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2412-119 RESO CALLING CHARTER AMENDMENT - Publication w Exhibit 12102024.pdf

Redondo Beach City Council
December 10, 2024

Document
2412-119 RESO CALLING CHARTER AMENDMENT - Publication w Exhibit 12102024.pdf
Meeting
December 10, 2024
Body
Redondo Beach City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on redondo.legistar1.com. That file is the official record.

RESOLUTION NO. CC-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 1
RESOLUTION NO. CC-2412-119

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING RESOLUTION NO. CC-2412-114

ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF

CERTAIN MEASURES RELATING TO AMENDING CHARTER ARTICLE IX, SECTION 9.15, ARTICLE XVII, SECTION 17.9 AND ARTICLE XIX, SECTIONS 19 AND 19.5 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 at its Regular Meeting on December 3, 2024, adopted Resolution No. CC-2412-114, ordering the Submissions of certain measure relating to Publication, as well as, setting procedural details, and providing staff direction which includes returning to the City Council such amended resolution; 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 CAP
PROPOSED CHARTER AMENDMENT. Shall the publication
options for matters solely pertaining to the municipal affairs of the City be expanded to provide for alternatives to publication in the official newspaper of the City such as posting in three public places and on the City’s online website?
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 RESOLUTION NO. CC-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 2
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.

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.

RESOLUTION NO. CC-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 3

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.

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 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.

RESOLUTION NO. CC-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 4
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.

SECTION 22. That the City Council approves the letter designation of “CAP” 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 10th 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-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 5

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-2412-119 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 10th 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-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 6
EXHIBIT “A”

PROPOSED CHARTER AMENDMENT MEASURE CAP

THE PEOPLE OF THE CITY OF REDONDO BEACH CALIFORNIA, HEREBY AMEND ARTICLE IX, SECTION 9.15 ORDINANCES, PUBLICATION, ARTICLE XVII, SECTION 17.9 BUDGET HEARING AND ADOPTION, AND ARTICLE XIX, SECTIONS 19 AND 19.5 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.)

ARTICLE IV
§ 9.15. Ordinances, publication.

The City Clerk shall cause each ordinance, or a summary of each ordinance, to be published at least once in the official newspaper of said City within fifteen (15) days from and after the date of adoption of said ordinances; however as an alternative, that when an ordinance solely pertains to the municipal affairs of the City, except as otherwise provided by this Charter or by ordinance of the Council, the City Clerk may satisfy the publication requirement by posting the ordinance in at least three public places in the City as designated by the Council and posted on the City’s online website or other publicly available Citycontrolled internet site in lieu of such publication. § 17.9. Budget hearing and adoption.

Upon receipt of the proposed budget, the City Council shall set a time and place for a public hearing on the budget. Said hearing shall be held not more than thirty (30) days after receipt of the proposed budget and the City Council shall cause notice of such hearing to be given by publishing a notice in the official paper of said City at least ten (10) days prior to the hearing; however as an alternative, that when an ordinance solely pertains to the municipal affairs of the City, except as otherwise provided by this Charter or by ordinance of the Council, the City Clerk may satisfy the RESOLUTION NO. CC-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 7
publication requirement by posting the ordinance in at least three public places in the City as designated by the Council and posted on the City’s online website or other publicly available City-controlled internet site in lieu of such publication.

If the City Council is unable to complete the hearing at one session, it may adjourn from time to time until completed.

After the hearing, the City Council shall review the budget, considering matters brought forth at the hearing, make any revisions and adopt the same.

The City Council shall adopt the budget on or before June 30th of each year. § 19. Public works, contracts.

Every contract involving an expenditure of more than two hundred thousand dollars ($200,000.00) 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 as otherwise permitted by Section 19.5, or by State law; 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 two hundred thousand dollars ($200,000.00) 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 sixty thousand dollars ($60,000.00) 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.

RESOLUTION NO. CC-2412-119

PUBLICATIONS
CALLING ARTICLE IX - SECTION 9.15, ARTICLE XVII -SECTION 17.9, ARTICLE XIX – SECTIONS 19 & 19.5 PAGE NO. 8
(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.
§ 19.5. Legal notices, contract for publication.

The publication of legal notices or other matters solely pertaining to the municipal affairs of the City, except as otherwise provided in this Charter or by ordinance of the Council, may be accomplished by (1) posting copies thereof at three or more public places in the City as designated by the Council and posted on the City’s website. or; (2) publishing thereof in the official newspaper.

The publication of legal notices or other matters that do not solely pertain to the municipal affairs of the City shall be published in a manner consistent with applicable law.

The newspaper with which the Council contracts for publication of legal notices shall be deemed the official newspaper.

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