9770 CULVER BOULEVARD CULVER CITY, CA 90232-0507
INTEROFFICE MEMORANDUM
DATE: May 4, 2006
TO: Honorable Mayor Silbiger and City Council Members
FROM: Carol Schwab, City Attorney
SUBJECT: A-1: May 8, 2006, Council Meeting
Summary of Tasks and Timeline for Implementation of Revised Charter
Attachment: Revised Charter
Cc with attachment:
Jerry Fulwood, Chief Administrative Officer
Crystal Alexander, City Treasurer
Christopher Armenta, City Clerk
Martin Cole, Assistant Chief Administrative Officer
Marlee Chang, City Controller
Serena Wright, Personnel & Employee Relations Director
All Department Heads
Civil Service Commission, Cultural Affairs Commission, Parks &
Recreation Commission, Planning Commission
This memo is prepared in response to the Council’s request for a summary of tasks and a
timeline for implementation of the revised Charter.
TABLE OF CONTENTS:
PAGE NO.
Introduction 1-2
A. What Remains the Same 2-3
B. What Has to be Done by July 1
st
4-5
C. Tasks to be Done Soon After July 1
st
6
D. Changes Required Before April 8, 2008 7
E. Optional & Other Changes 8
Attachment: Revised Charter
INTRODUCTION
The revised Charter was approved by the voters on April 11, 2006. Most provisions of the
Charter shall be effective on the later of July 1, 2006, or the date it is accepted and filed by the
Secretary of State (Article XX, §2000). The Charter includes many provisions to ease the FILE NAME: $ASQPDF103935.DOC PRINTED ON RECYCLED PAPER
transition. Some tasks must be done by July 1
st
and others are less immediate. (See Sections
A-D). For your convenience, a copy of the revised Charter is attached to this memo.
The City Attorney’s Office will take the lead in implementing the revised Charter by
reviewing and revising the current Municipal Code, drafting ordinances and resolutions, and
reviewing and revising existing Council and Administrative policies to make City documents
consistent with the revised Charter. We will be relying on staff from Administration,
Purchasing, Personnel, Public Works, and other departments to accomplish these tasks. In
addition, the City Attorney’s Office may seek assistance from some other sources, including
the City’s Charter Review consultant, Dr. Raphael Sonenshein, to assist in making a smooth
transition with the goal to implement all provisions of the Charter no later than April 2008.
A. WHAT REMAINS THE SAME
Article XX of the Charter provides for the continuation of certain rights and provisions during
transition summarized, in part, as follows:
1. City Council and Board of Education:
§2004: Members of the City Council and Board of Education of the School
District shall continue in office.
2. Employees:
§2003: The civil service, pension and retirement rights or privileges of officers
or employees or of any City department shall be preserved.
§2006: Present employees shall continue to perform their duties.
3. Commissions, Boards and Committees:
§2005: Commissions, Boards and Committees previously established by the
City Council shall continue to exist and exercise powers and perform duties.
However, the City Council may abolish or alter their structure, membership
and duties by ordinance.
4. Contracts and Contracting Procedures:
§2007: Contracts entered into by the City shall remain in effect and shall
continue in full force and effect according to their terms.
The procedures for awarding public works contracts existing at the time this
Charter takes effect will continue until such time as new procedures are
established by the Council.
5. Pending Actions and Proceedings:
§2008: No civil or criminal action or proceeding shall be affected or abated by
the Charter.FILE NAME: $ASQPDF103935.DOC PRINTED ON RECYCLED PAPER
6. City Treasurer:
§2009: The current City Treasurer shall continue to serve until April 8, 2008,
and shall continue to exercise all of the duties and functions assigned by the
previous Charter. Should the office become vacant prior to April 8, 2008, the
City Council shall appoint a replacement to serve until April 8, 2008.
7. City Clerk:
§2010: The current City Clerk shall continue to serve until April 8, 2008, and
shall continue to exercise all of the duties and functions assigned by the
previous Charter. Should the office become vacant prior to April 8, 2008, the
City Council shall appoint a replacement to serve until April 8, 2008.5/4/2006 Page 4 of 8
B. WHAT HAS TO BE DONE BY JULY 1st
Charter
Section
Task Process
1. 700 Chief Administrative Officer to City Manager:
a. Change references in Municipal Code, Council and Administrative Policies, and other
documents and forms, including City organizational chart and Civil Service Rules|1010|,
from CAO to City Manager.
b. Amend job specifications.|1010|c. Review employment agreement.
Review Municipal Code, Council Policies,
Administrative Policies, Civil Service Rules,
city forms and other documents, including
CAO’s Employment Agreement. Requires
Civil Service approval of job spec, and
Council action to adopt new job spec.
Council action required for adoption of
ordinances and/or resolutions and policies.
Council action to amend contract, if so
determined.
2. Assistant Chief Administrative Officer to Assistant City Manager:
a. Change references in Municipal Code, Council and Administrative Policies, and other
documents and forms from ACAO to Asst. City Manager.
b. Amend job specifications.
Requires Civil Service approval of job specs,
and Council action to adopt new job specs.
3. 1201 Department Head job specifications:
a. From civil service to exempt:|1010|:Community Development Director, Fire Chief, Police
Chief, PRCS Director, and Transportation Director positions.
b. Appointing authority from City Council to City Manager: Community Development
Director, PRCS Director, and Transportation Director.
Requires Civil Service approval of job specs,
and Council action to adopt new job specs.|1010| The Civil Service Rules are currently being revised by the Civil Service Commission. That review should include possible changes in title and other revisions in
accordance with the new Charter provisions.|1010| The approval of the new job specifications for the City Manager, Assistant City Manager and revised job specifications for Department Heads and other positions
specified in numbers 3 & 4 are tentatively scheduled for June 7
st
and approval by the City Council on June 12
th
.|1010|Per Charter Section 2003, this does not affect the civil service status of individual employees who are currently in the classified service.FILE NAME: $ASQPDF103935.DOC PRINTED ON RECYCLED PAPER
B. WHAT HAS TO BE DONE BY JULY 1st
(Continued)
Charter
Section
Task Process
4. Revision of other job specifications:
a. Public Works Director/City Engineer job specs to indicate that the City Manager, not
the City Council, is the appointing authority. Change references in job spec from
CAO to City Manager.
b. City Attorney, City Controller, Claims and Safety Coordinator, Executive Assistant to
Chief Administrative Officer, IT Director, Personnel & Employee Relations Director,
Risk Manager and other position specifications must substitute references from CAO
to City Manager .
Requires Civil Service approval of job specs,
and Council action to adopt new job specs.
5. 603 Compensation disclosure of Council/Redevelopment Agency Members. Requires City and/or Redevelopment to
maintain records of total annual
compensation, including benefits received
by each Council and Agency member.FILE NAME: $ASQPDF103935.DOC PRINTED ON RECYCLED PAPER
C. TASKS TO BE DONE SOON AFTER JULY 1st
Charter
Section
Task Process
6. 1201 Department Heads:
Council may consider possible requests of current Department Heads who may
voluntarily request change from classified service to exempt status, including possible
severance procedures.
Potential agreements or letters of
understanding between Council and existing
individual Department Heads (CDD, Fire,
Police, PRCS and Transportation). Requires
City Council action.
7. 1100 Commissions and Boards|1010|:
City Council may, by ordinance, establish and abolish such commissions and boards as
it may determine to be necessary.
Review existing commissions and boards.
Review and, if necessary, amend Municipal
Code.
8. 1105 Committees:
City Council may, by ordinance, resolution or other action, establish and abolish
committees for a specified purpose.
Review existing committees. Council may
establish or abolish committees.
9. 1604 Contracts for Public Works:
City Council shall establish, by ordinance, procedures to ensure the integrity of
awarding all contracts for the construction or improvement of public works, buildings,
etc.
Review current procedures and amend and
establish procedures in the Municipal Code.
10. 1605 Purchasing of Supplies, Materials and Equipment:
City Council shall establish procedures for purchasing, storing and distribution of
supplies, materials and equipment.
Review current procedures and amend and
establish procedures in the Municipal Code.
11. 1403 Administrative Policies on Ethical Conduct to be consistent with Charter Review Municipal Code, Council Policies,
and Administrative Policies. May require
City Council action and adoption of
ordinances and/or resolutions.|1010| Items 7-10, if the Council takes no action, all Commissions, Boards and Committees, and procedures for Public Works contracts and purchasing procedures established
in the previous Charter remain in effect.FILE NAME: $ASQPDF103935.DOC PRINTED ON RECYCLED PAPER
D. CHANGES REQUIRED BEFORE APRIL 8, 2008
Charter
Section
Task Process
12. 700,
2009
and
2010
City Treasurer and City Clerk:
a. Amend job specifications and qualifications.
b. Council to determine whether these positions serve as Department Heads, or as
positions in the City Manager’s department.
Requires Civil Service approval, and
Council action to adopt new job specs.
Review and, if necessary, amend Municipal
Code, City organizational chart, and other
forms and documents.
13. 2011 Elimination of Transition Provisions:
If, in the judgment of the City Attorney, any of the sections included in Article XX,
Succession and Transition, become obsolete by virtue of the completion of all acts, the
City Attorney shall advise the City Council.
City Council adopts a resolution to
eliminate obsolete sections which shall be
deemed to have expired, and the City Clerk
shall then remove those sections from the
next printing of the Charter.5/4/2006 Page 8 of 8
E. OPTIONAL and OTHER CHANGES
1. Elections by Mail:
§1505: The City Council may, by ordinance, authorize the conduct of elections
wholly by mail.
2. Fiscal Year:
§1600: The fiscal year shall begin on July 1
st
of each year and end on the 30
th
day
of June of the following year. However, the City Council may, by a vote of at least
four-fifths of its members, adopt an ordinance changing the City’s fiscal year.
3. Charter Review Committee:
§1900: Beginning in January 2014, and in January every 10 years thereafter, the
City Council shall hold a public hearing to consider the need for a comprehensive
review of the existing Charter and determine whether or not to appoint a
Committee to amend the existing Charter. The City Council may, at its discretion,
appoint a Charter Review Committee at any time.
Page 1 of 33
MEETING DATE: May 8, 2006
ITEMS FROM STAFF
ATTACHMENT
Pages
1. Revised Charter of the City of Culver City 2-33Page 2 of 33
CHARTER OF THE CITY OF CULVER CITY
Preamble
Article I. Name and Charter Status
Section 100. Name and Charter Status.
Article II. Definitions
Section 200. Definitions.
Article III. Form of Government
Section 300. Form of Government.
Article IV. Boundaries
Section 400. Boundaries.
Article V. Powers of the City
Section 500. Powers of the City.
Article VI. City Council
Section 600. Number, Election and Term of Office.
Section 601. Term Limits.
Section 602. Eligibility.
Section 603. Compensation.
Section 604. Vacancy.
Section 605. Forfeiture of Office.
Section 606. Mayor and Vice Mayor
Section 607. Powers of the City Council.
Section 608. City Council Meetings.
Section 609. Special Meetings.
Section 610. Notice of Public Meetings.
Section 611. Public Participation.
Section 612. Council Proceedings.
Section 613. Adoption of Ordinances and Resolutions.
Section 614. Urgency Ordinances.
Section 615. Ordinances: Enactments.
Section 616. Ordinances: Publication.
Section 617. Ordinances: Amendments.Page 3 of 33
Section 618. Ordinances: Codification.
Section 619. Ordinances: When Effective.
Section 620. Ordinances: Violation and Penalty.
Section 621. Publishing of Legal Notices.
Article VII. City Administration
Section 700. Powers and Duties of City Manager.
Section 701. Non-Interference by City Council.
Article VIII. Annual Budget
Section 800. Budget Preparation.
Section 801. Submission to City Council.
Section 802. Public Hearing.
Section 803. Further Consideration and Adoption.
Section 804. Appropriations.
Section 805. Amendments.
Article IX. City Attorney
Section 900. Eligibility.
Section 901. Duties.
Article X. Board of Education
Section 1000. Number and Term.
Section 1001. Eligibility.
Section 1002. Vacancies.
Section 1003. Forfeiture of Office.
Section 1004. Organization of the Board of Education.
Section 1005. Special Elections.
Article XI. Commissions, Boards and Committees
Section 1100. In General.
Section 1101. Appropriations.
Section 1102. Chairperson and Vice Chairperson.
Section 1103. Procedures.
Section 1104. Oaths and Affirmations.
Section 1105. Committees.
Article XII. Civil Service
Section 1200. Merit Principle.
Section 1201. Classification.Page 4 of 33
Section 1202. Appointments from Civil Service Positions.
Section 1203. Prohibitions.
Article XIII. Retirement System
Section 1300. Public Employees' Retirement System.
Article XIV. General Provisions Relating to Officers and Employees
Section 1400. Official Bonds.
Section 1401. Oath of Office.
Section 1402. Financial Interest.
Section 1403. Ethical Conduct.
Section 1404. Improper Political Activity.
Article XV. Elections.
Section 1500. General Municipal Elections.
Section 1501. Special Municipal Elections.
Section 1502. Elections Official.
Section 1503. Procedure for Holding Elections.
Section 1504. Initiative, Referendum and Recall.
Section 1505. Elections by Mail.
Article XVI. Financial and Fiscal Matters
Section 1600. Fiscal Year.
Section 1601. Tax System.
Section 1602. Tax Limits.
Section 1603. Bonded Debt Limit.
Section 1604. Contracts for Public Works.
Section 1605. Purchasing of Supplies, Materials and Equipment.
Section 1606. Reserve Funds.
Section 1607. Capital Funds.
Section 1608. Claim Required for Actions Against City.
Section 1609. Independent Audit Required.
Article XVII. Franchises
Section 1700. Franchises.
Article XVIII. Revenue Retention
Section 1800. Reductions Prohibited.
Section 1801. Mandates Limited.Page 5 of 33
Article XIX. Charter Review Committee
Section 1900. Charter Review Committee
Article XX. Succession and Transition
Section 2000. Effective Date of Charter.
Section 2001. Rights and Liabilities
Section 2002. Existing Laws, Regulations and Policies.
Section 2003. Rights of Officers and Employees Preserved.
Section 2004. Continuance of City Council and Board of Education.
Section 2005. Existing Commissions, Boards and Committees.
Section 2006. Existing Employees of City.
Section 2007. Existing Contracts and Contracting Procedures.
Section 2008. Pending Actions and Proceedings.
Section 2009. Continuance of City Treasurer.
Section 2010. Continuance of City Clerk.
Section 2011. Elimination of Transition Provisions.
Article XXI. Miscellaneous
Section 2100. Violations.
Section 2101. Validity.
PREAMBLE
The People of the City of Culver City, by popular vote, have enacted this
Charter to establish a responsive, efficient, effective and accountable
government through which all voices in our diverse community can be heard; to
ensure fair representation and distribution of government resources; to provide a
safe and harmonious environment for our mutual well-being; and to promote the
principles of liberty, equality and home rule.
ARTICLE I. NAME AND CHARTER STATUS
SECTION 100. NAME AND CHARTER STATUS.
The municipal corporation now existing and known as the “City of Culver
City” shall continue to exist, under the same name, as a charter city and a
municipal corporation organized and existing under the Constitution and laws of
the State of California.Page 6 of 33
ARTICLE II. DEFINITIONS
SECTION 200. DEFINITIONS.
As used in this Charter:
(a) “Board of Education” shall mean and refer to the Board of
Education of the Culver City Unified School District.
(b) “City” shall mean and refer to the City of Culver City.
(c) “Constitution” shall mean and refer to the Constitution of the State
of California.
(d) “City Council” shall mean and refer to the City Council of the City of
Culver City.
(e) “Council Member” shall mean and refer to a member of the City
Council of the City of Culver City.
(f) The term “days” shall mean calendar days.
(g) "Department Head" shall mean and refer to a person appointed by
either the City Council or the City Manager to exercise management and control
of a City department.
(h) The term “officers” shall mean and refer to the members of the City
Council and all persons appointed by the City Council to serve on a commission,
board, committee or other governmental body.
(i) “School District” shall mean and refer to the Culver City Unified
School District.
(j) “State” shall mean and refer to the State of California.
ARTICLE III. FORM OF GOVERNMENT
SECTION 300. FORM OF GOVERNMENT.
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.Page 7 of 33
ARTICLE IV. BOUNDARIES
SECTION 400. BOUNDARIES.
The boundaries of the City shall be those boundaries existing as of the
effective date of this Charter. The boundaries may later be changed in the
manner authorized by State law.
ARTICLE V. POWERS OF THE CITY
SECTION 500. POWERS OF THE CITY.
The City shall have all of the rights, powers and privileges which may be
granted to a charter city under the Constitution and laws of the State, as fully and
completely as though they were specifically enumerated in this Charter.
Without limiting the preceding provisions, the City shall have the power to
make and enforce all laws and regulations with respect to municipal affairs,
subject only to such restrictions and limitations as may be provided in this
Charter and in the Constitution.
The enumeration in this Charter of any particular power shall not be held
to exclude other powers, nor to be any limitation upon this general grant of
power.
ARTICLE VI. CITY COUNCIL
SECTION 600. NUMBER, ELECTION AND TERM OF OFFICE.
The City Council shall consist of five members elected at-large, at the
times and in the manner provided in this Charter. A full term of office shall be
four years, commencing at the meeting at which the election results are certified,
and continuing until a successor is elected and certified. Any ties in voting shall
be settled by the casting of lots.Page 8 of 33
SECTION 601. TERM LIMITS.
No person shall serve more than two consecutive full terms as a Council
Member. If a person serves a partial term in excess of two years, it shall be
considered a full term for the purpose of this provision. Nothing in this provision
shall act to bar service as a Council Member after at least two years have
elapsed from the Council Member’s last full term.
SECTION 602. ELIGIBILITY.
Only residents of the City who are lawfully registered voters of the City
shall be eligible to hold an elective City office. Candidates for election to any
such office must have been lawfully registered voters of the City for the 30 days
immediately preceding the filing of their nomination papers.
SECTION 603. COMPENSATION.
Council Members shall receive compensation for their services in
accordance with the provisions of State law.
The City shall maintain records of the total annual compensation, including
benefits, received by individual Council Members in their capacities as elected
public officials of the City, including all compensation received for services on the
Culver City Redevelopment Agency and any other boards or agencies.
Individual Council Members shall provide information that the City requires in
order to comply with this section. Such information shall be made available to
the public in accordance with State law.
SECTION 604. VACANCY.
The City Council, by a vote of at least three of its members, may appoint a
replacement to fill any vacancy on the City Council. Such appointee shall hold
office until a successor is elected and certified. If the vacancy occurs before the
first day to file nomination papers for the next general municipal election, a
Council Member shall be elected at that election as the successor to any
appointee, or to fill the vacancy if it has not previously been filled by appointment,
and such newly elected Council Member shall serve the remainder of the
unexpired terms and until a successor is elected and certified.
If a vacancy is not filled by appointment within 30 days after its
occurrence, the City Council shall immediately call a special election to fill the
vacancy. The special election shall be held not later than 120 days after the
vacancy occurs, except that no special election shall be called to fill the vacancy Page 9 of 33
if it cannot be held at least 180 days before the next general municipal election.
A person elected at a special election shall hold office for the remainder of any
unexpired term and until a successor is elected and certified.
If there is an election to fill one or more full terms and one or more
unexpired terms, then the candidates who receive the highest number of votes
shall serve the full terms, and of the candidates remaining, those who receive the
next highest number of votes shall serve the unexpired terms.
At any time when there are three or four vacancies on the City Council,
the remaining Council Member or Members shall constitute a quorum for the
purpose of holding a meeting to consider taking action pursuant to this section,
and such action may be taken by the unanimous vote of the remaining Member
or Members.
SECTION 605. FORFEITURE OF OFFICE.
The grounds for forfeiture of the office of a Council Member are the
following:
(a) The Council Member is absent, without the consent of the City
Council, from all regular City Council meetings for a period of 60 consecutive
days from and after the last regular City Council meeting attended by such
Council Member;
(b) The Council Member is convicted of a felony or a crime involving
moral turpitude; or
(c) The Council Member ceases to be a resident and lawfully registered
voter of the City.
After the occurrence of any of the foregoing events, the office of the
Council Member shall be declared vacant by the City Council by a vote of at least
three of its members. At the request of the affected Council Member, the City
Council shall hold a public hearing before declaring the office vacant.
SECTION 606. MAYOR AND VICE MAYOR.
Immediately following the certification of election results for any general or
special municipal election at which Council Members are elected and at the
second meeting in April in odd numbered years, the City Council shall elect one
of its members as its presiding officer, who shall have the title of Mayor and one
of its members as Vice Mayor. Both shall serve at the pleasure of the City
Council. Page 10 of 33
The Mayor shall have a voice and a vote in all City Council proceedings,
shall be the official head of the City for all ceremonial purposes, and shall
perform such other duties as may be prescribed by this Charter or as may be
imposed by the City Council consistent with the office of Mayor. The Vice Mayor
shall perform the duties of the Mayor during the absence or incapacity of the
Mayor.
A Council Member who has held the office of Mayor or Vice Mayor for one
year shall not be eligible for reelection to that same office until one year has
elapsed.
SECTION 607. POWERS OF THE CITY COUNCIL.
All powers of the City shall be vested in the City Council, subject to the
provisions of this Charter and the Constitution. The City Council shall have the
power to:
(a) Appoint, suspend, remove and fix the compensation of the City
Manager, Fire Chief, Police Chief and City Attorney, by a vote of at least three of
its members;
(b) Create, modify or abolish any City department, and to prescribe the
powers and duties of such departments and their Department Heads;
(c) Review and certify the results of all City elections;
(d) Control all legal business and proceedings, including, but not limited
to, the authority to employ other attorneys to take charge of any litigation or other
legal matters or to assist the City Attorney in connection with any legal matter,
which authority, in whole or in part, may be delegated to the City Attorney; and
(e) Compel the attendance of witnesses, examine them under oath, and
compel the production of evidence before it. The City Council may cause
subpoenas to be issued in the name of the City and be attested to by the City
Clerk. Disobedience of such subpoenas, or the refusal to testify, upon other than
constitutional grounds, shall constitute a misdemeanor. Council Members, and
any City staff members designated by the City Council, shall have the power to
administer oaths in any investigation or proceeding before it.
Additionally, the City Council shall have all other powers consistent with
this Charter and the Constitution.Page 11 of 33
SECTION 608. CITY COUNCIL MEETINGS.
The City Council shall hold regular meetings at least twice each month, at
such times as it shall fix by ordinance or resolution and may adjourn any regular
meeting to a date certain, which shall be specified in the order of adjournment
and when so adjourned, each adjourned meeting shall be a regular meeting for
all purposes.
The Council Chambers of City Hall shall be the primary place of all City
Council meetings.
By a vote of at least three of its members, the City Council may order a
regular meeting to be held not less than seven days after that date at a place
within the City other than the Council Chambers.
The City Council may, upon making a finding that the public interest
requires it, order a meeting adjourned to another location within the City and to a
time during the same day on which the order is made.
If for any reason it shall be unsafe to meet in the Council Chambers,
meetings may be held for the duration of the unsafe condition at a place within
the City designated by the Mayor, or by the City Council.
Whenever an order is made to hold a meeting at a place other than the
Council Chambers, the City Clerk shall immediately post a copy of the order at a
conspicuous location near the outside of the main entrance tothe Council
Chambers. The order shall remain posted until the meeting is held.
SECTION 609. SPECIAL MEETINGS.
A special meeting of the City Council may be called at any time by the
Mayor, or by a majority of the Council Members.
SECTION 610. NOTICE OF PUBLIC MEETINGS.
The City Council shall comply with the applicable provisions of State law
regarding the giving of notice for regular and special meetings. The City Council
shall consider whether it should establish additional procedures to provide
efficient, timely and cost-effective notice in a manner consistent with currently
available technology.Page 12 of 33
SECTION 611. PUBLIC PARTICIPATION.
During any public meeting, all persons shall have the right to address the
City Council, and any City commission, board or committee, subject to
reasonable rules of decorum and time limits established by ordinance or the
presiding officer.
SECTION 612. COUNCIL PROCEEDINGS.
Three members of the City Council shall constitute a quorum to do
business, but in the absence of a quorum, a lesser number may declare a
meeting adjourned.
Except as otherwise provided in this Charter, actions of the City Council
shall be decided by a majority of the members present and voting on a matter,
excluding abstentions.
The City Clerk shall keep a correct record of all proceedings of the City
Council, and shall record the vote taken on all actions and enter the result in the
minutes of the meeting.
SECTION 613. ADOPTION OF ORDINANCES AND RESOLUTIONS.
No ordinance shall be adopted by the City Council on the day of its
introduction, nor within five days thereafter, nor at any time other than at a
regular or adjourned regular meeting. The foregoing shall not apply to urgency
ordinances adopted in the manner provided in this Charter. A resolution adopted
by the City Council shall become effective in accordance with its terms.
At the time of adoption of an ordinance, it shall be read in full, unless, after
the reading of the title, the further reading thereof is waived by unanimous
consent of the Council Members present. In the event that any ordinance is
altered after its introduction, it shall be reintroduced and not finally adopted
except at a regular or adjourned regular meeting, held not less than five days
after the date upon which such ordinance was so reintroduced. The correction of
typographical or clerical errors shall not constitute the making of an alteration
within the meaning of the foregoing sentence.
The votes of at least three members of the City Council shall be required
for the introduction or enactment of any ordinance or resolution, or for the making
or approving of any order for the payment of money.
No order for the payment of money shall be adopted or made at any time
other than at a regular or adjourned regular meeting.Page 13 of 33
SECTION 614. URGENCY ORDINANCES.
Any ordinance declared by the City Council to be necessary as an
urgency measure for preserving the public peace, health or safety and containing
a statement of the reasons for its urgency may be introduced and adopted at any
regular, adjourned, or special meeting if passed by a vote of at least four-fifths of
its members.
SECTION 615. ORDINANCES: ENACTMENTS.
In addition to all other acts of the City Council that are required by State
law or by this Charter to be enacted by ordinance, every act of the City Council
establishing a fine or other penalty or granting a franchise shall be enacted by
ordinance.
The enacting clause of all ordinances shall be substantially as follows:
“The City Council of the City of Culver City does ordain as follows:”.
SECTION 616. ORDINANCES: PUBLICATION.
The City Clerk shall record the full text of all ordinances and resolutions
adopted by the City Council in a properly indexed book. The City Clerk shall also
cause each ordinance, or a summary of such ordinance, to be published not later
than 15 days after its adoption in a newspaper circulated in the City and
designated by the City Council.
SECTION 617. ORDINANCES: AMENDMENTS.
Any provision of an existing ordinance may be amended without
reenactment and republication of the entire original ordinance.
SECTION 618. ORDINANCES: CODIFICATION.
The City Council shall periodically provide for the preparation of a general
codification, compilation, consolidation, revision, indexing or arranging of all City
ordinances and resolutions then having the force and effect of law.
The codification of City ordinances may be accomplished by reference to
the passage of previously adopted ordinances. Such codifications need not be
published in the manner required for other ordinances, but prior to adoption, at Page 14 of 33
least three copies of the Code shall be filed in the office of the City Clerk, where
they shall be available for public inspection.
Detailed regulations pertaining to any subject, such as fire, building,
plumbing, electrical and mechanical codes, as well as codes on other subjects
that require extensive regulations, may be adopted by reference, and without the
necessity of publication, in the manner provided above. One copy of such codes
shall be filed in the office of the City Clerk, prior to their adoption, where they
shall be available for public inspection.
Subsequent amendments to sections of the general codification of City
ordinances, or the regulatory codes, shall be enacted in the same manner
required by this Charter for the amendment of ordinances generally.
SECTION 619. ORDINANCES: WHEN EFFECTIVE.
In order to allow the People to exercise their referendum power, no
ordinance shall become effective until 30 days from and after the date of its
adoption, except, the following, which shall take effect upon adoption:
(a) An ordinance calling for or otherwise relating to an election;
(b) An improvement proceeding ordinance adopted under some law, or
procedural ordinance;
(c) An ordinance declaring the amount of money necessary to be
raised by taxation, or fixing the rate of taxation; or
(d) An urgency ordinance adopted in the manner provided in this
Charter.
SECTION 620. ORDINANCES: VIOLATION AND PENALTY.
Unless a specific ordinance provides otherwise, a violation of an
ordinance of the City shall be a misdemeanor. The City Council, by ordinance,
may establish the penalty by fine or imprisonment, or both, for misdemeanors
and only by fine for infractions.
Violations of City ordinances may be prosecuted in the name of the
People of the State of California or may be redressed by the City through any
legal or equitable remedies.
SECTION 621. PUBLISHING OF LEGAL NOTICES.Page 15 of 33
The City Council shall designate one newspaper circulated in the City for
the publication of all notices and other matters required to be published in a
newspaper. When possible, a change to another newspaper shall not be made
until a notice of the intention to change is published in the previously designated
newspaper.
The charges for such publications in the designated newspaper shall not
exceed the rates charged to the general public for similar publications.
All legal notices or other matters required to be published shall also be
posted in at least three public places within the City.
Posting of legal notices in three public places shall be sufficient, without
publication if the designated newspaper is unavailable and a suitable
replacement cannot be designated.
ARTICLE VII. CITY ADMINISTRATION
SECTION 700. POWERS AND DUTIES OF CITY MANAGER.
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, by
ordinance, resolution or other action of the City Council. The City Manager, or
his or her designee, shall:
(a) Appoint, suspend and remove all City employees, including
Department Heads, the City Clerk and the City Treasurer, except as otherwise
provided by State law or this Charter;
(b) Direct and supervise the administration of all City departments,
except as otherwise provided by this Charter;
(c) Attend all City Council meetings, at which the City Manager shall
have the right to take part in discussion, but shall not vote;
(d) Prepare and submit to the City Council an annual budget pursuant
to this Charter, and implement the final budget approved by the City Council; and
(e) Perform such other duties as are specified in this Charter, or by
ordinance, resolution or other action of the City Council.Page 16 of 33
SECTION 701. NON-INTERFERENCE BY CITY COUNCIL.
Neither the City Council, nor any Council Member shall:
(a) Order or direct the City Manager to appoint or remove any person
to or from any position of employment with the City;
(b) Except as otherwise permitted by this Charter or by ordinance,
order or direct the City Manager to enter into a municipal contract or make a
purchase of supplies from any particular person or entity;
(c) Interfere in any way with the performance of the duties of any City
employee; or
(d) Interfere in any way with the duties of the City’s elections official in
the conduct of elections.
Nothing in this section shall prevent the City Council, or any of its
members, from advising the City Manager of any information which might assist
the City Manager in the discharge of the City Manager’s duties; or contacting City
employees for the purpose of inquiry, obtaining information or advising
employees of citizen complaints.
ARTICLE VIII. ANNUAL BUDGET
SECTION 800. BUDGET PREPARATION.
All Department Heads shall, upon request, provide the City Manager with
estimates of revenues and expenditures for their departments, detailed in the
manner prescribed by the City Manager. The City Manager shall review the
estimates, hold conferences with department personnel, and prepare a proposed
budget.
SECTION 801. SUBMISSION TO CITY COUNCIL.
At least 45 days prior to the beginning of each fiscal year, the City
Manager shall submit a proposed budget to the City Council. After reviewing the
proposed budget, the City Council shall set the date and time for a public hearing
on the proposed budget and, at least 10 days prior to its scheduled date, shall
cause notice of such public hearing to be published in a newspaper circulated in
the City and designated by the City Council. Page 17 of 33
Copies of the proposed budget shall be available for public inspection in
the office of the City Clerk at least 10 days prior to the public hearing.
SECTION 802. PUBLIC HEARING.
The City Council shall hold a public hearing on the proposed budget at the
time so advertised, or at any time to which the public hearing shall be adjourned
from time to time, where interested persons shall be given an opportunity to be
heard.
SECTION 803. FURTHER CONSIDERATION AND ADOPTION.
At the conclusion of the public hearing, the City Council shall further
consider the proposed budget, make any revisions that it may deem advisable,
and, on or before the first day of the fiscal year, adopt the budget by a vote of at
least three of its members. Upon adoption, the budget shall be in effect for the
ensuing fiscal year. A copy of the budget, certified by the City Clerk, shall be
filed with the City Manager. An additional copy shall remain on file in the office of
the City Clerk where it shall be available for public inspection. Copies of the
adopted budget shall be made available for the use of City departments.
SECTION 804. APPROPRIATIONS.
After adoption of the budget, the amounts allocated in the budget as
proposed expenditures shall be appropriated to the specified City departments,
for the objects and purposes named in the budget. All appropriations shall lapse
at the end of the fiscal year to the extent that they shall not have been expended
or lawfully encumbered.
SECTION 805. AMENDMENTS.
After the adoption of the budget, the City Council may amend or
supplement the budget only by a vote of at least four-fifths of its members.Page 18 of 33
ARTICLE IX. CITY ATTORNEY
SECTION 900. ELIGIBILITY.
The City Attorney shall be an attorney-at-law, licensed and authorized to
practice in all of the courts of the State.
SECTION 901. DUTIES.
The City Attorney, or his or her designee, shall:
(a) 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;
(b) Represent and appear for the City in all legal actions in which the
City is concerned or is a party. In the course of performing such duties, the City
Attorney shall have the authority to employ other attorneys to handle litigation or
provide other assistance as required by the City Attorney, subject to the
provisions of this Charter;
(c) Attend all meetings of the City Council, unless excused;
(d) Prepare or approve the language of all City ordinances, resolutions
and of any amendments to such ordinances or resolutions, and approve the form
of City contracts and bonds;
(e) Prosecute on behalf of the People criminal cases for violations of
this Charter, of City ordinances or of State laws, which in the opinion of the City
Attorney warrant prosecution; and
(f) Perform such other duties as are specified in this Charter, or by
ordinance, resolution or other action of the City Council.
ARTICLE X. BOARD OF EDUCATION
SECTION 1000. NUMBER AND TERM.
The Board of Education shall consist of five members, elected at-large
from the School District, for a term of four years.Page 19 of 33
SECTION 1001. ELIGIBILITY.
Only residents of the School District who are lawfully registered voters of
the School District shall be eligible to hold office as a member of the Board of
Education. Candidates for election to such office must have been lawfully
registered voters of the School District for the (30) days immediately preceding
the filing of their nomination papers.
SECTION 1002. VACANCIES.
The Board of Education shall fill any vacancy by appointment. Such
appointee shall hold office until a successor is elected and certified. If the
vacancy occurs before the first day to file nomination papers for the next regular
Board of Education election, a Board Member shall be elected at that election as
successor to any appointee, or to fill the vacancy if it has not been previously
filled before appointment, and such newly elected Board Member shall serve for
the remainder of any unexpired term and until a successor is elected and
certified.
If a vacancy is not filled by appointment within 60 days after its
occurrence, the Board of Education shall immediately call a special election. The
special election shall be held not later than 120 days after the vacancy occurs,
except that no special election shall be called to fill the vacancy if it cannot be
held at least 180 days before the next regular Board of Education election. A
person elected at a special election shall hold office for the remainder of the
unexpired term and until a successor is elected and certified.
If there is an election to fill one or more full terms and one or more
unexpired terms, then the candidates who receive the highest number of votes
shall serve the full terms, and of the candidates remaining, those who receive the
next highest number of votes shall serve the unexpired terms.
SECTION 1003. FORFEITURE OF OFFICE.
The grounds for forfeiture of the office of a member of the Board of
Education are the following:
(a) The Board Member is absent, without the consent of the Board of
Education, from all regular Board meetings for a period of 60 consecutive days
from and after the last regular Board meeting attended by such Board Member;
(b) The Board Member is convicted of a felony or a crime involving
moral turpitude; or Page 20 of 33
(c) The Board Member ceases to be a resident and lawfully registered
voter of the School District.
After the occurrence of any of the foregoing events, the office of the Board
Member shall be declared vacant by the Board of Education, by a vote of at least
three of its members. At the request of the affected Board Member, the Board of
Education shall hold a public hearing before declaring the office vacant.
SECTION 1004. ORGANIZATION OF THE BOARD OF EDUCATION.
At the annual organizational meeting of the Board of Education, the
members shall elect a president, vice-president and clerk. No Board Member
shall serve more than two consecutive years in such office.
SECTION 1005. SPECIAL ELECTIONS.
The Board of Education may, at its discretion, call an election for any
reason sanctioned by law at any time it deems appropriate.
ARTICLE XI. COMMISSIONS, BOARDS AND COMMITTEES
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.
SECTION 1101. APPROPRIATIONS.
The City Council shall appropriate sufficient funds for the efficient and
proper functioning of all City commissions and boards.
SECTION 1102. CHAIRPERSON AND VICE CHAIRPERSON.
As soon as practicable, following the first day of July of every year, each
commission or board of the City shall organize by electing one of its members to
serve as its presiding officer, with the title of Chairperson, and electing one of its Page 21 of 33
members as Vice Chairperson. The Chairperson and Vice Chairperson shall
each serve at the pleasure of the commission or board.
The Chairperson shall have a voice and vote in all proceedings of the
commission or board, shall be the official head of the commission or board for all
ceremonial purposes, and shall perform such other duties as may be prescribed
by this Charter or by ordinance. The Vice Chairperson shall perform the duties of
the Chairperson during the absence or incapacity of the Chairperson.
SECTION 1103. PROCEDURES.
The City Manager shall designate City staff, as necessary, to assist each
commission or board, and to keep a record of its proceedings and transactions.
Each commission or board may prescribe its own rules and regulations, which
shall be consistent with this Charter and applicable ordinances, resolutions and
other City Council actions. Such rules and regulations shall be subject to the
approval of the City Council and shall be kept on file in the office of the City Clerk
where they shall be available for public inspection.
SECTION 1104. OATHS AND AFFIRMATIONS.
Any commission or board, and the designated City staff, shall have the
power to administer oaths and affirmations in any investigation or proceeding
pending before the commission or board.
SECTION 1105. COMMITTEES.
The City Council, by ordinance, resolution or other action, may establish
and abolish committees for a specified purpose, and shall appropriate sufficient
funds for the efficient and proper functioning of such committees.
ARTICLE XII. CIVIL SERVICE
SECTION 1200. MERIT PRINCIPLE.
Appointments and promotions in the administrative service of the City
shall be made according to merit and fitness, to be ascertained, so far as
practicable, by competitive examination.
The Civil Service System adopted by the City Council pursuant to State
law and in effect prior to the effective date of this Charter, shall continue in full Page 22 of 33
force and effect unless changed by ordinance of the City Council or by
amendment to the rules and regulations approved by the City Council. As
provided in the State enabling act referred to above, the City Council shall not
have the authority to withdraw any departments or employees, including
Department Heads, placed in Classified Service, from the operation of such
system, either by outright repeal of the Civil Service ordinance or otherwise,
unless and until its withdrawal shall have been submitted to the voters of the City
at a regular or special municipal election held in the City and shall have been
approved by majority vote at a City election.
SECTION 1201. CLASSIFICATION.
All Department Heads shall be in the Unclassified Service.
The City Manager, City Attorney, City Clerk and City Treasurer shall be in
the Unclassified Service.
SECTION 1202. APPOINTMENTS FROM CIVIL SERVICE POSITIONS.
In the event an employee of the City holding a position in the Classified
Service is appointed to a position in the Unclassified Service, and within two
years is removed or resigns from that position, the employee shall revert to his or
her former position in the Classified Service upon the same terms and conditions
as if he or she had continuously remained in that position.
SECTION 1203. PROHIBITIONS.
No person shall willfully make any false statements, certificate, mark,
rating or report in regard to any application, test certification or appointment held
or made under the Civil Service System or in any manner commit or attempt any
fraud preventing the impartial execution of such Civil Service System or its rules
and regulations.
ARTICLE XIII. RETIREMENT SYSTEM
SECTION 1300. PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
Plenary authority and power are hereby vested in the City, its City Council
and its several officers, agents and employees, to do and perform any act or
exercise any authority granted, permitted or required under the provisions of the
Public Employees' Retirement Law, as it now exists or hereafter may be Page 23 of 33
amended, to enable the City to continue as a contracting City under the Public
Employees' Retirement System. The City Council may terminate the contract
with the Board of Administration of the Public Employees' Retirement System,
whereby all employees are members of the System, only under authority granted
by ordinance adopted by majority vote at a City election.
ARTICLE XIV. GENERAL PROVISIONS RELATING TO OFFICERS AND
EMPLOYEES
SECTION 1400. OFFICIAL BONDS.
The City Council shall fix the amounts and terms of the official bonds of all
employees who are required to give such bonds. All bonds shall be executed by
a responsible corporate surety, shall be approved as to form by the City Attorney,
and shall be filed with the City Clerk. Premiums on official bonds shall be paid by
the City.
SECTION 1401. OATH OF OFFICE.
Before entering upon the duties of their respective offices, all officers and
employees of the City shall take and subscribe to the following oath or
affirmation:
“I ................, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear true faith and
allegiance to the Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully discharge the
duties upon which I am about to enter.”
SECTION 1402. FINANCIAL INTEREST.
Except as provided by State law, officers and employees of the City shall
not be financially interested in any contract made by them in their official
capacity, or by any body or board of which they are members.
Officers and employees of the City shall not be purchasers at any sale or
vendors at any purchase made by them in their official capacity.
The office and employment of an officer or employee shall be forfeited
upon a judicial finding of a violation of this section.Page 24 of 33
SECTION 1403. ETHICAL CONDUCT.
It is the policy of the City that all officers and employees of the City shall
observe the highest standards of ethics. City officers and employees shall
comply with all federal, State and City statutes, laws, ordinances, rules,
regulations and policies relating to conflicts of interest, campaign disclosure and
ethical conduct, including, but not limited to, those relating to decision-making
where the official has a private financial interest; acceptance of gifts and other
items of value; acceptance of campaign contributions; use of confidential
information; and use of public property and resources. The City Council shall
adopt such ordinances and resolutions as it deems necessary to promote ethical
conduct in government.
SECTION 1404. IMPROPER POLITICAL ACTIVITY.
The officers and employees of the City shall not engage in, nor shall the
facilities of the City be used for, improper political activities. The City Council
shall have the authority to establish rules and regulations to implement this
policy.
ARTICLE XV. ELECTIONS
SECTION 1500. GENERAL MUNICIPAL ELECTIONS.
General municipal elections for the filling of all elective offices, other than
the Board of Education, shall be held in the City on the second Tuesday in April
in each even numbered year.
The election of members of the Board of Education shall be held in
accordance with State law. Expenses for Board of Education elections shall be
paid by the School District.
SECTION 1501. SPECIAL MUNICIPAL ELECTIONS.
The City Council may, at its discretion, call an election for any reason
sanctioned by law at any time it deems necessary. Such election shall be known
as a special municipal election.Page 25 of 33
SECTION 1502. ELECTIONS OFFICIAL.
The City Clerk shall be the City’s elections official, and as such shall
supervise the conduct of City elections and shall perform all other duties
assigned by State law to the City’s elections official. In all such matters, the City
Clerk shall act in a fair and impartial manner, in accordance with all applicable
provisions of this Charter, State law and City ordinances. Neither the City
Council, nor individual Council Members shall interfere with the City Clerk in the
performance of the duties assigned by this section.
SECTION 1503. PROCEDURE FOR HOLDING ELECTIONS.
Unless otherwise provided by this Charter, all City elections shall be held
in accordance with applicable provisions of the then current State law.
SECTION 1504. INITIATIVE, REFERENDUM AND RECALL.
The rights of the initiative, referendum and recall are reserved to the
voters of the City. All applicable provisions of the then current State law
governing the initiative, referendum and recall processes shall apply, insofar as
such provisions are not in conflict with this Charter.
SECTION 1505. ELECTIONS BY MAIL.
The City Council may, by ordinance, authorize the conduct of elections
wholly by mail, under which all votes shall be cast in the manner of absentee
ballots.
ARTICLE XVI. FINANCIAL AND FISCAL MATTERS
SECTION 1600. FISCAL YEAR.
The fiscal year of the City government shall begin on the first day of July
of each year and end on the thirtieth day of June of the following year; provided,
however, that the City Council may, by a vote of at least four-fifths of its
members, adopt an ordinance changing the City’s fiscal year.Page 26 of 33
SECTION 1601. TAX SYSTEM.
Unless otherwise provided by ordinance, the City shall continue to use, for
the purpose of ad valorem municipal taxation, the County system of assessment
and tax collection, as such system is now in effect or may hereafter be amended
and insofar as such provisions are not in conflict with this Charter.
If the City Council fails to fix the rate and levy taxes on or before August
31st in any year, the rate for the next preceding fiscal year shall thereupon be
automatically adopted and a tax at such rate shall be deemed to have been
levied on all taxable property in the City for the current fiscal year.
SECTION 1602. TAX LIMITS.
Exclusive of special levies permitted by this Charter, the City Council shall
not levy a property tax in excess of one percent of the assessed value of taxable
property in the City for municipal purposes, unless authorized by a two-thirds
vote at a City election.
There shall be levied and collected at the time and in the same manner as
other property taxes for municipal purposes are levied and collected as additional
taxes, if no other provision for payment thereof is made:
(a) A tax sufficient to meet all liabilities of the City for principal and
interest of all bonds or judgments due and unpaid, or to become due during the
ensuing fiscal year; and
(b) A tax sufficient to meet all obligations of the City to the Public
Employees' Retirement System, or other system for the retirement of City
employees due and unpaid or to become due during the ensuing fiscal year.
Special levies, in addition to the above, may be made annually, based on
City Council approved estimates, for specific purposes as may be approved by
the City Council. The proceeds of any such special levy shall be used for no
other purpose than that specified.
SECTION 1603. BONDED DEBT LIMIT.
The bonded indebtedness of the City may not exceed the sum of 15
percent of the total assessed valuation of all the real and personal property within
the City.Page 27 of 33
SECTION 1604. CONTRACTS FOR PUBLIC WORKS.
The City Council shall, from time to time, establish, by ordinance,
procedures to ensure the integrity of awarding all contracts for the construction or
improvement of public works, buildings, streets, drains, sewers, utilities, parks
and playgrounds. Subject to such exceptions as the City Council may establish,
these procedures shall call for soliciting multiple bids for all contracts. The
procedures shall be reviewed periodically by the City Council at a public hearing.
The City Council may award a contract without complying with the
procedures then in place by a vote of at least four-fifths of its members after a
public hearing.
This Charter has been enacted for the collective benefit of the People of
the City of Culver City, and is not intended to confer legal rights or remedies
upon individual persons or entities that elect to do business with the City. In
furtherance of this intention, it is specifically declared that no contractor, person
or entity shall be entitled to bring any legal or equitable action against the City
alleging that the City failed to perform its obligations under this section or under
any ordinance enacted to establish the procedures for awarding public works
contracts. Nothing in this paragraph shall prohibit or restrict the City from
adopting ordinances or entering into contracts that grant legally enforceable
rights to one or more contractors, persons or entities.
SECTION 1605. PURCHASING OF SUPPLIES, MATERIALS AND
EQUIPMENT.
The City Council shall establish procedures for the purchasing, storing and
distribution of all supplies, materials and equipment required by any City
department. The City Manager shall direct the implementation of such
procedures for all City departments.
SECTION 1606. RESERVE FUNDS.
The City Council shall maintain sufficient cash reserves for the purpose of
placing the payment of operating expenses of the City on a cash basis. The
reserves shall be built from any available sources, and in combination with
anticipated revenues shall be sufficient to meet all lawful demands against the
City. Transfers may be authorized by the City Council from one fund to another
fund or funds in such amounts as may be required to place those funds as nearly
as possible on a cash basis. In case of such transfers, monies shall be returned
to the fund from which they were transferred as they become available.Page 28 of 33
SECTION 1607. CAPITAL FUNDS.
The funds for capital improvements, previously created, are hereby
continued in existence. The City Council by ordinance may create a special fund
or funds for a special capital improvement purpose. Subject to the restrictions of
the Constitution, the City Council may levy and collect taxes for capital
improvements and may include in the annual tax levy a levy for such purposes in
which event it must apportion and appropriate to any such fund or funds the
money derived from such levy. It may not, in making such levy, exceed the
maximum tax rate provided for in this Charter, unless authorized by majority vote
at a City election. The City Council may transfer to any such fund any
unencumbered surplus funds remaining on hand in the City at any time.
Once established, such fund shall be restricted to only the purposes for
which it was created, unless the assent of the voters is expressed to the use of
such fund for some other purpose by majority vote at a City election.
SECTION 1608. CLAIM REQUIRED FOR ACTIONS AGAINST CITY.
No suit may be brought on any claim for money or damages against the
City, the City Council, or any City commission, board, committee, officer or
employee until a claim has been presented and rejected in whole or in part in
accordance with procedures adopted by the City Council for the regulations of
claims, subject to the provisions of State law.
SECTION 1609. INDEPENDENT AUDIT REQUIRED.
At the beginning of each fiscal year, the City Council shall employ an
independent, certified public accountant or firm of such accountants who, at such
time or times as may be specified by the City Council, shall examine the books,
records, inventories and reports of the City and of all officers and employees of
the City who receive, handle or disburse public funds and of all such other City
officers, employees and departments as the City Council may direct. As soon as
practicable after the end of the fiscal year, a final audit and report shall be
submitted by such accountant or firm to the City. Copies of such audit and report
shall be provided to each Council Member; and copies shall be placed on file in
the office of the City Clerk and made available for inspection by the general
public. Such accountant or firm shall have no direct or indirect personal interest
in the fiscal affairs of the City or of any of the officers of the City.Page 29 of 33
ARTICLE XVII. FRANCHISES
SECTION 1700. FRANCHISES.
The City Council may, by ordinance, grant a franchise to furnish the City
and its inhabitants with any public utility or service and to use the public streets
for that purpose. The exercise by any person, firm or corporation of any privilege
for which a franchise is required without procuring such franchise from the City is
prohibited.
Before granting any franchise, the City Council shall adopt a resolution
declaring its intention to grant the same, stating the name of the proposed
grantee, the character of the franchise and the terms and conditions upon which
it is proposed to be granted. Such resolution shall set forth the time and place at
which any person may appear before the City Council and be heard. The City
Council shall direct the City Clerk to publish the resolution at least once within 15
days of its passage in a newspaper circulated in the City and designated by the
City Council. The date and time fixed for the public hearing shall be not less than
20, nor more than 60 days after the adoption of the resolution.
At the hearing, the City Council shall consider all protests and comments.
Thereafter, the City Council may amend, grant or deny the franchise. Such
decision shall be final and conclusive, subject to the right of referendum of the
People. The provisions of this section shall not apply to a transfer or assignment
of an existing franchise.
ARTICLE XVIII. REVENUE RETENTION
SECTION 1800. REDUCTIONS PROHIBITED.
With regard to municipal affairs and areas not preempted by the State,
any revenues raised and collected by the City shall not be subject to subtraction,
retention, attachment, withdrawal or any other form of involuntary reduction by
any other level of government.
SECTION 1801. MANDATES LIMITED.
No other level of government shall have the right to require any person
acting on behalf of the City to perform any function unless and until the
mandating authority provides sufficient funds for the performance of such
function. The City Council may instruct any department, commission, board, Page 30 of 33
committee, officer or employee of the City to disregard any mandate for which
adequate funding has not been provided.
ARTICLE XIX. CHARTER REVIEW COMMITTEE
SECTION 1900. CHARTER REVIEW COMMITTEE.
Beginning in January 2014, and in January every 10 years thereafter, the
City Council shall hold a public hearing to consider the need for a comprehensive
review of the existing Charter and shall determine whether or not to appoint a
Committee to consider and propose amendments to the existing Charter. Within
12 months after its creation, or such other time period as may be specified by the
City Council, the Committee shall present to the City Council any proposed
amendments to the Charter. The City Council shall act upon the
recommendations of the Committee before the last day to place the proposed
amendments on the ballot at the next regular municipal election. The City
Council may, at its discretion, appoint a Charter Review Committee at any time.
ARTICLE XX. SUCCESSION AND TRANSITION
SECTION 2000. EFFECTIVE DATE OF CHARTER.
This Charter shall be effective on the later of July 1, 2006, or the date it is
accepted and filed by the Secretary of State.
SECTION 2001. RIGHTS AND LIABILITIES.
The City shall continue to own, possess and control all rights and property
of every kind and nature owned, possessed or controlled by it at the time this
Charter takes effect and shall continue to be subject to all its debts, obligations,
liabilities and contracts.
SECTION 2002. EXISTING LAWS, REGULATIONS AND POLICIES.
All lawful ordinances, resolutions, policies, rules and regulations in force at
the time this Charter takes effect, and that are not in conflict or inconsistent with
this Charter, are hereby continued in force until they have been duly repealed,
amended, changed or superseded by proper authority.Page 31 of 33
SECTION 2003. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED.
Except as specifically provided, nothing in this Charter shall affect or
impair the civil service, pension and retirement rights or privileges of officers or
employees of the City, or of any City department existing at the time this Charter
takes effect.
SECTION 2004. CONTINUANCE OF CITY COUNCIL AND BOARD OF
EDUCATION.
The members of the City Council and of the Board of Education of the
Culver City Unified School District in office at the time this Charter takes effect
shall continue in office until the expiration of their respective terms and until their
successors are elected and certified.
SECTION 2005. EXISTING COMMISSIONS, BOARDS AND COMMITTEES.
Commissions, boards and committees previously established by the City
Council shall continue to exist and exercise the powers and perform the duties
conferred upon them; provided, however, that the City Council may abolish any
or all of said commissions, boards or committees and may alter their structure,
membership and duties.
The members of the commissions and boards holding office when this
Charter takes effect shall continue to hold office until their respective terms of
office shall expire and until their successors shall be appointed, or until such time
as the body is abolished by action of the City Council.
The members of Committees existing when this Charter takes effect shall
continue to remain members until they are replaced or removed by the City
Council or until the Committee is abolished.
SECTION 2006. EXISTING EMPLOYEES OF THE CITY.
The present employees of the City shall continue to perform their duties
without interruption, subject to this Charter and all applicable provisions of any
existing or future ordinance, resolution, rule or law relating to the removal, duties
or control of such employees.Page 32 of 33
SECTION 2007. EXISTING CONTRACTS AND CONTRACTING
PROCEDURES.
All contracts entered into by the City, or for its benefit, before the effective
date of this Charter, shall continue in full force and effect according to their terms.
The procedures for awarding contracts for public works existing at the time
this Charter takes effect, will continue to be followed until such time as the City
Council establishes, by ordinance, different required procedures.
SECTION 2008. PENDING ACTIONS AND PROCEEDINGS.
No civil or criminal action or proceeding that has been brought by or
against the City, or any City department and that is pending as of the effective
date of this Charter, shall be affected or abated by the adoption of this Charter.
All such actions or proceedings may be continued, even if the functions, powers
or duties of any City department that is a party to such action or proceeding have
been assigned or transferred under this Charter to another City department. In
that event, such actions may be prosecuted or defended by the head of the City
department to which such functions, powers and duties have been assigned or
transferred under this Charter.
SECTION 2009. CONTINUANCE OF CITY TREASURER.
The previously elected City Treasurer shall continue to serve until April 8,
2008. Prior to such date, the elected City Treasurer shall exercise all of the
duties and functions assigned to the City Treasurer by the Charter in effect
immediately prior to the adoption of this Charter, including the supervision and
direction of the City's investment function. Should the office of City Treasurer
become vacant prior to April 8, 2008, the City Council shall appoint a
replacement to serve until April 8, 2008.
SECTION 2010. CONTINUANCE OF CITY CLERK.
The person elected to the office of City Clerk at the April 11, 2006, general
municipal election shall serve until April 8, 2008. Prior to such date, the elected
City Clerk shall exercise all of the duties and functions assigned to the City Clerk
by the Charter in effect immediately prior to the adoption of this Charter. Should
the office of City Clerk become vacant prior to April 8, 2008, the City Council
shall appoint a replacement to serve until April 8, 2008.Page 33 of 33
SECTION 2011. ELIMINATION OF TRANSITION PROVISIONS.
If, in the judgment of the City Attorney, any of the sections included in this
Article become obsolete by virtue of the completion of all acts required under
those sections, the City Attorney shall so advise the City Council. Upon the
adoption by the City Council of a resolution to such effect, the obsolete sections
shall be deemed to have expired, and the City Clerk shall then remove those
sections from the next printing of this Charter.
ARTICLE XXI. MISCELLANEOUS
SECTION 2100. VIOLATIONS.
A violation of any provision of this Charter shall be a misdemeanor, except
that such violation may be prosecuted as an infraction at the discretion of the
prosecuting authority. The City Council shall, by ordinance, establish the
penalties for a violation of this Charter, but in no event shall such penalties
exceed the maximum penalties permitted under State law.
Any violation of this Charter may be prosecuted in the name of the People
of the State of California or may be redressed by the City through any legal or
equitable remedies.
SECTION 2101. VALIDITY.
If any provision of this Charter, or the application of any Charter provision
to any person or circumstance, is held invalid, the remainder of this Charter, and
the application of such provision to other persons or circumstances, shall not be
affected.