City of Culver City, California
Agenda Item Report
Meeting Date: 12/10/2012 Item Number: A-6
CITY COUNCIL AGENDA ITEM: (1) Discussion of the Current Structure of the
Fiesta La Ballona Committee; (2) Consideration of Creating a City Council
Appointed Fiesta La Ballona Committee; and (3) Adoption of a Resolution Creating
the Committee and Approving Bylaws for Such Committee (if Desired)
Contact Person/Dept.:
Martin R. Cole/City Manager’s Office
Phone Number:(310) 253-6000
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (12/07/12); Members of
the Fiesta La Ballona Committee (12/06/12)
Department Approval:
Martin R. Cole (12/05/12)
City Attorney Approval:
Carol A. Schwab (by H. Baker) (12/06/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (12/06/12)
City Manager Approval:
John M. Nachbar (12/07/12)
RECOMMENDATION:
Staff recommends the City Council consider the current structure of the existing
Fiesta La Ballona Committee (a group of volunteers currently without a formal legal
structure), consider creating a City Council appointed Fiesta La Ballona Committee
(an Official City Committee), and, adopt a resolution creating such Committee and,
approving its bylaws.
BACKGROUND:
At the City Council meeting of November 12, 1012, the City Council directed the City
Manager to place on the agenda of the December 10, 2012 meeting a discussion of
bylaws for a Fiesta La Ballona Committee (as a City Council Appointed Committee).
Prior to this most recent direction, at the February 19, 2008 City Council meeting,
the City Council considered an extensive report on issues related to various
Community Organizations and a City Council Policy designed to streamline the
relationship between the City and those organizations. After significant public input
and discussion by the City Council, the City Council took the following actions:
MOVED BY COUNCILMEMBER MALSIN, SECONDED BY
COUNCILMEMBER GROSS AND UNANIMOUSLY CARRIED, THAT
THE CITY COUNCIL:
City of Culver City, California
Agenda Item Report
1. DETERMINE THAT THE FIESTA LA BALLONA COMMITTEE AND
THE DR. MARTIN LUTHER KING, JR. COMMITTEE SHALL BECOME
CATEGORY 1 GROUPS, CITY COUNCIL APPOINTED COMMITTEES;
2. THAT THE POLICY WOULD BE IMPLEMENTED ON THE FIRST DAY
AFTER EXPIRATION OF A SPECIFIC COMMUNITY ORGANIZATION’S
EXISTING AGREEMENT WITH THE CITY APPLIED UNTIL SUCH TIME
AS THE STAFF RETURNS TO THE CITY COUNCIL WITH EITHER THE
NEGOTIATED MOU OR A LISTING OF GROUPS WHERE AN MOU
EITHER COULDN’T BE REACHED OR WAS DETERMINED NOT TO BE
APPROPRIATE AND THOSE MOUS SHALL BE NEGOTIATED
UTILIZING OBJECTIVE CRITERIA UNDER THE SUPERVISION OF THE
CITY ATTORNEY AND CITY MANAGER;
3. ADOPT RESOLUTION NO. 2008-R011 ESTABLISHING A POLICY
RELATED TO COMMUNITY ORGANIZATIONS; AND
4. DIRECT STAFF TO REVIEW OTHER EXISTING, RELATED
POLICIES, RULES, AND REGULATIONS FOR CONSISTENCY WITH
THIS POLICY AND RETURN TO THE CITY COUNCIL WITH ANY
REQUIRED AMENDMENTS TO SUCH DOCUMENTS.
As reflected in the discussion at the time, this process was expected to take place
slowly as it ultimately would institute significant change on some groups that had
been in place for years, and in some cases, for decades.
Since the February 19, 2008 City Council meeting, staff has been working with many
community groups to (1) implement the City Council adopted fee schedule for use of
City facilities (based on objective criteria); (2) negotiating memoranda of
understanding with various community non-profit organizations (i.e. Chamber of
Commerce, Downtown Business Association); and (3) move various groups forward
in the process of becoming City Council Committees. Tonight’s agenda contains a
separate item for City Council discussion that may conclude the outstanding issues
relating to the adopted fee schedule. Consideration of the subject item may
conclude this outstanding issue.
DISCUSSION:
As mentioned in the February, 2008 staff report, Culver City has experienced
significant growth and change since it was incorporated in 1917. From its relatively
modest beginning as a place for films to be produced, in the 95 years since, Culver
City has become a City known for its safe residential neighborhoods, its downtown
dining experiences, and its unique shopping opportunities. As the City evolves, the
City often needs to further improve its operations by updating policies, procedures,
and implementing best management practices. City of Culver City, California
Agenda Item Report
Specifically with respect to the Fiesta La Ballona, pursuant to the City Council’s
direction in 2008, staff worked together with members of the existing Fiesta La
Ballona Committee to discuss the format of proposed bylaws for a City Council
Appointed Committee for ultimate presentation of such bylaws to the City Council for
consideration. Over the past five year period, the draft bylaws underwent significant
changes. Also, membership of the current Committee along with staff also changed.
Ultimately, the attached bylaws have been prepared by staff and incorporate many
of the components of the bylaws for the Financial Advisory Committee (which bylaws
were approved by this City Council on October 22, 2012). Some of the important
provisions of the proposed bylaws are:
• The Committee shall be comprised of seven persons appointed by the City
Council from applicants that submit an application to the City Clerk’s Office.
• Each member shall serve a term of four years (with the exception of the newly
formed Committee which shall have some members serve a shorter term to
allow for staggering of terms).
• Similar to the current Committee, the Fiesta La Ballona Committee is tasked
with assisting in the planning and promotion of the annual Fiesta La Ballona
(the “Event”) (the Event continues to be a City of Culver City Event produced
by the Parks, Recreation, and Community Services Department).
• As an official City Committee, the meetings of the Committee are subject to
the requirements of the Brown Act (including public participation and notice).
It is also important to note that Members of the Committee are covered by the City’s
insurance in the performance of their official City duties.
Acknowledging the importance of volunteers to the production of this Event, existing
(and new) volunteers will continue to be an integral part of the Fiesta La Ballona.
Such volunteers (along with any member of the public) can attend and speak at the
Committee’s meetings. Volunteers will be enrolled in the City’s volunteer program.
Should the City Council approve the proposed action this evening, the City Clerk’s
Office would advertise for vacancies on the newly formed Fiesta La Ballona
Committee. The City Council would consider such appointments in late
January/early February.
FISCAL ANALYSIS:
Creation of the City Council appointed Fiesta La Ballona Committee and related
bylaws would not create a new fiscal impact as the existing Committee’s costs are
included in existing appropriations.
City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed Resolution with Fiesta La Ballona Committee Bylaws
MOTIONS:
That the City Council:
1. Discuss the subject of the formation of a City Council Appointed Fiesta La
Ballona Committee; and,
2. (If Desired) Adopt a Resolution Creating a City Council Appointed Fiesta La
Ballona Committee and approving its bylaws
MEETING DATE: December 10, 2012
AGENDA ITEM : (1) Discussion of the Current Structure of the Fiesta La
Ballona Committee; (2) Consideration of Creating a City Council
Appointed Fiesta La Ballona Committee; and (3) Adoption of a Resolution
Creating the Committee and Approving Bylaws for Such Committee (if
Desired)
ATTACHMENTS
Pages
1. Proposed Resolution (w/proposed bylaws)
1-7
RESOLUTION NO. 2012-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ESTABLISHING A FIESTA LA
BALLONA COMMITTEE.
WHEREAS, the City and its residents and visitors have been enjoying the
Fiesta La Ballona for over fifty years; and
WHEREAS, an integral part of the planning and promotion of the Fiesta La
Ballona Event is the Fiesta La Ballona Committee; and
WHEREAS, the Fiesta La Ballona Committee has taken several forms over its
lifetime, including at one point, having its members appointed by the City Council; and
WHEREAS, the current Fiesta La Ballona Committee is comprised of persons
interested in planning and promoting this annual community event; however, the current
committee does not have a formal legal structure; and
WHEREAS, committee members should enjoy the support and protection
afforded to members of other official City Commissions, Committees, and Boards as they
discharge their official duties in planning and promoting the Fiesta La Ballona event; and
WHEREAS, Section 1105 of the City Charter provides the City Council with the
authority to establish committees for a specified purpose.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. The Fiesta La Ballona Committee is hereby established and shall
consist of seven voting members to be appointed by the City Council.
2. The Fiesta La Ballona Committee's purpose, organization, duties,
officers, meetings and staff support, and the qualifications of the
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Committee Bylaws.
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3. The Fiesta La Ballona Bylaws, attached hereto as Exhibit A and
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incorporated herein by this reference, are hereby approved and may
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only be amended by resolution of the City Council.
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APPROVED and ADOPTED this
day of
, 2012.
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ANDREW WEISSMAN, Mayor
City of Culver City, California
ATTEST:
Air Alit IOW
IAA rE. P Ailt
MART -IN R. COLE, City Clerk JUL A. SCHWAB, y Attorney
Al2-01028
APPROy D AS TO FORM: EXHIBIT ‘A’ TO RESOLUTION NO. 2012-R-___
FIESTA LA BALLONA COMMITTEE
BYLAWS
I. PURPOSE
A. To advise and make recommendations to the City Council and the Director of
Parks, Recreation, and Community Services (Director) on policies and issues
related to the City’s annual Fiesta La Ballona (Event) as defined in these Bylaws.
II. ORGANIZATION
A. Composition
1. The Fiesta La Ballona Committee (hereinafter Committee) shall consist of
seven (7) members appointed by the City Council. Members need not be
Culver City residents, however Culver City residents and owners/operators of
Culver City based businesses are encouraged to apply for the Committee.
B. Terms of Office
1. Initially, three Members shall serve until November 30, 2014 with the remaining
four Members serving until November 30, 2016.
2. Members shall serve a maximum of two terms. If a member serves a partial term
in excess of two (2) years, it shall be considered a full term for the purpose of
these Bylaws.
3. All members shall serve at the pleasure of the City Council.
C. Absence of Committee Members
1. Any member, who within a twelve month period has four absences, shall be
referred to the City Council for consideration of replacement.
2. Any member of the Committee may be removed at any time and without cause
by a majority vote of the City Council.
D. Appointments to Fill Vacancies
1. If a vacancy occurs, the City Council may, but shall not be required to,
appoint a qualified replacement for the remainder of the term for that seat.
E. Compensation and Reporting
1. Members of the Committee shall serve without compensation for their service on
the Committee.
2. Members may be required to file statements of economic interest in accordance
with the California Government Code.
3. Members shall take any mandatory training prior to serving or, if deemed
appropriate by the City Manager, within 180 days of being appointed by the City
Council.
III. DUTIES
A. The Committee shall provide advice to the City Council and the Director (or his/her
designees) based on the specific tasks or duties approved by the City Council, which
may include, but shall not be limited to:
1. To assist the City in the organization and production of the Event.
2. To stimulate community interest in the Event through education, community
involvement, advertisement and volunteer opportunities. 3. To promote cooperation and coordination among various community organizations,
local businesses, and Event participants.
4. To explore ways to improve the Event and provide for greater enjoyment for residents.
5. To involve all segments of the community in the Event.
B. The operation of this Committee is subject to all applicable laws, including but not limited
to, the City Charter, the Culver City Municipal Code, and other applicable Ordinances
and Resolutions adopted by the City Council (including City Council Policies).
C. Unless prohibited by applicable federal or state law or the City Charter, notwithstanding
any other provisions of these Bylaws, or where final decision making authority has been
delegated by the City Council to this Committee, the City Council retains jurisdiction on
all items which may otherwise be considered by the Committee. Either the City Council
or the City Manager, in their sole discretion, may determine to have any item heard
directly by the City Council.
IV. OFFICERS
A. Designation of Officers
1. At the initial meeting and at the first meeting at the beginning of
the Planning Year , the Committee shall elect a Chair and Vice-Chair
from among its membership.
2. The Chair and Vice-Chair of the Committee shall serve at the pleasure of the
Committee.
3. The Chair and Vice-Chair shall serve terms of one year commencing upon their
appointment and concluding on the later of November 30 of the following year or
the election of their successors.
B. Duty of Officers
1. The Chair shall preside over all Committee meetings.
2. The Vice-Chair shall act as the Chair in his/her absence.
V. MEETINGS
A. Annual Meeting: The Committee shall meet at least one time each Planning Year. The
Planning Year is the twelve month period commencing on the first day of the first month
10 months prior to the annual Event – generally November 1 of each year) Officers shall
be selected at this Annual Meeting. Other business may also be transacted during this
meeting.
B. Post-Event Meeting. The Post-Event Meeting of the Committee shall be held at the next
scheduled meeting of the Committee after the conclusion of the Event. At this time, the
Committee may receive written reports related to the event, discuss any problems experienced
during the Event and consider proposals for improvements to future Events.
B. Regular Meetings: The Committee shall meet as needed. The Members shall establish a
regular meeting schedule at the first meeting of each Planning Year.
C. Special Meetings: Special meetings may be called at any time by the Chair or four or
more members.
D. All meetings shall be called, noticed, held, and conducted in accordance with the
provisions of the Ralph M. Brown Act (commencing with California Government Code
Section 54950).
E. Fifty percent plus one of those members appointed by the City Council shall constitute a
quorum. Each Committee member shall be entitled to one vote. Approval of any matter
requires an affirmative vote from the majority of the members present.
F. The latest edition of Robert's Rules of Order shall constitute the parliamentary guidelines
for transaction of the Committee's business. Where there is a conflict between Robert's
Rules of Order and the Bylaws, the Bylaws shall have precedence. Failure to strictly
follow Robert's Rules of Order shall not invalidate any action of the Committee.
G. Consensus among a majority of Committee members present must exist in order to
place an item on a future agenda for discussion, or to request research by staff.
VI. STAFF SUPPORT
A. The Director of Parks, Recreation, and Community Services (Director) and Department
staff, as directed and determined by the Director, shall provide staff support to the
Committee to include:
1. Agenda Preparation and posting.
2. Respond to requests for information by the Committee.
3. Provide technical assistance and advice to the Committee.
4. Take minutes and coordinate preparation and dissemination of materials.
5. Perform follow-up activity as requested consistent with the duties of the
Committee.
B. In the event the Director determines that a request for research by the Committee is not
within the approved tasks or duties of the Committee as set forth in Section III A of these
Bylaws, or that the request requires a dedication of staff time that is not available within
the requirements of day-to-day operations, the Director shall confer with the City
Manager. The City Manager shall decide whether the staff support shall be provided in
that instance. The Committee may appeal the City Manager’s decision to the City
Council.
VII. AMENDMENT TO BYLAWS
These Bylaws may only be amended by resolution of the City Council.