RESOLUTION NO. CC-2408-065
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RESOLUTION NO. CC-2408-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,
CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, TO
CONSOLIDATE WITH THE LOS ANGELES COUNTY STATEWIDE ELECTION,
AND ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS OF THE
CITY OF A MEASURE RELATING TO CHARTER AMENDMENT ARTICLE XVI REDONDO BEACH UNIFIED SCHOOL DISTRICT SECTION 16.1, AND SETTING PROCEDURAL DETAILS.
WHEREAS, the Redondo Beach Unified School District (“RBUSD”) the School Board (“Board”) submitted a letter dated May 29, 2024, to the City Council on July 9, 2024, with recommendations to the City Council requesting a Charter Amendment to Article XVI, Section
16.1, to remove the current compensation restrictions; and WHEREAS, the Redondo Beach Unified School District (“RBUSD”) the School Board reached a recommendation at a regularly scheduled meeting on May 16 and May 28, 2024, that it provided to the City Council for consideration. Said recommendation arose from an acknowledgment that the California Education Code and the California Government Code aptly regulate the issue of school board compensation. These statutes provide a standardized framework for offering modest remuneration to Board members, including provisions for necessary expense reimbursements.
Further, the Board stated that the language in question, a relic of the 1940s, is at odds with the current statutes of California's
WHEREAS, pursuant to authority provided by Sections 1415(a)(2)(A) and 9222 of the California Elections Code, the City Council of the City of Redondo Beach submits to the voters proposed amendments to the City Charter Article XVI, Sections 16.1; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendments to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: That pursuant to the California Constitution, Article XI and the Government Code, Title 4, Division 2, Chapter 2 (commencing at section 34450) and the Election Code Division 9, Chapter 3, Article 3 (commencing at section 9255) of the State of California, that the City Council, pursuant to its right and authority, does hereby order submitted to the voters at a Special Municipal Election, consolidated with the LA County Statewide General Election on November 5, 2024, for the purpose of submitting the following proposed charter amendment:
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PROPOSED CHARTER AMENDMENT. Shall Article XVI Redondo
Beach Unified School District pertaining to Section 16.1, Board Members, remove the language “without compensation, except necessary expenses when acting as a designated representative of the Board of Education as provided in the Education Code of the State of California”?
YES
NO
SECTION 2. That the text of the proposed charter amendment to be submitted to the voters are attached as Exhibit “A”.
SECTION 3. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast.
SECTION 4. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 5. That the City Clerk/Elections Official is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 6. That the polls/vote centers for the election 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/vote centers shall be closed, pursuant to Election Code Section 10242, except as provided in Sections 14212, 14401 of the Elections Code of the State of California.
SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 8. That 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.
SECTION 9. Pursuant to Section 9282(b) of the California Elections Code, the City Council, or any member or members of a legislative body authorized by the City Council, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations may file a written argument for or against a city measure.
SECTION 10. That pursuant to the above the City Council does authorize the following member(s) of its body: ____________for, _____________for, ______________ for, to file written arguments In Favor of City measure as specified above not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the RESOLUTION NO. CC-2408-065
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Elections Code of the State of California. The arguments may be changed or withdrawn until Friday, August 16, 2024 by 5:00 p.m., after which no arguments for or against the City measure may be submitted to the City Clerk.
SECTION 11. The arguments shall be filed with the City Clerk/Elections Official, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
SECTION 12. That based on the time reasonably necessary to prepare and print the arguments and sample ballots and to permit the ten-calendar-day public examination period, the Los Angeles County Registrar Records/County Clerk has authorized Friday, August 16, 2024 by 5:00 p.m., as the date after which no arguments for or against a City measure may be submitted to the City Clerk/Elections Official for printing and distribution to the voters.
SECTION 13. That if more than one argument for or against the measures is submitted to the City Clerk/Elections Official within the time prescribed, pursuant to Section 9287 of the California Elections Code, City Clerk/Elections Official shall select, pursuant to Section 6, one of the arguments in favor and one of the arguments against the Measure for printing and distribution to the voters.
SECTION 14. That the City Clerk/Elections Official shall give preference and priority, in the order named, to the arguments of the following:
(a) The City Council, or member(s) or members of the body authorized by the City Council.
(b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure.
SECTION 15. That pursuant to Section 9285(a)(1) of the California Elections Code, after the City Clerk/Elections Official has selected the arguments for and against each measure which will be printed and distributed to the voters, the Election Official shall send a copy of the argument in favor of each measure to the authors of the argument against each measure, and a copy of the argument against each measure to the authors of the argument in favor of each measure.
SECTION 16. That pursuant to Section 9285(a)(2) of the California Elections Code that author or a majority of the authors of an argument relating to a city measure RESOLUTION NO. CC-2408-065
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may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
SECTION 17. That pursuant to Section 9285(a)(3) of the California Elections Code rebuttal arguments may not exceed 250 words.
SECTION 18. That pursuant to Section 9285(a)(4) of the California Elections Code rebuttal arguments relating to a city measure shall be filed with the Elections Official no later than 10 days after the final filing date for primary arguments, the Election Official has fixed August 26, 2024 by 5:00 p.m. The rebuttal argument shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
SECTION 19. That rebuttal arguments shall be filed with the City Clerk/Elections Official, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.
SECTION 20. That pursuant to Section 9285(a)(5) of the California Elections Code all rebuttals may not be signed by more than five persons and shall be printed in the same manner as a primary argument and shall immediately follow the primary argument which it seeks to rebut.
SECTION 21. The City Clerk/Elections Official shall transmit a copy of the measure to the City Attorney.
a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city.
c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: “The above statement is an impartial analysis of Ordinance or Measure __. If you desire a copy of the ordinance or measure, please call the Elections Official’s office at (310) 318-0656 and a copy will be mailed at no cost to you.”
d. The impartial analysis shall be filed with the City Clerk/Elections Official by Friday, August 26, 2024 by 5:00 p.m.
SECTION 22. That the City Council approves the letter designations of “__”, “__”, and “__” as the first, second, and third choice, respectively for the submission to the Los Angeles County Clerk/Registrar Recorder for identification of the ballot measure.
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SECTION 23. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the Book of Original Resolutions.
PASSED, APPROVED AND ADOPTED this 6th day of August, 2024. ________________________________
James A. Light, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2408-065
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Resolution No. CC-2408-065 was passed and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 6th day of August, 2024, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Eleanor Manzano, CMC
City Clerk
RESOLUTION NO. CC-2408-065
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EXHIBIT “A”
PROPOSED CHARTER AMENDMENT MEASURE __
THE PEOPLE OF THE CITY OF REDONDO BEACH, CALIFORNIA, HEREBY AMEND SECTION 16.1 BOARD MEMBERS OF ARTICLE XVI REDONDO BEACH UNIFIED
SCHOOL DISTRICT OF THE CHARTER OF THE CITY OF REDONDO BEACH TO READ AS FOLLOWS:
(NOTE: New provisions or language added to the existing Charter section are shown in BOLDFACE type; words and figures deleted from the existing charter section are shown in strikeout type.)
§ 16.1 Board members.
The government and control of the public schools shall be vested in the Board of Education, consisting of five (5) members. No person shall be eligible to hold the office of member of the Board of Education unless such person shall have been a resident of the territory included in the Redondo Beach Unified School District for at least thirty (30) days immediately preceding the date of filing such person's declaration of candidacy.
They shall be elected at large by the registered voters of the district and shall serve for a four (4) year term.,without compensation, except necessary expenses when acting as a designated representative of the Board of Education as provided in the Education Code of the State of California.
*18.4—as added by election 11-4-80; as amended by election 11-6-84, 3-7-95 and 3-7-23.