City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council introduce an Ordinance (Attachment 1)
amending and repealing various sections of the Culver City Municipal Code
(“CCMC”) due to the electorate’s adoption of a revised City Charter.
BACKGROUND / DISCUSSION:
This Ordinance is Phase One of the City Attorney’s “Municipal Code Update” work
program for this fiscal year. In approaching the most efficient process for
undertaking this work program, various areas of the CCMC that are in need of
updating were prioritized and separated into three phases.
Phase One
At the April 11, 2006 General Municipal Election, a revised City Charter was adopted
by the voters. Several organizational changes were part of the revisions to the
Charter (i.e. change from Chief Administrative Officer to City Manager). As a result,
the CCMC is now inconsistent with the Charter in certain areas. Phase One of the
Municipal Code Update will serve to correct these inconsistencies.
Phase Two
Also as a result of the adoption of the revised City Charter, several substantive
changes to the CCMC are necessary relating to the structure and organization of the
Meeting Date: 08/28/06 Item Number: A-1
AGENDA ITEM: Introduction of an Ordinance Amending and Repealing Various
Sections of the Culver City Municipal Code Due to the Electorate’s Adoption of a
Revised City Charter (Phase One of Municipal Code Update).
Contact Person/Dept.: Heather Iker and
Elaine Hirohama/City Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List (08/23/06)
Department Approval: Carol Schwab,
City Attorney (08/23/06) by H. Iker
City Manager Approval:
Martin Cole for Jerry Fulwood 8/22/06
City Controller Approval: N/ACity of Culver City, California
City Council Agenda Item Report
City. Many of these changes (i.e. changes relating to the Clerk and Treasurer
becoming appointed positions) must be in place by April 8, 2008. During this Phase,
the City Attorney’s Office will update the CCMC after policy decisions by the City
Council and City Manager are made to implement the revised Charter.
Phase Three
This Phase will consist of a periodic overall review of the CCMC to determine
whether modifications, clean-up or updating are necessary. The City Attorney’s
Office will work with all Departments to accomplish this effort.
Proposed Ordinance
The City Attorney’s office has completed Phase One of the Municipal Code Update.
The proposed Ordinance amending and repealing various sections of the CCMC will
serve to conform the CCMC to the revised City Charter, which became effective on
July 1, 2006. Most of the amendments are to change references from “Chief
Administrative Officer” to “City Manager.” There are other minor changes, including
correcting references to reflect the revised Charter sections. A chart detailing the
specific amendments to the CCMC and setting forth the reasons for the
amendments is included as Attachment 2.
FISCAL ANALYSIS:
There is no fiscal impact.
ATTACHMENTS:
1. Proposed Ordinance
2. Chart of CCMC Amendments
MOTION:
That the City Council:
Introduce an Ordinance amending and repealing various sections of the Culver City
Municipal Code due to the electorate’s adoption of a revised City Charter.
MEETING DATE: August 28, 2006
AGENDA ITEM: Introduction of an Ordinance Amending and Repealing various
Sections of the Culver City Municipal Code due to the
Electorate's Adoption of a Revised City Charter.
ATTACHMENTS
Pages
1. Proposed Ordinance 1-7
Chart of CCMC AmendmentsORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING AND REPEALING VARIOUS
SECTIONS OF THE CULVER CITY MUNICIPAL CODE DUE TO
THE ELECTORATE'S ADOPTION OF A REVISED CITY
CHARTER
WHEREAS, at the April 11, 2006, General Municipal Election the voters
adopted a revised City Charter;
WHEREAS, the revised City Charter became effective on July 1, 2006;
WHEREAS, as a result, various sections of the Culver City Municipal
Code are not consistent with the revised Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER
CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Sections 1.01.065, 3.01.010, 3.01.015, 3.01.025, 3.01.030,
3.01.105, 3.01.155, 3.05.065 and 3.07.305 of the Culver City Municipal Code are
hereby repealed in their entireties.
SECTION 2. The opening phrase of Section 1.01.010 of the Culver City
Municipal Code is hereby amended to read:
"In addition to the definitions set forth in Section 200 of the Charter, the
following definitions shall apply to this Code, unless the context clearly requires
otherwise:"
SECTION 3. Section 1.01.010 is further hereby amended by deleting the
following terms and definitions, thereof, contained in that section:
"CITY, THE CITY, THIS CITY;" "CITY COUNCIL, COUNCIL;" "STATE,
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SECTION 4. Section 3.01.100 of the Culver City Municipal Code is
hereby amended by deleting the third sentence, thereof, in its entirety.
SECTION 5. Section 3.01.120 of the Culver City Municipal Code is
hereby amended by deleting the first sentence, thereof, in its entirety, and by changing
the title of that section to read:
"ABSENT MEMBERS".
SECTION 6. Section 3.01.125 of the Culver City Municipal Code is
hereby amended by deleting the second sentence, thereof, in its entirety.
SECTION 7. Section 3.01.160 of the Culver City Municipal Code is hereby
amended in its entirety to read:
"§ 3.01.160 MISLEADING STATEMENTS UNDER OATH PROHIBITED.
"It shall be unlawful for any person, willfully, to make or file, on his own
behalf or for any other person, a false or misleading application or statement
under any form of oath to the City Council or any City officer in relation to any
matter or issue in which the City has an interest in the protection of the public
welfare or interest."
SECTION 8. Section 3.02.010 of the Culver City Municipal Code is
hereby amended in its entirety to read as follows:
"§ 3.02.010 CITY MANAGER.
A. Appointment; compensation.
1. The City Manager shall be appointed by the City Council
solely on the basis of his executive and administrative qualifications
and ability to serve in the unclassified service under the supervision
of the City Council.
-2-2. The City Manager shall receive such compensation as
the City Council shall from time to time determine and fix by
resolution.
B. Duties and powers. In addition to those set forth in the
Charter, the City Manager shall have the following duties and
powers:
1. Recommendations to City Council. To conduct studies
and to make recommendations to the City Council concerning all
functions of City government following analysis thereof; to
recommend ordinances for adoption by the City Council, subject to
the prior approval of the City Attorney as to the form thereof;
2. Investigation of complaints. To investigate all complaints
in relation to matters concerning the administration of the City
government and to take appropriate measures to obtain compliance
with the obligations of permits, franchises and privileges granted by
the City;
3. Supervision of public property. To exercise general
supervision over all public buildings, parks, and all other property
which is subordinate to the control of the City Council;
4. Public Relations Officer_ To serve as Public Relations
Officer of the City and to cooperate with all organizations which
advance the interests of the City and its residents;
5_ Inventory control. To prepare and keep current an
inventory of personal property owned by the City and to
recommend the acquisition, transfer or disposition of City property;
and
-3-6. Personnel Officer. To serve as Personnel Officer
personally or by delegation, and to recommend in all matters
pertaining thereto."
SECTION 9. Section 3.02.015 of the Culver City Municipal Code is
hereby amended in its entirety to read as follows:
"§ 3.02.015 CITY ATTORNEY.
A. Duties. In addition to those set forth in the Charter, the City
Attorney shall have the following powers and duties:
1. Improvement act work. To perform such legal work in
connection with street, sidewalk, sewer, and lighting improvement
districts as required by the City Council;
2. Attorney for Police Department. To serve as attorney for
the Police Department in all matters pertaining to law enforcement.
The City Council may assign the duties of prosecution of State
misdemeanors to either the District Attorney or the City Attorney by
resolution;
3. Drafting agreements. To draft all contracts and
agreements to which the City of Culver City may be a party and to
advise the City Council and/or any City Officer in connection
therewith; and
4. Attendance at meetings. To attend all meetings of the
City Council, unless excused, with the duty of reporting on or
discussing the legal aspect of any matters before the Council at
such meeting, and giving his advice or opinion in writing when
requested by the City Council or by any Board or Officer of the City.
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B. Hours of work. The City Attorney shall be required to devote
himself to his duties with the City of Culver City a minimum of forty
(40) hours per week, and shall not be eligible for overtime
compensation."
SECTION 10. Section 3.03.230 (A) of the Culver City Municipal Code is
hereby amended by substituting "General Plan" for "Master Plan" when it appears,
therein.
SECTION 11. Section 3.05.015 of the Culver City Municipal Code is
hereby amended so that (i) subdivision D. is deleted, (ii) Subdivisions E through H are
re-lettered D through G, respectively, and (iii) new subdivision D is amended in its
entirety to read as follows:
"D. Assistant City Managers, Assistants to the City Manager, the
Personnel and Employee Relations Director, Public Works Director/City Engineer
and such staff assistants to any of said employees as the City Council may
authorize."
SECTION 12. Section 3.05.020 of the Culver City Municipal Code is
hereby amended by (i) substituting "City Manager" for "Chief Administrative
Officer when it appears, therein; and (ii) deleting the phrase "subject to the
approval of the City Council" from Subdivision A, thereof.
SECTION 13. Section 3.05.040 of the Culver City Municipal Code is
hereby amended by substituting "two years" for "one (1) year" when it appears in the
last sentence, thereof.
SECTION 14. Section 3.07.005 (8) of the Culver City Municipal Code is
hereby amended by (i) substituting "City Manager" for "Chief Administrative Officer:" and
(ii) deleting the phrase "approved by the City Council."
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SECTION 15. Section 3.07.205 (B) (1) of the Culver City Municipal Code
is amended to substitute "§ 1607" for "§1307." when it appears in the first sentence,
thereof.
SECTION 16. Section 3,07.300 of the Culver City Municipal Code is
amended to substitute "§ 500" for "§§ 400 and 401" when they appear, therein.
SECTION 17. Section 3.10.015 of the Culver City Municipal Code is
amended to substitute "city officer or employee" for "City Official" when it appears,
therein.
SECTION 18. Section 5.05.020 of the Culver City Municipal Code is
amended by deleting the definition of "CITY," therefrom.
SECTION 19. Section 9.04.205 of the Culver City Municipal Code is
amended by deleting the definition of "CITY," therefrom.
SECTION 20. Section 9.10.010 of the Culver City Municipal Code is
amended to substitute "§621" for "§517" when it appears, therein.
SECTION 21. Section 17.700.010 of the Culver City Municipal Code is
amended by deleting the definitions of "City" and "City Council," therefrom.
SECTION 22. The Culver City Municipal Code is hereby amended by
substituting the term "City Manger" for the terms "Chief Administrative Officer" and
"CAO" each time either of the latter terms appears in sections 3.01.110, 3_01.150,
3.04.315, 3.05.025., 3.05.030, 3.06.050, 3.07.010, 3.07.055, 3.07.060, 3.07.070,
3.07.075, 3.08.265, 3.08.285, 3.09.020, 5.01.005, 5.01.020, 5.01.060, 5.01.090,
5.03.010, 5.03.015, 5.04.030, 5.04.065, 9.02.215, 9.04.035, 9.04.200, 9.04.205,
9.04.220, 9.04.225, 9.04.230, 9.04.235, 9.04.420, 9.04.425, 9.04.430, 9.04.455,
9.04.460, 9.04.470, 9.05.025, 9.05.040, 9.05.045, 9.05.050, 9.05.055, 9.05.065,
9.06.015, 9.06.110, 9.09.015, 9.11.080, 11.01.240, 11.01.330, 11.01.365, 11.01.505,
11.01.510, 11.01.515, 11.01.540, 11.01.635, 11.04.030, 11.10.005,
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11.10.025, 11.10.030, 11.10.060, 11.10.330, 11.13.125, 11.14.035, 11.20.020,
11.20_025, 11.21.010, 11.21.105, 11.21.140, 11.21.170, 11.21.200, 11.21.205,
11.21.220, 11.21.225, 11_21.230, 11.21.240, 11.21.245, 11.21.300, 11.21.310,
11.21.315, 11.26.025, 11.26.030, 13.03.140, 13.03.145, 15.10.100, 15.10.245 and
17.250.030.
SECTION 23. Pursuant to Section 619 of the City Charter,
this Ordinance shall take effect thirty (30) days after the date of its adoption. Pursuant
to Sections 616 and 621 of the 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 in the Culver City News and shall post this Ordinance or a summary
thereof in at least three places within the City.
SECTION 24. The City Council hereby declares that, if any provision,
section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered
or declared invalid or unconstitutional by any final action in a court of competent
jurisdiction or by reason of any preemptive legislation, then the 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 , 2006.
GARY SILBIGER, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, CAROL A. SCHWAB,
City Clerk City Attorney
-7-Page 1 of 36
PHASE ONE
CHART OF MUNICIPAL CODE AMENDMENTS FOR CONSISTENCY WITH THE NEW CHARTER
- ''•'.:.PcIvidi ....._. _ •:•.:•-:
' • - ,F•,I,-• ,50$1-ING.:CODR,.i;
•L';'••••' . oPcMgVAMENDIVIEt . - - - ..... _ ,_.., _ N
In addition to the definitions set forth in
•"•::•• AQiioN .: :. •- •:W -,:•.'.
... ,.... .
Delete and Amend. Definitions
are In the Charter.
,. . • CHARTES.,.gUION,:::' ,
1.01.010
Definitions;
Rules of
Construction
in-the-sonstructien-ef-this-Gode-and-of-all ordinances, the
200. DEFINITIONS:
(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.
(1) 'State" shall mean and refer to the State of California.
Section 200 of the Charter, the following
following-definitions and allot of construction-shall-be
ince-. • - -tent of the
definitions shall a pply to this Code unless
observed, unlocs _ , -
the-contoxt
the context clearl y rewires Otherwise:
City-Council or el arly equires-otherwico:
er-TH CITY, THE CITY
California:
CITY COUNCIL COUNCIL. The Council of the City of or
Culver City,
OF-T-HiS-STA-T-The.State-el STATE, THE STATE
California:
2. 1.01.065
Effectivo
Date-of
Qrslinenses,
Neendinanee-shall-take-effest-and-bosameeperativo until
days City Council, with
None. Delete. Language is in the
Charter.
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:. ,
thirty (30) after-its-passage-by-the
the shall take oxception-of-ersergeney-measureerwhich
effeet-upen-adoption.
3. 3.01.010.
Eligibility-of
Gouncilmem
bore-anti
Certain
Officers
A-person Is to hold cc a member-of-the not eligible office None. Delete. Eligibility requirement
is in the Charter.
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.
glty,Geanelter-ae-Gity Clerk or City Troacuror unless such
lc, the flling-ef
person an4-was-for.thirty-(30)-days-preseding
his-nominetlen-paporc, rogistcrad voter and a-lawfully
resident of of-Culver--Cityrtf-during-a-term-d-efficre tho City
the City, the the-helder-thereofeeases-to-be-a-residont of
Geunell-shall-take-apprepriate-stepariesiuding-a-matteed
detemaination-that-the-helder-ofeuah hearing,-to make a
determines that the-efficcholdor-has ceased to be a
it-shalklealare-the-effice4ecaat-and said office fesidont,
thereupenehall-Immetilately become V3Gallt
4. 3.01.015.
Selestiar,of
Mayer-and
Mayor Pro
Tempera,
At-thebeginning-ef each term, or upon-the-reorganization-9f None, Delete. Language is in the
Charter.
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 G
.4...
pleasure of the City Council. ...--
the-Couna-Whe-appointmenteNthe-elestien-efe-new
mernber-thereefrer at cash other-times-as-the-maJerity-of
determine-, the City Council-shall 6eunall-inernhers-may
Mayor-and shall-also solectene-ef-its-members ac
designoto-eneef-its-meralaers-asMa pon e
the Mayor during his ab5en5e 7er shail-perfarm-the-duti of
disability .Mmc,§ '- ExISTINO Gob E P COOS 0 •"" VIE. T
,
.
. #iPPPN -
.... _ ...
. ,aidw-mattrTioN •
. 3,01.025
Ctlaer
Cernmittees:
_
-The-Gauaoll may aloe apeotat-81441-Aer--GGERGii Nona. Delete. Language is in the
Charter.
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.
Caramittees-as-in-its-judginent-occaelon-may-requirerand
may abelisli-ouoh-Committees-by-a-ma
. 3.01.030
Committee
Report
Ne4G8.6a-Fyr
Committee& aro appointed, all —When ver None. Delete, The Council may
determine a Commission,
Board or Committee's function,
.
See Section 1105, above.
brought-before-the Council &hall-be-refer-Fed-to-the
apprefiFiatiaCommIttee-for--14s-IPW0agatiGTHVP4A-aal
any action resemmendatien-with-referanee-therete,beforo
bo taken thereon by the-Council-as-a-whole,except-if shall
the-business-in-suestion-be-ef-epesial-ungency, of cuch or
nature-that-lt-alay-19-13-pf0.serly-dispeseci-of-immesiiataly,
Usen-a-feur-f • -- - -
Committee or Committee-member-may-he4equired4a-reeeft
hic recoramendatterre-g-
. 3.01.100
Time and
Piece.
None.
.
-
Delete sentence. Charter
§608 establishes meeting
procedures.
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 arid 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 meat 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
to the Council Chambers. The order shall remain posted until the
meeting is held.
All official, regular and adjourned meetings of the City
Council shall be held In the City Hall on the second and
fourth Mondays of each month at 7:00 p.m. In the event
there Is a need to hold a closed session, the City Council
meeting for closed session purposes will convene at a time
either prior to or after the regular Council cession on the
same date, with the regular Council session to commence at
The City-Ceunsil-may-adjaum-the-meeting-to-a 7:00 p.m.
latecciete-end-Elifferent-heur-by-amajonte, if any
regular meeting shall fallen a legal holiday, no meeting shall
be held on such holiday, but shall be held on the next
succeeding day thereafter that is not a holiday at 7:00 p.m.
LEGAL HOLIDAY, as used In this section, shall mean New
Years Day, Martin Luther King Day, Presidents Day,
Memorial Day, independence Day, Labor Day, Veterans'
Day, Thanksgiving Day and the following day, and
Christmas,
Page 2 of 36.
;2•Crl4C .1 'i 0,0161.0.0011p iftwonso--- limENT ,
.
APT' ,N,
--- - CHARTER .SgOTION
3.01.105.
Changing
Placo of
Meeting;
Notification.
A, Changing-placo of mooting.
1, After any such-meeting has bean opened in the Council
None.
- • -
...
Delete. The Charter
establishes the procedure for a
change of venue for a Council
meeting.
.
See Section 608, above.
Chambers, the Mayor or the-eity-Counallras-provisind-M-§
507 of the-Ghartor, may, if it Is deemeel-neoessaFyrohangs
tho of tho mooting by roacon of omorgoncy, Waco
everorowsling7-pub1ic smafetyror-foreuch-othmergency-as
of Chador § 507. eemee-Within-the-intent
2. Upon cuch-action-by-the-Mayer or tho City Council, the
such mestIng-to-Immedialely ,.1361FI.Gil shall publicly recess
tho City Ha4lry4thin-the reconvene-at-another-pleee-within
Vetorans4.4emorial-Building, or such other building within
tho City Culvor City transact-any-business of whoro-it may
lawfully brought-before It and may therefrom lawfully
adjourn,
2-Netification-ef-shange-ef-mesting In-the-event-ef place.
the-determination to tho move mooting pleeereueh-shall-be
publiely-anneurreed-immed
.- • • • • - - - has and-the-ne t . - - - - :.rig
been-asijour-ned-shall-bie-p, -. -- . :. ------ .7.
to too from tho of-the entrees 's-se-as plainly viciblo outside
Council Chambers:
9. 3.01.110
Council
Agenda.
All matters to be submitted to the City Council shall be
delivered In written form to the Chiof Administrative Officer,
whereupon he shall arrange an agenda of such flatters,
furnishing a copy to each member of the Council, City Clerk
and City Attorney prior to the Council meeting.
City Manager Delete and Replace with "City
Manager'.
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.
10. 3.01.120.
Quorum+
Absent
Members.
T-14Fee-m-MarriberS the City Council chalks:est-Kate-a of None.
.
Delete sentence. Quorum Is
established In the Charter.
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.
but a low, number may adjourn-from quorum-to-de-buelnoss,
time-te-time,, In case a quorum should not be present at any
meeting of the Council and there Is Important business to be
transacted or disposed of without delay, any two (2)
members of the Council may cause written notice to be
served personally upon the absent members, together with
the request for their immediate attendance. Upon service of
such notice upon him, It shall be the duty of such absent
member or members to at once attend the meeting, unless
prevented by sickness or death in the immediate family, or
for other cause deemed sufficient to excuse his attendance
by the other members of the City Council.
Page 3 Of 36F it iti rg_ictV.g
_ PRoPtisE! NE CIMENT
None.
- ' - 4CTION
. . .
MIA , ftrga P—Er13074
' 11. 3.01.125
Minutes
The minutes of the City Council, or journal of their
proceedings, shall be kept by the City Clerk and shall be
neatly typewritten in a book kept for that purpose, with a
record of each particular type of business transacted set off
in Zalel-Glty Clerk
Delete sentence. The
recordation of minutes is in
Charter Section 612.
612, PROCEEDING. The City Clerk shall keep a 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.
paragraphs, with proper sub-heads. shell
be-required-te-make-a-reserd-dnlyLeesesh-leesines
actually-eassed-upente-et-the-Ceeneil,
12. 3.01.150.
Ordinances,
Resolutions,
Motions and
Contracts.
A. Submission of ordinances. No ordinance shall be
prepared for presentation to the Council unless ordered by a
majority vote of the Council, except that the Mayor, Chief
Adminictrative-gffieer and City Attorney may present
ordinances and resolutions to the City Council on the
Initiative of any of those officers.
B. Prior approval by administrative staff. All ordinances,
resolutions and contract documents shall, before
presentation to the Council, have been approved as to form
and legality by the City Attorney or his authorized
representative, and shall have been examined and
approved for administration by the Chief-Administrative
°Wiser or his authorized representative, where there are
substantive matters of administration involved.
City Manager Replace Chief Administrative
Officer with City Manager.
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.
.
.
13. 3.01.155.
Atterelanee
at
in-relation-te-matters-eeming-befere-it-ter--diepereitienuthe None. Delete. Council's authority to
issue subpoenas is in the
Charter, Section 607(e).
607. POWERS OF THE CITY COUNCIL.
(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, shalt 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.
Council havo the-pewer-aed-aethedty-te-dampel City chall
to tho atterelance-ef witnecsos, oxamine-them-under-eathe
the-produetien-ef-evidenee-befero it roforring and-te-eempol Witnescoc,
Administer-
ing-ef-Oatl=e
to cuctemattere,sSebeeenasmay-bdieseed-in-the-earne-et
the-City-and-be-atteeted-te-be-Gity-Cterk:
14. 3.01.160
Disebe-
die-nee-of
&hjediariaej
Misleading
Statements
Under Oath
Prohibited.
—4.-----leshall-be-untewtel-fer-aomersen4e-dieebey-any
sedeeena-or-to-wiltfulty-make-er filc, on his-own-behalf or for
It shall be unlawful for any person, Amend. Disobedience to
subpoena is in Charter
§607(e).
See above, Section 607(e) of the Charter.
willfully, to make or file on his own behalf
any-ether-persanya-falco or misleading-etatement-enclor any or for any other person, a false or
form-ef-eath-te-tho City Council or any City officer. Provided, misleading application or statement under
however, that-this-preffilaitien chail-apply-te-all-applications, any farm of oath to the City_council or a y
enattere-or-issuee-in-which the City has-en-Interestln-the City officer in relation to any matter or
pretestien-ef-the-Fiebile wolfere
—R. It chall bo uniewful-fef-my ftefaffR444lasigery,any
issue in which the City has an interest in
the protection of the public welfare or
6111309-e A . . . ; z e • ; - Interest.
Page 4 of 36Page 5 of 36
COM - 14.711NP .0,C -10 - FRPP4-6g11 4,. VIONI Nt .
A. Appointment; compensation.
1. The City Manager shall be appointed
• 14139N .-' ... .• _. , -
15. 3.02.010
Chief
A, Appointment; compensation.
1. The ChiefAdmintstrative-Gffiser shall be appointed by
'-Delete portions of 3.02.010,
City Manager's powers and
. ..,.— .____
700. POWERS AND DUTIES OF CITY MANAGER.
The City Council shall appoint the City Manager who shall be
Adreinistra- the City Council solely on the basis of his executive and by the City Council solely on the basis of duties are stated in §700 of the the chief executive officer of the City, responsible to the City Council for
tive-Offiser. administrative qualifications and ability to serve in the his executive and administrative Charter. Renumber existing the management of all City affairs placed in the City Manager's charge
City
Manager.
unclassified service under the supervision of the City
Council.
qualifications and ability to serve in the
unclassified service under the supervision
text, by or under this Charter, by ordinance, resolution or other action of the
City Council. The City Manager, or his or her designee, shall:
2. The Ghief-Adrninictrotiye-gffiser receive such shall of the City Council.
2. The City Manager shall receive such
(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
compensation as the City Council shall from time to time
determine and fix by resolution,
B. Duties and powers.
compensation as the City Council shall
from time to time determine and fix by
The-Gillef,AdinInistfative-Gfficer-shall have the following
duties and powers:
resolution,
B. Duties and powers.
departments, except as otherwise provided by this Charter;
(c) Attend all City Council meetings, at which the City
4,--44ministrative hood. To exorcise direstlen7and-eontrel In addition to those set forth in the Manager shalt have the right to take part in discussion, but shall not
ever-all-divisiens-and-departments-ef the City at the Charter, the City Manager shall have the vole;
Its-gevernmentr administrative-head of subject-to-the following duties and powers: (d) Prepare and submit to the City Council an annual
diroctien the City Council and-applierable-nientelpal-law of 1. Recommendations to City Council. budget pursuant to this Charter, and implement the final budget
and-regelatier To conduct studies and to make approved by the City Council; and
2. Preparation budget To or cause-tabe of prepare, recommendations to the City Council (e) Perform such other duties as are specified In this
preparasirthe-anneal-Feunie4pal-13edget-and4e-sulareit-it4a
Ma Coued-inramlimineni-ferm to June45th-of
concerning all functions of City govern-
ment following analysis thereof; to
recommend ordinances for adoption by
the City Council, subject to the prior
approval of the City Attorney as to the
form thereof;
2. Investigation of complaints. To
investigate all complaints in relation to
matters concerning the administration of
the City government and to take appro.
priate measures to obtain compliance with
the obligations of permits, franchises and
privileges granted by the City;
a Supervision of public property. To
exercise general supervision over all
public buildings, parks, and all other
property which is subordinate to the
control of the City Council;
Charter, or by ordinance, resolution or other action of the City Council.
City prior
together-v44-r-eeernmeeeiatiees-pertatning each-year,
theretei-
3, Administr-atien-ef-hudget—Te-be-respensible-fer-the
the budget-after--itc final adoptien-and-te administration of
keep-the-Goenall-infermea-as-te-the-finansial-senditien-antt
of thieGity nee&
4. Suporvision To of purehasing-and-evendituroc.
sapeerise-the-expenditeres-ef-all-departfeentsrdivistens-er
the City-gevernment-and-te-act ac Purchasing seMees-ef
Agent-fer the City;
5. Other Recommendations to City Council. To conduct
studies and to make recommendations to the City Council
concerning all functions of City government following
analysis thereof; to recommend ordinances for adoption by
the City Council, subject to the prior approval of the City
Attorney as to the form thereof;
6. Investigation of complaints. To investigate all
complaints in relation to matters concerning the
administration of the City government and to take
appropriate measures to obtain compliance with the
obligations of permits, franchises and privileges granted by
the City;
4. Public Relations Officer. To serve
as Public Relations Officer of the City and
to cooperate with all organizations which
advance the interests of the City and its
residents;
5. Inventory control. To prepare and
keep current an inventory of personal
property owned by the City and to
recommend the acquisition, transfer or
disposition of City property; end71 . PONIC g : • EXISTING CODE , PROPOSBDANIENDIVIENT ACTION C ARTERSECTION
15.-3.02,010
Ghief
Admi ictra
7. Supervision of public property. To exercise general
supervision over all public buildings, parks, and all other
property which is subordinate to the control of the City
Council;
8. Public Relations Officer, To serve as Public Relations
Officer of the City and to cooperate with all organizations
which advance the interests of the City and its residents;
9, Inventory control. To prepare and keep current an
inventory of personal property owned by the City and to
recommend the acquisition, transfer or disposition of City
property;
10, Personnel Officer. To serve as Personnel Officer
personally or by delegation, and to recommend in all matters
pertaining thereto;
Othor-deties:---T-e-eerferm--such-ether-cluties-and-te 11.
6. Personnel Officer. To serve as
Personnel Officer personally or by
delegation, and to recommend in all
matters pertaining thereto. We-Officer.
g.
Manager.
(coNrD)
le-the exarelse-such-ether powors-ac aro vested
administrative hoad-of to applicable gevernmerit-subject
munieleal-law-and-repulations
16. 3.02.015.
City Attorney
A. Duties. The City Attorney-shall starve under the A. Dulles. In addition to those set forth Delete portions of existing
code section and amend. The
City Attorney's eligibility and
duties are set forth In %no
and 901 of the Charter.
SECTION 909. 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.
supervislcm-and-direet-sentrol of-tho City Council and-shall
in the Charter, the City Attorney shall have
have the following powers and duties:
1. Improvement act work. To perform such legal
work in connection with street, sidewalk, sewer, and lighting
improvement districts as required by the City Council.
2. Drafting and-ordinances. To draft-ail rosolutions
the following powers and duties:
1. Improvement act work. To perform
such legal work In connection with street,
sidewalk, sewer, and lighting Improvement
districts as required by the City Council,
2. Attorney for Police Department. To
serve as attorney for the Police
Department in all matters pertaining to law
enforcement. The City Council may assign
the duties of prosecution of State
misdemeanors to either the District
Attorney or the City Attorney by resolution.
3. Drafting agreements. To draft all
contracts and agreements to which the
City of Culver City may be a party and to
advise the City Council and/or any City
Officer in connection therewith.
4. Attendance at meetings. To attend
all meetings of the City Council, unless
excused, with the duty of reporting on or
discussing the legal aspect of any matters
before the Council at such meeting, and
giving his advice or opinion In writing
when requested by the City Council or by
any Board or Officer of the City.
resolutions-and-orclirtartees-and-arnenelments-thereto-as
directed-by-memberc of the-Gity-Gouneriker-Ghief
Officer,or-that-lie-may-prepece-and-draft in Administrative
aesardance with-the-Gity-Gherter,
3. Attorney for Police Department. To serve as
attorney for the Police Department In all matters pertaining
to law enforcement end-te-precesute-all-vielotlens-of-the
Guivcr City-Munielpal-Gode. The City Council may assign
the duties of prosecution of State misdemeanors to either
the District Attorney or the City. Attorney by resolution.
1. A4visory-te-G44,n-effisials. To roprocent and
t City-Gcancil-and City Officors In-all logal advise o all
and arisieg-eut Ma#ers-anri-eantreversiesrbeth civil criminal,
City, Including-preseectien ef-their-efficial-duties-with-the
wilen-se-direeted-by-the andlor-siefense-ef-appeals-if and
Gity-Couneik# CCIVIC §
_
. EXISTING CODE PROPOSED AMENDMERT --
B. Hours of work. The City Attorney
shall be required to devote himself to his
duties with the City of Culver City a
minimum of forty (40) hours per week, and
shall not be eligible for overtime
compensation.
ACTION, , .
.._ __._ • _
-
CHARTER SECTION ,
16. 3.02.015.
City Attorney
(CONTO)
5. Drafting agreements. To draft all contracts and
agreements to which the City of Culver City may be a party
and to advise the City Council and/or any City Officer in
connection therewith.
B. Attendance at meetings. To attend all meetings
of the City Council, unless excused, with the duty of
reporting on or discussing the legal aspect of any matters
before the Council at such meeting, and giving his advice or
opinion in writing when requested by the City Council or by
any Board or Officer of the City.
7, Approve bonds. To approve-the-form-of-ell
____..
bonds-given-terand-aoentracts mado by the City,
his endorsing apprev.al-thereen-in-writing,
S. Coneral To legal service. generally rondor
Officials in-their-offtssapaelly,inslading eeniise-te-alt-Gity
apeearansee-es-legal-reprocontativo.
B. Hours of work. The City Attorney shall be required
to devote himself to his duties with the City of Culver City a
minimum of forty (40) hours per week, and shall not be
eligible for overtime compensation.
Additional Counsol. The-Gity-Goeneil-mayi-from C.
time to timerempley-end-diseharee, in tho claselfied-er
anolassifiednsenitee-ef-the any othor City of Culver City,
In the-effico atterneyLor-atterneys-as-depaties-or-assistants
Atterneyrer-other-speelal log I courted to take ef-the-Gity
to accist tho City eharge-ef-anyfitigetion-er matterrer
Attorneys-effise
D. Eligibility. To be ellgibte-for-appointment-es-Gity
Attomeyrer-cloputy Accictant City Attornoy, thc appointee or
in all of chall-have-been-admitted-te-prastiee-as-an-attomoy
the-Stato-Geortoof-Galifernia,
7. 3.03.230(A).
Powers and
Duties.
The Planning Commission shall have the power and be
required to:
A. After a public hearing thereon, recommend to the
City Council the adoption, amendment or repeal of the
Mafiti3F- Plan, or any part thereof, for the physical
development of the City;
General Replace Master with General,
pursuant to former Charter
Section 806(A)(1).
806. CHARTER COMMISSIONS.
A. There shall be a Commission consisting of five members which
shall have the power and responsibility, including but not limited to:
(1) After a public hearing thereon, recommend to the City
Council the adoption, amendment or repeal of the General Plan, or any
part thereof, for the physical development of the City;. # CCMQ`§ • - EXISTING.,CODE - . PROPOSED-AMENDMENT
. , • , ... . . . ACTION
. . 'CHARTER PEOTION "
18. 3.04.315. Any property not exceeding Ten Thousand Dollars City Manager Replace Chief Administrative Section 300 of the Charter.
Conversion
of
($10,000.00) in value or cash not exceeding Ten Thousand
Dollars ($10,000.00) coming Into the possession of the
Officer with City Manager.
Unclaimed Police Department which is determined by the Ghlef
Property by
City.
Administrative Offiser to be unclaimed and needed for City
use shall be converted for City use; provided, however, that
nothing shall be construed herein to limit or modify the
provisions of the Penal Code pertaining to the disposition of
weapons or contraband. Property valued in excess of Ten
Thousand Dollars ($10,000.00) or cash exceeding Ten
Thousand Dollars ($10,000.00) shall be submitted to the
City Council for review before conversion.
19. 3.05,015. The Civil Service System shall be applicable to all The Civil Service System shall be Delete and Amend certain 300. FORM OF GOVERNMENT.
Classified
r, ice;
departments, offices, positions and employments and all
persons employed by the City except the following:
applicable to all departments, offices,
positions and employments and ail
provisions to comply with
Charter Sections 300, Form of
The municipal government established by this Charter shall be the
"Council-Manager" form of government, under which the City Council
Applicability. A. Elective offices;
B. Members of appointive boards, commissions and
committees;
persons employed by the City except the
following:
A. Elective offices;
Government, and 1201,
Classification.
,
sets policy and the City Manager administers the government.
1201. CLASSIFICATION. .
C. Persons engaged under contract to supply expert
professional or technical services for a definite and limited
period of time;
D. The-Ghlef-Adrainistrative-Officor, oc whether-torrnod
B. Members of appointive boards,
commissions and committees;
C. Persons engaged under contract
to supply expert professional or technical
services for a definite and limited period of
time;
D. Those Positions expressly stated
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.
o
City-ManagerrCeerdinator, by any other-term such, or as or
and Gilpefifltendent-Of intended-te-stesignate-the-supervicor
the-everali administration-of-the-City;
• E. Assistant Administrative-Qfficere, Assistants to the
Chlof-Administrative-Bfficer, the Personnel
s-Relations Rifft Public Works Director/City
and s ch staff assistants to any of said officers as the City
Council may authorize.
in the Charter, subiect to the reservation,
of rights in the classifiod service for an
individual filling the Position of Community
Development Director; Fire Chief: Parks,
Recreation and Community Services
F. Volunteer personnel, crossing guards, or other
employees holding seasonal, limited or temporary
appointments of limited duration, or serving on a part-time
basis;
Director; Police Chief: and Transportation
Director as of July 1, 2006;
E. Assistant City Manager,
Assistants to the City Manager, the
G. Staff assistants to the head of a department or
division as may be authorized by the City Council.
Personnel and Ekialkee Relations
Dtr,.etiker,t Public Works'Director/City
H. Professional and technical employees in the field of
Information technology, who perform design, development,
documentation, analysis, acquisition, installation, creation,
technical support, testing or modification of computer
systems or programs.
Engineer and such staff assistants to any
of said employees as the City Council
may authorize,
(Paragraphs F through H remain
unchanged)
Page 8 of 36Page 9 of 36
# CCMC,§ EXISTING COM PROFOSED AMENDIVEaT
AtTION CHARTER' SECTI0N
20. 3.05.020 .
Personnel
Officer;
Duties.
'
•
A. Designation of officer. The Personnel Officer shall
be the Chief-Administrative-gffiser, or such person as
appointed by the Chief-Adrainictrativo Offieer-sublest-to-the
approval of the-gity Couna Duties may be combined with
those of any other office or position, provided the appointee
shall have had training or experience In personnel •
administration,
El. Duties.
1. Attend all meetings of the Civil Service
Commission and serve as liaison officer between the Chief
Admialctrative Officer and the Civil Service Commission.
2. Administer all of the provisions of the Rules not
specifically reserved to the City Council, the Civil Service
Commission, or the Chief-Administrative-gffiser,
3. Assist the Civil Service Commission In the
preparation, study and analysis of Rules and revisions and
amendments thereto, for submission to the City Council
after approval by City Attorney as to legality of such action.
4. Assist the Civil Service Commission in the study,
analysis and/or preparation of classification and pay plans,
including class specifications and revisions of said plans
covering all classifications in the Classified Service; the
plans, and any revisions thereto, becoming effective upon
approval by the City Council.
6. Encourage the improvement of municipal service
by studying needs and recommending programs for
education and training to the Chief-AgrainistrativeOfficon
such programs becoming effective upon approval by the
Civil Service Commission and the City Council.
1. City Manager 1. Replace Chief
Administrative Officer with City
Manager, pursuant to Section
300 of the Charter.
2. Strike "subject to the
approval of the City Council,"
pursurant to Section 700 of the
Charter.
1. 300. FORM OF GOVERNMENT.
The municipal government established by this Charter shall be the
"Councli-Manager" form of government, under which the City Council
sets policy and the City Manager administers the government.
2. 700. POWERS AND DUTIES OF CITY MANAGER.
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.
2. subject to tho approval of the City
C43141461i
21. 3.05.025.
Right to
Contract for
Service.
The City Council, upon the recommendation of the Clvil
Service Commission or the Chlef-Aelministrative-Officer, may
contract with any qualified person or agency for the
performance of technical services In the operation of the
Civil Service System.
,Pity Manager Replace Chief Administrative
Officer with City Manager,
pursuant to Section 300 of the
Charter.
See Section 300, above.
22. 3.05.030.
Appoint-
merits.
Appointments to vacant positions in the Classified Service
shall be made In accordance with the Civil Service Rules by
the City Council, the Chief-Admialctrativo Officer, or the
officer to whom the power to make appointments has been
delegated.
City Manager Replace Chief Administrative
Officer with City Manager,
pursuant to Section 300 of the
Charter.
See Section 300, above.23.
. C :CAI .P §.
3.05.040 Right
of Restoration.
EXISTI10 CQDE ' ' 'PROPOSED AMENDMENT ACTION ;CHARTER SECTION '
In the event an employee of the City holding a position
under Civil Service is appointed to a position not under
the Classified Service, and should subsequently be
removed therefrom, he shall revert to his former position
under the Classified Service without loss of any rights or
privileges and upon the same terms and conditions sail
he had remained in said position continuously. The right
of restoration shall be effective for a period ofane--(4-)-yeaF
from the date of appointment to the position not within the
Classified Service.
two veers Replace one year with two
years pursuant to Charter
Section 1202.
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.
24. 3.05.065
€elsificatten-af
Statements-er
a- Dau-merits;
Fraud.
None. Delete, Charter Section 1203
language Is identical.
. _ _ _
1203. PROHIBITIONS,
No person shall willfully make any false statements, certificate, mark.
rating o. report in. regard to any application, test certificallen 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.
--Ne-person-shell-willfutly-ar corruptly-make-any-false
in rogand-ta statement, cortificatermarating or roport
test, cortificuttan,ar-appairitment-heid-er any-application,
made-under-the-Okiii-ginwlie-System-GF-In-any-rnan-ner
t any fraud-pFeventing-the-impaffial semmit or-attem
' ' : - P cxccut s _ . .les-mede
ther-eander,
25. 3.06.050(C)
Enforcement;
injunctive
Relief.
C. The City Attorney, after consultation with the Chief
Administizative-Offfeef, shall have the authority to withdraw
the appointment of a special prosecutor at any time when
he or she determines ills in the best interest of the City
City Manag er Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
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.
26. 3.07,005(B).
Purchasing
Officer; Duties.
B. The Gnief-AsiministFative-Qfficer, or his/her designee
approved by the City Council, shall serve as Purchasing
Officer and have the following duties:
1. City Mana ger 1. Replace Chief
Administrative Officer with City
Manager pursuant to Charter
Section 300.
2. Strike "approved by the City
Council," pursuant to Charter
Section 700.
1. See Section 300, above.
2. 700. POWERS AND DUTIES OF CITY MANAGER.
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.
2. approved by the City C.unell
27. 3.07.010
Purchase
Order; Encum-
brance of
Funds.
Except in cases of emergency, or if excepted by
the Chief Administrative-OffieeF, all authorization of
City Mana g er Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
See Section 300, above.
purchases shall be made by purchase order issued by the
Purchasing Officer after the City Treasurer has certified
that there is sufficient unencumbered appropriation
balance.
Page 10 of 36I# < PCMC-§ ' - • EXISTINO pope . .
Any purchase or contracts for supplies or equipment
involving an expenditure of Twenty Thousand Dollars
($20,000.00) or less may be made in the open market
without following formal bidding procedures of this
Subchapter. Open market purchases shall be based upon
competitive quotations whenever practical from not less
than three (3) contractors. Open market quotations shall
be kept by the Purchasing Officer as a public record. The
61tilef,Administrative-Offraer shall develop written policies
for purchases up to Twenty Thousand Dollars
($20,000.00).
pROpOSED
AM5NDMENT .
City Manager
AOT—ItA Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
. CHARTE13/SECTION
300. FORM OF GOVERNMENT.
The municipal government established by this Charter shall be the
uCouncil-Manager" form of government, under which the City Council
sets policy and the City Manager administers the government
28. 3,07.055
Open Market
Procedures.
,
29. 3.07.060.
Emergency
Purchases,
A. In the event of an emergency seriously affecting
the public welfare where the purchase of essential
supplies and equipment are urgently required for the
preservation of life, health or property, or for the
immediate continuation of direct City services to the
public, the Ohief-Administrative-Gfficer or Purchasing
Officer may procure such items without following formal
procedures of this Subchapter; and
B. In the absence or unavailability of the Purchasing
Officer, any department head shall have like authority, but
file the Ohlef-Administ
City Manager See above.
_
Sea Section 300, above,
.
shall a written report with ative
Officer within ten (10) days after such emergency
purchase.
30. 3.07.070(A)
Personal and
Professional
Services
Excluded.
A. Except for the provisions of §§ 3.07.075 and •
3.07.080, the City may award purchase orders and
contracts In any amount for personal or professional
services without complying with the provisions of this
Subchapter; provided that, the purchase order or contract
shall be based upon competitive quotations, whenever
City Manager See above. See Section 300, above.
determined by the Chief Administrative practical, as
Officer from not less than three (3) vendor contractors.
31. 3.07.075.
Authority of
Gillet
AElministative
Officer. City
Manager
A. The Ghlef Administrative-Officer Is authorized to
approve and execute, on behalf of the City, any contract
In an amount not to exceed Ten Thousand Dollars
($10,000.00) for the services described In Subsections
3.07.070 B. and C., subject to the provisions of §
3.07.070.
B. The C-Iqief-Aslministrative-Gfffeer is authorized to
approve and execute on behalf of the City any three (3)
party contract for services described in Subsection A. if
the total cost for such services is paid by a third party,
subject to the provisions of p 3.07.070.
City Manager See above. See Section 300, above.
•
Page 11 of 36# I _dtMC§ P EXISTING:CODE PROPOSED AMENDMENT ' ACTION ':CHARTERSEpTION -
32. 3.07.205(B)
(1). Capital
Outlay Funds.
B. Special capital outlay funds,
1. Pursuant to Charter §4307, the following special
funds are created for special capital outlay purposes:
•
§1607 Amend Charter reference from
§1307 to §1607,
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.
33. 3.07.300
Issuance and
Sale of
Revenue
Bonds,
The City Council, exercising the powers reserved to
the City under Cal. Const, Art. XI, § 5 and pursuant to City
of Culver City Charter §§-400 and 404, may, by
resolution(s), Issue and sell revenue bonds for any City
purpose or purposes.
§500 Amend Charter references
from §§ 400 and 401 to §500L
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.
34. 3.07.305.
Procedures for
Bond
Issuance.
None Delete. See Section 500, above. mept-es-stherwicc cxpreasIypevide-inthe-Gha#ec-ef
the City CItyrthe-preeedure-fer-the-1.seuance-of of-Gelver
in e swell-bee& c alt-lae-the-eFesed
Law 1 with Cal. Cov!t
Revenue-Bead of (commencing
by thie-referseco, with tho oxcoption Gede-§44300),and
of said Law are hereinafter-statetl-rthe-provielens
however, that-no oleetiea-te inoorperated-hefeinprovIded,
tho-k...ouenee-et-said-bends-shall bo rcquirod authorize
CakGav't Codo 5130-throu6h-5438-7 and-to-that-end
lnet-be-applisable-te are-not-incorporated-herein-and
the-issuence-ef-saisi-bends,
Page 12 of 36,
_.#
35.
.
CCMQ 5 . . EXIsTINO:copE ' • . }
.._
PROROSED ANI.E101,gNT ' ''-'7 ACTION . CHARTER SECTION
3,08.265(A)
Appeals.
A. If the service user or service supplier is aggrieved by
any decision or administrative ruling of the Tax
Administrator, or with the failure to grant a refund or
exemption as provided for under this Subchapter, he/she
may appeal to a Board of Review comprised of the Ghlef
Admintstfative-Gifilser, the Community Development
Director and the Public Works Director, or their duly
authorized designee, by filing a notice of appeal with the
Tax Administrator within fourteen {14) days of the decision
or administrative ruling aggrieved the service user or
service supplier. The Tax Administrator shall thereupon fix
a time and place for a hearing of such appeal. The Tax
Administrator shall give notice to such person of the time
and piece of hearing as herein provided herein.
City Manager S Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
300. FORM OFGOVERNMENT.
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.
.
36. 3.08.285(L)
Exemptions,
If the Tax Administrator determines that an application for
exemption is faulty, or that the applicant has failed to
truthfully set forth such facts, application for the exemption
shall be denied In writing to the applicant. The applicant
shall thereafter have a right to file an amended application
for exemption; or to appeal the Tax Administrator's
decision to the ChlefekstministFative-Offleef within a 10-
day period after the mailing date of the Tax
Administrator's rejection. In the case of an appeal, the
Chlef-Atirrilrifetrativo Officce shall the facts In review
City Manager See above. See Section 300, above.
consultation with the City Attorney, and shall render a final
determination on such appeal
37. 3.09.020 (A)(1)
and (B)(f)(5)
Director and
Assistant
Director of
Emergency
Services;
Powers and
Duties,
A. Director and Assistant Director of Emergency
Services.
1. There is hereby created the office of Director of
City Manager See above. See Section 300, above.
Emergency Services. The ChiefAdminIctrativo Meer
shall be the Director of Emergency Services.
B. Powers and duties.
(f)(5) To execute all of his ordinary power as
Qrhief-Aelealnictratiye-Offieor, all of the special powers
conferred upon him by this Chapter or by resolution or
emergency plan pursuant hereto adopted by the City
Council, all powers conferred upon him by any statute, by
any agreement approved by the City Council, and by any
other lawful authority.
38. 3.10.015.
Presentation of
Claims by City
Offieials Officer
No Gity-Offireial-shall, except for his own services or upon
any claim or contract personal to such officer, present any
claim or demands for allowance against the City, or In any
way, except in discharge of official duty, advocate relief
asked In the claim made by any other person,
No City officer or employee shall, except Amend references to City
official and officer to comply
with definition of ''officer" per
Charter Section 200(h).
200. DEFINITIONS.
As used in this Charter:
, (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.
for his own services or upon any claim or
contract personal to such officer or
employee present any claim or demands
or Employee
for allowance against the City, or in any
way, except In discharge of official duty,
advoonte relief risked in the claim made
by 7 ...sun.
Prohibited.
Page 13 of 36NEN
39.
CONIC § EXISTING•CODE. . . PROPOSED AIVI NOMENT
......
ACTION ' . . ' HARTER SECTI N - '
5.01.005.
Defin itions,
Whenever in this Chapter the following terms are used,
they shall have the meaning ascribed to them, unless it Is
apparent from the context thereof that some other
meaning is Intended.
• C/TY AGENT. Any employee or agent of the City
designated by the Chiof AdministFative-Officor City or
City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
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.
Council, or any person under contract with the City, or
agent or employee of such parson, with authority for
directing the collection and disposal of garbage, rubbish
. and other refuse.
40. 5.01.020(A)
Temporary
Permits During
Emergencies,
A. In the event of breakdown of City equipment or
other unforeseen or unpreventable circumstances, the
Ghlef-Administrative-Offieef may issue limited or
temporary permits to private persons or corporations to
perform any of the services covered by this Chapter,
subject to fees or charges agreed upon.
City Manager See above, See Section 300, above.
41. 5.01.060 City
Agent's
Authority to
Make
Regulations,
The City Agent shall have the authority to make such
other reasonable rules and regulations concerning
individual collection and disposal, and relating to the
hauling of solid waste over City streets by private persons,
or relating to the operation of a transfer station, as he or
she shall find necessary, subject to the right of appeal
from his or her order to the Ghlef-Administrative-OffiesE,
from the Chief Administretive-Gfieer to and said orders of
City Manager See above. See Section 300, above.
the City Council.
42. 5.01.090
Disposal to be
Outside City.
Disposal of solid waste shall be made outside of the
City limits, unless otherwise specifically authorized by the
Ghiof Administmtive-Gffieer.
City Manager See above. See Section 300, above.
43. 5,03.010(14)
Water
Conservation
Requirements,
H. No lawn, landscape or other turf area shall be
watered more often than every other day or between the
hours of 10:00 a.m. and 4:00 p.m. This Subsection shall
not apply to commercial nurseries or any drip irrigation
system approved by the Ghlef-Mminietrative-Qtriser, or
his or her designee, or if the Ghle-f-AdmInistFative-Gfflaer,
or designee approves an exception for irrigation system
maintenance, leak repair, or new planting and fertilization.
City Manaaer See above. See Section 300, above.
Page 14 of 36#
_..
gMq — .P§ _
EXISTING :CODE - . • • - •• - f_93.6.POSEDAVIENDMENT
City Manager
• • : . :77 ACTria : , • . :
Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
: • . ......... .
.: : - -CHART...E . R ".'.S .. C—TIF2N
44. 5.03.015(A).
Relief from
Requirements.,
A. The provisions of this Chapter are not applicable
to uses of water which are necessary to protect public
health and safety or for essential governmental services,
The Ghief-Adminlettative-Gffiser, or his or her designee,
may grant relief to persons who apply, In writing, for water
uses which are prohibited by § 5.03,010, if It is found that
such relief is necessary to prevent an emergency .
condition relating to health and safety or extreme
economic hardship, or if the person seeking relief has
demonstrated that he or she has implemented water
conservation measures In some other manner that
achieves the objectives of this Chapter.
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.
45. 5,04.030
Exception for
Emergency or
Unusual
Circumstances
Notwithstanding the provisions of this chapter,
overhead facilities may be installed and maintained In
order to provide emergency service, not to exceed ten
(10) days without permission of the GhiefAdmieletFative
OffiGef; however, the Ghtef-A4ralnistrative-QffieeFmay, if
he finds the need sedsts, extend, In writing, such
emergency operating permit for an additional thirty (30)
days. No additional extension may be. authorized without
the approval of the City Council. The Council may grant
special permission, on such terms as the Council may
deem appropriate, in cases of unusual circumstances,
without discrimination as to any person or utility, to erect,
construct, install, maintain, use or operate poles,
overhead wires and associated overhead structures.
City Manager See above. • See Section 300, above.
46. 5.04,065(C)
Under
Grounding
Public Utilities;
New
Construction,
C, Upon application of the owner, the Ghlef
Administfative-Offisef, or the City Council upon an appeal
from an adverse determination of the Ghlef-AsIministrative
Gffieer, may grant an exception to the requirements of this
Section if findings are made, to be placed with the
electrical permit, that these requirements, together with
the particular circumstances, will require an additional
utility pole or otherwise increase or perpetuate visual
pollution of the environment.
City Manager See above. See Section 300, above.
47. 5.05.020.
Definitions.
CITY. Theity-ef Cuivor City. None, Charter Section 200(b). 200. DEFINITIONS.
As used in this Charter:
(6) "City" shall mean and refer to the City of Culver City.
Page 15 of 36: C.CMCI EXISTINO COOE •PROPOSED Am
,
MENT
• ACTION- - ' - C
ARTEWQVCTION
48. 9.02,215(A)
Application for
Permit;
Conditions for
Filing
A. Application for a permit to conduct a public display of
fireworks shall be filed in the Office of the 4111ef
AsIministrative Officer, on forms provided by the City, year
at least 180 days prior to the date requested for
conducting the public display of fireworks.
City Mana ger Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
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.
.
49.
.
9.04.035
Application for
Permit.
Whenever in this Chapter a permit Is required for the
doing of any of the acts or things herein enumerated, the
Chief-Administrative-Offiser, the Health Officer, Division
Head or other authorized official shall require a written
application to be filed, giving such details as may be
necessary to determine whether there is a clear and
present danger of the thing, act, or operation covered by
said application, adversely or detrimentally affecting the
public welfare.
City Manag er See above. See Section 300, above.
50. 9.04.200
Prevention and
Removal of
Graffiti,
Whenever the Chief-AdministFative-Offieer or his
designee determines that graffiti is located on public
property not owned by the City of Culver City, or on
private property, so as to be visible to a person utilizing
any public street or highway in the City of Culver City,
Including but not limited to any roadway, parkway,
sidewalk or alley, then the Ghlef-Administrative-Gffiaef or
his/her designee is authorized to expend City funds for the
removal of the graffiti. Removal of the graffiti at public
expense shall be restricted to the painting and repair of
only the area where the graffiti Is located.
CHEF-A-0441N ".' - , - -let
City Manager See above.
See above.
Delete the definition of CITY
as Charter Section 200(b)
defines "City".
See Section 300, above.
See Section 300, above.
200. DEFINITIONS.
As used in this Charter:
(b) "City" shall mean and refer to the City of Culver City.
City Mana ger
51. 9.04.205
Definitions. Administrative Officcr of the City of Culver City or his or
her designee.
CITY. The-Qty of CLINOT City, Colifemia:
GRAFFITI. Writings, drawings or inscriptions of any type
which, in the determination of the Ghlef-AdministFetive
Qfficer, has any of the following characteristics,Page 17 of 36
, A
•
CCNIC § EXISTING C.ODE •pkoposEp AM ENDNIgNT
City Manaoer
• ACTION
Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
— •CHARTER GEOTION
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.
52. 9.04.220(C)
Removal
Policy,
The Ghief,akinithtstrativeGfficer or his/her designee
shall develop a graffiti removal program to assist property
owners in the expeditious removal of graffiti from their
properly. Notwithstanding any other provision of this
Subchapter, the City shall be authorized to recover its
costs Incurred in the removal of graffiti from private
property If:
C. Nothing in this Subchapter shall prohibit the Ghief
Adminictrotive-Gifficor or his/her designee from waiving
the provisions of this Section if it can be determined that
the affected property owner has demonstrated a
conscientious effort to prevent graffiti from occurring on
their property as exhibited by, but not limited to, the
Installation of security devices such as surveillance
cameras, security lighting, sprinklers linked to motion
sensors; protective or covering landscaping; graffiti
resistant building materials; or the application of graffiti-
resistant paint.
63. 9.04.225(A)
and (B)(2).
Authorization
to Remove;
Methods.
A. Whenever the ghlefAdmintstrative-Offieef
determines that writings or other Inscriptions
constitutes "graffiti" as defined in § 9.04.205 and is so
located on public or privately owned property within the
City so as to be capable of being viewed by a person
utilizing any public right-of-way in the City, the Chief
Afigileistrative-GffieeF Is authorized to provide for the
removal of the graffiti or other inscribed material upon
advising the property owner that removal will be
undertaken by the City if not removed within forty-eight •
(48) hours of notification of the existence of graffiti. The
City Council has determined that the failure to remove
graffiti constitutes a public nuisance which permits the
City by and through its authorized representative to enter
on private property to abate the declared public nuisance,
without additional notice to or authorization from the
landowner.
(B)2. The Ghlef-Aelministrative-OfffereF determines that
the removal of graffiti or other inscribed material from a
privately owned property has exceeded four (4) requests
from the City or a maximum of six hundred (600) square
feet per privately owned real property during one (1)
calendar year and the property owner has not removed
the graffiti within the required time after a notice to abate
has been given as described in § 9.04.230 below.
City Manner See above. See Section 300, above.# Eit-ff‘---- nci '00TING c:CME PROPOSED AME.NDIVIENT
City Manager
ACTION
Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
.
- CjiARTER $,EC116N
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,
54. 9.04.230(B)(C)
Notice to
Abate; Appeal;
Abatement by
City.
Whenever the Chisf-AcIministrailve-Officar determines that
graffiti is being maintained upon the premises within the
City in violation 9.04.210, the Chief Administrative of §
Officer-shall send, by registered or certified mail or post,
at a conspicuous place on the premises where the graffiti
is located, written notice to the owner, and to any lessee,
occupant or other person having present possession of a
lot or parcel of land within the City that the graffiti must be
removed within forty-eight (48) hours from the date of
service of the notice. The notice shall be entitled "Notice
to Abate Graffiti," in letters not less than one (I) Inch in
height, and shall cite this Subchapter as authority for such
abatement. The notice shall contain a general description
of the property on which the graffiti Is located,
All persons having any objection to, or interest In said
matter are hereby notified to submit an appeal to the
Office of the Chief Administrative-Officer within forty-eight
(48) hours from the date of this notice.
B. if an appeal has been made to the Office of the
Ohlef-Administrative Officer, five days from the within (5)
date of the Notice to Abate Graffiti, the Chief
AdminictrotIve-Gffieer, or his/her designee, shall hold an
administrative hearing on appeal. The decision of the
Chief-Adminietrative-Officer or his/her designee shall be
final and conclusive.
C. If an appeal has not been submitted as set forth
in § 9.04.230 B. above, or if the appeal has been denied
following an administrative hearing, and if the private
property owner fails to remove or fails to cause the graffiti
to be removed by the designated date, or such continued
date thereafter by the-Chlof Administrative as approved
Officer, then the Chief-Admieistrative-Offieer shall cause
the graffiti to be abated as a public nuisance by the City or
its contractor, and the City or its contractor Is expressly
authorized to enter upon the premises for such purpose.
Page 18 of 36Page 19 Of 36
55.
-: iacmC 5 -
...
. . . . MtivriNG ,c0PE - . . , .,. .: FuiPP41.E1.1 Co END m ort.
-
;:W.0.110,11 " - .
. "ORARTERSECTION • •
'• •• - • - •• — ' .-,-
9,04.235(A)(B)
and (D).
Recovery of
Costs.
Should the Chief,44reinietrative-OffiseF be required to
abate the graffiti as a public nuisance, as set forth in §
9.04.230 C., the City may recover, pursuant to Cal. Gov't
Code § 38773, the costs of abatement through the
assessment of a lien against the property on which the
nuisance is maintained.
NOTICE OF LIEN
Pursuant to Cal. Gov't Code § 38773 and the authority of
Ordinance of the City of Culver City, the Chief
City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
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.
Asiminist;etive-Offisec of the City of Culver City did on or
about the day of , 19_, cause the
removal of graffiti at the premises hereinafter described in
order to abate a public nuisance an said real property; •
and the City Council of the City of Culver City did on the
day of , 19 , assess the cost of such
abatement upon the real property hereinafter described;
and the same has not been paid nor any part thereof; and
that said City of Culver City does hereby claim a lien for
such costs of abatement In the amount of said
assessment to wit: the sum of dollars; and the same
shall be a lien upon said real property until the same has
been paid in full and discharged of record.
B. Between the first and fifteenth day of July of each
year, the Chief-A4ceinistratIve-C4fieef shall cause to be
published in the official newspaper of the City a notice that
any person affected or aggrieved by an act Or
determination of the City or the City's Ghief-Aernifiletrative
Gfr -FGA-F in connection with the provisions of this
Subchapter may appeal to the City Council. An appeal
shall be in writing and shall be filed with the Office of the
City Clerk prior to the fifteenth day of July with the
appropriate fee, or from time to time thereafter may be
determined by the Council, the City Council shall hear and
render a decision upon each appeal, and the
determination of the Council shall be final and conclusive.
In the event any determination of the Chief-Administrative
Offieer Is modified by determination of the City Council or
any assessment changed or corrected, the Chief
Asielinletrativo Officer shall cause the correction to be
made upon the record .showing the assessment# CCMCI - EXISTING CODE
„._....... . — - ..
.
.PROPOSED ANIE 0 ENT . .
...
. ACTION CHARTER'SECTION
55. 9.04.235(A)(B)
and (D),
Recovery of
Costs,
(CONTINUED)
D. At the expiration of the time for appeal, or upon
the determination by the City Council of all appeals so
filed, and in compliance with the requirements of any
determination so made, the .G1414-Administrative-Offteer
shall deliver to the County Auditor of the County of Los
Angeles an abstract of each lot or parcel of land within the
City affected by this Section and the amount of each such
charge to be placed upon the assessment roll against the
respective parcel. Thereafter, the charges shall be of the
same character and effect, subject to the same penalties,
and shall be collected in the same manner and at the
same time as City taxes. The provision of this Section
shall not apply to any lot or parcel of land if the charge
against it has been paid prior to the delivery of the
abstract to the County Auditor.
City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300,
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,
56. 9.04.420(A)
Notice of
Nuisance
and/or
Administrative
Charges.
A. With respect to nuisances other than for temporary
facilities and specialty structures subject to a declaration
of nuisance as provided In § 9.04.415, and administrative
charges as provided in § 9.04.505, the following
procedures shall apply: Whenever the Chief
Adrninictrativo Officer his/her designee finds evidence or
City Manager Sae above. See Section 300, above.
Indicating that any premise or premises within the City are
being maintained or activities are being conducted,
contrary to one or more of the provisions of the Culver
City Municipal Code then he/she shall deliver or mall
written notice to the owner or other person or legal entity
In lawful possession or control of said premises stating the
alleged violations of said section. Such notice shall set
forth a reasonable time limit for correction of the violation
and may also set forth suggested methods of correcting
the same. Such notice shall be served upon the owner of
said premises according to the provisions of § 9.04.440
covering service In person or by mall,
57. 9.04.425 (C)
Hearing
Regarding
Nuisance
Abatement
and/or
Administrative
Charges.
C, The Municipal Code Appeals Committee shall
consist of the Ghtef-Aciminietrative-GfaseF or his/her
designee, the Fire Chief or his/her designee, and the
Community Development Director or his/her designee.
City Manner See above. See Section 300, above.
Page 20 of 36Page 21 of 36
58.
P OAP 6
..
EXISTINW-Mg - -' -
.
iRROPC), 0 AMEN:WENT ' , . , . ... - AGTI, . CHARTER SEIDTION
9.04.430
Form of Notice
of Hearing,
A. Notice of the time and place of hearing before the
Municipal Code Appeals Committee shall be titled, 'Notice
of Hearing," in letters not less than one (1) Inch In height
and shall be substantially the following form:
"NOTICE OF HEARING TO DETERMINE EXISTENCE
OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR
PART
NOTICE IS HEREBY GIVEN that on the day
City Manager
Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
.
, .
300. FORM OF GOVERNMENT.
The municipal government established by this Charier shall be the
"Council-Manager form of government, under which the City Council
sets policy and the City Manager administers the government.
.
•
of ,19 at the hour of M., of said day the
Municipal Code Appeals Committee of the City of Culver
City will hold a public hearing in the Council Chambers of
the Culver City Hall, 4095 Overland Avenue 7 Culver City,
California, to ascertain whether certain premises situated
In the City of Culver City, State of California, known and
designated as , in said City, and more
particularly described as constitute a
public nuisance subject to abatement by the rehabilitation
of such premises or by the repair, removal, or demolition
of buildings, structures, debris or other matter situated
thereon; or by the correction of land, topography, or other
conditions constituting a nuisance within Chapter 9.04 of
the Municipal Code of the City of Culver City. If said
premises, in whole or part, are found to constitute a public
nuisance as defined by Section(s) 9.04,400 and 9,04.405
of the Culver City Municipal Code and if the same are not
promptly abated by the owner, such nuisances may be
abated by municipal authorities and the rehabilitation,
repair, removal or demolition, or other costs of abatement
of such nuisance(s), will be assessed upon such
premises, and such cost(s) will constitute a lien upon such
land until paid. Said alleged violations consist of the
following:
All persons having any objections to, or interest in said
matters are hereby notified to attend a meeting of the
Municipal Code Appeals Committee of the City of Culver
City, to be held on the day of , 19_,
when their testimony and evidence will be heard and
given due consideration.
DATED: This day of , 19 .
(Title of City official as designated by Ghlef-AsiministratIvo
OffieeF)"I
•
59.
_ EXISTINo ppoE
"PROPOSgp AMENDMENT ACTitifl , pHARTER SEtTION
9.04.455(B)
Service of
Order to
Abate;
Abatement
Procedure.
B. If such nuisance is not completely abated by the
owner as directed within the designated abatement
period, then the Ghlef-Asirninistrafive-gffice€ or other City
officer or employee as may be designated by him/her, Is
authorized and directed to cause the same to be abated
by City forces or private contract, and the City Chid
Admisistrative-Offraer or other City officer or employee as
may be designated by him/her Is expressly authorized to
enter said premises for such purpose. Upon request of the
designated official, other City departments shall cooperate
fully and shall render all reasonable assistance In abating
any such nuisance.
City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300,
300. FORM OF GOVERNMENT.
The municipal government established by this Charter shall be the
"Councii-Manager" form of government, under which the City Council
sets policy and the City Manager administers the government.
.
60. 9.04.460(A).
Record of Cost
for Abatement.
A. The chief,Adminietretive-Offisef, or such other City
official as may be designated by him/her, shall keep an
account of all administrative charges of code enforcement
and of the cost, including incidental expenses, of abating
such nuisance on each separate lot or parcel of land
where the work Is done and shall render an itemized
report in writing to the City Council showing the cost of
abatement and the rehabilitating, removal, demolishing, or
repairing, of said premises, buildings, structures, or other
conditions including any salvage value relating thereto;
provided that before said report is submitted to said City
Council, a copy of the same shall be posted for at least
five (5) days upon such premises, together with a notice
of the time when said report shall be heard by the City
Council for confirmation.
City Manager See above. See Section 300, above.
.
61. 9,04.470(C).
Assessment of
Costs Against
Property Lien.
C. Such notice of lien for recordation shall be In form
substantially as follows: "NOTICE OF LIEN (Claim of City
of Culver City)
Pursuant to the authority vested by the provisions of
Sections 9.04,405 and 9.04.610 et seq. of the Culver City
of
City Manager See above.
.
See Section 300, above.
Municipal Code, the 6hlef-Administrative-Offieer the
City of Culver City, or designated agent did on or about
the day of , 19 , cause the premises
hereinafter described to be rehabilitated, or the building or
structure on the property hereinafter described to be
repaired or demolished, in order to abate a public
nuisance on said property; and the City Council of the City
of Culver City did on the day of , 19 ,
assess the cost of such rehabilitations, repair, or
demolition upon said real property hereinafter described;
and the same has not been paid nor any part thereof; and
that said City of Culver City does hereby claim a lien on
such rehabilitation, repair, or demolition in the amount of
said assessment, to wit: the sum of $ ; and the
'erne shall be a lien upon said real property until the
Page 22 of 36.# , carp § , EXISTING CAGE -
same has been paid in full and discharged of record. The
real property hereinbefore mentioned, and upon which a
lien is claimed, is that certain parcel of land known as
TROPOttP MENOMENT .
Cit y Manager
- ACTION • Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
CHARTER S,ECTION ..
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.
61. 9.04.470(C).
Assessment of
Costs Against
Property Lien.
(CONTINUED) (Street Address)
and being in the City of Culver City, County of Los
Angeles, State of California, and more particularly
described as follows:
(Legal Description)
Of-IIEF ADMINISTRATIVE OFFiCER
CITY OF CULVER CITY
Acknowled ment)"
62. 9.05.025.
Administration
and
Enforcement.
Except as otherwise provided herein, the provisions of this
Subchapter shall be administered and enforced by the
ghlefAdministrative-Offieef or hls designee. In the
enforcement of this Subchapter such officer and his
deputies may enter upon private or public property to
examine a vehicle or parts thereof, or obtain information
as to the identity of a vehicle and to remove or cause the
removal of a vehicle or parts thereof declared to be a
nuisance pursuant to this Subchapter.
City Manager See above. See Section 300, above.
63, 9.05.040,
Abatement and
Removal.
Upon discovering the existence of an abandoned,
wrecked, dismantled, or inoperative vehicle, or parts
thereof, on private property or public property within the
City, the Dhlef-Ariminietrative-Officar or his designee shall
have the authority to cause the abatement and removal
thereof in accordance with the procedure prescribed
herein.
City Manager See above. See Section 300, above.
64. 9.05.045.
Notice of
Intention to
Abate and
Remove,
As owner of the land on which said vehicle (or said parts
of a vehicle) is located, you are hereby notified that you
may, within ten days after the mailing of this Notice of
Intention, request a public hearing, and if such a request
is not received by the Ghlef-Administrative-Offieer or his
designee within such ten-day period, the Ghtef
Administrative-Of fteer or his designee shall have the
authority to abate and remove said vehicle (or said parts
of a vehicle) as a public nuisance and assess the costs as
aforesaid without a public hearing. You may submit a
sworn written statement within such ten-day period
denying responsibility for the presence of said vehicle (or
said parts of a vehicle) on said land, with your reasons for
denial, and such statement shall be construed as a
request for hearing at which your presence Is not
required. You may appear in person at any hearing
requested by you or the owner of the vehicle or, in lieu
thereof, may present a sworn written statement as
aforesaid in time for consideration at such hearing.
City Manager See above. See Section 300, above.
Page 23 Of 36. •GCMG § EXISTING .cpp pR:opott"ENT
City Manager
ACTION '
Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
OHARTER 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.
64. 9.05.045.
Notice of
Intention to
Abate and
Remove,
(CONTINUED)
As registered (and/or legal) owner of record of said '
vehicle (or said parts of a vehicle), you are hereby notified
that you may, within ten days after the mailing of this
Notice of Intention, request a public hearing and if such a
is received by the GhiefA4minictr2tivo Offi6Elf request not
or his designee within such ten-day period, the 0h1ef
Administrative-0414er or his designee shall have the
authority to abate and remove said vehicle (or said parts
of a vehicle) without a hearing.
65. 9.05.050(A)(1);
(B )( 1 ), (B) (2),
(B)(3) and
(B)(4).
Public
Hearings,
A. Request for hearing.
1. Upon request by the owner of the vehicle or
the land by the Chief-Adminictrative owner of received
City Manager See above. See Section 300, above.
Officer or his designee within ten days after the mailing of
the notices of Intention to abate and remove, a public
hearing shall be held by the officer on the question of
abatement and removal of the vehicle, or parts thereof, as
an abandoned, wrecked, dismantled or inoperative
vehicle, and the assessment of the administrative costs
and the cost of removal of the vehicle, or parts thereof,
against the property on which it Is located.
B. Hearing; before whom held; action.
1. All hearings under this Subchapter shall be held
before the Ghief-Adminictrativo °Meer his designee or
who shall hear all facts and testimony he deems pertinent.
Said facts and testimony may include testimony on the
condition of the vehicle, or parts thereof, and the
circumstances concerning its location on the said private
property or public property. The Ghtef-Administr-ative
Otriralff or his designee shall not be limited by the technical
rules of evidence. The owner of the land may appear in
person at the hearing or present a sworn written
statement in time for consideration at the hearing, and
deny responsibility for the presence of the vehicle on the
land, with his reasons for such denial.
2. The ghlef-Admieistralive Officer his or
designee may Impose such conditions and take such
other action as he deems appropriate under the
circumstances to carry out the purpose of this
Subchapter. He may delay the time for removal of the
vehicle or parts thereof if, in his opinion, the
circumstances Justify It. At the conclusion of the public
hearing, the Chief-Administrativo Offiser or his designee
may find that a vehicle or parts thereof has been
abandoned, wrecked, dismantled, or is inoperative on
Page 24 of 36...''C.0
• • •••...:- MST. Prt iPF , F r- ,... •
Vrii,. ...._ '• - . :: :::PROROSgPrAMANAMEN.T ...':.
•• • •-••••—• • ••• ••
..: )...:4PITOW., :' . • • ,1 . , : ...i.•::.... CHARItig $:EOTION.
65. 9,05.050(A)(1); private or public property and order the same removed City Manager Replace Chief Administrative 300. FORM OF GOVERNMENT.
(B)(1), (B) (2),
(B)(3) and
from the property as a public nuisance and disposed of as
hereinafter provided and determine the administrative
Officer with City Manager
pursuant to Charter Section
The municipal government established by this Charter shall be the
'Council-Manager form of government, under which the City Council
(B)(4).
Public
Hearings.
(CONTINUED)
costs and the cost of removal to be charged against the
owner of the land. The order requiring removal shall
include allescription of the vehicle or parts thereof and
the correct Identification number and License number of
the vehicle, if available at the site.
300. sets policy and the City Manager administers the government.
3. If it Is determined at the hearing that the
vehicle was placed on the land without the consent of the
owner of the land and that he has not subsequently
acquiesced in its presence, the Chlef-AdministFative
Officer or his designee shall not assess the costs of
administration or removal of the vehicle against the
property upon which the vehicle is located or otherwise •
attempt to collect such costs from such owner of the Land.
4. if the owner of the land submits a sworn
written statement denying responsibility for the presence
of the vehicle on his land but does not appear, or if an
Interested party makes a written presentation to the Ghlei
Adnainictrative Officer his designee but does not or
appear, he shall be notified in writing of the decision.
66, 9.05.055(A).
Appeals.
A. Any interested party may appeal the decision of the
ghtef.-Aelministrative-Gffieer or his designee by filing a
written notice of appeal with the City Clerk of.said City
within five days after his decision. •
City Manager See above. See Section 300, above.
67. 9.05.065.
Notice to
Department of
Within five days after the date of removal of the vehicle or
parts thereof, the ShiefAdmiNstrative-Ggitaer or his
designee shall give notice to the Department of Motor
City Manaaer See above. See Section 300, above.
Motor Vehicles identifying the vehicle or parts thereof removed.
Vehicles. At the same time there shall be transmitted to the
Department of Motor Vehicles any evidence of registration
available, Including registration certificates, certificates of
title and license plates.
Page 25 of 36, 4) covic§ . ' ;EliasTINp„capE ' - PKIP:CI EMAME. bM . ' - -'. -
City Manager
- . . ' — - . ' '
Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
.
,Ek .,gPL. 11 . .
"' - A ,10 '
. . .b .ti— R., 1
08. 9.06.015.
Cost
Reimburse-
ment
Required.
,
B. The Police Department shall compute the cost of
providing such services In accordance with the schedule
of rates and charges for personnel and equipment
contained in the law enforcement service agreement with
the City and advise the Chlef-Administrative-Offieer of
such costs, as well as any other costs of damage to public
property or injuries to personnel resulting from the law
enforcement response. The person responsible for the
party, gathering or other assemblage or on whose
property the party, gathering or other assemblage takes
place shall be billed for these costs by the Chief
Administrative Officer of the charges from the
300. FORM OF GOVERNMENT. .,...,
The municipal government established by this Charter shall be the
'Coundi-Manager form of government, under which the City Council
sets policy and the City Manager administers the government.
upon notice
Culver City Police Department and payment shall be due
and payable within fifteen (15) days of the billing date.
Should the amount due not be paid, the City may collect
the debt, as well as any costs incurred in collecting the
debt due to nonpayment, pursuant to any available
provision of law.
69. 9.00.110.
Application for
Permit.
•
D. Notwithstanding any other provision of this
Subchapter, If the applicant for a parade permit files a
declaration signed under penalty of perjury, stating the
reasons the proposed parade is topical and time is of the
essence and demands, in writing, Immediate
consideration of the application, the Chief of Police, Chief
Adminiatrative-Qfficor Fire Chief, or their designees, and
ClfyManager See above. See Section 300, above.
shall form an ad hoc committee to consider the
application. Such ad hoc committee shall consider the
application no later than 5:00 p.m. on the first full working
day after the filing of the declaration and written demand.
Such consideration shall be limited by the provisions set
forth in § 9.06.140.
70. 9.09.015.
Occasional
Use Facilities;
Special
Landing
Permits,
Special landing permits for occasional landings at sites
other than duly established helistops may be issued by
the Officer, to such conditions Chief-Administrative subject
City Mana ger See above. See Section 300, above,
as may be imposed by the Fire Department. Such
occasional use facilities shall be at ground elevation, or at
roof elevation when approved by a licensed structural
engineer.
71. 9.10.010. Sale
or Transfer of
Park Property.
B. Notice of the hearing shall be published twice in the
newspaper designated by the City Council pursuant to
City Charter § 517, the first publication to be at least ten
days before the hearing. At least five copies of the
published notice shall be conspicuously posted on the
subject park property. The heading of the notices shell
be "Notice of Proposed Sale/Transfer of This Park in
letters not less than one inch In height.
621
Replace reference from
Charter Section 517 to 621.
621. PUBLISHING OF LEGAL NOTICES. (In pertinent part)
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.
Page 26 Of 36Page 27 of 38
N CCIVIC §
fXISTING .C"ODE _
PROPrOSFD M EN PmENT . PHARTER SEPTIPN
72. 9.11.080.
Governmental
Agency
Cooperation,
The ghlef-Aaministrafive-gffiser shall annually request
other governmental and educational agencies having
facilities within the City of Culver City to establish local
operating procedures In cooperation and compliance with
this Chapter.
City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
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.
73. 11.01.240(E).
Assessments;
Administrative
Proceedings.
E. Administrative hearing, The hearing prescribed by
this Section shall be before a Board of Review. The Board
of Review shall be composed of the ChiefAdministrotive
Gfflear, City Treasurer, and the City Attorney, or the duly
appointed representative of each. At the hearing the
person assessed and the City Treasurer, may submit
such evidence as they believe to be relevant to their
respective positions. The Board of Review may require
the presentation of additional evidence from either the
person assessed or from the City Treasurer, or from both,
and may continue the hearing from time to time for the
purpose of allowing the presentation of additional
evidence.
City Manager See above. See Section 300, above.
.
74. 11.01.330.
Investigation of
Application.
Immediately upon filing a properly executed application for
a permit, the Tax Collector shall refer one copy to the
Chief Admiaistrative-Offieei and one copy to the
Department Head, whose duty it is to inspect the type of
business involved. Such Department Head shall make
such Investigation of the applicant and of the statements
set forth In the application, as he shall deem sufficient.
and make a written report thereof to the Tax Collector,
who shall refer such report and recommendation, together
with a copy of the application to the Commlttee on Permits
and Licenses for a hearing set at a certain day, not more
than 30 days from the date of filing the application. At
such hearing any person Interested shall be entitled to be
heard and to file objections, protests or recommendations,
relative to the subject matter.
City Manager See above. See Section 300, above.
75. 11.01.365.
Suspension of
Permit.
The right to operate any business or other activity for
which a permit is required under this Chapter may be
suspended forthwith without notice and without hearing, in
the event such suspension is necessary for the
preservation and protection of the public health, morals,
safety or general welfare, if so determined by the Fire
Chief, Police Chief, Health Officer, Building Inspector,
Streets, Chiof Adminictrativo Officer,
City Manager See above. See Section 300, above,
Superintendent of
Committee on Permits and Licenses or the City Council;
provided that no such suspension shall continue for more
than 15 days unless an order to show cause why such
permit should not be revoked shall be Issued, as provided
in § 11.01.360.* CCIVIC § ._ :EXISTING F P.ROPOSEC 7 . r rt MENT JW.TION
_
CHARTgli SECTION ... _. _
76. 11.01.605.
Establishment:
Membership.
There Is created and established the Committee
consisting of the Qhlef-Administrative-Gffieer, the Chief of
Police, the Fire Chief, the City Planner, the Parks,
Recreation and Community Services Director (as a
nonvoting ex-officio member), and the City Treasurer, or
each of their designees, to be known as the "Committee
on Permits and Licenses" and to which Committee, all
applications for permits covering business operations or
other miscellaneous activities shall be heard except as
otherwise provided in this Code.
City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300,
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.
.
77. 11.01.510.
Organization of
Committee.
The ghlef-Admialetraffve-Qtflaer or his designee, in his
absence, shall act as Chairman of the Committee. Three
members of the Committee shall constitute a quorum to
consider application for permits and such other
businesses as may probably come before It. However, a
lesser number may adjourn from time to time,
City Manaaer See above. See Section 300, above.
78. 11.01.515.
Authority of
Chief
Admintstrative
Off4aeF City
Mana ger to
Notwithstanding any other provisions of this Chapter,
when, in the opinion of the ChiefAdminictrativo Officor
and the City Treasurer, an application for a permit
requires immediate attention, and a special meeting of the
Committee cannot be convened, the Crillef-Aciminictrative
CAGE*, In consultation with the City Treasurer, may
approve or deny a permit. A decision of the Chief
AdiTliRistrative-OffiGef, pursuant to this Section, shall be
considered the same as a decision of the Committee.
When used herein, the Ghief-AdministFative-Offieer and
the City Treasurer shall Include each of their designees.
City Managel See above. See Section 300, above.
Approve or
Deny Permit.
79. 11.01.540.
Secretary to
Keep Records,
The secretary shall keep a record of all proceedings had
before the Committee and prepare minutes of said .
meetings, recording therein the disposition of all
applications. If the application for permit Is approved by
the Committee, a permit, approved as to form by the
Committee and to which may be attached such conditions
as the Committee may require, will be executed by the
Ghief-Administrativo Officer and delivered to the applicant.
In all cases wherein a permit Is required prior to the
Issuance of a business license, a copy of said permit shall
be forthwith transmitted to the Business-Tax Collector,
with letter of transmittal authorizing him to issue said
business license on payment of the required license fee.
City Manag er See above. See Section 300, above.
80. 11.01.635(A).
Hearing
Officer.
A. The Culver City ghief-Admiaistfative-C)ffiser shall
designate the hearing officer for the appeal hearings.
City Manner See above. See Section 300, above.
Page 28 of 36Page 29 of 36
. — #7---
81.
d'A/TEn- 5
11.04.030,
Service
Charges.
- , :EX1STING CODE " r '
PROO$EP:NWENOMNT
- ...—_
' AOTION .7-.....
Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
...:- ' CHaitT lfg=i0N .
E. If the City Treasurer determines any amount due
hereunder cannot be collected or efforts to collect any
such sum would be disproportionately costly with relation
to the probable outcome of the collection efforts relative to
the amount due, then the City Treasurer may prepare a
report setting forth the findings and reasons therefor, and
submit that report to a Board of Review consisting of the
Chief Police, the Chief-Administmtivo Officer the of and
City Manager
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.
City Attorney.
82. 11.10.005.
Definitions.
STAND or TAXI STAND. A place designated by the
Chief-Administrative-Offisec of the City for the use of any
taxicab while awaiting employment.
City Manager See above. See Section 300, above.
83. 11.10.020.
Investigation
and Report.
No permit to conduct a taxicab business shall be granted
upon the Chief Administrative
City Manager See above. See Section 300, above,
or application acted until
Offieer causes an Investigation to be made and his report
and findings submitted to the City Councri. The report
shall contain but shall not be limited to the following
information:
E. Such other information as the Council may
the Chief-AdmInictrativo Officer deem request or
necessary or advisable.
84. 11.10.025.
Hearing on
Application,
Upon the filing of an application for a permit to conducts
taxicab business, the City Council shall fix a time and
place for a public hearing thereon. At least ten (10) days
written notice of the time and place set for public hearing
shall be given to the applicant and to other permittees
operating taxicabs in the City. Notice shall also be given
the general public by publication In a newspaper of
general circulation. Any interested person may file with
the Ghlef-Ailmlnintrotivo Officer memorandum in support a
City Manager See above. See Section 300, above.
of or in opposition to the issuance of the permit.
85. 11.10.030.
Findings.
The City Council shall make findings as to whether the
public convenience and necessity requires or does not
require additional taxicab service at the conclusion of the
public hearing or at a later date If it is determined that the
matter should be continued for further study. The City
Council shall consider the report from the Chief
Administrative-Offleer, the factual matters as verified in
the application, the memorandums or other written
materials on file, any presentations made In the public
hearing and its own investigation of the subject matter
which has been received by the Council.
City Manager See above. See Section 300, above.# . ZCMC .§ EXISTIODE r . • PROPOSED:MEM:110NT ACTION CHARTER $ECTION -
86. 11.10.060.
Suspension of
Permit by
Chief of Police,
The Chief of Police shall suspend any taxi driver's permit
and/or decal to operate a taxicab for a period of not to
exceed two (2) weeks in the event that he determines that
the public safety and welfare is endangered due to
mechanical or operational defects which cannot be
Immediately made to comply with the provisions of this
Chapter and the reasonable safety regulations imposed
by him, by the City Council or by State law, In the event
the Chief of Police suspends any permit or decal
hereunder, he shall notify the G4lief-Admieletrative-QI4ef
who shall set the matter on the next regular agenda of the
City Council for hearing. Notice of said hearing shall be
sent to the permIttee by certified mail, The Chief of Police
shall report to the Council In writing the reasons for the
suspension and the actions required to correct the
mechanical or operational defect endangering the public
health or safety. The Council after hearing on the
suspension may affirm, reverse or modify the suspension
or may, in the event that the suspension is affirmed, set a
revocation hearing in the manner required by this Chapter
for the revocation of the permit to conduct a taxicab
business, the taxi drivers permit and/or the decal for the
vehicle or any or all of them. Any suspension imposed
shall remain in effect pending a hearing on the revocation
of the permit or decal. It shall be unlawful for any person
to operate or to permit to be operated any taxicab subject
to the suspension during the period of a suspension.
City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300,
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.
87. 11.10.330.
Taxicab
Stands.
Taxi stand permits may be Issued to a permittee
hereunder allowing taxicabs operated by the perrnittee,
while awaiting employment, to stand in certain designated
places on the public streets. No permit shall be granted
except upon the application of the permittee desiring such
stand, flied with the Ghlef-Adratetstrative-GffieeF, stating
the number and kind of vehicles for which the permit is
sought and the proposed location of such stand or stands.
The Ghlef-Adminietrative-Gfficer may grant permits upon
the recommendation of the Chief of Police.
City Manager See above. See Section 300, above.
88. 11.13.125.
On-Site
Manager;
Security
Measures.
A. All adult uses shall have a responsible person who
shall be at least eighteen (18) years of age and shall be
on the premises to act as manager at all times during
which the business is open. The individual designated as
the on-site manager shall be registered with the Glief
Administfative-Offieer or designee by the owner to receive
all complaints and be given by the owner and/or operator
the responsibility and duty to address and Immediately
resolve all violations taking place on the premises.
City Manager See above. See Section 300, above.
Page 30 of 36Page 31 of 36
# -. : !§ .: ::: CONIC
.,„„ ...
• - :: ."::: !': !: . r ATINOWDE .:::i'i :•::,-. :
C. The permittee shall be required to retain other City
services, as deemed necessary by the Chiof
AdministFative-OfficK for the purpose of
protecting assisting and regulating the proposed activity,
at the sole cost and expense of the permittee.
E. No person shall cause or allow filming of aerial
activities, from the air or ground, Including helicopter
landings, to occur unless the permittee receives prior
written authorization from the Chief Administrativa-Officer
:,.:.;:::•,.::MR.OPOSEXJ::$10.6114617M;r:.:-
City Manager
::i. • ii', ...':::,:::::.. .AcTiON:::,.::::: : ' 7 . . .. .,
Replace Chief.AdminIstrative
Officer and CAO with City
Manager pursuant to Charter
Section 300.
.-:, s. r.:!,,,,:-: :;...::::. :::, -, .CHARTERZEOTICIN :. ' :: • :. - : ::::::: - .:".: . T.'"
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.
89. 11.14,035(C)
and (E).
Additional
Duties of
Permitee.
,
.,
90. 11.20.020.
Definitions,
C,14lg-F--.4DMIAIIST-R,4-T-14/E-QFFICER-eF-GAA. The chief
administrative official for the City appointed by the City
Council, or his/her designee.
City Mana ger See above. See Section 300, above.
91. 11.20.025(9)
and (C).
Application
Requirements.
B. An application shall be submitted on a form
approved by the GAQ and provided by the City. The City
shall provide an estimate of the cost for review of the
application in accordance with the fees for telecommuni-
catians services as adopted by resolution from time to
time by the City Council. The application fee shalt be paid
prior to Initiation of any application review by the City.
C. Applications shall be reviewed by designees of the
GAg for determination as to whether a franchise or an
City. Manager See above. See Section 300, above.
encroachment permit shall be required, and to make
findings and recommendations for the City Council.
92. 11.21.010.
Defined Terms
and Phrases.
-CHIEXADMINISTRATIVE-OFFIGER-er-GA44, The chief
administrative official for the City appointed by the City
Council, or his or her designee.
City Manaaer See above. See Section 300, above.
93. 11.21.105(B).
Franchise
Application
Required.
B. The CAQ shall specify the information that must be
provided in connection with an application, and the form in
which the information shall be provided.
Cit y Manager See above. Sea Section 300, above.
94. 11.21.140(A).
Rate
Regulation,
A. Regulation. The City shall regulate any operator's
rates and charges, except to the extent it is prohibited
from doing so by law. The City will regulate rates In
accordance with FCC rules and regulations, where
applicable. Except to the extent FCC rules provide
otherwise, all rates and charges that are subject to
regulation, and changes in those rates or charges most be
approved by the City in advance. The CAC may take any
required steps to file complaints, toil rates, Issue
accounting orders or take any other steps required to
comply with FCC regulations. The City Council shall be
responsible for issuing orders that establish rates or order
refunds,• A grantee must comply with all rate orders
issued by the City Council pending appeals by the grantee
unless a stay order has been issued by the FCC,
City Mana ger See above. See Section 300, above.# • !CDMC • "EXISTINGODE PROPOSED AMENDMENT
' ,n ......,.. . i...
, -ACTION
CHARTORSEDT1ON
95. 11.21.170(A)
and (B).
General
Financial and
Insurance
Provisions,
A. Every operator of a cable communications system
shall obtain and maintain a performance bond to ensure
the faithful performance of its responsibilities under this
Chapter and any franchise. The amount of the perfor-
mance bonds shall be set by the GAD or may be set In a
franchise agreement in light of the nature of the work to
be performed pursuant to or under the franchise, but
Initially shall not be less than ten percent (10%) of the
estimated cost of constructing or (In the case of existing
systems) upgrading the cable communications system.
The bond is not in lieu of any additional construction or
other bonds that may be required through any permitting
process. The bond shall be In a form acceptable to the
City Attorney. Bonds must be obtained prior to the
effective date of any franchise, transfer or franchise
renewal, unless a franchise ordinance specifically
provides otherwise.
B. The GAO may permits cable communications
system operator to eliminate or reduce the amount of the
bond upon successful completion of the required
construction and after the system performs as promised
for one year after completion, if the GAO determines that
(I) the operator has substantially complied with its
obligations under its franchise and applicable law; and (ii)
the letter of credit maintained by the operator, plus any
remaining amount of the bond will be adequate to ensure
performance.
City Manager Replace Chief Administrative
Officer or CAD with City
Manager pursuant to Charter
Section 300.
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.
96. 11.21.200(B).
Maintenance
and inspection
of Records
B. Books and records requested shall be produced to
the City by a time and at a location in City designated by
the City Treasurer or GAO, or designated in a franchise
ordinance. However, if the requested books and records
are too voluminous, or for security reasons cannot be
copied and moved, or if the requested books and records
contain trade secrets, then the grantee may request that
the inspection take place at some other location mutually
agreeable to the City and the grantee, and the City will not
unreasonably deny the request, provided that (i) the
grantee makes necessary arrangements for copying
documents selected by City after its review; and (H) the
grantee pays all travel and additional copying expenses
incurred by City (above those that would have been
incurred had the documents been produced in City,
including those Incurred by any outside auditors,
consultants or attorneys retained by the City to review the
franchise) in inspecting those documents or having those
documents ins ected b its deal. nee.
City Manager See above. See Section 300, above.
.
Page 32 of 3697. 11.21.205(A);
(B) and (C).
Reports.
ENIMINP „:000.5 7-- ' 7 -
A. The GAO may from time to time direct a grantee to
prepare reports regarding its cable communication system
and Its operations within or affecting the City, and to
submit those reports by a date certain, in a format
prescribed by the GAO, in addition to those required by
this Chapter or a franchise agreement.
B. Unless an exemption is granted by the GAO, no later
than ninety (90) days after the end of Its fiscal year, a
grantee shall submit the following information, except that
the information on grantee's officers, members of its
boards of directors, other principals, stockholders or
equity Investors holding five percent (5%) or more of the
voting interest, need only be provided where there has
been a change from the preceding year
C. When requested by the GAG, within forty-five (45)
days of the end of each calendar quarter, a grantee shall
submit a report to City containing the following
Information:
---- :t -0 - Wi ,,Ogr.PrOl lt . •
City Manaaer
l'AtTleirf '
' '0 HARTER SEGTIO,N
Replace Chief Administrative
Officer or GAO with City
Manager pursuant to Charter
Section 300.
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.
98.
•
11.21.220(B).
Failure to
Report.
B. For purposes of this Section, notice is sufficient if the
GAO (or the City Treasurer with respect to financial
reports) notifies the grantee in writing that grantee has
failed to provide a requested report, perform a test, or
provide access to books and records or to its plant. A
grantee will be deemed to have failed to cure unless It
provides the requested reports, performs the tests or
provides the access to books and records and to its plant
within fifteen (15) days of the date of the notice, or such
longer period as the GAO may specify in the notice.
City M naaer See above. See Section 300, above.
99. 11.21.225.
Other Records
Required.
Unless the GAO specifically waives the requirement In
writing, a grantee shall at all times maintain:
aV_Maneggr See above. See Section 300, above.
100 11.21.230.
Exemptions,
At the sole discretion of the GAO, the GAO may
temporarily exempt any grantee from its obligations
under §§ 11,21.210, 11,21.215 and 11.21.225 If the GAO
determines that the requirement would be unduly burdensome or unnecessary; and that the City and
subscriber interests may be adequately protected in some
other manner.
City Manaaer See above. See Section 300, above.
Page 33 of 36ccmc g Exis-rtoo,pppE PROEQSEIY,' ENPMENT 'ACTION . .
CHAR ER SECTION
101 11.21.240(B)
and (B)(1).
Penalties for
Noncompli-
ance.
B. The GAO Is authorized to administer this Section.
Decisions by the GAG to assess penalties against the
grantee must be In writing and must contain findings
supporting the decision. Decisions by.the GAG are final,
unless appealed to the City Council,
1. If the grantee or any Interested person is
aggrieved by a decision of the GAO, the aggrieved party
may, within ten (10) days of the written decision, appeal
that decision in writing to the City Council through the City
Clerk's office. The fee established by the City Council for
processing the appeal must accompany the appeal letter.
The City Council may affirm, modify, or reverse the
decisions of the GAO.
City Manager. Replace Chief Administrative
Officer or CAO with City
Manager pursuant to Charter
Section 300.
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.
102 11.21.245(B).
Enforcement
and Remedies
Revocation,
B. Before conducting a hearing to revoke a franchise,
except as otherwise provided in this Chapter; (I) the GAO
must have given notice of a claimed violation, breach,
default or failure; and (ii) the grantee must have been
given thirty (30) days to cure the claimed default, except
as provided herein, provided that the cure period for
failure to remit franchise fees is fifteen (15) days. An
opportunity to cure is not required where the City finds
that the defect in performance is due to willful misconduct,
is an adjudicated violation of criminal law, or is part of a
pattern of violations where the grantee has already had
notice and opportunity to cure. The grantee will be given
at least twenty (20) days notice of the hearing date, and
will be provided an opportunity to be heard at the hearing.
City Manager See above. See Section 300, above.
103 11.21.300(B).
Consumer
Protection
Standards;
Generally.
B. For good cause shown, the GAD may grant a
temporary waiver of any City customer service standard
where the GAO determines;
City Manaoer See above. See Section 300, above.
104 11.21.310(E).
Consumer
Protection
Standards;
Notices and
Billing.
E. A grantee shall notify the GAG immediately Ifs
service interruption affects fifty (50) or more subscribers
for a time period greater than three (3) hours. The GAO
shall establish appropriate methods for the notification
required herein, including any procedures for notification
after normal business hours.
City Manacier See above. See Section 300, above.
105 11.21.315(A)
(8). Protection
of City and
Residents,
8. Prior to the Implementation of any interactive
subscriber response mechanism, a grantee shall first
demonstrate to the satisfaction of the GAO that such a
mechanism can provide effective protection against
invasion of privacy.
City Manager See above. See Section 300, above.Page 35 of 36
, # ' DDNI D .§ EXISTIND DOM" ' PROPOSED'AMENDMENT
__
ACTION . ' CHARTER,5ECTION
106 11,26.025(A).
Application
Processing
Costs,
A. Any application for a Pass Through
Telecommunications System shall include an application
fee determined by the ChlefAdminictrativo Officor or as
City Manager Replace Chief Administrative
Officer or CAO with City
Manager pursuant to Charter
Section 300.
300. FORM OF GOVERNMENT,
The municipal government established by this Charter shall he the
Council-Manager' form of government, under which the City Council
sets policy and the City Manager administers the government. his or her designee, and based on amounts established
by City Council resolution, to cover the cost of all direct
and indirect administrative expenses and staff efforts,
including consultants and attorneys, necessary to
adequately analyze the application. In addition, the
applicant shall reimburse the City for all out-of-pocket
processing costs, which shall include, but not be limited
to, costs of publications of notices, development and
publication of relevant agreements, travel expenses, and
any other out-of-pocket expenses not covered by the
application fees, incurred by the City in its study and
evaluation of the application. Should it be determined that
the actual cost of processing the application exceeds the
the fee the Chief-Administrotivo Officer amount of paid,
shall require an additional amount to be paid by the
applicant before the application processing continues.
107 11.26.030(L)
Application
Review.
Within ninety (90) days after receipt of an accepted as
complete application, containing all information listed in §
1'1.26.020, the City's Chief Adreleictrotivie Offieer, or his or
City Manager See above. See Section 300, above.
her designee, shall issue written findings recommending
the granting or denying of the application in whole or in
part. If the application is denied, the findings shall include
the reasons for denial. In reviewing the application, the
City shall consider the following:
L. Such other factors as may demonstrate that the
permit agreement to use the streets and public rights-of-
way will not serve the community interest. The Chief
Administrative Officer recommend such reasonable may
conditions on the proposed permit agreement for the
purpose of protecting the public's health, safety and
g eneral welfare.
108 13.03.140.
Teenage
Entertainment;
Permit
Required,
It shall be unlawful for any person to sponsor or conduct a
dance or any other activity of entertainment for persons
under the age of 18 years without first filing application for
the Chief-Administrative Officer the City In a permit with of
City Manager See above. See Section 300, above.
the form and manner required by him,
09 13.03.145(C).
Entertainment
Regulations.
C. Time limit. No dancing Involving participants below
the age of 18 shall be permitted after the hour of 12:00
midnight, unless the permit obtained from the Chief
Administrative Offieer specifically authorizes a later hour.
City Manager Sae above. Sea Section 300, above.t f .CCMC-§
15.07.010.
Establishment.
EXMTING DOPF
Pursuant to §-806 of the Charter of Culver City, and §
3.03.2300. of the Municipal Code, there are hereby
established architectural review procedures
' PROPOSED AMENDMENT
§500
ACTioN , -
Replace §806 with §500.
. - OHARTER 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.
110
.
111 15.10.100.
Definitions
CiPt- The-C-ity Culver City. of None. Delete. "City" and "City
Council" defined in Charter
Section 200. No substitute
language suggested.
200. DEFINITIONS.
As used in this Charter:
(b) "City' shall mean and refer to the City of Culver City.
(d) "City Council" shall mean and refer to the City Council
of the City of Culver City,
COUNCIL. The City Cowl.' t
112 15.10,245(A).
Tentative Map
Distribution.
A. Ohlef-Adminictrativo Officor one (1) copy. City Manager Replace Chief Administrative
Officer with City Manager
pursuant to Charter Section
300.
300. FORM OF GOVERNMENT.
The municipal government established by this Charter shalt be the
"Council-Manager" form of government, under which the City Council
sets policy and the City Manager administers the government
113 17.250.030(D)
(4). Open
Space (OS)
District
Requirements.
(D)(4). if the Community Development Director and
Parks, Recreation and Community Services Director do
not reach a consensus determination as required by this
subsection, then the Ohief-Adreinistrative-Officer shall
make the determination after reviewing the
recommendations of the two Directors,
City Manager See above. See Section 300, above.
114 17.250.030(F)
(3) and (F)(4).
Open Space
(OS) District
Requirements.
(F)(3). If the Community Development Director and
Parks, Recreation and Community Services Director do
not reach a consensus determination as required by this
subsection, then the Chief-Administrative-Officer shall
make the determination after reviewing the
recommendations of the two Directors.
(9(4). If the Community Development Director, or his or
her designee, and the Parks, Recreation and Community
Services Director, or his or her designee (or Ohlef
Administrative-Officer, if applicable), determine the above
findings cannot be made, then the request shall be
considered a major change and referred for Planning
Commission for review at a public hearing, the Parks and
Recreation Commission at a public meeting and for
Council review at a public hearing.
City Manaaer See above. See Section 300, above.
115 17.700.010.
Definitions of
Specialized
Terms and
Phrases.
of-Giver-C1 z -. . . None Delete definitions. "City" and
"City Council" defined in
Charter Section 200. No
substitute suggested.
See Section 200, above.
-
City. Tho City - . z . .:.
to-in this Title-as the "City= ,
Couneil-ef-Cuiver-Oltfrreferred to City-Geenall. The-Gity
in-this-Title-as-tiao "Couneirtr
Page 36 of 36