Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 01/08/2020 11:44 AM Sherri R. Carter, Executive Officer/Clerk of Court, by E. Gregg,Deputy Clerk
1 BETTY M. SHUMENER (Bar No. 137220)
HENRY H. OH (Bar No. 187127)
2 JOHN D. SPURLING (Bar No. 252324)
SHUMENER, ODSON & OH LLP
3 550 South Hope Street, Suite 1050
Los Angeles, CA 90071
4 Tel: 213.344.4200
Fax: 213.344.4190
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Attorneys for Petitioner and Plaintiff Redondo
6 Beach Waterfront, LLC
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8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF LOS ANGELES
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11 REDONDO BEACH WATERFRONT, CASE NO. 19STCV13547
LLC, a Delaware limited liability company,
12 [Assigned for All Purposes to Hon. Teresa
Plaintiff, Beaudet, Dept. 50]
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v. REQUEST FOR JUDICIAL NOTICE IN
14 SUPPORT OF PLAINTIFFS’ OPPOSITION
CITY OF REDONDO BEACH, and DOES TO THE CITY OF REDONDO BEACH’S
15 1 through 50, Inclusive, DEMURRER TO FIRST AMENDED
COMPLAINT
16 Defendants.
Date: January 22, 2020
17 Time: 8:30 a.m.
18 Reservation No. 921829305986
19 Action Filed: April 22, 2019
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S HUMENER , O DSON &
O H , LLP -1-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEMURRER TO COMPLAINT
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2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
3 PLEASE TAKE NOTICE that pursuant to Section 450 et seq. of the California Evidence
4 Code, Plaintiff Redondo Beach Waterfront, LLC (“RBW”) hereby requests that the Court take
5 judicial notice of the following documents:
6 1. A true and correct copy of a Voter Information Pamphlet provided by the City of
7 Redondo Beach (the “City”) is attached hereto as Exhibit 1.
8 2. A true and correct copy of the Judgment entered on May 7, 2018 in Redondo
9 Beach Waterfront, LLC v. City of Redondo Beach, LASC Case No. BS168564, is attached hereto
10 as Exhibit 2.
11 3. A true and correct copy of the Complaint (without attached Exhibits) filed in
12 Redondo Beach Waterfront, LLC v. City of Redondo Beach, LASC Case No. BC682833, dated
13 November 9, 2017, is attached hereto as Exhibit 3.
14 4. A true and correct copy of the July 24, 2018 Order in Redondo Beach Waterfront,
15 LLC v. City of Redondo Beach, LASC Case No. BC682833, is attached hereto as Exhibit 4.
16 5. A true and correct copy of the City’s Notice of Appeal in Redondo Beach
17 Waterfront, LLC v. City of Redondo Beach, LASC Case No. BC682833, dated August 14, 2018,
18 is attached hereto as Exhibit 5.
19 6. A true and correct copy of the June 7, 2019 Order in Redondo Beach Waterfront,
20 LLC v. City of Redondo Beach, LASC Case No. BC682833, is attached hereto as Exhibit 6.
21 7. A true and correct copy of the July 30, 2018 Judgment in Building a Better
22 Redondo v. City of Redondo Beach, LASC Case No. BS166124, is attached hereto as Exhibit 7.
23 8. A true and correct copy of RBW’s Notice of Appeal in Building a Better Redondo
24 v. City of Redondo Beach, LASC Case No. BS166124, is attached hereto as Exhibit 8.
25 RBW respectfully requests that the Court take judicial notice of Exhibit 1, pursuant to
26 section 452(c) of the Evidence Code. Kidd v. State, 62 Cal. App. 4th 386, 407, fn. 7 (1998)
27 (“[W]e take judicial notice of the ballot pamphlet for Proposition 209. (Evid.Code, § 452, subd.
28 (c).) The ballot pamphlet may properly be considered to show the intent of the voters in passing
S HUMENER , O DSON &
O H , LLP -2-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEMURRER TO COMPLAINT
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an initiative measure.”)
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RBW respectfully requests that the Court take judicial notice of Exhibits 2-8, pursuant to
3
section 452 (d) of the Evidence Code. Judicial notice of these Exhibits is appropriate because
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these documents are records of a court in this state. Cal. Evid. Code. § 452 (d) (“Judicial notice
5
may be taken of…[r]ecords of…any court of this state.”)
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SHUMENER, ODSON & OH LLP
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Dated: January 8, 2020 By
9 JOHN D. SPURLING
Attorneys for Plaintiff Redondo Beach
10 Waterfront, LLC
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S HUMENER , O DSON &
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEMURRER TO COMPLAINT
EXHIBIT 1
004
City of
Redondo
Beach
www.redondo.org
BT 88: CITY OF REDONDO BEACH, COUNCIL DISTRICT 1
REDONDO BEACH UNIFIED SCHOOL DISTRICT
Voter Information Pamphlet
GENERAL MUNICIPAL ELECTION
Consolidated with the
Los Angeles County Special Election
TUESDAY, MARCH 7, 2017
Candidate’s Statements and
Measure C Information
POLLS OPEN at 7 A.M. and CLOSE at 8 P.M.
Attention Voters:
This “Voter Information Pamphlet” is being mailed to you
separately, as its contents are too large to be included in the
Official Sample Ballot being sent to you by the Los Angeles
County Registrar-Record’s Office (LA County).
005
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“Voter Information Pamphlet” from the City of Redondo Beach includes:
Part A
• Voting Instructions
• City Sample Ballot
Part B
• Candidate’s Statements
Part C
• Measure C Text
• Analysis, Arguments, Rebuttals
The “Official Sample Ballot” from the County of Los Angeles Registrar-Recorder, includes:
• Vote by Mail Application
• Polling locations
Redondo Beach / 2
006
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FOREIGN LANGUAGE TRANSLATIONS AVAILABLE
Pursuant to federal law, voter information and sample ballots have also been
translated in the following language(s):
SPANISH:
Si usted desea recibir sin costo alguno una copia traducida de la boleta y de la boleta de muestra,
por favor sírvase llamar por teléfono a la Oficina del Actuario Municipal
al númerode teléfono que figura en la lista de la cubierta de atrás de este folleto.
If you would like a copy of the translated ballot and sample ballot, at no cost to you, please telephone:
The Office of the City Clerk at the phone number listed on the back of this pamphlet.
Voter Information Pamphlet
The following pages contain:
CANDIDATE STATEMENTS
Each Candidate’s Statement in this pamphlet is volunteered by the candidate. Although all
candidates had the opportunity to submit a statement, some candidates may not have submitted
a statement. A complete list of candidates appears on the Sample Ballot page of this pamphlet.
BALLOT MEASURES, ANALYSES, ARGUMENTS AND REBUTTALS
ANALYSES: The Impartial Analysis is an impartial summary of the results of the proposed measure
or proposition.
ARGUMENTS: Arguments and/or rebuttal arguments in support of or in opposition to the proposed
laws are the opinions of the authors and have not been checked for accuracy by any official agency.
Los Angeles County General Voter Information
To view your sample ballot, find your polling place, and/or
verify your voter registration status, go to:
http://www.lavote.net
Redondo Beach / 3
007
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Voting Instructions
How to vote at your polling place on Election Day
1 2
3 4
5 6
Redondo Beach / 4
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SAMPLE BALLOT
BT 88
PAGE
2 CITY
REDONDO BEACH CITY GENERAL MUNICIPAL ELECTION
Mayor MICHAEL IAN SACHS
Vote for One Retired Environmental Technician 28
CHRISTOPHER MOWATT
Senior Paralegal 29
STEVE ASPEL
Redondo Beach Mayor 30
ERIC J. COLEMAN
Teacher 31
BILL BRAND
Redondo Beach Councilmember 32
Member of the ROLF STRUTZENBERG
City Council, Retired 34
1st District MARTHA BARBEE
Vote for One Redondo Beach Councilwoman 35
NILS NEHRENHEIM
Businessman and Lifeguard 36
City Attorney
Vote for One
MICHAEL W. WEBB
Redondo Beach City Attorney 38
SCHOOL
REDONDO BEACH UNIFIED SCHOOL DISTRICT
Member of the
Board of Education
BRAD SERKIN
Incumbent 42
Vote for no more MATTHEW J. KILROY
than Three Retired RBUSD Teacher 43
MICHAEL CHRISTENSEN
Incumbent 44
BRAD WALLER
Incumbent 45
REDONDO BEACH CITY SPECIAL MUNICIPAL ELECTION
ShallRedondoBeach approveamendments to its Coastal
Land Use
C PlanImplementingOrdinance
(partially
adoptedin2010 in Measure 48 YES
G) to provideadditional
analytical
proceduresand additional
limits
49 NO
reducing the amount and type of development in the Coastal Commercial Zones and
the Parks, Recreation,
and Open Space Zone (Seaside Lagoon),
located in the Redondo Beach King
Harbor-Pier area?
PLEASE NOTE: The order in which candidates' names appear on the ballot is determined by a random
drawing of 26 letters of the alphabet.
END OF BALLOT
Redondo Beach / 88
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Cast Your Vote!
Redondo Beach / CYV
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FOR FOR
MAYOR MAYOR
STEVE ASPEL BILL BRAND
Age: 63 Occupation: Redondo Beach
Occupation: Redondo Beach Mayor Councilmember
I’m a 40 year resident, married to my I love our friendly beach town
best friend from High School, Pam. character. I first swam in the
Our daughters, Catie and Brett are Seaside Lagoon in 1966 as an 8
graduates of RUHS. Pam and I have volunteered for year-old boy. My community roots are deep, notably
many organizations including AYSO, Redondo Sunset fighting overdevelopment in Redondo Beach for the last
Softball, Girl Scouts, PTA, Rotary, RUHS and Chamber 15 years - eight as a Councilmember.
of Commerce.
Like you, I see the dramatic increase in traffic and
I’ve run a successful small business for 37 years, retiring in congestion from overdevelopment. Huge projects
2014. I have battled colo-rectal cancer and won. Because pushed by developers are spoiling our town and
of this and my family, my business, my volunteerism, I neighborhoods. The Waterfront mall, Galleria, Legado
can relate to the everyday trials that every citizen faces. and AES - all massive plans that will generate enormous
amounts of new traffic while depleting City services.
Our City is wonderful because of our citizens and I will
continue to work closely with you. I will continue to work As your next Mayor, I will fight to revitalize Redondo
closely with our schools. Public Safety is our #1 concern. Beach without overdeveloping it, improve public safety,
I am proud to say that I have the endorsements of our and eliminate government waste and cronyism that has
Redondo Beach Police and Fire Department. been fueled by big money developers for far too long.
The difficult tasks to accomplish require vision and
I have always believed that your quality of life begins on community consensus building that prioritizes the people
YOUR Street, in YOUR neighborhood and with YOUR who live in Redondo Beach.
family. I am always ready and willing to act on the issues
that matter to you because you have trusted me to be I’ve lived in the South Bay for 46 years – 24 in Redondo
your voice in City government. Beach. I earned a BS in Chemical Engineering and
Finance MBA from USC. I’ve worked 38 years for a
I am asking for your vote so I may complete my tasks major airline at LAX. I’m endorsed by many long-time
during the next 4 years! residents and elected officials, but your vote is my most
important endorsement.
STEVEASPEL@AOL.COM
Call or email me anytime!
s/ Steve Aspel 310-809-4405
bbrand@earthlink.net
bill.brand@redondo.org
s/ Bill Brand
Redondo Beach / 6
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FOR FOR
MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL
DISTRICT 1 DISTRICT 1
ROLF STRUTZENBERG MARTHA BARBEE
Age: 54 Age: 56
Occupation: Retired Occupation: Redondo Beach
Councilwoman
With my awesome wife Jen and now
two beautiful boys ages 4 and 1, Like you, I know Redondo Beach is
District 1 has been our home for the last 5 years after she an incredible place to live, work and raise a family. As
and I had lived in other parts of Redondo Beach since a long-time resident and mother of three children in our
the 1990’s. school district, accomplished business professional and
dedicated community volunteer, I have a personal stake
Getting involved with local politics has been a tremendous in preserving our quality of life.
learning experience, especially with all of the unique
opportunities and challenges we face with our harbor I understand the value of listening, responding promptly,
area, the AES site and the Galleria all poised for change. finding compromise and leading with integrity from my
service on the Board of the Thirty-Third District PTA, my
I would implore each of you to attend public meetings. I years as a Redondo Beach Historical Commissioner and
am a true believer that more community involvement is as your current City Councilwoman.
the key to a great city. Governance and decisions are
best made from the residents up, not handed down from I will continue to serve YOU and use my experience and
above. passion for our City to:
Growing up on a farm in Iowa in a common sense and Safeguard residents, families and businesses
hard work environment I am not one to make promises
that I may not be able to keep, this is what I offer to each Prioritize infrastructure maintenance, improvements, and
of you: traffic concerns
To listen unbiased to all input Ensure city government remains transparent, accessible
To put the leading input of my District first and above any and accountable
personal opinion of my own
To give honest feedback and support Promote smart growth, sustainable jobs and economic
development
To apply reasonableness and moderation
Enhance our excellent quality of lifefor schools, youth
Thank you for your time and consideration.
and seniors
Rolf4CityCouncil@gmail.com
I am confident that under my solution-oriented
leadership, Redondo Beach will prosper and neighbors
s/ Rolf Strutzenberg
will be inspired to work together towards a common goal
– ensuring Redondo Beach remains an amazing place for
generations to come.
Please join Mayor Aspel, former Mayor Mike Gin, and the
Police and Fire Associations and vote Martha Barbee for
City Council.
www.ElectBarbee.com
s/ Martha Barbee
Redondo Beach / 7
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FOR
MEMBER OF THE CITY COUNCIL
DISTRICT 1
NILS NEHRENHEIM
Occupation: Businessman and
Lifeguard
A lifelong resident, I work and play
in the South Bay daily. A small
business owner specializing in technology, I help clients
create their online presence by building websites and
technology solutions. I have been providing vital public
safety for 20 years as a Los Angeles County Lifeguard on
our local beaches. A 17-year Junior Lifeguard instructor,
ocean environment education is important to me. My
platform:
Mitigate traffic by preventing further gridlock along PCH
and other corridors, thwarting traffic growth from dense
overdevelopment, and enhancing pedestrian and bicycle
safety
Preserve the character of Redondo Beach: create a
bicycle-friendly city and preserve and add parks and
open space
Revitalization done right, including community input
on development projects, and preventing “Concrete
Canyon” developments
Transparent & resident-friendly government, including
online progress tracking of projects and proposals, and
online reporting of City government activity
I have worked diligently implementing these points
through my community involvement. In “Save The
Riviera”, I fought the Bristol Farms development, the
result mitigated traffic and was more in keeping with the
community character. As a co-founder of Rescue Our
Waterfront, I lead multiple community the King Harbor
C.A.R.E Act.
I would be honored by your vote.
www.votefornils.org
s/ Nils Nehrenheim
Redondo Beach / 8
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FOR
CITY ATTORNEY
MICHAEL W. WEBB
Age: 54
Occupation: Redondo Beach City
Attorney
I have been honored to serve you
first as City Prosecutor and currently
as your City Attorney. My top priority has always been to
improve public safety and maintain the quality of life for
residents of Redondo Beach. Successes include:
Serious crime in Redondo Beach has been reduced more
than 50%.
Obtained the firstGang Injunction in the South Bay
combating gang crime. This highly successful program
received national recognition and led to an 80% decrease
in violent crime.
Created a Spousal Abuser Prosecution Program that
does not tolerate or minimize violent behavior in the
family or in intimate relationships.
Worked to ensure that California’s Open Government
laws such as the Brown Act and Public Records Act are
followed. This ensures that the public can participate in
the decision-making process in local government.
Initiated innovative programs such as the City Attorney
Make Amends Fund which supports important
community youth activities such as RUHS Teen Court,
Athletic programs and the Theatre Arts program.
I am proud to have earned the endorsements of those
with whom Iwork to improve public safety and quality
of life including our Redondo Beach Police Officers and
Redondo Beach School Board President Anita Avrick.
I ask for your support.
s/ Michael W. Webb
Redondo Beach / 12
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FOR FOR
MEMBER OF THE BOARD OF EDUCATION MEMBER OF THE BOARD OF EDUCATION
BRAD SERKIN MICHAEL CHRISTENSEN
Occupation: Business Owner Occupation: Civil Engineer
As a parent of two children in RBUSD, I am passionate We live in one of the best communities in California,
about public education. RBUSD must provide the best in large part because of the quality of our schools. In
for our children, support our dedicated teachers and my eighteen years as a Redondo Beach resident I
staff and create graduates ready for college or careers. have worked hard to help make this happen. Three of
We must push our schools even more to provide better my children are attending RBUSD schools, so I have a
choices to parents and reach for higher standards. In our personal stake in seeing improvements continue. During
current term, I worked with my colleagues to create a my firstterm as a school board member, the District
Master Plan and to ensure that all monies are spent wisely accomplished much: stable leadership; improved test
and appropriately. Test scores and college readiness scores; great relationships and agreements with our
are up, fiscal reserves are strong, and staff relations labor partners; on-budget delivery of our bond-funded
and engagement and population growth continues to improvements; enhanced financial reserves; and dozens
excel. Our district is now a destination district.I will of State and National recognitions. We focus on the
continually strive for excellence, ask the tough questions Whole Child, and our partnership with the Beach Cities
and demand thorough and transparent answers. I have Health District has resulted in healthier students with
a proven track record supporting education, serving obesity rates falling from 20% to 7%.
as President of RBEF for four years and have been
an active PTA member for many years. I have built Despite these accomplishments, we still have much to do.
companies and believe my business experience give me We need to continue to strengthen our financial condition,
a unique perspective on providing leadership, as well as in preparation for the next economic downturn; improve
redesigning our schools to be accountable, effective and the performance and accountability of our team; enhance
efficient in the years and decades ahead. For dedicated, the effectiveness of our instruction; and safeguard our
passionate and experienced community leadership I ask students.
you to vote for me.
I ask for your vote so I can continue to improve our District
http://www.serkin.org for the sake of our children and our community.
s/ Brad Serkin s/ Michael Christensen
Redondo Beach / 13
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FOR
MEMBER OF THE BOARD OF EDUCATION
BRAD WALLER
Age: 53
Occupation: Business Owner
I am a 30 year resident and proud parent of a 12th grader
at Redondo Union High School. Volunteering has been
an important part of my life, and I want to continue giving
back to our community by representing you as a member
of the RBUSD Board of Education for another term.
In my four years on the RBUSD board, we have balanced
the budget every year - restoring cuts, and preserving jobs
while increasing reserves. We have implemented solar
power, Chromebooks, and infrastructure improvements
that have saved money and improved the learning
environment. Test scores are up, morale is great, and
enrollment is soaring as a result.
I have also represented RBUSD for the last four years
as a member and President of the SoCal ROC Board
of Education. During my time there I led the charge
to save SoCal ROC and chaired the committee of
superintendents, business officers, and school board
members that created its new funding model. The future
of SoCal ROC is still uncertain, but I will move them into
the future with an improved revenue model and course
selection over the next four years.
I pledge to be an advocate for all students.
http://elect.BradWaller.com
s/ Brad Waller
Redondo Beach / 14
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CITY ATTORNEY’S IMPARTIAL ANALYSIS OF P-PRO Zoning Amendments:
MEASURE C
Seaside Lagoon is located within the P-PRO zone and
Background. The type and density of development in King contains an enclosed water facility, utilizing chlorinated
Harbor is governed by the City’s General Plan, Coastal ocean water. Measure C requires the expansion of the
Land Use Plan, and the CLUP Implementing Ordinance. open space at Seaside Lagoon, unless such expansion
King Harbor includes the Coastal Commercial (CC) is determined to be infeasible. If infeasible, the Measure
Zones and the P-PRO Zone known as Seaside Lagoon requires preservation of existing open space, while
(collectively “the Site”).The CC regulations were adopted maintaining and operating the existing or replacement
by the voters in 2010 through Measure G, which included swimming facility, and prohibits the opening of the water
a 400,000 square foot cumulative development cap for facility to harbor waters.
new structures and contemporaneous development of a
boat launch facility. Efficacy of the Measure:
The Measure. Measure C was placed on the ballot by If Measure C is approved by the voters itwould not
a petition signed by the requisite number of voters.
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 01/08/2020 11:44 AM Sherri R. Carter, Executive Officer/Clerk of Court, by E. Gregg,Deputy Clerk 1 BETTY M. SHUMENER (Bar No. 137220) HENRY H. OH (Bar No. 187127) 2 JOHN D. SPURLING (Bar No. 252324) SHUMENER, ODSON & OH LLP 3 550 South Hope Street, Suite 1050 Los Angeles, CA 90071 4 Tel: 213.344.4200 Fax: 213.344.4190 5 Attorneys for Petitioner and Plaintiff Redondo 6 Beach Waterfront, LLC 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 11 REDONDO BEACH WATERFRONT, CASE NO. 19STCV13547 LLC, a Delaware limited liability company, 12 [Assigned for All Purposes to Hon. Teresa Plaintiff, Beaudet, Dept. 50] 13 v. REQUEST FOR JUDICIAL NOTICE IN 14 SUPPORT OF PLAINTIFFS’ OPPOSITION CITY OF REDONDO BEACH, and DOES TO THE CITY OF REDONDO BEACH’S 15 1 through 50, Inclusive, DEMURRER TO FIRST AMENDED COMPLAINT 16 Defendants. Date: January 22, 2020 17 Time: 8:30 a.m. 18 Reservation No. 921829305986 19 Action Filed: April 22, 2019 20 21 22 23 24 25 26 27 28 S HUMENER , O DSON & O H , LLP -1- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEMURRER TO COMPLAINT 1 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that pursuant to Section 450 et seq. of the California Evidence 4 Code, Plaintiff Redondo Beach Waterfront, LLC (“RBW”) hereby requests that the Court take 5 judicial notice of the following documents: 6 1. A true and correct copy of a Voter Information Pamphlet provided by the City of 7 Redondo Beach (the “City”) is attached hereto as Exhibit 1. 8 2. A true and correct copy of the Judgment entered on May 7, 2018 in Redondo 9 Beach Waterfront, LLC v. City of Redondo Beach, LASC Case No. BS168564, is attached hereto 10 as Exhibit 2. 11 3. A true and correct copy of the Complaint (without attached Exhibits) filed in 12 Redondo Beach Waterfront, LLC v. City of Redondo Beach, LASC Case No. BC682833, dated 13 November 9, 2017, is attached hereto as Exhibit 3. 14 4. A true and correct copy of the July 24, 2018 Order in Redondo Beach Waterfront, 15 LLC v. City of Redondo Beach, LASC Case No. BC682833, is attached hereto as Exhibit 4. 16 5. A true and correct copy of the City’s Notice of Appeal in Redondo Beach 17 Waterfront, LLC v. City of Redondo Beach, LASC Case No. BC682833, dated August 14, 2018, 18 is attached hereto as Exhibit 5. 19 6. A true and correct copy of the June 7, 2019 Order in Redondo Beach Waterfront, 20 LLC v. City of Redondo Beach, LASC Case No. BC682833, is attached hereto as Exhibit 6. 21 7. A true and correct copy of the July 30, 2018 Judgment in Building a Better 22 Redondo v. City of Redondo Beach, LASC Case No. BS166124, is attached hereto as Exhibit 7. 23 8. A true and correct copy of RBW’s Notice of Appeal in Building a Better Redondo 24 v. City of Redondo Beach, LASC Case No. BS166124, is attached hereto as Exhibit 8. 25 RBW respectfully requests that the Court take judicial notice of Exhibit 1, pursuant to 26 section 452(c) of the Evidence Code. Kidd v. State, 62 Cal. App. 4th 386, 407, fn. 7 (1998) 27 (“[W]e take judicial notice of the ballot pamphlet for Proposition 209. (Evid.Code, § 452, subd. 28 (c).) The ballot pamphlet may properly be considered to show the intent of the voters in passing S HUMENER , O DSON & O H , LLP -2- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEMURRER TO COMPLAINT 1 an initiative measure.”) 2 RBW respectfully requests that the Court take judicial notice of Exhibits 2-8, pursuant to 3 section 452 (d) of the Evidence Code. Judicial notice of these Exhibits is appropriate because 4 these documents are records of a court in this state. Cal. Evid. Code. § 452 (d) (“Judicial notice 5 may be taken of…[r]ecords of…any court of this state.”) 6 7 SHUMENER, ODSON & OH LLP 8 Dated: January 8, 2020 By 9 JOHN D. SPURLING Attorneys for Plaintiff Redondo Beach 10 Waterfront, LLC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S HUMENER , O DSON & O H , LLP -3- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEMURRER TO COMPLAINT EXHIBIT 1 004 City of Redondo Beach www.redondo.org BT 88: CITY OF REDONDO BEACH, COUNCIL DISTRICT 1 REDONDO BEACH UNIFIED SCHOOL DISTRICT Voter Information Pamphlet GENERAL MUNICIPAL ELECTION Consolidated with the Los Angeles County Special Election TUESDAY, MARCH 7, 2017 Candidate’s Statements and Measure C Information POLLS OPEN at 7 A.M. and CLOSE at 8 P.M. Attention Voters: This “Voter Information Pamphlet” is being mailed to you separately, as its contents are too large to be included in the Official Sample Ballot being sent to you by the Los Angeles County Registrar-Record’s Office (LA County). 005 RedondoBeachPamphlet 0307.indd 1 1/19/2017 4:43:32 PM “Voter Information Pamphlet” from the City of Redondo Beach includes: Part A • Voting Instructions • City Sample Ballot Part B • Candidate’s Statements Part C • Measure C Text • Analysis, Arguments, Rebuttals The “Official Sample Ballot” from the County of Los Angeles Registrar-Recorder, includes: • Vote by Mail Application • Polling locations Redondo Beach / 2 006 RedondoBeachPamphlet 0307.indd 2 1/19/2017 4:43:32 PM FOREIGN LANGUAGE TRANSLATIONS AVAILABLE Pursuant to federal law, voter information and sample ballots have also been translated in the following language(s): SPANISH: Si usted desea recibir sin costo alguno una copia traducida de la boleta y de la boleta de muestra, por favor sírvase llamar por teléfono a la Oficina del Actuario Municipal al númerode teléfono que figura en la lista de la cubierta de atrás de este folleto. If you would like a copy of the translated ballot and sample ballot, at no cost to you, please telephone: The Office of the City Clerk at the phone number listed on the back of this pamphlet. Voter Information Pamphlet The following pages contain: CANDIDATE STATEMENTS Each Candidate’s Statement in this pamphlet is volunteered by the candidate. Although all candidates had the opportunity to submit a statement, some candidates may not have submitted a statement. A complete list of candidates appears on the Sample Ballot page of this pamphlet. BALLOT MEASURES, ANALYSES, ARGUMENTS AND REBUTTALS ANALYSES: The Impartial Analysis is an impartial summary of the results of the proposed measure or proposition. ARGUMENTS: Arguments and/or rebuttal arguments in support of or in opposition to the proposed laws are the opinions of the authors and have not been checked for accuracy by any official agency. Los Angeles County General Voter Information To view your sample ballot, find your polling place, and/or verify your voter registration status, go to: http://www.lavote.net Redondo Beach / 3 007 RedondoBeachPamphlet 0307.indd 5 1/19/2017 4:43:33 PM Voting Instructions How to vote at your polling place on Election Day 1 2 3 4 5 6 Redondo Beach / 4 008 RedondoBeachPamphlet 0307.indd 3 1/19/2017 4:43:32 PM SAMPLE BALLOT BT 88 PAGE 2 CITY REDONDO BEACH CITY GENERAL MUNICIPAL ELECTION Mayor MICHAEL IAN SACHS Vote for One Retired Environmental Technician 28 CHRISTOPHER MOWATT Senior Paralegal 29 STEVE ASPEL Redondo Beach Mayor 30 ERIC J. COLEMAN Teacher 31 BILL BRAND Redondo Beach Councilmember 32 Member of the ROLF STRUTZENBERG City Council, Retired 34 1st District MARTHA BARBEE Vote for One Redondo Beach Councilwoman 35 NILS NEHRENHEIM Businessman and Lifeguard 36 City Attorney Vote for One MICHAEL W. WEBB Redondo Beach City Attorney 38 SCHOOL REDONDO BEACH UNIFIED SCHOOL DISTRICT Member of the Board of Education BRAD SERKIN Incumbent 42 Vote for no more MATTHEW J. KILROY than Three Retired RBUSD Teacher 43 MICHAEL CHRISTENSEN Incumbent 44 BRAD WALLER Incumbent 45 REDONDO BEACH CITY SPECIAL MUNICIPAL ELECTION ShallRedondoBeach approveamendments to its Coastal Land Use C PlanImplementingOrdinance (partially adoptedin2010 in Measure 48 YES G) to provideadditional analytical proceduresand additional limits 49 NO reducing the amount and type of development in the Coastal Commercial Zones and the Parks, Recreation, and Open Space Zone (Seaside Lagoon), located in the Redondo Beach King Harbor-Pier area? PLEASE NOTE: The order in which candidates' names appear on the ballot is determined by a random drawing of 26 letters of the alphabet. END OF BALLOT Redondo Beach / 88 009 RedondoBeachPamphlet 0307.indd 88 1/19/2017 4:43:33 PM Cast Your Vote! Redondo Beach / CYV 010 RedondoBeachPamphlet 0307.indd 31 1/19/2017 4:43:34 PM FOR FOR MAYOR MAYOR STEVE ASPEL BILL BRAND Age: 63 Occupation: Redondo Beach Occupation: Redondo Beach Mayor Councilmember I’m a 40 year resident, married to my I love our friendly beach town best friend from High School, Pam. character. I first swam in the Our daughters, Catie and Brett are Seaside Lagoon in 1966 as an 8 graduates of RUHS. Pam and I have volunteered for year-old boy. My community roots are deep, notably many organizations including AYSO, Redondo Sunset fighting overdevelopment in Redondo Beach for the last Softball, Girl Scouts, PTA, Rotary, RUHS and Chamber 15 years - eight as a Councilmember. of Commerce. Like you, I see the dramatic increase in traffic and I’ve run a successful small business for 37 years, retiring in congestion from overdevelopment. Huge projects 2014. I have battled colo-rectal cancer and won. Because pushed by developers are spoiling our town and of this and my family, my business, my volunteerism, I neighborhoods. The Waterfront mall, Galleria, Legado can relate to the everyday trials that every citizen faces. and AES - all massive plans that will generate enormous amounts of new traffic while depleting City services. Our City is wonderful because of our citizens and I will continue to work closely with you. I will continue to work As your next Mayor, I will fight to revitalize Redondo closely with our schools. Public Safety is our #1 concern. Beach without overdeveloping it, improve public safety, I am proud to say that I have the endorsements of our and eliminate government waste and cronyism that has Redondo Beach Police and Fire Department. been fueled by big money developers for far too long. The difficult tasks to accomplish require vision and I have always believed that your quality of life begins on community consensus building that prioritizes the people YOUR Street, in YOUR neighborhood and with YOUR who live in Redondo Beach. family. I am always ready and willing to act on the issues that matter to you because you have trusted me to be I’ve lived in the South Bay for 46 years – 24 in Redondo your voice in City government. Beach. I earned a BS in Chemical Engineering and Finance MBA from USC. I’ve worked 38 years for a I am asking for your vote so I may complete my tasks major airline at LAX. I’m endorsed by many long-time during the next 4 years! residents and elected officials, but your vote is my most important endorsement. STEVEASPEL@AOL.COM Call or email me anytime! s/ Steve Aspel 310-809-4405 bbrand@earthlink.net bill.brand@redondo.org s/ Bill Brand Redondo Beach / 6 011 RedondoBeachPamphlet 0307.indd 6 1/19/2017 4:43:33 PM FOR FOR MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL DISTRICT 1 DISTRICT 1 ROLF STRUTZENBERG MARTHA BARBEE Age: 54 Age: 56 Occupation: Retired Occupation: Redondo Beach Councilwoman With my awesome wife Jen and now two beautiful boys ages 4 and 1, Like you, I know Redondo Beach is District 1 has been our home for the last 5 years after she an incredible place to live, work and raise a family. As and I had lived in other parts of Redondo Beach since a long-time resident and mother of three children in our the 1990’s. school district, accomplished business professional and dedicated community volunteer, I have a personal stake Getting involved with local politics has been a tremendous in preserving our quality of life. learning experience, especially with all of the unique opportunities and challenges we face with our harbor I understand the value of listening, responding promptly, area, the AES site and the Galleria all poised for change. finding compromise and leading with integrity from my service on the Board of the Thirty-Third District PTA, my I would implore each of you to attend public meetings. I years as a Redondo Beach Historical Commissioner and am a true believer that more community involvement is as your current City Councilwoman. the key to a great city. Governance and decisions are best made from the residents up, not handed down from I will continue to serve YOU and use my experience and above. passion for our City to: Growing up on a farm in Iowa in a common sense and Safeguard residents, families and businesses hard work environment I am not one to make promises that I may not be able to keep, this is what I offer to each Prioritize infrastructure maintenance, improvements, and of you: traffic concerns To listen unbiased to all input Ensure city government remains transparent, accessible To put the leading input of my District first and above any and accountable personal opinion of my own To give honest feedback and support Promote smart growth, sustainable jobs and economic development To apply reasonableness and moderation Enhance our excellent quality of lifefor schools, youth Thank you for your time and consideration. and seniors Rolf4CityCouncil@gmail.com I am confident that under my solution-oriented leadership, Redondo Beach will prosper and neighbors s/ Rolf Strutzenberg will be inspired to work together towards a common goal – ensuring Redondo Beach remains an amazing place for generations to come. Please join Mayor Aspel, former Mayor Mike Gin, and the Police and Fire Associations and vote Martha Barbee for City Council. www.ElectBarbee.com s/ Martha Barbee Redondo Beach / 7 012 RedondoBeachPamphlet 0307.indd 7 1/19/2017 4:43:33 PM FOR MEMBER OF THE CITY COUNCIL DISTRICT 1 NILS NEHRENHEIM Occupation: Businessman and Lifeguard A lifelong resident, I work and play in the South Bay daily. A small business owner specializing in technology, I help clients create their online presence by building websites and technology solutions. I have been providing vital public safety for 20 years as a Los Angeles County Lifeguard on our local beaches. A 17-year Junior Lifeguard instructor, ocean environment education is important to me. My platform: Mitigate traffic by preventing further gridlock along PCH and other corridors, thwarting traffic growth from dense overdevelopment, and enhancing pedestrian and bicycle safety Preserve the character of Redondo Beach: create a bicycle-friendly city and preserve and add parks and open space Revitalization done right, including community input on development projects, and preventing “Concrete Canyon” developments Transparent & resident-friendly government, including online progress tracking of projects and proposals, and online reporting of City government activity I have worked diligently implementing these points through my community involvement. In “Save The Riviera”, I fought the Bristol Farms development, the result mitigated traffic and was more in keeping with the community character. As a co-founder of Rescue Our Waterfront, I lead multiple community the King Harbor C.A.R.E Act. I would be honored by your vote. www.votefornils.org s/ Nils Nehrenheim Redondo Beach / 8 013 RedondoBeachPamphlet 0307.indd 8 1/19/2017 4:43:33 PM FOR CITY ATTORNEY MICHAEL W. WEBB Age: 54 Occupation: Redondo Beach City Attorney I have been honored to serve you first as City Prosecutor and currently as your City Attorney. My top priority has always been to improve public safety and maintain the quality of life for residents of Redondo Beach. Successes include: Serious crime in Redondo Beach has been reduced more than 50%. Obtained the firstGang Injunction in the South Bay combating gang crime. This highly successful program received national recognition and led to an 80% decrease in violent crime. Created a Spousal Abuser Prosecution Program that does not tolerate or minimize violent behavior in the family or in intimate relationships. Worked to ensure that California’s Open Government laws such as the Brown Act and Public Records Act are followed. This ensures that the public can participate in the decision-making process in local government. Initiated innovative programs such as the City Attorney Make Amends Fund which supports important community youth activities such as RUHS Teen Court, Athletic programs and the Theatre Arts program. I am proud to have earned the endorsements of those with whom Iwork to improve public safety and quality of life including our Redondo Beach Police Officers and Redondo Beach School Board President Anita Avrick. I ask for your support. s/ Michael W. Webb Redondo Beach / 12 014 RedondoBeachPamphlet 0307.indd 12 1/19/2017 4:43:33 PM FOR FOR MEMBER OF THE BOARD OF EDUCATION MEMBER OF THE BOARD OF EDUCATION BRAD SERKIN MICHAEL CHRISTENSEN Occupation: Business Owner Occupation: Civil Engineer As a parent of two children in RBUSD, I am passionate We live in one of the best communities in California, about public education. RBUSD must provide the best in large part because of the quality of our schools. In for our children, support our dedicated teachers and my eighteen years as a Redondo Beach resident I staff and create graduates ready for college or careers. have worked hard to help make this happen. Three of We must push our schools even more to provide better my children are attending RBUSD schools, so I have a choices to parents and reach for higher standards. In our personal stake in seeing improvements continue. During current term, I worked with my colleagues to create a my firstterm as a school board member, the District Master Plan and to ensure that all monies are spent wisely accomplished much: stable leadership; improved test and appropriately. Test scores and college readiness scores; great relationships and agreements with our are up, fiscal reserves are strong, and staff relations labor partners; on-budget delivery of our bond-funded and engagement and population growth continues to improvements; enhanced financial reserves; and dozens excel. Our district is now a destination district.I will of State and National recognitions. We focus on the continually strive for excellence, ask the tough questions Whole Child, and our partnership with the Beach Cities and demand thorough and transparent answers. I have Health District has resulted in healthier students with a proven track record supporting education, serving obesity rates falling from 20% to 7%. as President of RBEF for four years and have been an active PTA member for many years. I have built Despite these accomplishments, we still have much to do. companies and believe my business experience give me We need to continue to strengthen our financial condition, a unique perspective on providing leadership, as well as in preparation for the next economic downturn; improve redesigning our schools to be accountable, effective and the performance and accountability of our team; enhance efficient in the years and decades ahead. For dedicated, the effectiveness of our instruction; and safeguard our passionate and experienced community leadership I ask students. you to vote for me. I ask for your vote so I can continue to improve our District http://www.serkin.org for the sake of our children and our community. s/ Brad Serkin s/ Michael Christensen Redondo Beach / 13 015 RedondoBeachPamphlet 0307.indd 13 1/19/2017 4:43:34 PM FOR MEMBER OF THE BOARD OF EDUCATION BRAD WALLER Age: 53 Occupation: Business Owner I am a 30 year resident and proud parent of a 12th grader at Redondo Union High School. Volunteering has been an important part of my life, and I want to continue giving back to our community by representing you as a member of the RBUSD Board of Education for another term. In my four years on the RBUSD board, we have balanced the budget every year - restoring cuts, and preserving jobs while increasing reserves. We have implemented solar power, Chromebooks, and infrastructure improvements that have saved money and improved the learning environment. Test scores are up, morale is great, and enrollment is soaring as a result. I have also represented RBUSD for the last four years as a member and President of the SoCal ROC Board of Education. During my time there I led the charge to save SoCal ROC and chaired the committee of superintendents, business officers, and school board members that created its new funding model. The future of SoCal ROC is still uncertain, but I will move them into the future with an improved revenue model and course selection over the next four years. I pledge to be an advocate for all students. http://elect.BradWaller.com s/ Brad Waller Redondo Beach / 14 016 RedondoBeachPamphlet 0307.indd 14 1/19/2017 4:43:34 PM CITY ATTORNEY’S IMPARTIAL ANALYSIS OF P-PRO Zoning Amendments: MEASURE C Seaside Lagoon is located within the P-PRO zone and Background. The type and density of development in King contains an enclosed water facility, utilizing chlorinated Harbor is governed by the City’s General Plan, Coastal ocean water. Measure C requires the expansion of the Land Use Plan, and the CLUP Implementing Ordinance. open space at Seaside Lagoon, unless such expansion King Harbor includes the Coastal Commercial (CC) is determined to be infeasible. If infeasible, the Measure Zones and the P-PRO Zone known as Seaside Lagoon requires preservation of existing open space, while (collectively “the Site”).The CC regulations were adopted maintaining and operating the existing or replacement by the voters in 2010 through Measure G, which included swimming facility, and prohibits the opening of the water a 400,000 square foot cumulative development cap for facility to harbor waters. new structures and contemporaneous development of a boat launch facility. Efficacy of the Measure: The Measure. Measure C was placed on the ballot by If Measure C is approved by the voters itwould not a petition signed by the requisite number of voters.