RESOLUTION NO. CC-2412-112 - CITY CLERK POWERS AND DUTIES
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RESOLUTION NO. CC-2412-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS
OF THE CITY OF CERTAIN MEASURES RELATING TO AMENDING
CHARTER ARTICLE XI ELECTIVE OFFICERS, POWERS AND DUTIES SECTION 11 CITY CLERK, ARTICLE XII CITY MANAGER POWERS AND DUTIES SECTION 12.3 POWERS AND DUTIES, AND ARTICLE XX FUNDS, DISBURSEMENTS AND LIABILITY SECTION 20.1 APPROVAL OF DEMANDS AND SETTING PROCEDURAL DETAILS; FOR THE ELECTION TO BE HELD ON TUESDAY MARCH 4, 2025, AS CALLED BY RESOLUTION NO. CC-2410- 090.
WHEREAS, a General Municipal Election on Tuesday March 4, 2025 has been called by Resolution No. CC-2410-090, adopted on October 15, 2024; 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, 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, there is called and ordered to be held in the City of Redondo Beach, California, on Tuesday, March 4, 2025, for the purpose of submitting the following proposed charter amendments:
MEASURE CCD – (Temporary Preliminary Proposed Ballot Title. The City Attorney will provide options via Blue Folder.)
PROPOSED CHARTER AMENDMENT. Shall the City Clerk’s
Powers and Duties be amended pertaining to overseeing all City elections, reviewing expenditures, having access to the City’s financial system, approving payments, and having the authority to contest within 45-days of final disposition; and to also update appropriate language pertaining to the City Clerk’s approval on demands and on the City Manager’s duties for consistency be adopted?
YES
NO
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MEASURE CCQ - (Temporary Preliminary Proposed Ballot Title. The City Attorney will provide options via Blue Folder.)
PROPOSED CHARTER AMENDMENT. Shall the qualifications
related to the City Clerk be expanded to include four (4) years of experience as a County of City Clerk; or Registrar in the State of California; or a Bachelor’s degree and five (5) years of experience in accounting?
YES
NO
SECTION 2. That the text of the proposed charter amendment to be submitted to the voters are attached as Exhibit A and B.
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 in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. 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.
ARGUMENTS FOR AND AGAINST
SECTION 7. 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 8. That pursuant to the above the City Council does authorize the following member(s) of its body: _____________________ for, to file written arguments In Favor of City measures as specified above not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, pursuant to California Elections Code Section 9282 (c). The arguments may be changed or withdrawn until Tuesday, December 17, 2024 at 5:30 p.m., after which no arguments for or against the City measure may be submitted to the City Clerk.
SECTION 9. That the City Clerk/Elections Official is directed to follow the format for ballot arguments provided in subsections (d), (e) and (f) of Section 9282 of the California Elections Code.
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SECTION 10. No more than five signatures shall appear with any argument submitted. In case any argument is signed by more than five authors, the signatures of the first five shall be printed. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
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, Tuesday, December 17, 2024 at 5:30 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.
SETTING PRIORITIES FOR ARGUMENTS
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.
REBUTTAL ARGUMENTS FOR AND AGAINST
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.
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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 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 Thursday, January 2, 2025 at 5:30 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.
IMPARTIAL ANALYSIS
SECTION 21. The City Clerk/Elections Official shall transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected.
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 Thursday, January 2, 2025 at 5:30 p.m.
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LETTER DESIGNATION
SECTION 22. That the City Council approves the letter designations of “___” and “___” for identification of the ballot measure.
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 3
rd day of December, 2024.
________________________________
James A. Light, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk RESOLUTION NO. CC-2412-112 - CITY CLERK POWERS AND DUTIES
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CERTIFICATION
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-2412-112 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 3 rd
day of December, 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-2412-112 - CITY CLERK POWERS AND DUTIES
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EXHIBIT “A”
PROPOSED CHARTER AMENDMENT MEASURE __
THE PEOPLE OF THE CITY OF REDONDO BEACH CALIFORNIA, HEREBY AMEND SECTION 11 OF ARTICLE XI, 12.3 OF ARTICLE XII, AND 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 strikeout type.)
Sec. 11. City Clerk.
The City Clerk shall have the power and be required to:
(a) Be represented at all meetings of the City Council personally or through a deputy. Record and maintain a true and correct record of all of the proceedings of the City Council in books devoted solely to such purposes. Such books shall have a comprehensive index to enable persons readily to ascertain matters contained therein;
(b) Compile and maintain ordinance and resolution books, in which shall be recorded all City Ordinances and Resolutions with the certificate of the Clerk annexed thereto to each said resolution or ordinance, together with a statement that the same is a true and correct copy, giving the numbers of said ordinances or resolutions and, as to an ordinance, a statement that the same has been published according to the requirements of this Charter;
(c) Be the custodian of the seal of the City of Redondo Beach; (d) Administer oaths or affirmations, take affidavits and depositions testimony as needed pertaining to the affairs and business of the City and certify copies of official records;
(e) Oversee all City elections and Pprovide all elective officials with certificates of election properly authenticated to by himself the City Clerk and appointive officers with certificates of appointment;
(f) Have charge of the administration of Review the expenditures financial affairs of the City which are under the direction of the City Manager, and in connection therewith shall have the power and be required to: access to the City’s financial system and, at the City Clerk’s discretion, review and approve City RESOLUTION NO. CC-2412-112 - CITY CLERK POWERS AND DUTIES
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expenditures prior to payment to identify any irregular transactions. Any identified irregularities or approvals contested by the City Clerk shall first be resolved in conjunction with the City Manager or their designee. Any unresolved irregularities or contested approvals shall be presented to the City Council for final disposition within 45 days of when the information in question was first made available to the City Clerk.
(g) Participate during the process in review of accounting procedures and annual audit expenditures.
(h) Periodically, not more than once a year audit areas of City expenditures such as accounts payable, payroll, fixed assets, and journal entries. (1) Prepare and assemble the budget expense and capital estimates for the City Manager;
(2) Supervise all expenditures and disbursements to insure that budget appropriations are not exceeded;
(3) Provide and maintain a general accounting system for the City government and each of its offices, departments and agencies; keep books for and prescribe the financial forms to be used by each office, department and agency; (4) Supervise the maintenance of current inventories of all property, real and personal, by the respective officers in charge thereof and periodically to audit the same;
(5) Submit to the City Council, through the City Manager, a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a financial statement and report; and
(6) To approve, except as to correctness, together with the City Manager, before payment, all bills, invoices, payrolls, demands or charges against the City government.
Please Note: Qualifications on this Measure will appear as a separate Ballot Measure.
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Article XX. Funds, Disbursements and Liabilities
Sec. 20.1. Approval of demands.
All demands shall, prior to payment, be approved by the City Manager and the City Clerk or, if contested by the City Clerk, by the City Council. 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.
Article XII. City Manager
Sec. 12.3. Powers and duties.
The City Manager shall be the chief administrative officer and the head of the administrative branch of the City government. The City Manager shall be responsible directly to the City Council for the proper administration of all affairs of the City, and the City Manager shall have power and be required to:
(a) Appoint, remove and assign, and supervise and direct the activities of all non- elected department heads and employees of the City, subject to the provisions of this Charter and the ordinances, Civil Service Rules and Regulations of the City and directives of the City Council; provided, however, that the City Manager shall not have any such or other authority over the City Attorney, City Treasurer or City Clerk, except as specifically provided in section 11(f) of this Charter, or over their Assistants and Deputies appointed in accordance with the provisions of this Charter and provided, further, that the City Attorney, City Treasurer and City Clerk shall supervise and direct the day-to-day work assignments of the employees assigned to their respective departments.
(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after the adoption of the budget. (c) Prepare and submit to the City Council at the end of each fiscal year a complete report on the finances and administrative activities of the City for the preceding year, including all activities as City Manager. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable and in the best interests of said City.
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(e) Appoint and remove, subject to the provisions of this Charter and the Civil Service ordinances, rules and regulations of the City of Redondo Beach, all department heads of the City except as herein otherwise provided, and pass upon and approve all proposed appointments and removals of subordinate employees by department heads.
(f) Perform such other duties as may be prescribed by this Charter or required of the City Manager by the City Council not inconsistent with this Charter. (g) Attend all of the meetings of the City Council and have the right to participate in the deliberations of the City Council, but shall not have a vote at such meetings. (h) The City Manager shall appoint, subject to the approval of the City Council, one of the other city officers as Manager pro tempore during any temporary absence or disability of the City Manager.
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EXHIBIT “B”
PROPOSED CHARTER AMENDMENT MEASURE __
THE PEOPLE OF THE CITY OF REDONDO BEACH CALIFORNIA, HEREBY AMEND THE QUALIFICATION FOR THE CITY CLERK IN SECTION 11 OF ARTICLE XI 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.)
Sec. 11. City Clerk.
No person shall be eligible for office of City Clerk unless at the time of filing their nomination papers such person shall have:
(1) Successfully completed, with a passing grade, at least 15 units consisting of the following courses: elementary accounting; intermediate accounting; advanced accounting; auditing; cost accounting; and municipal and governmental accounting. Said courses shall have been completed at a collegiate institution, either in residence or in extension, or in a recognized private school of equal educational standards. Five years experience in municipal accounting, in a responsible position may be substituted for the educational requirements; or (2) Four years of experience as a County or City Clerk, Deputy Clerk, or Registrar in the State of California; or
(3) A Bachelor’s Degree from an accredited college or university and five years of experience in a responsible position involving public or private sector accounting.