RESOLUTION NO. CC-2412-120
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RESOLUTION NO. CC-2412-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMEND RESOLUTION NO. CC-2412-115, ORDERING THE
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF CERTAIN
MEASURES RELATING TO AMENDING CHARTER ARTICLE VI CITY
COUNCIL SECTION 6.5. VACANCY, DECLARED BY COUNCIL, ARTICLE VIII THE MAYOR, ADDING SECTION 8.6 VACANCY, DECLARED BY COUNCIL, AND AMENDING ARTICLE X ELECTIVE OFFICES SECTION 10.2 ELECTIVE
OFFICES, VACANCIES, LEAVE OF ABSENCE, TEMPORARY
APPOINTMENTS FOR RESIDENCY, AND SETTING PROCEDURAL DETAILS; FOR THE ELECTION TO BE HELD ON TUESDAY MARCH 4, 2025, AS CALLED BY RESOLUTION 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- 2412-115, ordering the submissions of certain measure relating to residency, 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 CAR
PROPOSED CHARTER AMENDMENT. Shall the residency
requirements for every Elected Official of the City be defined and apply to each position throughout their term of office? 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 RESOLUTION NO. CC-2412-120
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(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.
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 RESOLUTION NO. CC-2412-120
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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.
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, RESOLUTION NO. CC-2412-120
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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 CAR. 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 “CAR” 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 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-2412-120
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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-2412-120 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
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EXHIBIT “A”
PROPOSED CHARTER AMENDMENT MEASURE CAR
THE PEOPLE OF THE CITY OF REDONDO BEACH CALIFORNIA, HEREBY AMEND ARTICLE VI CITY COUNCIL SECTION 6.5. VACANCY, DECLARED BY COUNCIL, ADD ARTICLE VIII THE MAYOR SECTION 8.6 VACANCY, DECLARED BY COUNCIL, AND AMEND ARTICLE X ELECTIVE OFFICES SECTION 10.2 ELECTIVE OFFICES, VACANCIES, LEAVE OF
ABSENCE, TEMPORARY APPOINTMENTS 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.)
§ 6.5. Vacancy, declared by Council.
If a member of the City Council is absent from all regular meetings of the City Council for four (4) consecutive regular meetings from and after the last regular City Council meeting, attended by such Councilmember unless by permission of the City Council as evidenced by its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a resident of the district from which such Councilmember was elected, such Councilmember's office shall become vacant and shall be so declared by the City Council. “Resident” for this section is based on a person’s domicile. The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.
§ 8.6. Vacancy, declared by Council.
If the Mayor is convicted of a crime involving moral turpitude, or ceases to be a resident of the City of Redondo Beach, the Mayor’s office shall become vacant and shall be so declared by the City Council. “Resident” for this section is based on a person’s domicile. The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning.
At a given time, a person may have only one domicile.
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§ 10.2. Elective offices, vacancies, leaves of absence, temporary appointments.
In the event any elective official described in Article X, Section 10, is unable by reason of illness to perform the duties of such elective official's office, the City Council shall grant, without the necessity of any written request for such leave by the official, to such official a leave of absence with pay, for a period of not to exceed six (6) months. Upon the granting of such leave of absence the City Council shall make a temporary appointment for the duration of the leave of absence. In the event any elective official of the City of Redondo Beach is absent from said City for thirty (30) consecutive days or in the event that such elective official does not perform such elective official's duties for thirty (30) consecutive days, unless such elective official has the permission of the City Council to be absent from the City for thirty (30) consecutive days or to refrain from performing such elective official's duties for longer than such period, such permission being expressed in the official minutes of the City Council, or in the event such official is convicted of a crime involving moral turpitude, ceases to be a resident of the City of Redondo Beach, or otherwise ceases for any reason to be eligible to hold such official's office, such official's office shall become vacant and shall be so declared by the City Council. “Resident” for this section is based on a person’s domicile. The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.