he approved the agreement, as to form and stated Mr. Colantuono will mostly work remotely.
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Mayor Pro Tem Nehrenheim invited public comments.
Rolf Strutzenberg, CRAC Chair, pointed out there is no sunset date in the agreement and City Attorney Webb stated the services provided will be limited.
Ron Maroko, CRAC Member, reported the Committee is ready in terms of having an appointed City Attorney, I’m the lone person who dissented against having the position appointed and encouraged City Council to hire the attorney so that the Committee may move forward with its work.
Kevin King, Student, Redondo Beach Union High School, reported he is working on an AP government project and requested Council sign a form confirming his attendance.
There were no other public comments on this item.
Motion by Councilmember Obagi, seconded by Councilmember Loewenstein, to APPROVE THE LEGAL
SERVICES AGREEMENT WITH COLANTUONO, HIGHSMITH & WHATLEY, PC FOR LEGAL SERVICES AND ADD THIS FIRM TO THE CITY ATTORNEY’S APPROVED LAW FIRM LIST and direct staff to modify the agreement to list Mr. Colantuono and not his firm. The motion passed; Kaluderovic dissenting.
City Council skipped to Item No. P.1. at this time.
N.7. DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE ENHANCEMENTS TO THE CITY’S SUNSHINE POLICIES
CONTACT: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
This Item was continued to the next regular City Council meeting.
O. CITY MANAGER ITEMS
City Manager Witzansky announced a Special meeting of the City Council will be held April 25, 2023 at 2:00 p.m. for a Strategic Planning Session in the Library.
P. MAYOR AND COUNCIL ITEMS
P.1. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED PROCESS TO DESIGN
AND FABRICATE A PRIDE FLAG FOR REDONDO BEACH
CONTACT: CAMERON HARDING, COMMUNITY SERVICES DIRECTOR
Cultural Arts Manager Gary Margolis narrated a PowerPoint presentation regarding the proposed process to design and fabricate a Pride Flag for Redondo Beach.
Mayor Pro Tem Nehrenheim shared comments from U.S. Supreme Court Justices regarding the Pride Flag; spoke about the need for inclusivity; discussed the five values; expressed support for a community competition and noted the Public Arts Commission will make the final decision on the winner of the design competition.
Councilmember Obagi commented favorably on the work, so far; acknowledged best flag designs do not include words but suggested including the words, “Redondo Beach”; referenced and explained the Supreme Court case and distinguished between “private speech” and “government speech”.
Discussion followed regarding opening the competition to current and former Redondo Beach residents.
Councilmember Kaluderovic spoke about existing Pride Flags and felt that by creating its own flag, the City is
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misrepresenting the intention; suggested engaging students to promote the City’s raising of the Pride Flag and recommended using the Daniel Quasar 2018 Pride Flag (Progress Flag).
Councilmember Behrendt spoke about including the five values; expressed concerns regarding legal implications and suggested getting a legal analysis from the City Attorney to avoid litigation.
City Attorney Webb spoke about “private speech” versus “government speech” and the Supreme Court Case; noted the City has no existing flag policy; suggested that Council direct the City Attorney to return to Council with a flag policy and agreed with having the Public Arts Commission pick a winner but recommended that City Council provide final approval.
Councilmember Loewenstein referenced emails he received from the public; reported there are concerns about hosting a competition related to this and invited Mr. Svetko to the podium.
Jonatan Cvetko thanked Council for addressing this matter; stated the LGBTQ community has suffered a lot and has developed its own flag; asked that it be represented; suggested consider more-permanent installations; felt there has been no meaningful engagement with this Council; commented on the JudeoChristian Ten Commandments that have been placed in the City’s courtyard; noted this is not simply flying a flag and felt the City should make a better effort at ensuring everyone is included and represented.
Councilmember Loewenstein liked the idea but was concerned; felt that it is rushed; stated he does not want to offend the people seeking support and suggested considering a more permanent installation.
Mayor Pro Tem Nehrenheim felt this issue should not be politicized, but rather should be a fun, inclusive community activity and commented on the importance of making the five values, the City’s own version of that.
Councilmember Kaluderovic listed current inclusive celebrations in the City; noted the five values of Pride, Equality, Unity, Love and Healing should not come from the City as the City is not part of the LGBTQ community; spoke about the flag they have chosen to represent them and suggested the competition could be for a more permanent installation.
Councilmember Obagi felt that, come June 8, 2023, the City will have every option of design, at its disposal, including the Progress Flag; spoke about an email he received from a high school student who wants to get involved.
Motion by Mayor Pro Tem Nehrenheim, seconded by Councilmember Loewenstein, to receive and file a copy of the letter referenced by Councilmember Obagi. There being no objections, Mayor Pro Tem Nehrenheim so ordered.
Councilmember Kaluderovic urged Council not to recreate a symbol that has been thoughtfully planned and reiterated her suggestion to hold a competition relative to a more permanent installation.
Mayor Pro Tem Nehrenheim invited public comment on this item.
Sheila Garcia, on behalf of parents in her group; stated another flag is not needed but rather the City needs an educated citizenry; opined the contest sounds unlawful and unconstitutional; suggested that Council encourage the promotion of America; felt there was no public forum to debate this matter; wondered about rushing this item and believed this matter will divide the community further.
Carissa Gallardo thanked the City for adopting the Pride Flag resolution; noted the flag represents what the people and Council want and felt flying the flag shows the City supports human rights.
Mark Stratton, District 1, referenced recent actions related to Anheuser Busch; opposed the item and urged
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Council to protect the City’s reputation.
Georgette Gantner, District 2, believed that whatever flag is chosen should be one that is already established, showing sensitivity to the LGBTQ community; suggested that if the City were to use the Los Angeles Pride Flag, it should obtain information regarding its legality; commented on the importance of representing the LBGTQ community and noted the Public Arts Commission is an advisory body and that the matter should be left up to City Council to decide.
Nancy Skiba, District 4, via Zoom, felt it would be a good idea to have a Redondo Beach flag, welcoming everyone and listing the five values. She added that flying the Pride Flag would be divisive and give preferential display to a special interest group.
Candice Nafissi, District 3, via Zoom, expressed support for an inclusive flag that promotes everything Redondo Beach represents; opposed a flying a separate flag under the American Flag; requested that Council consider a contest for a flag that represents Redondo Beach and spoke about the need to be equitable.
There were no other public comments.
Motion by Councilmember Obagi, seconded by Mayor Pro Tem Nehrenheim, to approve the PROPOSED PROCESS TO DESIGN AND FABRICATE A PRIDE FLAG FOR REDONDO BEACH including the words, “Redondo Beach”; direct staff to return to City Council with a duplication of San Jose’s flag policy in May; have the City Attorney review the item, as appropriate and address having a “resident driven” or “City driven” policy and direct the Public Arts Commission to advise Council on options to consider (including the Progress Flag) and return to Council for final approval.
Councilmember Kaluderovic felt that if the contest involves designing a flag for Redondo Beach, it should be considered separately, for April, in honor of the City’s birthday.
City Manager Witzansky stated the Public Arts Commission would develop an artistic RFQ that could include submissions from students.
Substitute motion by Councilmember Lowenstein, seconded by Councilmember Kaluderovic, to fly the Progress Flag in recognition of Pride Month 2023, to refer to the Public Arts Commission consideration of a contest for students and other Redondo Beach residents, with design parameters, to submit works of art honoring the community by City Council’s July meeting and use the model to consider a permanent installation.
Councilmember Behrendt suggested a friendly amendment to the motion to include a review of the item by the City Attorney. The amendment was accepted by the Maker of the motion and the Seconder.
City Attorney Webb suggested that Council direct the City Manager to return with a flag policy for City Council to consider.
Amended substitute motion by Councilmember Lowenstein, seconded by Councilmember Kaluderovic, to fly the Progress Flag in recognition of Pride Month (June 2023), to refer to the Public Arts Commission consideration of a contest for an art exhibit for students and other Redondo Beach residents, with design parameters, to submit works of art honoring the community by City Council’s July meeting and use the model to consider a permanent installation, to include a review of the item by the City Attorney and direct the City Manager to return to Council with a flag policy.
Motion carried 3-2, with the following roll call vote:
AYES: Behrendt, Kaluderovic, Loewenstein
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NOES: Obagi, Mayor Pro Tem Nehrenheim
ABSENT: None
ABSTAIN: None
City Council returned to consider Item No. N.2. and followed the rest of the agenda, as presented.
Q. MAYOR AND COUNCIL REFERRALS TO STAFF
Councilmember Loewenstein requested a status update on break wall repairs and dredging in the Harbor and Civic Center improvements.
Councilmember Obagi spoke about getting an understanding of the available parking at the New Transit Center.
Mayor Pro Tem Nehrenheim asked to place information regarding City’s birthday party on the City website.
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
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
Pier Plaza
115 W. Torrance Blvd #200, Redondo Beach, CA 90277
(a portion of APN: 7505-002-908)
NEGOTIATING PARTY:
Holiday Carpet & Flooring - Dan Aikens
UNDER NEGOTIATION:
Both Price and Terms
R.2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR -The Closed Session is authorized by the Government Code Section 54956.8.
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
Pier Plaza
105 W. Torrance Blvd #100, Redondo Beach, CA 90277
(a portion of APN: 7505-002-908)
NEGOTIATING PARTY:
Dr. Piero Quinci Orthodontics
UNDER NEGOTIATION:
Both Price and Terms
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R.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 Director PROPERTY:
555 North Harbor Drive
(Portion of 7503-029-903)
NEGOTIATING PARTY:
Kevin Ketchum
Port Royal Marina
UNDER NEGOTIATION:
Both Price and Terms
R.4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - The closed session is authorized by the Government Code Section 54956.8
AGENCY NEGOTIATOR:
Mike Witzansky, City Manager
Greg Kapovich, Waterfront & Economic Development Director PROPERTY:
102-164 International Boardwalk
Redondo Beach Basin III Marina
(Portion of 7503-02-932)
NEGOTIATING PARTY:
Craig Stanton, Property Manager
Redondo Beach Marina
UNDER NEGOTIATION:
Both Price and Terms
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:
In re 9300 Wilshire LLC
Bankruptcy C.D. Cal. Case Number: 2:23-bk-10918-ER
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:
City of Redondo Beach, et al. v. California State Water Resources Control Board Case Number: 20STCP03193
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).
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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
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:
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.9. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED POTENTIAL LITIGATION - The Closed Session is authorized by the attorney-client privilege, Government Code Section 54956.9(d)(2).
One potential case
S. RECONVENE TO OPEN SESSION – None
T. ADJOURNMENT: 11:09 p.m.
There being no further business to come before the City Council, motion by Councilmember Loewenstein, seconded by Councilmember Kaluderovic, to adjourn the meeting at 11:09 p.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 2, 2023, in the Redondo Beach City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California, in Memory of Alfredo Villa, father of City Employee Melissa Villa. 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