BLUE FOLDER ITEM
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.
CITY COUNCIL MEETING
February 20, 2024
RECOGNITION THAT THE POSITION OF MAYOR IS VACANT AND
DISCUSSION AND POSSIBLE ACTION TO FILL BY APPOINTMENT
THE VACANCY PURSUANT TO SECTION 6.4 OF THE REDONDO
BEACH CHARTER
Attached is the following document
• Administrative Report
Administrative Report
DEATED APRIL
Council Action Date: February 20, 2024
To: CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY
Subject: RECOGNITION THAT THE POSITION OF MAYOR IS VACANT AND
DISCUSSION AND POSSIBLE ACTION TO FILL BY APPOINTMENT THE VACANCY PURSUANT TO SECTION 6.4 OF THE REDONDO BEACH CITY
CHARTER
SUMMARY
The heartbreaking passing of Mayor Bill Brand on Friday, February 90, 2024 has created a vacancy in the position of Mayor. Section 6.4 of the City Charter provides:
Any vacancy in the City Council, or any elective office, shall be filled as follows:
(a) If less than two (2) years remain in the unexpired term of the vacant office, such vacancy shall be filled by appointment by the majority of the remaining members of the City Council within thirty (30) days following the vacancy. The Mayor shall not have the right to veto any Council appointment made pursuant to this section, but may vote to break a tie. If the Council fails to fill the vacancy as provided herein, the Mayor shall make such appointment within fifteen (15) days following the Council's failure to fill the vacancy. Any appointee shall hold office until the first day of the month following the next General Municipal Election and until his successor is elected and qualified. (Emphasis added)
(b) If two (2) years or more remain in the unexpired term of the vacant office, the City Council shall forthwith order a special election to be held to fill the vacancy for the remainder of the unexpired term.
Less than two years remain in the unexpired term of Bill Brand as Mayor as it was set to expire on April 1, 2025. Therefore subsection (a) applies and the City Council needs to appoint an eligible individual to fill the position within 30 days of the vacancy.
In order to be eligible to serve as a Mayor Section 8.1 of the City Charter states:
No person shall be eligible to file as a candidate or hold office as Mayor unless such person shall be a registered voter of the City of Redondo Beach at the time of filing such person's nomination papers and shall have been a resident of the City for at least thirty (30) days immediately preceding the date of such filing or appointment. (Emphasis added) Administrative Report February 20, 2024
DISCUSSION AND POSSIBLE ACTION TO FILL BY APPOINTMENT THE VACANCY PURSUANT TO SECTION 6.4 OF THE REDONDO BEACH CITY
CHARTER
There is not a specific process set out in the Charter as to how the Council is to decide which eligible individual to appoint. There are some varying past precedents. The last time there was a vacancy created in the position of Redondo Beach Mayor was in May, 1950. On May 15, 1950 Mayor Charles H. Wortham resigned. Subsequent City Council minutes show that on May 22, 1950 former Mayor Isaac H. Hawkins (who had served from 1941-1943) indicated by letter that he could not accept the appointment to the office of Mayor. The City Council voted to accept with regret the decision of Mr. Hawkins not to accept the office of Mayor. The next day on May 23, 1950 the City Council unanimously appointed former Mayor Clyde Marsh (who had previously served from 1943-1947) as Mayor.
The last time the Redondo Beach City Council filled a vacancy in an elected office by appointment was in July, 2016. The resignation of City Councilmember Jeff Ginsburg effective June 30, 2016 created a vacancy in the position of City Council member from District 1. At the July 5, 2016 meeting, the City Council chose to follow the process used by the City of Torrance and solicit applications for appointment to the City Council from eligible District 1 residents. The Council unanimously directed staff to post the application on the website the next day July 6, 2016 by 5:30 p.m., with the application deadline to be turned into the City Clerk's Office no later than July 13th by 5:30 pm and to appoint a new Councilmember for District 1 on July 19, 2016. On July 19th, after interviewing a number of applicants, Councilmember Emdee made a motion, seconded by Councilmember Brand, to appoint Martha Barbee as Councilmember for District 1.
The motion passed unanimously.
RECOMMENDATION
The options as to the process the Council could use to fill this vacancy are many.
However, it is entirely up to the Council as to the best process to be used so long as you make the appointment within 30 days of the vacancy.
Submitted by:
Michael W. Webb, City Attorney
Attachments: 1) Except from Redondo Beach City Council minutes dated May 15, 1950 2) Excerpt from Redondo Beach City Council minutes dated May 22, 1950 3) Except from Redondo Beach City Council minutes dated May 23, 1950 4) Council District 1 2016 Application
11;
Redondo y 15h, Catsfornia
A regular meeting of the City Councll of the City of Redondo Beach, Calfornia, was called to order at 8:00 o'clock p.n. on the above date in the auditorium of the South School of said city by Fred. M. Arnold, City Clerk, the Mayor boing absent.
ROLL. CALL
uncilmen resent Harder, Dailey, Greon, and Henderson:
uncilmen Absent
MAYOR PRO TEM:
It was moved by Councilman Green and seconded by Councilman Dalloy that Councilnan Henderson bo and ho is hereby appointod Mayor Pro Ton. This notion was carried by the following vote:
AYES: Councileen Caulegor, Dalloy and Green;
NOES: Nono;
ABSENT: ouncilman Hardie
NOT VOTING: ouncilran Henderson
Councilman Henderson inmediately assumed the duties of Mayor Pro Tem.
SALUTE TO THE FLAG:
At the request of Mayor Pro Ten lenderson the audience and nombers of the City Council roso and gave the pledge of allegiance to the Flag.
MINUTES OF THE PREVIOUS MEETINGS
It was movod by Councilman Green and seconded by Councilman Dailey that the minutes of the regular neoting hold on the lat day of May, 1950 and the ninutos of the regular meeting held on May 8, 1950 as posted be approved. This motion was carried by the following vote:
AYES: Councileen Czuloger, Dalloy, Groon, and Mayor Pro Tem Honderson; NOES: None:
ABSENT: Councilnan Hardie.
RESIGNATION OF MAYOR CHARLES H. WORTHAY:
The City Clerk presented and read a letter, dated May 15, 1950, addressed to the citizens of Redondo Beach, from Mayor Charles H. Wortham tendering his resignation as Mayor of the City of Redondo Beach.
It was moved by Councilran Green and seconded by Councilman Czuleger that the said resignation Do and the same 1s hereby accepted. This motion was carried by the following vote:
AYES: Councilmen Czuleger, Dalley, Green, and Mayor Pro Tea Henderson; NOES: Nono;
ABSENT: Councilran Hardio.
RESIGNATION OF COUNCILMAN RICHARD A. HARDIE:
RICHARD A. HARDIE, dated Nay 15, 1950, tendering his resignation as Councilean fron District No. 2 and stating his reasons therefor.
It was noved by Councilman Green and seconded by Councilman Dailey that the said resignation be accopted. This motion was carried by the following vote:
AYES: Councilmen Czuloger, Dalloy, Green, and Mayor Pro Tom Henderson; OES: None:
ABSENT None.
• UNFINISHED BUSINESS
GARBAGE CONTRACT:
The City Clork presented and read the specifications covering the collection of garbage.
It was noved by Councilean Dalley and seconded by Councilman Greon that the said specifications bo and the sane are hereby approved. This Lotion was carried by the following vote:
Councilnen Czulegor, Dalloy, Green, and Mayor Pro Ten Henderson; Nono;
None.
Councilman Czuleger roquested that the City Managor adviso the garbage contractor that many con- plaints had boon rocolved rolative to the noise mado not only by the garbage trucks but also by the collectors in replacing the garbage receptaclos.
GARBACE:
Following advice from the City Attorney it was moved by Councilman Green and seconded by Coun- cilman Dailey that the contract awarded to Charles D. Pratty, dba Downey Disposal Company, together with specifications attached thereto, bo approved and that the city entor into said contract when and 1:.;
Rodondo yash California
A regular mecting of the City Council of the City of Redondo Beach, Callfornia, was called to order at 8:00 o'clock p.n. on the above date in the auditorium of the South School of said city by Fred. M. Arnold, City Clerk, the Mayor being absent.
ROLL. CALL,
Councilmen Present: Cardiger, Datley, Greon, and Henderson; Councilmen Absent:
MAYOR PRO TEM:
It was moved by Councilman Green and seconded by Councilman Dalloy that Councilnan Henderson Do and ho is hereby appointed Mayor Pro Ten. This notion was carried by the following vote:
AYES: Councilmen Czuleger, Dalley and Green;
NOES: Nono:
ABSENT: uncilman Hardi
NOT VOTING: uncilman Henderso
Councilman Henderson immediately assumed the duties of Mayor Pro Ten.
SALUTE TO THE FLAG:
At the request of Mayor Pro Tem Henderson the audience and nembers of the City Council rose and gave the pledge of allegiance to the Flas.
MINUTES OF THE PREVIOUS MEETINGS
It was moved by Councilman Green and seconded by Councilman Dailey that the minutes of the regular nooting held on the lst day of May, 1950 and the minutos of the regular meeting held on May B, 1950 as posted be approved. This motion was carried by the following vote:
AYES: Councilmen Czulogor, Dalley, Green, and Mayor Pro Tem Henderson; NOES: None;
ABSENT: Councilman Hardie.
RESIGNATION OF MAYOR CHARLES H. WORTHAM:
The City Clerk presentod and read a letter, dated May 15, 1950, addressed to the citizens of Redondo Beach, from Mayor Charles H. Worthan tendering his resignation as Mayor of the City of Redondo Beach.
It was moved by Councilman Green and seconded by Councilman Czuloger that the sald reaignation be and the same is horoby accepted. This motion was carried by the following vote:
AYES: Councilmen Czuleger, Dailey, Green, and Mayor Pro Ter Henderson; NOES: Nono;
ABSENT: Councilran Hardie.
RESIGNATION OF COUNCILMAN RICHARD A. HARDIE:
RICHARD A. HARDIE, dated May 15, 1950, tenderinz his resignation as Councilman fron District No. 2 and stating his reasons therefor.
It was moved by Councilean Creen and seconded by Councilman Dailey that the said resignation bo accaptod. This motion was carried by the following vote:
AYES: Hona: men Caulegor, Dalley, Groon, and Kayor Pro To Hendorson; 0ES•
ABSENT:
• UNFINISHED BUSINESS
GARBAGE CONTRACT:
The City Clerk presented and read the specifications covering the collection of garbage.
It was moved by Councilean Dalley and seconded by Councilman Green that the said specifications bo and the same are hereby approved. This Lotion was carried by the following vote:
AYES: Councilmen Czuleger, Dalloy, Green, and Mayor Pro Ten Henderaon; NOES: Nono;
ABSENT: None.
Councilnan Czuleger requested that the City Managor adviso the garbago contractor that cany con- plaints had boen roceived rolativo to the noise nado not only by the garbage trucks but also by the colloctora in roplacin the carbare recoptacles.
CARRAGE:
Following advice fron the City Attorney It was moved by Councilean Green and seconded by Coun- c11ran Dalley that the contract awarded to Charles D. Pratty, dba Downey Disposal Company, together with specifications attached thereto, be approved and that the city enter into said contract when and .:.. 5-22-50
/ AYES: Councilmen Czulegor, Dailey, and Mayor Pro Ten Henderson; NOES: lone;
ABSENT: Councilmar. Green.
PERSONAL PROPERTY TAX: (a)
LEAGUE OF CALIFORNIA CITIES, dated May 15, 1950, attaching a resolution opposing the potition boing circulated for the removal of personal property tax, and requesting that a sintlar resolution be adopted by the Council.
It was novod by Councilman Dalloy and seconded by Councilman Cruleger that the said letter be lald ovor until next wook. Carriod.
RUBBISH DISPOSAI.- SANITATION DISTRICTS: (n)
LEAGUE OF CALIFORNIA CITIES, dated May 15, 1950, relative to a report on rubbish disposal, known as the "Albers Report;" attaching a roport on a subcommittee reeting hold on May 9, 1950, ard roquosting that the cities hold in abeyance the development of any profects which will bo bofore the end of the your.
It was coved by Councilman Czulegor and soconded by Councilean Dalley that the sald correspon- dence be received and filed. Carried.
LEASE- MRS. AGNES WRICHT- MUNICIPAL PIER: (o)
Mrs. Agnes right, dated May 15, 1950, expressing approciation for the cooperation given her in rebutlding the daraged pier and rarket bullding; adviaing of the possibility of similar damage occurring again, and requesting that the ratter of the possibility of debris being washed between the piles under the building and the rock jetty adjacent to the south sido of the pier be taken up with the Board of Supervisors so that another accident may not occur.
It was moved by Councilman Cauleger and seconded by Councilman Dalley that the City Manager contact the Board of Supervisors and request that the groin on the south side of the pier be re- moved. Carried.
LIQUOR PERMITS: (p)
• The Deputy City Clork prosented applications to the State Board of Equalization from Fitzsimons Stores, Ltd. 310 Torrance Boulevard, for an Off Sale Beer & Wine Licenso, and from Charlos T. Baldwin and Leon Johnson, Jr., dba Midway Cafo, 151 South El Pasco, for an On Salo Beer Licenao.
It was coved by Councilsan Czuleger and seconded by Councilman Dallay that the said appl 1- cations be filed. Carried.
NORTH REDONDO HEALTH CENTER: (q)
The North Redondo Health Center and Toy Loan Cormittee extending an invitation to the city officials to attend their Open House at 2310 Rockefeller Lane on Saturday, May 7, 1950.
It was moved by Councilman Dailey and seconded by Councilman Czuleger that the said invitation be accepted and that as many of the Council as possible attend, and that the said letter be filed.
Carried.
OFFICE OF MAYOR: (r)
ISAAC H. HAWKINS, former Mayor of Redondo Boach, dated May 22, 1950, stating it will be Imposalble to consider accepting the appointment of Mayor of the city as he and Mrs. Hawkins have rade plans to travel a great deal during the next twelve months and to accept the office would rot be fair to elther the city or to then.
It was moved by Councilean Dailey and seconded by Councilman Czuleger that the deciaion of Mr. Hawkine to not accept the office of Mayor be accepted with regrot. This soilon was carried by the following voto:
AYES: Councilmen Czuleger, Dalley and Mayor Pro Tea Henderson; NOES:
ABSENT: Councilman Green.
OFFICE OF COUNCILMANL DISTRICT 1O. 2 (s)
MRS. G. CARTER, dated May 16, 1950, requesting that the Council appoint Dr. Arthur Hantiton to f111 the office of Councilean in District No. 2.
It was coved by Councilean Dalley and seconded by Councilman Czuleger that the letter be Elled. Carried.
An adjourned regular meeting of the City Couneil was called to ordor at 8:30 o'clock a.n. on the above date in the Counc11 Chambor, City Hall, of said esty by the Deputy City Clork, the Mayor having resigned.
ROLL, CALI.
Coune ren sent: Gendegor, Dalley, Green, and Henderson; MAYOR PRO TEM:
It was moved by Councilman Czuleger and seconded by Councilman Dalley that Countlean Henderson be and ho is hereby appointed Mayor ProTon. This cotion was carried by the following vote:
AYES: Come ten Czuleger, Dalley and Groen;
NOES:
ABSENT: HOT VOTING: Councean Hondorson.
Councilnan Henderson Immediately assumed the duties of Mayor Pro Ten.
NORTH REDONDO HEALTH CENTER AND TOY LOAN LIBRARY:
Mayor Pro Tem Henderson called attention to a memorandu from City Engincor Lowe relativo to various isprovezents needed at the liorth Redondo Health Conter, and zoved that dirt required for landscaping around the said building be and the same 1s hereby authorized. This motion was seconded by Councilman Dailey and was carried by the following voto:
CounelInen Cruleger, Dailey, Green, and Mayor Pro Ten Henderson; Mayor Pro Ten Henderson said he would like to have consideration of other items 11sted 1n said comorandum laid over unt11 a reeting is hold with the Rudget and Taxation Cormission. Mayor Pro Tem Henderson stated that he would 11ke to have all the lots in Block 36 cleaned off.
It was coved by Councilnan Green and seconded by Councilman Dalley that Mr. Clyde Marsh be and he is hereby appointed Mayor of the City of Redondo Beach to serve until the next general Eunicipal election. This notion was carried by the following voto:
Councilmen Czuleger, Dailey, Green, and Mayor Pro Tea Henderson:
OFFICE OF COUNCILMAN- DISTRICT NO. 2:
It was noved by Councilean Czuleger and seconded by Councilman Green that Mr. Roger M. Cuelfs be appointed as Councilman for District No. 2 to serve until the first day of the month following the next general municipal clection and until his successor 1s elected and qualified. This motion was carried by the following vote:
AYES:
NOES: Come then Crulorer, Dollo, Oren and tayor Pro Ten Handereon; ABSENT:
LIFE GUARD SERVICE FOR 1950-51:
The City Attornoy presented a resolution providing for 11fe guard service for the fiscal year 1950-51: said rosolution reading as follows:
or sai, nance of said panic beach an of sasd city increases the cost see ter mal teach anton and great, to pret our if plard
RECEIVED
City of Redondo BaSh II PM 1:32
Time 5 Su
redondo APPLICATION
BEACR ITY CLERK'S OFFIC
EBONDO BEACH CALIFORNI
APPOINTMENT TO CITY GRUNCIL
All applicants must be residents of District 1 for at least 30 days prior to the appointment and electors of the city of Redondo Beach. 679220 Applications must be returned by City Clerk's Office
5:30 p.m. 415 Diamond Street, Door C
Wednesday, July 13, 2016 Redondo Beach, California 90277 Name:
(middle) (last)
Home Address!
City: ZIP: Home Phone
Email Address:
Years resided at above address! _Are you a registered voter? Have you lived at any other address during the past year? No Yes If yes, give previous address:
Occupation
If appointed: I will run in the March 7, 2017 Election
I will not run in the March 7, 2017 Election
I decline to answer
/ will accept the office if appointed,
(Date)
Please type or print in black ink. Attach additional pages as necessary. 1 Education
School | Major Graduation Date and Degree
Why do you think you should be appointed? What is there specifically in 2 your background, training, education and interests that qualify you as a 3 Redondo Beach Community Service Experience
Organization Served To Offices Held
From
4 Provide the names, addresses and telephone numbers of personal references (other than family members)
A Name Address Phone
Name Address Phone
Name Address Phone
D Name Address Phone