To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY
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DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING DRAFTING AN AMENDMENT TO ARTICLE XXVII OF THE REDONDO BEACH CITY CHARTER CONFIRMING WHICH PROVISIONS ARE PREEMPTED BY STATE LAW AS IT PERTAINS TO THE HOUSING ELEMENT PROCESS
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EXECUTIVE SUMMARY
Direct the City Attorney and the Community Development Director to draft an amendment to Article XXVII of the Redondo Beach City Charter confirming which provisions are preempted by State law as it pertains to the housing element process, for the Mayor and City Council's consideration at a future meeting.
In a ruling filed on October 30, 2023, a Superior Court Judge found that Article XXVII of the Redondo Beach City Charter is pre-empted by statewide law as it relates to the housing element process, nullifying its requirement of voter approval of zoning changes contemplated by a draft housing element. A Charter Amendment of Article XXVII submitted to and approved by the voters would confirm which provisions are pre-empted by State law.
BACKGROUND
In case number 22TRCP00203, Petitioners New Commune DTLA, LLC and Leonid Pustilnikov filed a Petition for a Writ of Mandamus seeking to overturn the Housing Element that the City Council adopted and which the State of California Department of Housing and Community Development found was in "full compliance with State Housing Element Law". The petition was based in part on the contention that voter approval of the housing element is required under the City Charter. Ironically, while Petitioners in their petition purported to champion the will of the people, it is Petitioners' position that thwarts the voters. In amending the Charter to add Article XXVII, the City's residents sought to ensure they have a voice in land use decisions. Petitioners want to overturn the City's adopted and certified Housing Element to invoke a statutory provision and attempt to force the City to approve Petit...
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