City of Culver City, California
Agenda Item Report
Meeting Date: 02/07/2011 Item Number: C-7
CITY COUNCIL AGENDA ITEM: Introduction of an Ordinance Amending Section
5.01.080 of the Culver City Municipal Code Regarding Delegation of Authority for
the Approval of Waivers of Late Charges for Delinquent Refuse Accounts.
Contact Person/Dept.: Jeff Muir/Finance Phone Number: (310) 253-5865
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (02/02/11)
Department Approval:
Jeff Muir (01/18/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/01/11)
Chief Financial Officer Approval:
Jeff Muir (01/18/11)
City Manager Approval:
John M. Nachbar (02/02/11)
RECOMMENDATION
Staff recommends that the City Council introduce the proposed Ordinance amending
Section 5.01.080 of the Culver City Municipal Code (CCMC) to delegate certain
authority for the approval of waivers of late charges for delinquent refuse accounts.
BACKGROUND
At the City Council meeting of October 19, 2009, the City Council approved the staff
recommendation to delegate authority for the waiver of delinquent refuse late
charges and directed staff to bring back the necessary Ordinance. Due to the
subsequent temporary absence of the Chief Financial Officer, this item was not able
to be brought back until this time.
The current CCMC requires that refuse payments be received by the last day of the
month. Payments not received by the last day of the month are subject to a late
charge of 50%. This is a very high late charge, but it also serves as an incentive for
on-time payments. There is no language in the CCMC that provides any authority
for staff to waive late charges under any situation. The only provision for any kind of
appeal is related specifically to charges for special collections. There are
occasionally situations where staff feels a waiver of the late charges would be
appropriate.
The Finance Department normally gets several such requests per year. In situations
where a customer has a good payment history and a reasonable excuse, staff feels
it would be appropriate and more efficient to have authority to consider such City of Culver City, California
Agenda Item Report
requests. The purpose of this item is to amend the CCMC to delegate some
authority in this regard to the City Manager or his designees.
DISCUSSION
As recommended and approved in the October 19, 2009 staff report, this proposed
Ordinance will delegate authority to approve the waiver of late charges for
delinquent refuse charges as follows:
• For late charge waiver requests up to and including $250: the City Manager
(or his designee) may approve such requests.
• For late charge waiver requests over $250 but less than $5,000: the City
Manager (or the Assistant City Manager acting on his behalf), may approve
such requests in consultation with the Chief Financial Officer and the Public
Works Director.
• For late charge waiver requests over $5,000: such requests must receive
City Council approval.
If this Ordinance is enacted, a consistent Administrative Policy shall be issued by the
City Manager governing the conditions under which such a request could be
approved.
FISCAL IMPACT
Approval of this item could result in occasional and immaterial waivers of late
charges in the future. This would only affect the Refuse Fund.
ATTACHMENTS:
Proposed Ordinance
MOTION:
That the City Council:
introduce an Ordinance amending Section 5.01.080 of the Culver City Municipal
Code.
MEETING DATE: 02/07/2011
AGENDA ITEM: AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SECTION 5.01.080 OF THE
CULVER CITY MUNICIPAL CODE TO AUTHORIZE
CERTAIN CITY STAFF TO WAIVE REFUSE LATE
CHARGES UNDER CERTAIN CIRCUMSTANCES.
ATTACHMENTS
1. Ordinance
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ORDAIN as follows:
The City Council of the City of Culver City, California, DOES HEREBY
SECTION 1. Section 5.01.080 of the Culver City Municipal Code is hereby
§ 5.01.080 DELINQUENT ACCOUNT.
Chief Financial Officer and the Public Works Directors, has the
authority to approve a request for waiver of late charges in
amounts greater than Two Hundred Fifty Dollars ($250) but less
than Five Thousand Dollars ($5,000).
for considering and approving a request for waiver of late
charges.
The City Manager, or his/her designee, has the authority to
approve a request for waiver of late charges in amounts up to
Two Hundred Fifty Dollars ($250l.
Thousand Dollars ($5,000) or greater may only be approved by
the City Council. The City Council's determination regarding
such request shall be final.
The City Manager shall create written policies and procedures
The City Manager, or his/her designee, in consultation with the
Any request for waiver of late charges in amounts of Five
2.
1.
3.
4.
ORDINANCE NO. 2011- _
A. Late Charge. If payment is not received in the office of the City
Treasurer on or before the due date established in § 5.01.075, the
account shall be considered delinquent and a late charge of fifty
percent (50%) shall be added to the face amount of the bill prepared
during the month the account became delinquent.
B. Request for Waiver.
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SECTION 5.01.080 OF THE
CULVER CITY MUNICIPAL CODE TO AUTHORIZE
CERTAIN CITY STAFF TO WAIVE REFUSE LATE
CHARGES UNDER CERTAIN CIRCUMSTANCES.
amended to read as follows (additions indicated by underlined text):|101010101010101010 10
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-1-SECTION 2. Pursuant to Section 619 of the Culver City City Charter, this
ordinance shall take effect thirty (30) days after its adoption. Pursuant to Section 616 and
(3) places within the City.
provision, section, subsection, paragraph, sentence, phrase or word of this ordinance be
The City Manager's denial of a request for waiver may be 5.
appealed to the Citv Council. Appeals shall be submitted in
writing and filed with the City Clerk within fifteen (15) days of the
denial of such request.
C. Penalties. Delinquent accounts, including late charges, shall be
recoverable by civil action of the City. Willful failure to pay a delinquent
account shall be deemed a violation of this Code and be punishable as
a misdemeanor.
D. Supension of Service. In addition to the penalties and remedies
established in this Section, the City Agent may suspend service to an
account which has been delinquent for longer than sixty (60) days,
provided not less than thirty (30) days written notice of the suspension
has been given to the account holder at the service address and full
payment has not been received. Solid waste collection services may be
reinstated upon full payment of the delinquent account.
SECTION 3. The Culver City City Council hereby declares that, should any
in the Culver City News and shall post this ordinance or a summary thereof in at least three
621 of the Culver City City Charter, prior to the expiration of fifteen (15) days after the
adoption, the City Clerk shall cause this ordinance, or a summary thereof, to be published
rendered or declared invalid or unconstitutional by any final action in a court of competent
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-2-1|10101010101010|jurisdiction or by reason of any preemptive legislation, the Culver City City Council would
have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, phrases or words of this ordinance and as such they shall remain in full force
and effect.
APPROVED and ADOPTED this__ day of .2011.|1010 10
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ATTEST:
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14 MARTIN COLE, City Clerk
A11-00035
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CHRISTOPHER ARMENTA, Mayor
City of Culver City, California
APPROVED AS TO FORM:
,k CA OL A. SCHWAB, City Attorney
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