City of Culver City, California
City Council Agenda Item Report
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RECOMMENDATION:
Staff recommends the City Council:
1. Discuss the roles of the various City Commissions;
2. Introduce an Ordinance repealing and replacing Chapter 3.03 of the Culver City
Municipal Code (CCMC) relating to City Commissions and Agencies;
3. Adopt a Resolution amending City Council Adopted Policy 2007-01 entitled “City
Commissions,” and repealing Resolution No. 2007-R029.
4. Introduce an Ordinance adding Chapter 5.06 to the CCMC designating the Public
Works Director as the person responsible for street and parkway trees and
repealing Sections 9.10.025 through 9.10.040 of Chapter 9.10 of the CCMC;
Meeting Date: 04/07/2008 Item Number: A-2
AGENDA ITEM: 1) Discussion of the Roles of City Commissions under the New
City Charter; 2) Introduce an Ordinance Repealing and Replacing Chapter 3.03 of
the Culver City Municipal Code (CCMC) Relating to City Commissions and
Agencies; 3) Adopt a Resolution Amending City Council Adopted Policy 2007-01
Entitled “City Commissions,” and Repealing Resolution No. 2007-R029; 4)
Introduce an Ordinance Adding Chapter 5.06 to the CCMC Designating the Public
Works Director as the Person Responsible for Street and Parkway Trees and
Repealing Sections 9.10.025 through 9.10.040 Of Chapter 9.10 of the CCMC; 5)
Introduce an Ordinance Amending Section 7.01.230.B.2 of the CCMC Clarifying
those Individuals Eligible to Receive Parking Decals Which Exempt their Vehicles
from Parking or Standing Provisions; and 6) Adopt a Resolution Amending City
Council Policy Statement Number 3003 Entitled “Issuance of City Parking Decals”
and Rescinding Resolution No. 95-R005
Contact Person/Dept.:
Martin R. Cole, Asst. City Manager
Phone Number:
(310) 253-6000
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: City Commissioners (04/02/08); Master Notification List (04/02/08)
Department Approval:
Martin R. Cole (04/02/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/02/08)
Fiscal Impact Review:
Jeff Muir (04/02/08)
City Manager Approval:
Jerry B. Fulwood (04/02/08) City of Culver City, California
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5. Introduce an Ordinance amending Section 7.01.230.B.2 of the CCMC clarifying
those individuals eligible to receive parking decals which exempt their vehicles
from parking or standing provisions;
6. Adopt a Resolution amending City Council Policy Statement Number 3003
entitled “Issuance of City Parking Decals” and rescinding Resolution No. 95-
R005.
BACKGROUND:
Since its incorporation in 1917, the City of Culver City has grown in both size and
population. As the City has “evolved,” over the past 90 years, the City Council has
(either by the former City Charter’s requirement or under its own prerogative)
determined to create four Commissions to provide advice to the City Council on the
general topics of (1) Civil Service, (2) Cultural Affairs, (3) Parks and Recreation, and
(4) Planning. In addition to providing advice to the City Council, under the former
Charter and existing provisions of the Culver City Municipal Code (CCMC), several
of the Commissions currently perform duties which may result in final decisions.
On April 11, 2006, the voters of Culver City approved a new City Charter (New
Charter). The New Charter became effective on July 1, 2006 (Attachment 1).
Among several significant changes implemented as part of the New Charter, the
following provision related to the City’s Commissions was adopted:
SECTION 1100. IN GENERAL.
The City Council may, by ordinance, establish and abolish
such commissions and boards as it may determine, from
time to time, to be necessary for the effective and efficient
governance of the City, to encourage citizen participation in
local government and maintain positive human relations in
the community.
Given this provision in the New Charter, the City Council has an opportunity to
review the City’s Commissions as it considers the existing regulations in the CCMC,
as well as current City Council Policies and Resolutions. In addition, at a facilitated
meeting held in February, 2007 which included several of the City’s Commissioners,
the City Council discussed the operations of the City’s Commissions and considered
several insightful comments from City Commissioners.
As a result of the facilitated meetings, the City Council adopted Resolution No. 2007-
R029, City Council Adopted Policy 2007-01, entitled “City Commissions,” which
provides Commissioners guidelines for Code of Conduct, Interaction with the City City of Culver City, California
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Council and Staff, and other topics (Attachment 2). In addition, the City Council
created a City Council Subcommittee regarding Commissions and appointed Vice
Mayor Gross and Councilmember Rose to assist staff in preparing a
recommendation to the City Council relating to the roles of City Commissions. After
reviewing the provisions of the New Charter along with the existing provisions of the
CCMC, incorporating ideas from the Facilitated Meetings, and reviewing practices in
other cities, staff has prepared this report for the City Council’s consideration which
reflects the general guidance provided by the Subcommittee.
DISCUSSION:
One of the important general concepts espoused by the Charter Review Committee
in recommending the New Charter to the City Council was to streamline the
management of the City under the policy direction of the City Council and the
operational management of a City Manager. As part of that streamlining, the New
Charter provided the specific opportunity embodied in Section 1100 for the City
Council to review the structure under which the City’s Commissions are created,
members appointed, and business transacted. The following paragraphs outline the
general issues embodied in the proposed Ordinances and Resolutions,
(Attachments 3 through 7).
General Operational Items Applicable to all Commissions
The former Charter and existing CCMC provided for differing provisions relating to
the creation and general role, membership, appointment/removal process, parking
decals, Official City Identification, and allowance for attending meetings. The
following items are proposed to apply to all Commissions:
(1) Creation and General Role
The New Charter provides that the City Council may create Commissions by
Ordinance. Therefore, attached for the City Council’s consideration is an Ordinance
which clarifies and updates the structure, membership, and duties of each of the
City’s four Commissions. (Attachment 3). Included in the proposed ordinance are
provisions which standardize, where appropriate, various procedures which the
Subcommittee and staff believe should be standardized amongst all Commissions
for the effective and efficient governance of the City in accordance with the New
Charter.
The Subcommittee also recommends that training for Commissioners be subject to
the prior approval of the Department Head or the City Manager. The attached City of Culver City, California
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revised City Council Adopted Policy 2007-01 has an appropriate amendment
(Attachment 4).
(2) Policy Creation
Under the New Charter (see Section 300), the authority to provide policy direction
vests in the City Council. Additionally, Section 700 provides the City Manager with
the authority to “direct and supervise the administration of all City Departments.” To
implement this structure, the proposed Ordinance includes provisions clearly
defining the specific role of Commissions to act in an advisory capacity to the City
Council which is the sole body charged with providing policy direction.
(3) Membership
Under the New Charter (see Section 602), candidates for the office of City Council
are required to be: (1) residents of the City and (2) qualified electors (registered
voters) for the 30 days immediately preceding the filing of nomination papers and
during their term of office. It is proposed these requirements related to residency
and voter registration be replicated for membership of all four Commissions
(currently such a requirement is only applicable to the Civil Service and Planning
Commission).
(4) Appointment/Removal and Disciplinary Process
As the elected, policy-making body, the City Council is the highest authority in
Culver City. As such and in accordance with the New Charter, the City Council is
empowered to establish and abolish Commissions. As creations of the City Council,
Commissions are subject to the general oversight of the City Council and
Commissions and their members must comply with policies and other actions
adopted by the City Council. Furthermore, as representatives of the City Council,
Commissions and their members are held to a very high standard of conduct.
Therefore, it is proposed that the City Council may appoint Commissioners with a
simple majority vote and remove Commissioners with a 4/5ths vote, with or without
cause. Commissioners serve at the pleasure of the City Council and, other than the
vote requirement noted, may be appointed or removed under that standard.
As a result of comments provided by Commissioners to the City Manager when the
City Council Policy was presented to each Commission, staff is also providing
examples of misconduct which would subject a Commissioner to disciplinary
proceedings. Also, should it become necessary to discipline Commissioners, the
amended City Council Adopted Policy 2007-01 provides for various means of
discipline available to the City Council (See Attachment 4).
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(5) Terms
The CCMC currently provides for a term of four years with a limit of two consecutive
terms (and the ability to re-apply for additional terms with an absence of two years
between terms).
The Subcommittee recommends the City Council adopt terms for the Commissions
that meet the following criteria:
(a) The City Council shall consider appointments to Commissions in May and
Commission terms shall begin on July 1 of odd numbered years (except
where an unexpected vacancy occurs)
(b) Commission terms shall be staggered in a fashion similar to that of the City
Council (as a hypothetical example, three seats shall hold terms from July 1
2008 to June 30 of 2011 and two seats shall hold terms from July 1 2008 to
June 30,2009.
(c) Commissions with memberships of more than five persons shall be
staggered in a similar fashion as determined by the City Council at the time
creation of such a Commission is considered by the City Council.
Under these proposed criteria, 2008 will be the first “transition year” with some or all
of the Commissioners appointed in 2008 subject to a term of less than four years
(most likely a three year term). Should the City Council adopt these proposals, staff
would prepare a listing of Commission seat appointments subject to the transition
provisions.
The Subcommittee members had differing opinions on the issue of term limits.
Therefore, it is presented as an option for the City Council’s consideration.
(6) Attendance at and Frequency of Meetings
City Council Policy 3304 states in pertinent part:
“All members of the Civil Service Commission, Planning Commission and Human
Services and Park Commission (Parks and Recreation Commission), and any
other Commission hereafter created or established, and members of the
Landlord-Tenant Mediation Board shall be entitled to a monthly allowance of fifty
dollars ($50.00); provided, however, no such allowance shall be paid unless the
members attend at least one scheduled meeting per month.”
Staff recommends the City Council include a provision in the CCMC giving the City
Council authority to establish, by resolution, an allowance for members of City of Culver City, California
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Commissions, Boards, and Committees. City Council Policy 3304 would remain in
place until such time as the City Council adopts a Resolution amending such policy.
The Subcommittee recommended there be a definition of the term “attendance” for
(1) use in determining eligibility for payment of the monthly allowance (if any) and (2)
for the City Council’s use when determining re-appointment and/or removal of
Commissioners. Staff also recommends adopting a standard definition for the term
”meeting.” The proposed Ordinance (see Attachment 3) includes the definition of
the following terms:
Attendance: Attendance at a meeting shall be established when a
Commissioner is present for a minimum of 50% of the duration of the meeting.
Duration of the meeting shall be the total time period elapsed from the convening
of the meeting until the adjournment of the meeting, including any recesses.
Meeting: A Meeting shall have occurred when a meeting of the body has been
conducted or when a meeting has been noticed but the meeting is not conducted
due to a lack of quorum. A Meeting shall not have occurred when any scheduled
meeting of the body has been officially cancelled and the members of the body
have been provided notice of such cancellation at least 24 hours in advance of
the scheduled time for the meeting.
With respect to the frequency of Commission meetings, the Subcommittee
recommends the Commissions meet on an as needed basis, but no less frequently
than once per quarter. Additionally, the Subcommittee also recommends the
Commissions not meet if staff determines there are insufficient items agendized to
justify a meeting. These issues are addressed in the proposed Ordinance (see
Attachment 3) and the amended City Council Adopted Policy 2007-01 (see
Attachment 4).
(7) Compliance with City Council Policy
The amended City Council Adopted Policy 2007-01 includes a provision that
Commissioners are required to comply with applicable law and duly adopted City
Council policies (see Attachment 4).
(8) Mandatory Orientation for New Commission Appointees
To ensure newly appointed Commissioners are best prepared for their important
advisory roles, the Subcommittee recommends Commission appointees be required
to attend an orientation within 30 days of their appointment. The consequence of
not attending this orientation would be forfeiture of the appointment. Applications for
Commission positions will be modified to include this requirement so applicants will City of Culver City, California
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be aware of this in advance of applying for and potentially being appointed to a
Commission seat. An amendment to City Council Adopted Policy 2007-01 is
proposed consistent with this recommendation (see Attachment 4).
(9) Legal Opinions of the City Attorney
Section 901 of the New Charter provides:
“The City Attorney, or his or her designee, shall serve as the chief legal adviser
to the City Council, City Manager, and all City departments in all matters
pertaining to the business of the City.”
The Subcommittee recommends the City Council clarify that Commissions and
individual Commissioners, as advisors to the City Council, are required to adhere to
the legal opinions and advice of the City Attorney with regard to procedural matters
and give deference to such opinions with regard to interpretations of law. City
Council Adopted Policy 2007-01 is proposed to be amended to include these
requirements (see Attachment 4).
(10) Issuance of Parking Decals
City Council Policy 3003, adopted in 1995, established a policy regarding the
issuance of parking decals to certain people who operate their private vehicles while
engaged in official City business. The parking decals exempt enforcement of
parking regulations of the CCMC while on City business in Culver City. The
Subcommittee recommends the decals be issued to the City Council, City Manager,
City Attorney, Assistant City Manager, Department Heads and other position as
authorized by the City Manager. The proposed policy will no longer authorize
routine issuance of parking decals to the City Clerk, City Treasurer, Automobile
Club, School Board Members and School Board Administrative Staff, Members of
Commissions/Boards, L.A. Airport Advisory Committee and the Chamber of
Commerce (as currently authorized by City Council Policy 3003).
Staff recommends the City Council adopt a Resolution amending City Council Policy
3003 (Attachment 5) and introduce a proposed Ordinance amending CCMC Section
7.01.230.B.(2) (Attachment 6) to be consistent with the Subcommittee’s
recommendations.
(11) Official City Identification
The Subcommittee recommends the City Council amend City Council Adopted
Policy 2007-01 to reiterate and emphasize that official City identification (including
badges, ID Cards, business cards, etc.) shall be used for official identification City of Culver City, California
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purposes only. Further, the Subcommittee recommends the City Council consider
inappropriate use of Official Identification items as Major Misconduct with significant
consequences.
Commission-Specific Items
While certain items can be applied to all Commissions, there are some topic-specific
items which should be handled on a Commission-specific basis.
(1) Cultural Affairs Commission
The proposed Ordinance amends the CCMC to clarify general terms and of the
Cultural Affairs Commission with the other Commissions in accordance with the New
Charter. Other than compliance with the general requirements as recommended by
the Subcommittee, the Subcommittee did not recommend any additional specific
amendments to the role of the Cultural Affairs Commission.
(2) Planning Commission:
Standard Conditions of Approval: The Planning Division is currently working
on a set of “official” Standard Conditions of Approval to be utilized by the
Planning Commission when considering various discretionary entitlement
applications. The Subcommittee recommends that, upon recommendation by
the Planning Commission, these Standard Conditions of Approval be reviewed
and approved by the City Council. The Planning Commission or staff, through
the Planning Commission, may, from time to time, recommend amendments to
the Standard Conditions of Approval for consideration by the City Council.
Amendments to the Standard Conditions of Approval would only become
effective upon approval by the City Council. It is recommended that this process
be included among the Planning Commissions duties as set forth in the CCMC
(see Attachment 3).
(3) Parks and Recreation Commission:
1. Jurisdiction over Trees: Under the current CCMC, the Parks and
Recreation Commission has been provided jurisdiction over street and
parkway trees. Management of the City’s “municipal forest” has become a
more complex process, often requiring the expertise of a landscape architect.
To remove existing potential for duplication of jurisdiction, it is proposed the
Parks and Recreation Commission retain advisory jurisdiction over the
general topic of trees in the City’s parks. However, management of the City’s
municipal forest should be the responsibility of the Public Works Department
(for street and parkway trees), and day-to-day management of the trees City of Culver City, California
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located in the City’s parks should be the responsibility of the Parks,
Recreation and Community Services Department.
Private person requests for removal street or parkway trees authorized by
CCMC Section 9.10.040 is proposed to become an administrative action,
requiring a permit issued by the Public Works Department (subject to appeal
to the City Council).
The City Council is requested to introduce an ordinance which would clarify
that the Public Works Director is responsible for the management of the City’s
street and parkway trees (Attachment 7). The proposed ordinance would
create a new Chapter 5.06, under Title 5, Public Works, in the CCMC and
repeal the existing provisions currently found in Sections 9.10.025 through
9.10.040 of the CCMC.
2. Jurisdiction over Music and Entertainment: The current CCMC
provides the Parks and Recreation Commission with the mission to provide
the City Council with advice on music and entertainment. It is proposed to
amend this role to clarify that this role be consistent with the Commission’s
broader role with respect to music and entertainment conducted in parks.
(4) Civil Service Commission:
Responsibility for Personnel Administration: The New Charter makes
significant changes to the day-to-day operations of the City’s government.
Section 300 of the New Charter provides:
“The municipal government established by this Charter shall be the
“Council-Manager” form of government, under which the City
Council sets policy and the City Manager administers the
government.”
Under this and other sections of the New Charter, the roles and responsibilities of
the City Council, the City’s Commissions, and the City Manager have changed.
Section 700 of the New Charter provides in pertinent part:
“The City Council shall appoint the City Manager who shall be the
chief executive officer of the City, responsible to the City Council for
the management of all City affairs placed in the City Manager’s
charge by or under this Charter…The City Manager…shall…direct
and supervise the administration of all City departments except as
otherwise provided by the Charter…”
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Section 806(B) of the former Charter provided the Civil Service Commission with
the responsibility to:
2. “Act in an advisory capacity to the City Council on personnel administration
(emphasis added); and
3. After a public hearing thereon, recommend to the City Council adoption of
amendments or repeal of the civil services rules and regulations;
4. Make any investigation which it may consider desirable concerning the
administration of personnel in the municipal service and report its findings
to the City Council.” (emphasis added)
5. Provide a procedure for handling the appeals of any employee in the
classified service who is suspended, demoted or removed from his
employment. Such procedure shall provide for the employee to have the
option of a hearing before the Commission, or before a special hearing officer
or board composed of person(s) qualified to hear and make findings and
recommendations on such matters. No hearing officer or member of such
board shall be a resident, employee or officer of the City.”
With respect to items 1 and 3 above, the provisions of the New Charter and the
responsibilities provided to the Civil Service Commission by the former Charter are
in conflict. Since the New Charter’s provisions are now in force and prevail, the
Subcommittee recommends certain amendments to the powers and responsibilities
of the Civil Service Commission. The attached ordinance addresses the following
issues (see Attachment 3):
(1) Removes the Commission’s duties with respect to the administration of
personnel, that duty being vested in the City Manager by the New Charter
under Section 700;
(2) Clarifies the advisory capacity of the Civil Service Commission to the subject
of the Civil Service Rules (understanding the Civil Service Commission is
and, under these recommendations, remains the final decision-making body
related to Disciplinary Appeal Hearings); and,
(3) Clarifies the ability of the Commission, when it deems necessary, to
recommend that the City Council direct the City Manager to conduct an
investigation concerning the proper implementation Civil Service Rules; and,
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(4) Stays the enforcement/applicability of any duties conferred upon the Civil
Service Commission by the CCMC, Civil Service Rules or other City policy
or regulation that is inconsistent with the New Charter.
Consistent with the above, should the City Council adopt the recommendations
presented, over the next few months, staff will be bringing to the City Council (and
through the Civil Service Commission, where necessary) revisions to the Civil
Service Rules and City Policies/regulations.
(4) Board of Zoning Adjustments:
The Chapter of the CCMC related to the Commissions also includes provisions
related to the Board of Zoning Adjustments (Board). While the Subcommittee did
not consider the Board in its discussions, Staff is recommending certain procedural
clarifications to the CCMC related to the appeal procedure to ensure consistency
with the Zoning Code.
Miscellaneous Revisions
Several other typographical, grammatical, formatting and other non-substantive
changes have been made to ensure clarity and consistency.
Future Applicability to the City’s Boards and Committees
The Subcommittee recommends that once the City Council has provided its policy
direction with respect to these recommended changes, staff be provided direction to
prepare a similar report that would apply these policy directives to the City’s
Committees and Boards. If so directed by the City Council, it is expected this report
would return to the City Council on April 21, 2008.
FISCAL ANALYSIS:
Similar to the fiscal analysis presented to the City Council when the Council
considered (and ultimately adopted) City Council Policy 2007-01 related to the City’s
Commissions, adoption of these recommendations is expected to streamline the
operations of the Commissions, thereby resulting in either a direct operational
savings or a savings of staff time which can be redirected to other activities.
However, the actual amount of savings is difficult to estimate at this time.
In addition to the direct/indirect fiscal impacts, adoption of these recommendations is
expected to allow the City to provide information to the City Council, Commissioners,
Staff, and the general public more quickly and in a more consistent and user-friendly
format. Further, adoption of these recommendations will eliminate potential conflicts City of Culver City, California
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between current operations and provisions of the New Charter (which provisions
prevail) and any associated duplication of efforts, thereby saving staff and financial
resources.
ATTACHMENTS:
(1) The City Charter of 2006 (New Charter)
(2) Proposed Ordinance regarding Chapter 3.03 relating to Commissions and
Agencies
(3) Proposed Resolution amending City Council Adopted Policy 2007-01
(4) Proposed Resolution amending City Council Policy Statement Number 3003
relating to the issuance of parking decals
(5) Proposed Ordinance amending Section 7.01.230.B.2
(6) Proposed Ordinance adding Chapter 5.06 and repealing certain provisions in
Chapter 9.10 relating to street and parkway trees
MOTION:
That the City Council:
(1) Discuss the recommendations of the Council Subcommittee relating to the roles
of Commissions;
AND,
(2A) Determine to apply the term limits provisions applicable to the City Council to
the Commissions;
OR
(2B) Determine to remove the current term limits provisions in the Municipal Code
as they relate to Commission
AND
(3) Introduce an Ordinance repealing and replacing Chapter 3.03 of the Culver City
Municipal Code (CCMC) relating to City Commissions and Agencies;
(4) Adopt a Resolution amending City Council Adopted Policy 2007-01 entitled “City
Commissions,” and repealing Resolution No. 2007-R029;
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(5) Introduce an Ordinance adding Chapter 5.06 to the CCMC designating the Public
Works Director as the person responsible for street and parkway trees and repealing
Sections 9.10.025 through 9.10.040 of Chapter 9.10 of the CCMC;
(6) Introduce an Ordinance amending Section 7.01.230.B.2 of the CCMC clarifying
those individuals eligible to receive parking decals which exempt their vehicles from
parking or standing provisions; and
(7) Adopt a Resolution amending City Council Policy Statement Number 3003
entitled “Issuance of City Parking Decals” and rescinding Resolution No. 95-R005.