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
MAY 7, 2024
N.3 DISCUSSION AND POSSIBLE ACTION REGARDING THE CHARTER REVIEW ADVISORY COMMITTEE’S REPORT RECOMMENDATIONS AND DIRECTION TO STAFF REGARDING
THE PREPARATION OF BALLOT MEASURES FOR POSSIBLE CHARTER AMENDMENTS CONTACT: ELEANOR MANZANO, CITY CLERK
• LETTER FROM RBUSD TO THE CHARTER REVIEW ADVISORY COMMITTEE DATED OCTOBER 24, 2023
• SUMMARY OF CRAC’S FINDINGS AND POSITION DATED JULY 23, 2023 • RESOLUTION CALLING ELECTION ON CITY ATTORNEY CHARTER AMENDMENT
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.
CHARTER REVIEW ADVISORY COMMITTEE
OCTOBER 26, 2023
I.5 DISCUSSION AND POSSIBLE ACTION REGARDING THE POSSIBILITY OF REMOVING
RBUSD SCHOOL BOARD FROM THE CITY CHARTER AS DIRECTED BY CITY COUNCIL CONTACT: Chairperson Rolf Strutzenberg
• LETTER FROM REDONDO BEACH UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION ~
REDON
=
DO BEACH
UNIFIED SCHOOL DISTRICT
October 24, 2023
Charter Review Advisory Committee
City ofRedondo Beach
Attn: Eleanor Manzano, City Clerk
415 Diamond Street
Redondo Beach, CA 90277
Email: [email protected]
Re: Redondo Beach Unified School District Board of Education's Recommendation Regarding City Charter Amendments
Dear Charter Review Advisory Committee:
The Board of Education (the "Board") of the Redondo Beach Unified School District ("RBUSD") would like to express its gratitude for the opportunity to be a part of the City Charter review process. We commend your efforts to ensure that the City Charter aligns with the needs and values ofthe Redondo Beach community.
After careful deliberation, the Board has decided not to recommend any changes to the sections of the City Charter that pertain to RBUSD for the following reasons:
1. Preservation of Term Limits: Leaving the Charter would remove term limits for Board members, which were approved by Redondo Beach voters in 1997. This would allow Board members to serve unlimited terms. In 2014, however, Redondo Beach voters rejected a measure to extend these term limits. Therefore, the Board believes that removing RBUSD from the Charter, and consequently eliminating these term limits, would not align with the preferences ofRedondo Beach voters.
2. Reimbursement for Necessary Expenses only: The City Charter stipulates that Board members serve without compensation, except for reimbursement for necessary expenses.
While taking RBUSD out of the City Charter could enable Board members to receive a monthly stipend under Education Code § 35120, the Board prefers to continue the practice ofreceiving reimbursement for necessary expenses only. The Board sees no reason to change compensation at this time.
1401 Inglewood Avenue, Redondo Beach, California 90278 / Tel: 310.379.5449 / Fax: 310.372.5269 Board of Education:
Byung Cho • Dan Elder• Raymur Flinn • Rachel Silverman Nemeth • Rolf Strutzenberg Student Board Member: Superintendent of Schools:
Chloe Caywood Dr. Nicole Wesley
~
REDON
==
DO BEACH
UNIFIED SCHOOL DISTRICT
3. Preference for At-Large Elections: The City Charter provides that Board elections are atlarge. Leaving the Charter could result in trustee-area voting. But, at thisjuncture, the Board believes that the District is best served by at-large elections that encourage Board members to have a broader perspective and consider the interests ofthe entire community, rather than focusing on narrow or parochial issues.
4. Consolidation of Elections: The City Charter provides that Board elections are to be consolidated with the local City elections which occur on the first Tuesday after the first Monday in March of each odd-numbered year. Should we deviate from this Charter provision, the Board could be compelled to reschedule its elections to a different date, potentially incurring additional costs separate from the General Municipal election outlined in the Charter. The Board's preference, however, is to maintain this consolidated approach because it brings cost savings and reduces administrative complexities associated with separate elections, ultimately benefiting taxpayers and preserving resources. The Board would rather see the funds that might otherwise be earmarked for separate Board elections redirected towards essential educational needs. Moreover, consolidated elections streamline the voting process, preventing voter confusion and inconvenience.
The Board reached this recommendation after conducting four Board discussions at regularly scheduled meetings on April 25, 2023, May 9, 2023, July 25, 2023, and August 18, 2023, as well as participating in a Board workshop with the City Attorney and RBUSD's counsel on September 27, 2023.
The Board remains open to input from the public and the City and seeks to maintain a collaborative relationship with the Review Committee and City Council. However, at present, the Board is not inclined to propose any changes to the City Charter provisions concerning RBUSD.
Thank you for your ongoing understanding and consideration.
Sincerely,
DO BEACH UNIFIED SCHOOL DISTRICT
Ra hel Silverman
tr
Nemeth, Board President
cc: Michael Webb, City Attorney, City of Redondo Beach
Mike Witzansky, City Manager, City of Redondo Beach
Nicole Wesley, Ed.D., Superintendent, RBUSD
1401 Inglewood Avenue, Redondo Beach, California 90278 / Tel: 310.379.5449 / Fax: 310.372.5269 Board of Education:
Byung Cho • Dan Elder• Raymur Flinn • Rachel Silverman Nemeth • Rolf Strutzenberg Student Board Member:
Chloe Caywood
Superintendent of Schools:
Dr. Nicole Wesley
1 310485.v2
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH
CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD MARCH 5, 2024, TO SUBMIT TO THE VOTERS OF THE CITY AN
AMENDMENT TO THE CITY CHARTER TO PROVIDE FOR AN APPOINTED
CITY ATTORNEY
WHEREAS, the City’s Charter Review Advisory Committee has recommended the City Council propose to the City’s voters an amendment to the City Charter to change the elected position of City Attorney to an appointed City Attorney; WHEREAS, California Constitution, article XI, section 3 and California Government Code section 34458, subdivision (a) authorize the City Council to do so; WHEREAS, the proposed charter amendment will be presented to City voters at a statewide general election, as authorized by Elections Code section 1415, subdivision (a)(2);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redondo Beach as follows:
1. Pursuant to the requirements of the Redondo Beach City Charter and the laws of the State of California, a general municipal election is hereby called and ordered to be held in the City of Redondo Beach, California, on March 5, 2024.
2. At that election there shall be submitted to the qualified voters of the City of Redondo Beach an amendment to the City Charter to change the elected position of City Attorney to an appointed City Attorney.
3. The text of the measure, labeled as Measure XXX, which may be redesignated by the County Clerk, is attached hereto as Exhibit A, and incorporated herein by this reference.
4. The procedures for voting for and against the question shall be those established by Los Angeles County and the question shall be printed in substantially the following form:
2 310485.v2
MEASURE XXX. REDONDO BEACH APPOINTED
CITY ATTORNEY CHARTER AMENDMENT: Shall
the Redondo Beach City Charter be amended to change
the elected City Attorney position to a City Attorney
appointed by the City Council?
YES
NO
5. The ballots to be used at the election shall be in form and content as required by law.
6. The polls shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the California Elections Code.
7. The Board of Supervisors of Los Angeles County is requested to cause the precincts, polling places and election officers for said election to be established and cause the returns of said election to be canvassed and to certify the same to the City Council of the City of Redondo Beach. The vote requirement for passage of the measure is a majority of the votes cast (50% plus 1) as provided in California Constitution, article XI, section 3.
8. In all particulars not recited in this resolution, the election hereby called shall be as provided by law for holding municipal elections in the City.
9. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.
Adopted at the regular meeting of the City Council on the ____ day of _____ 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Eleanor Manzano, City Clerk
3 310485.v2
APPROVED AS TO FORM:
______________________________
Michael G. Colantuono, Special Counsel
4 310485.v2
Redondo Beach City Appointed City Attorney Charter Amendment Section 1. Section 10 of the Redondo Beach City Charter is hereby amended as follows:
Sec. 10 – Enumeration and term
The elective officers of the City, other than the Mayor and Council, shall consist of:
(a) A City Clerk.
(b) A City Treasurer.
(c) A City Attorney.
All of the elective officers shall serve for a term of four (4) years.
Section 2. Section 10.3 of the Redondo Beach City Charter is hereby amended as follows:
Sec. 10.3. Eligibility.
No person shall be eligible to file as a candidate or hold office as City Clerk, or City Treasurer, or City Attorney under Article X unless such person shall be a registered voter of the City of Redondo Beach at the time of filing his(her) 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.
Section 3. Section 11.2 (City Attorney) of the Redondo Beach City Charter is hereby repealed.
Section 4. Section 14.2 of the Redondo Beach City Charter is hereby adopted to read as follows:
Sec.14.2 – City Attorney
(a) The City Attorney shall be appointed by the City Council by a majority vote.
No person shall be eligible for the office of City Attorney unless admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the active practice of law in the State of California for at least five (5) years preceding the appointment. (b) The City Attorney shall have the power and shall be required to:
i. Represent and advise the City Council and all city officers in all matters of law pertaining to their respective offices and duties. ii. Represent and appear for the city and any city officer, employee or former city officer or employee, in any and all actions or proceedings in which the city or such officer or employee, by reason of official 5 310485.v2
capacity, is concerned or is a party. The City Council may employ other attorneys for any litigation or other matter of interest to the city. iii. Prosecute on behalf of the People any and all criminal cases arising from violations of this Charter or city ordinances; the City Attorney shall prosecute violations of State misdemeanors, unless otherwise directed by the City Council.
iv. Attend all meetings of the City Council, unless excused, and give advice or opinion orally or in writing whenever requested to do so by the City Council or by any boards or officers of the city. v. Approve the form of all bonds given to, and all contracts made by, the city, endorsing that approval thereon in writing.
vi. Prepare any and all proposed ordinances or resolutions for the city and amendments thereto.
vii. On vacating office, surrender to the successor all books, papers, files, and documents pertaining to the city’s affairs.
Section 5. The effective date of this Charter Amendment shall be April 1, 2025.