RESOLUTION NO. CC 2211- 105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, ORDERING THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY
OF CERTAIN MEASURES RELATING TO AMENDING
CHARTER SECTIONS 19, 19. 1, 19. 7, 19. 9; FOR THE
ELECTION TO BE HELD ON TUESDAY MARCH 7, 2023, AS
CALLED BY RESOLUTION NO 2210- 079.
WHEREAS, A General Municipal election on Tuesday, March 7, 2023 has been called by Resolution No. 2210- 079, adopted on October 11, 2022; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendments to the voter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA 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, there is called and ordered to be held in the City of Redondo Beach, California, on Tuesday, March 7, 2023, a General Municipal Election for the purpose of submitting the following proposed charter amendments:
MEASURE CA1
PROPOSED CHARTER ARTICLE XIX AMENDMENT. Shall
YES
Sections 19, 19. 1, 19. 7 and 19. 9, for public works contracts; YES competitive bidding, when not required; progress payments; municipal purchases be amended to increase dollar thresholds; been actually delivered or rendered" and replace with " amount is legally due", thereby permitting the City to pay deposits on NO authorize, by ordinance, future revisions adopted by 4/ 5 vote by no more than 25%, and no less than 5 years between amendments; to NO
define maintenance and repairs by ordinance or resolution; to decrease progress payments from 10% to 5%; and further defining municipal urchases?
MEASURE CA2
PROPOSED CHARTER ARTICLE XX AMENDMENT. Shall Section
YES
20. 1, Approval of Demands be amended to remove " supplies, materials, property or services for which payment is claimed, have been actually delivered or rendered" and replace with " amount is legally due", thereby permitting the City to pay deposits on NO purchases?
RESOLUTION NO. CC -2211- 105
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Section 2. That the text of charter amendments submitted to the voters are attached as Exhibit A and B.
Section 3. That the vote requirement for the measures to pass is a majority 50%+ 1 of the votes cast.
Section 4. 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 5. 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 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
PASSED, APPROVED AND ADOPTED this 15th day of November, 2022.
For
APPROVED AS TO FORM:
DocuSigned by:
R( a
669049EDE03D402...
Michael W. Webb, City Attorney
RESOLUTION NO. CC -2211- 105
SUBMISSION OF CERTAIN MEASURES
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DocuSigned by:
DC2AM6CA98045B...
William C Brand, Mayor
Nils H. Nehrenheim,
Mayor Pro Tempore
ATTEST:
EDocuSigned by:
214CF
Eleanor Manzano, CMC, City Clerk
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 the foregoing Resolution No. CC -2211- 105 was duly passed, approved and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 15th day of November, 2022, by the following roll call vote:
AYES: NEHRENHEIM, LOEWENSTEIN, HORVATH, OBAGI, JR., EMDEE NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
E
D'ocuSigned by:
72F2AC716C214CF...
Eleanor Manzano, CMC
City Clerk
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EXHIBIT " A"
PROPOSED CHARTER AMENDMENT MEASURE CA1
THE PEOPLE OF THE CITY OF REDONDO BEACH CALIFORNIA, HEREBY AMEND SECTIONS 19, 19. 1, 19. 7, AND 19. 9 OF ARTICLE XIX 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 Sec. 19. Public works, contracts.
Every contract involving an expenditure of more than fAy two hundred thousand dollars 5200, 000. 00) for public works projects, including the construction of improvements of public buildings, streets, drains, sewers, utilities, parks and playgrounds shall be let either to: ( 1) the lowest responsible bidder, after notice by publication in the official newspaper by one or more insertions, the first of which shall be published at least ten ( 10) days before the time for opening bids; or (2) the best value design -builds entity or best value design -build -operate entity responding to a request for proposals.
Public works projects of fifty two hundred thousand dollars ($15200, 000. 00) or less may be let to contract by informal bid procedures as shall be set by the City Council by ordinance.
Public works projects of fifteen sixty thousand dollars ($ 4-560, 000. 00) or less may be performed by employees of the City by force account, by negotiated contract or by purchase order.
The Council may by ordinance with four-fifths (4/ 5ths) vote amend each of the above dollar limits by no more than twenty-five percent (25%), and no less than five ( 5) years between amendments.
The Council may reject any and all bids received whenever in the opinion of the City Council:
a) The bid or bids do not strictly comply with the notice and specifications. b) The Council finds and determines that the proposed project or purchase should be abandoned.
c) The Council finds and determines that the materials may be purchased more reasonably on the open market and the work done cheaper by day or City labor. d) The Council determines that the bids are higher than anticipated and a new call for bids would result in savings to the City.
e) The Council determines that it would be in the best interest of the City to delay the work or purchase for an indefinite period of time.
f) The best interests of the City would be served by a rejection of all bids. g) The proposal is not suitable for the project.
19— as amended by election 4- 11- 67, 3- 7- 89 and 3- 6- 01.
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Sec. 19. 1. Competitive bidding, when not required.
It shall not be necessary for the City Council to publish notice calling for bids or to receive bids as required in Article XIX, Section 19, in the following cases:
a) Where the proposed work consists of maintenance or repair, as defined by the City Council by ordinance or resolution.
b) When the City Council, upon recommendation of the City Manager, finds and determines that the work may be done more reasonably either on a daily basis or by the use of City labor, and/ or materials may be purchased as cheaply on the open market. c) When the City Council by four-fifths ( 4/ 5) vote expressed in its official minutes finds and determines that an emergency exists and it is necessary to immediately contract for such work and/ or materials in order to protect and preserve life or property. d) When the proposed services are not competitive or are to be furnished by a public utility.
19. 1— COMPETITIVE BIDDING, WHEN NOT
REQUIRED— as amended by election 4- 13- 65.
Sec. 19. 7. Contracts, progress payments.
All contracts entered into by or on behalf of the City of Redondo Beach may provide for percentage payments at various stages of the work contracted for provided, however, that at least 0) five (5) per cent of the total sums payable by the City of Redondo Beach under any public works contract shall be withheld until the work is approved by the department head and accepted by the City Council. The City Council shall not accept complete performance under any contract until satisfactory evidence is furnished that all labor and material liens have been completely satisfied by the contractor.
Sec. 19. 9. Municipal purchases.
The City Council by ordinance, upon recommendation of the City Manager, shall provide for the purchase of all equipment, materials, supplies, labor, or services by the City through the City Manager or through some official, employee or department recommended by him, subject to other provisions of this Charter, and in accordance with such regulations as may be deemed advisable by the City Manager and the City Council.
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PROPOSED CHARTER AMENDMENT MEASURE CA2
THE PEOPLE OF THE CITY OF REDONDO BEACH CALIFORNIA, HEREBY AMEND SECTION 20. 1 OF ARTICLE XX 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 strikee it type.)
Sec. 20. 1. Approval of demands.
All demands shall, prior to payment, be approved by the City Manager and the City Clerk.
Prior to the approval of any demands by them, they shall satisfy themselves that the amount is legally due
that the payment, authorized by law, is just and fair, and that appropriation for the same has been made. All payrolls shall be certified by the respective department heads and approved by the City Manager.
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