City of Culver City, California
City Council Agenda Item Report|1010|RECOMMENDATIONS:
Staff recommends that the City Council receive and file the final report of the Charter
Review Committee (“Committee”). The City Council is further requested to
determine whether to place the proposed Charter, in its entirety or in part, on the
ballot for the April 11, 2006, general municipal election.
(This staff report is intended to be used for the joint meetings on September 15 and
22, 2005.)
Meeting Date: 09/22/05 Item Number: J-1
AGENDA ITEM: Joint Meetings of the City Council and Charter Review
Committee for Discussion and Consideration of Proposed Charter Revisions to
be Placed on the April 11, 2006, General Municipal Election.
Contact Persons/Dept.: Heather Iker and
Elaine Hirohama/ City Attorney’s Office
Phone Number: (310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Via e-mail on September 7, 2005: Master Notification List; Planning Commission; Civil
Service Commission; Parks and Recreation Commission; Cultural Affairs Commission;
Presidents of City Bargaining Groups: Fire Management, Fire Safety, Police
Management, Police Safety, CCEA, and Management; Dr. Laura McGaughey; CCUSD
School Board Members; Crystal Alexander; Christopher Armenta; Deborah Baine;
Richard Beaver; Steve Bell; Desmond Burns; Vicky Daly-Redholtz; Lynne Davidson; Art
Garcia; Bobbi Gold; David Holtzman; Paul Jacobs; George Laase; Morley Matsuda;
Jackie McCain; Chip Netzel; Kenneth Rothschild; Linda Shahinian; Laura Stuart;
Frances Talbott-White; Robert Tompkins; and Sharon Zeitlin. Postcard notice via mail
to all City residents on August 31, 2005. (17,750) To all City Employees via memo on
September 9, 2005
Department Approval:
Carol A. Schwab 08/31/05
CAO Approval:
Jerry Fulwood 9/7/05
City Controller Approval:
Marlee Chang 9/6/05 City of Culver City, California
City Council Agenda Item Report|1010|PROCEDURES AND TIMELINE:
1. September 15
th
meeting:
a. The Committee presents its report to the Council for discussion, including
public comment, and to answer questions.
b. The City Council receives and files the Committee’s Report
(Attachment 1).
2. September 22
nd
meeting:
a. After further discussion, if necessary, the City Council makes its decision
regarding placement of the Charter, in its entirety or in part, on the ballot
for the April 11, 2006, election; or
b. Provide further direction to the Committee and/or staff. Should the City
Council request additional information from the Committee or staff, an
additional Council meeting will need to be scheduled.
3. April 8, 2006, Election Deadlines: (Attachment 2, Calendar)
a. According to the tentative election schedule, the suggested last day for the
voters to file petitions for a measure is October 21, 2005. This deadline
would allow the County to verify the signatures on the petition.
b. December 5
th
-- the suggested last day for the City Council to adopt
resolutions calling the April 2006 general municipal election.
c. December 20
th
– the suggested last day to call election for ballot
measures.
BACKGROUND:
Last September, the City Council appointed 10 members to the Charter Review
Committee. The review of the entire Charter had not been undertaken since the
early 1980’s. The Committee was directed to present quarterly updates to the
Council. The Committee’s reports to the Council were made on February 14 and
June 13, 2005. Town Hall meetings were held by the Committee on January 19 and
June 22, 2005. The June 22
nd
meeting was held in the Council Chambers and
televised. This meeting was rebroadcast on the City’s public access Channel 35 on City of Culver City, California
City Council Agenda Item Report|1010|July 20 and July 26, 2005. Additionally, the Committee sent approximately 85 letters
to various Culver City homeowners associations and service groups notifying them
that Committee Members were willing to conduct informational meetings for their
organizations. In response, meetings were conducted with the Culver Crest
Neighborhood Association, East Culver City Neighborhood Alliance, Raintree
Homeowners Association and the Culver City Police Officers Association. This
evening, Committee Members are in attendance to present the Committee’s final
report and recommendations and answer any questions.
During the course of this Charter review process, the Committee encouraged
attendance by City officials, employee associations and all members of the public at
its meetings. The Committee invited and heard testimony from Jerry Fulwood, Chief
Administrative Officer; Crystal Alexander, City Treasurer; Christopher Armenta, City
Clerk; Eric Shapiro and Jim Lavery, retired City Controllers; Charles Herbertson,
Public Works Director; Don Rogers, retired Parks, Recreation and Community
Services Director; John Montanio, Police Chief; and Jeff Eastman, Fire Chief.
In addition, some Committee members participated in a Charter workshop with the
Culver City Board of Education.
DISCUSSION:
With the assistance of its consultant, Dr. Raphael Sonenshein, the Committee
identified a list of topics and issues to be addressed. These topics and issues were
categorized, prioritized and calendared. In order to assist the Committee in its
review process, staff researched and compared the charters of fourteen (14) other
cities—Burbank, Cerritos, Glendale, Inglewood, Irvine, Long Beach, Los Angeles,
Newport Beach, Palm Springs, Pasadena, Pomona, Redondo Beach, Santa Monica
and Torrance, and used the National Civic League book, Model City Charter, as a
resource.
The most significant substantive changes to the Charter recommended by the
Committee are:
1. Form of Government:
a. “Council–Manager” form of government, whereby Council sets
policy and City Manager administers the government.
b. Effective April 8, 2008, the City Manager appoints the City Clerk
and City Treasurer.
c. All Department Heads to be in the unclassified service, including
the positions of Community Development Director; Parks, City of Culver City, California
City Council Agenda Item Report|1010|Recreation and Community Services Director; and Transportation
Director, which are currently in the classified service.
d. The City Council will continue to appoint and remove the Fire Chief,
Police Chief and City Attorney; and all other Department Heads to
be appointed and removed by the City Manager.
e. Designation of the City Clerk as the City’s elections official.
2. Other Changes:
a. Creation of a Preamble reflecting the community’s values for its
government.
b. Prohibition against interference with the day-to-day operations by
the City Council.
c. Establish contracting procedures and policies by ordinance.
d. Elimination of any reference in the Charter to specific commissions,
boards and committees in favor of a provision which authorizes the
City Council to establish by ordinance such commissions, boards or
committees, as it deems necessary, for the effective and efficient
governance of the City and to encourage greater citizen
participation.
e. Authorize the Council to conduct some elections wholly by mail (in
the manner of absentee ballots).
f. Require compensation disclosure for Council Members.
g. Specific language relating to ethical conduct.
h. Creation of a provision for future Charter Review Committees.
i. Elimination of the requirement for a 2/3 vote to withdraw any
departments or employees from the classified service and replace it
with a “majority vote” of the People.
The Committee also spent a significant amount of time reorganizing the Charter and
ensuring that the Charter was consistent in its entirety. Archaic language was removed.
For example, current Section 1311, “Independent Audit Required” states: “The City
Council shall employ at the beginning of each fiscal year an independent qualified public
accountant or firm. . . “. The new language proposed in Section 1609, “Independent
Audit Required”, states: “At the beginning of each fiscal year, the City Council shall
employ an independent, certified public accountant or firm. . .”.
3. Reorganization and Clean-Up of Charter:
a. “Definitions” moved to the front of the Charter.
b. Remove archaic language in the existing Charter: “hereof”,
“thereof”, and “hereinabove”.
c. Use of gender neutral language.City of Culver City, California
City Council Agenda Item Report|1010|The Committee recommends that if the new Charter is placed on the April 2006 election
and passed by the voters, the Charter shall become effective on July 1, 2006, or the
date it is accepted and filed with the Secretary of State, whichever date is later. The
Committee determined that the current City Treasurer shall continue to serve the
remainder of her term until April 8, 2008. The person elected to the office of City Clerk
shall serve a two-year term until April 8, 2008. If the elected offices become vacant
prior to April 8, 2008, the City Council shall appoint a replacement to serve the
remainder of the unexpired terms.
The Committee unanimously agreed to recommend the proposed Charter. One of the
most debated topics, which the Committee revisited several times, was whether to
retain the classified service for the Fire and Police Chiefs. The proposed Charter would
remove all Department Heads from the classified service.
The Committee also extensively debated the topic of City Council term limits. The
Committee recommends that the City Council revisit the issue of term limits and
consider placing the issue on the ballot for the April 2008 election.
IMPLEMENTATION TASKS:
In the event the revised Charter passes, the following is a summary of some of the
tasks which will need to be implemented before July 1, 2006:
1. Revise City organization chart to reflect new “Council-Manager” form of
management.
2. Create job specifications for City Manager and eliminate job specifications
for Chief Administrative Officer.
3. Establish, by ordinance, contracting procedures and policies for public
works contracts.
4. Determine how to implement proposed Charter Section 1100 as it relates
to creation and continuance of commissions, boards or committees in the
Municipal Code and amend existing provisions, as necessary.
5. Revise the job specifications of certain Department Heads to remove civil
service and change appointing authority from Council to City Manager.
6. Negotiate existing Department Head employment contracts, as applicable,
to change appointing authority from Council to City Manager.
Some of the long-term policy decisions and tasks are:
1. Amend the Municipal Code, Council Policies and Administrative Policies to
conform to the new Charter.City of Culver City, California
City Council Agenda Item Report|1010|2. Revise job specifications for City Clerk and City Treasurer and structure of
each department.
FISCAL IMPACT OF PLACING CHARTER ON THE BALLOT:
A budget amendment may be required in the current fiscal year in the City Clerk’s
budget due to increased operating expenses for printing the charter ballot measure or
measures due to the length of the proposed charter amendments. Also, additional
funds may be required for codification of the new charter and printing the charter as a
pamphlet.
ATTACHMENTS:
1. Report of the Culver City Charter Review Committee to the City Council
2. April 2006 Election Schedule
MOTIONS:
That the City Council:
1. Place the entire proposed Charter, or portions of it, on the ballot for the
April 11, 2006, general municipal election; or
2. Request the Committee and/or staff to return with additional information
which should be agendized for a future Council meeting.
et46L01,
FINAL REPORT OF THE CULVER CITY
CHARTER REVIEW COMMITTEE
TO THE CITY COUNCIL
September 15 and 22, 2005CITY OF CULVER CITY
Charter Review
Committee
September 2004 - September 2005
Andrew N Weissman, Chair
Edward M Wolkowitz, Vice Chair
Susan Berg
Thomas C Camarella
Steven Gourley
Robert G Knopf
John Kuechle
Miriam (Mim) Shapiro
Michael Whitaker
Harriette Williams, Ed D
Raphael Sonenshein, Ph D , Consultant
September 15 2005 Page 2 of 108CHARTER REVIEW COMMITTEE
CITY OF CULVER CITY
9770 CULVER BOULEVARD CULVER CITY CALIFORNIA 90232-0507
(310) 253 5660
FAX (310) 253 5664
September 15, 2005
Honorable Mayor Vera and Members of the City Council
City of Culver City
9770 Culver Boulevard
Culver City, CA 90232
Dear Mayor Vera and City Council Members
Last September, the City Council created a ten member Charter Review
Committee to undertake the project of reviewing the entire Charter, a
task which had not been done for more than 25 years The Committee
embraced that task with the principal goal of making Culver City
government more responsive, accountable and efficient
At the outset, we do not believe anyone on the Committee fully
appreciated the magnitude of the Committee s charge During the
course of its deliberations, the Committee compared Culver City s
Charter and practices with the charters and best practices of other
charter cities and model charters promulgated by various public agencies
such as the League of California Cities, while seeking at all times to
propose governance structures particularly suited to our city
The Committee was asked to deliberate fully on this important task
within the timeframe set forth by the City Council With this report, the
Culver City Charter Review Committee presents you with our final report
and recommendations
The Committee s review indicated that the City s governance structure,
particularly lines of authority, could be greatly modernized and
enhanced The Charter itself was also in need of clarification,
simplification and reorganization Together, the proposed improvements
in these areas would bring the governance of Culver City into the 21st
century
September 15 2005 Page 3 of 108The principal recommendation of the Committee is to implement the
Council Manager form of government The Council Manager' form of
government places a premium on clear lines of authority, accountability,
accessibility and efficiency The Committee received testimony from City
officials, who in part stated that although the current structure has long
served the community, the fragmentation of day to-day decision making
could be inefficient Times have changed, as has the structure of local
governments Research materials submitted for the Committee s
consideration increasingly indicate that the Chief Administrative Officer
form of government is nearly unique to Culver City and will be harder to
sustain in the future
Once the Council Manager decision was made, the Committee sought
consistency in drafting the Charter in order to reinforce the City
Manager s authority to carry out the policies set by the City Council We
recommend elimination of civil service status for all department head
positions It was the Committee s view that civil service protection was
important for most other levels of employment within the City It is not,
however, necessary for those having achieved the level of a department
head
The Committee has also recommended that the positions of Fire Chief,
Police Chief, and City Attorney should continue to be appointed by the
City Council This is a departure from the standard Council-Manager
form of government which the Committee concluded was, nevertheless,
appropriate for our community
In this comprehensive review of the Charter, the general philosophical
view of the Committee was the Charter should provide the City Council
with increased flexibility in setting policy by ordinances, resolutions and
other actions The proposed Charter removes dollar limitations in many
places, creates contracting provisions and policies by ordinance,
authorizes the Council to create and abolish commissions, boards and
committees by ordinance, and, removes archaic or ambiguous language
(For some highlights of the proposed Charter revisions, a chart is
included in this Report )
The Committee did not limit itself to making proposals for Charter
changes Because of the need to modernize and improve the language
of this Charter, the Committee established a drafting subcommittee
consisting of several committee members, city attorney staff, and the
Committee s consultant Over numerous meetings, the subcommittee
thoroughly edited the Charter, identifying and adjusting inconsistencies
September 15 2005 Page 4 of 108and other problems As a result, the Charter we submit to you has been
carefully vetted for Charter language, and is ready in its present form
Through the diverse viewpoints of the Committee, comprehensive review
of research materials and deliberation over the complex issues raised in
this Charter review process, the Committee reached consensus This
report was unanimously adopted by the Committee at its meeting on
August 24, 2005 The Committee stands ready to answer any questions
you may have and to assist in any way
Very truly yours,
CULVER CITY CHARTER REVIEW COMMITTEE
Andrew N Weissman Edward M Wolkowitz
Chair Vice Chair
September 15 2005 Page 5 of 108Charter Review Committee
The ten-member Charter Review Committee was appointed by
the City Council on September 27, 2004, to review the
governance of the City through an analysis of the entire
Charter with the goals of making City government more
responsive, efficient and accountable
We, the undersigned members of the Culver City Charter
Review Committee, endorse the recommendations included in
this report for the better governance of the City of Culver City
Adopted and Executed on August 24, 2005
Andrew N Weissman Edward M Wolkowitz
Chair Vice Chair
Susan Berg Thomas C Camarella
Steven Gourley Robert G Knopf
John Kuechle Miriam (Mum) Shapiro
Michael E Whitaker Harriette F Williams
September 15 2005 Page 6 of 108Charter Review Committee
Standing (Left to Right) Dr Raphael Sonenshein Consultant
Committee Members Bob Knopf Susan Berg Steve Gourley, Km Shapiro,
Harriette Williams, Tom Camarella Mike Whitaker and John Kuechle
Seated (Left to Right) Ed Wolkowitz Vice Chair Andy Weissman, Chair
Committee Members
Committee Members
Gourley Camarella Williams & Shapiro
Knopf Kuechle and Whitaker
September 15 2005
Page 7 of 108Current Charter Proposed Charter
1 A Form of Government A Form of Government
2 §300 Council Manager form of government
3 §600 Chief Admimstrative Officer §700 City Manager who acts as chief executive officer of the City
§600 City Council appoints & removes all [non elected] department heads §700 City Manager appoints and removes most department heads
4 §607 Council appoints and removes City Mgr City Atty Fire & Police Chiefs
5 §701 The Council (and individual members) are prohibited from (a) ordering City
Mgr to hire or fire someone (b) ordering City Mgr to enter into a municipal
contract or buy supplies from a particular person (except as permitted by ordinance
or the Charter) or (c) interfering with the performance of the duties of any City
employee|1010|§501 City Treasurer elected §700 Treasurer appointed by City Manager
8 §602 Certain duties of City Treasurer specified in Charter Duties of Treasurer to be established by ordinance
10 §501 City Clerk elected §700 City Clerk appointed by City Manager
11 §601 Certain duties of City Clerk specified in Charter Most duties of City Clerk to be established by ordinance
12 Misc duties of Clerk referenced throughout Charter (507 508 509 512
513 804 1100 1311 1313 1315 1400)
Misc duties of Clerk referenced throughout Charter (§607 608 612 616 618
801 803 1103 1400 1609 1700)
13 §1502 Clerk is named elections official and directed to supervise City elections
14 §1502 City Council (& individual members) are prohibited from interfering with
the performance by the City Clerk of the duties as the City elections official
15
16 B Civil Service B Civil Service
17 §900 Whether a particular position is covered by civil service is generally
determined by the rules in effect when the Charter was adopted
§1200 Whether a particular position is covered by civil service is generally
determined by the rules in effect when the Charter was adopted
18 Some department heads are covered by civil service some are not
(those covered include Commumty Development Director Fire Chief
Parks Recreation Director Police Chief and Transportation Director)
§1201 No department heads are covered by civil service
19 Elected City Clerk and City Treasurer are not covered by Civil Service §1201 City Manager City Clerk and City Treasurer are not covered by civil service
20 §900 1 City Attorney is not covered by civil service §1201 City Attorney is not covered by civil service
21 §900 A person or position cannot be removed from civil service without a
2/3 vote of the electorate
§1200 A person or position cannot be removed from civil service without a
majority vote of the electorate
2223 C Commissions Boards and Committees C Commissions Boards and Committees
24 §806 Planning Civil Service and Parks Commissions established in §1100 Council to establish by ordinance such commissions and boards as it
Charter which specifies their duties chooses with freedom to assign and restructure their duties from time to time
25 §1100 The commissions established by the Council shall include a commission
charged with responsibility of maintaining positive human relations
26 No reference is made to committees §1105 Council may establish such committees as it chooses
27 §1900 Council to consider the need for Charter Review Committee every 10 years
28
29 D Contracting D Contracting
30 §1304 All public works contracts over $25 000 to be awarded to lowest §1604 Council to establish by ordinance procedures to insure the integrity of
responsible bidder awarding public works contracts while these need not require accepting the
lowest responsible bid they generally must require obtaining competitive bids
31 §1304 Council by 4/5 vote may award contract without bidding §1604 Council by 4/5 vote may award contract without complying with
procedures
32 §1604 Contractor cannot sue the City for failure to comply with bidding procedures
33
34 E Elections E Elections
35 §1502 As permitted by the California Elections Code the Council is given
authonty to hold elections entirely by mail (i e with everyone using absentee
ballots)
36 §500 2 Term Limits 2 consecutive term maximum ineligible for 2 years §601 Term Limits 2 consecutive term maximum ineligible for 2 years
37
38 F Ethics and Disclosure F Ethics and Disclosure
39 §603 Compensation (including benefits) paid to Council members is to be
disclosed
40
§1403 City officers and employees are to comply with all laws relating to ethical
conduct Council shall adopt such ordinances & resolutions as it deems necessary
to promote same
41 §1404 City officers and employees are not to engage in and City facilities are not
to be used for improper political activity The City Council shall have the
authonty to establish rules and regulations to implement this policy
42 §504 Council members forfeit office upon conviction of a cnme involving §605 Council members forfeit office upon conviction of a felony or a crime
morel turpitude invol ving moral turpitude
September 15 2005
Page 9 of 10843
44 G Miscellaneous G Miscellaneous
45 §508 Detailed provisions following state law are made for the giving of
notices of special meetings of the Council
§610 All notice provisions for Council Meetings shall be in compliance with State
law
46 §610 The Council is to consider whether it should establish additional provisions
(consistent with then current technology) for giving cost effective notice
47 §518 No citizen is to be denied the nght to present gnevances or offer
suggestions for betterment of municipal affairs
§611 All persons have the right to address the Council (and Coimmssions) subject
to reasonable rules of decorum and time limits
48 §603 Duties of City Attorney specified §901 Duties of City Attorney revised
49 §1312 1316 Budget process outlined §800 805 Budget process revised
50 §1501 Violation of the Charter is a misdemeanor punishable by up to $500
and 6 months in jail
§2100 Violation of the Charter is a misdemeanor (although it may be prosecuted as
an Infraction) The Council is to establish the penalties (up to the maximum
permitted by State law)
51 H Council Voting Requirements H Council Voting Requirements
52 No clear statement on effect of abstentions §612 In general Council acts by majonty vote (specifically excluding abstentions)
53 §503 504 Declare Council office vacant fill a vacancy majonty §604 605 Declare Council office vacant fill a vacancy 3 votes
54 §507 Hold a regular meeting with less than 7 days notice 4/5 §608 Hold a regular meeting with less than 7 days notice 3 votes
55 §507 Adjourn meeting to another place or later time 4/5 §608 Adjourn meeting to another place or later time majonty
56 §507 Change meeting location if unsafe Mayor or 3 votes §608 Change meeting location if unsafe Mayor or majonty
57 §510 Introduce or enact an ordinance 3 votes §613 Introduce or enact an ordinance 3 votes
58 §510 Introduce or adopt urgency ordinance 4 votes §614 Introduce or adopt urgency ordinance 4/5
59 §600 Appoint or remove CAO City Attorney Police & Fire chiefs
majority
§607 Appoint or remove City Mgr City Atty Police & Fire Chiefs by a vote of at
least 3 of its members Employee contract can specify larger majonty
60 §1315 Adopt a budget 3 votes §803 Adopt a budget 3 votes
61 §1315 Amend a budget 4 votes §803 Amend a budget 4/5
62 §802 Remove a Commissioner 4 votes §1100 Remove Commissioner [Charter does not specify a standard so action can
be taken by majority vote although a higher standard could be set by ordinance]
63 §1304 Award contract without competitive bid 4 votes §1604 After public hearing award contract without complying with procedures
4/5
64
65 I Transition I Transition
66
§300 305 All existing nghts ordinances contracts employees
conumssions etc remain in place
§2001 2008 All existing nghts ordinances contracts employees commissions
etc remain in place
September 15 2005
Page 10 of 10867
§2000 Effective date of new Charter July 1 2006 or when accepted & filed by
Secretary of State whichever is later
68
§2009 2010 Elected City Clerk and City Treasurer serve until Apnl 8 2008
69 §2011 After a transition section (in Article XX) has become obsolete (e g the
provisions on the Clerk and Treasurer after Apnl 8 2008) the City Attorney may
recommend and the Council may choose to remove the provision from the Charter
70
71 J Technical J Technical
72 §503 If there are three concurrent vacancies on the Council there is no §604 If there are three concurrent vacancies on the Council the remaining member
specified procedure to appoint replacements or call a special election to
elect replacements
or members may appoint replacements or call a special election
73 §503 If a replacement Council member is elected in a general election at §604 If a replacement Council member is elected in a general election at which
which Council members are also elected for full terms there is no Council members are also elected for full terms the candidates with the most votes
specified procedure for determining who serves the full term and who the
partial term
serve full terms the one with the next highest number of votes serves partial term
74 §500 505 If the results of an election are not known within a week the §600 606 If the results of an election are not known within a week the start of the
mayor is nevertheless to be elected the Tuesday following the election terms of the new members and the election of the new mayor is deferred
75 §504 The Charter is not clear when the counting starts to determine if a §605 This section uses the same method as the Board of Education and specifies
member has missed 60 days of meetings and thus forfeited his office 60 consecutive days and begins counting on the day after the last meeting attended
by the member
76 §512 Requires the newspaper publication in full of all adopted ordinances §616 Either the ordinance or a summary thereof is to be published in a newspaper
77 §1800 1801 Other levels of government cannot require Culver City to take
specified actions unless they pay the cost thereof
78
79 K Gender Neutral Language K. Gender Neutral Language
80 §1201 employee shall revert from his or her former position as if he or she
§901 he shall revert from his former position as if he
81
82
83 L Language clean up [examples] L Language clean up (examples]
September 15 2005
Page 11 of 10884 §1305 Under the control and direction of the Chief Administrative Officer §1605 The City Council shall establish procedures for the purchasing stonng and
there shall be established a centralized purchasing system for all City distribution of all supplies matenals and equipment required by any City
departments and agencies The Chief Administrative Officer shall department The City Manager shall direct the implementation of such procedures
recommend and the City Council shall consider and adopt by ordinance
rules and regulations governing the contracting for purchasing stonng and
distribution of all supplies matenals and equipment required by any office
department or agency of the City government
for all City departments
85
§510 With the sole exception of ordinances which take effect upon §613 No ordinance shall be adopted by the City Council on the day of its
adoption hereinafter referred to no ordinance shall be adopted by the City introduction nor within five days thereafter nor at any time other than at a regular
Council on the day of its introduction nor within five days thereafter nor or adjourned regular meeting The foregoing shall not apply to urgency ordinances
at any time other than at a regular or adjourned regular meeting adopted in the manner provided in this Charter
86 §515 Violation of an ordinance of the City is a misdemeanor unless by §620 Unless a specific ordinance provides otherwise a violation of an ordinance
ordinance it is made an infraction and such violation may be prosecuted in of the City shall be a misdemeanor The City Council by ordinance may establish
the name of the people of the State of California or may be redressed by the penalty by fine or imprisonment, or both for misdemeanors and only by fine
civil action for infractions
The City Council by ordinance may fix the penalty by fine or Violations of City ordinances may be prosecuted in the name of the People of the
imprisonment or both for misdemeanors and by fine only for infractions State of California or may be redressed by the City through any legal or equitable
remedies
87 §304 All Contracts entered into by the City or for its benefit pnor to the §2007 All contracts entered into by the City or for its benefit, before the effective
taking effect of this Charter shall continue in full force and effect Public date of this Charter shall continue in full force and effect according to their terms
improvements for which proceedings have been instituted under laws The procedures for awarding contracts for public works existing at the time this
existing at the time this Charter takes effect, in the discretion of the City Charter takes effect, will continue to be followed until such time as the City
Council may be earned to completion as nearly as practicable in
accordance with the provisions of such existing laws or may be contained
or perfected hereunder
Council establishes by ordinance different required procedures
88 §300 The City of Culver City as successor in interest of the municipal §2001 The City shall continue to own possess and control all nghts and property
corporation of the same name heretofore created and existing shall own of every kind and nature owned possessed or controlled by it at the time this
possess control and in every way succeed to and become the owner of Charter takes effect and shall continue to be subject to all its debts obligations
nghts and of property of every kind and nature by said existing municipal
corporation owned possessed or controlled and shall be subject to all the
debts obligations liabilities and duties of said existing corporation
liabilities and contracts
September 15 2005
Page 12 of 10889
§302 Nothing in this Charter contained except as specifically provided §2006 The present employees of the City shall continue to perform their duties
shall affect or impair the civil service pension and retirement rights or without interruption subject to this Charter and all applicable provisions of any
pnvileges of officers or employees of the City or of any office department existing or future ordinance resolution rules or law relating to the removal duties
or agency thereof existing at the time this Charter takes effect or control of such employees
90
§200 The temtory of the City shall be that contained in the boundanes §400 The boundanes of the City shall be those boundanes existing as of the
established as of January 21 1947 and as changed since that date in the effective date of this Charter The boundanes may later be changed in the manner
manner provided by law authonzed by State law
The Clean Version of the Proposed Charter, Strike-Out Version of the Proposed Charter and Current
Charter follow
September 15 2005 Page 13 of 108CHARTER OF THE CITY OF CULVER CITY
Preamble
Article I Name and Charter Status
Section 100 Name and Charter Status
Article ll Definitions
Section 200 Definitions
Article III Form of Government
Section 300 Form of Government
Article IV Boundanes
Section 400 Boundaries
Article V Powers of the City
Section 500 Powers of the City
Article VI City Council
Section 600 Number Election and Term of Office
Section 601 Term Limits
Section 602 Eligibility
Section 603 Compensation
Section 604 Vacancy
Section 605 Forfeiture of Office
Section 606 Mayor and Vice Mayor
Section 607 Powers of the City Council
Section 608 City Council Meetings
Section 609 Special Meetings
Section 610 Notice of Public Meetings
Section 611 Public Participation
Section 612 Council Proceedings
Section 613 Adoption of Ordinances and Resolutions
Section 614 Urgency Ordinances
Section 615 Ordinances Enactments
Section 616 Ordinances Publication
Section 617 Ordinances Amendments
Section 618 Ordinances CodificationSection 619 Ordinances When Effective
Section 620 Ordinances Violation and Penalty
Section 621 Publishing of Legal Notices
Article VII City Administration
Section 700 Powers and Duties of City Manager
Section 701 Non Interference by City Council
Article VIII Annual Budget
Section 800 Budget Preparation
Section 801 Submission to City Council
Section 802 Public Hearing
Section 803 Further Consideration and Adoption
Section 804 Appropriations
Section 805 Amendments
Article IX City Attorney
Section 900 Eligibility
Section 901 Duties
Article X Board of Education
Section 1000 Number and Term
Section 1001 Eligibility
Section 1002 Vacancies
Section 1003 Forfeiture of Office
Section 1004 Organization of the Board of Education
Section 1005 Special Elections
Article XI Commissions Boards and Committees
Section 1100 In General
Section 1101 Appropriations
Section 1102 Chairperson and Vice Chairperson
Section 1103 Meetings
Section 1104 Oaths and Affirmations
Section 1105 Committees
Article XII Civil Service
Section 1200 Merit Principle
Section 1201 Classification
Section 1202 Appointments from Civil Service Positions
September 15 2005 Page 15 of 108Section 1203 Prohibitions
Article XIII Retirement System
Section 1300 Public Employees Retirement System
Article XIV General Provisions Relating to Officers and Employees
Section 1400 Official Bonds
Section 1401 Oath of Office
Section 1402 Financial Interest
Section 1403 Ethical Conduct
Section 1404 Improper Political Activity
Article XV Elections
Section 1500 General Municipal Elections
Section 1501 Special Municipal Elections
Section 1502 Elections Official
Section 1503 Procedure for Holding Elections
Section 1504 Initiative Referendum and Recall
Section 1505 Elections by Mail
Article XVI Financial and Fiscal Matters
Section 1600 Fiscal Year
Section 1601 Tax System
Section 1602 Tax Limits
Section 1603 Bonded Debt Limit
Section 1604 Contracts for Public Works
Section 1605 Purchasing of Supplies Materials and Equipment
Section 1606 Reserve Funds
Section 1607 Capital Funds
Section 1608 Claim Required for Actions Against City
Section 1609 Independent Audit Required
Article XVII Franchises
Section 1700 Franchises
Article XVIII Revenue Retention
Section 1800 Reductions Prohibited
Section 1801 Mandates Limited
September 15 2005 Page 16 of 108Article XIX Charter Review Committee
Section 1900 Charter Review Committee
Article )0( Succession and Transition
Section 2000 Effective Date of Charter
Section 2001 Rights and Liabilities
Section 2002 Existing Laws Regulations and Policies
Section 2003
Section 2004
Section 2005
Section 2006
Section 2007
Section 2008
Section 2009
Section 2010
Section 2011
Rights of Officers and Employees Preserved
Continuance of City Council and Board of Education
Existing Commissions Boards and Committees
Existing Employees of City
Existing Contracts and Contracting Procedures
Pending Actions and Proceedings
Continuance of City Treasurer
Continuance of City Clerk
Elimination of Transition Provisions
Article XXI Miscellaneous
Section 2100 Violations
Section 2101 Validity
PREAMBLE
The People of the City of Culver City by popular vote have enacted this
Charter to establish a responsive efficient effective and accountable government
through which all voices in our diverse community can be heard to ensure fair
representation and distribution of government resources to provide a safe and
harmonious environment for our mutual well being and to promote the principles of
liberty equality and home rule
ARTICLE! NAME AND CHARTER STATUS
SECTION 100 NAME AND CHARTER STATUS
The municipal corporation now existing and known as the City of Culver
City shall continue to exist under the same name as a charter city and a municipal
corporation organized and existing under the Constitution and laws of the State of
California
September 15 2005 Page 17 of 108ARTICLE II DEFINITIONS
SECTION 200 DEFINITIONS
As used in this Charter
(a) Board of Education shall mean and refer to the Board of Education
of the Culver City Unified School District
(b) City shall mean and refer to the City of Culver City
(c) Constitution shall mean and refer to the Constitution of the State of
California
(d) City Council shall mean and refer to the City Council of the City of
Culver City
(e) Council Member shall mean and refer to a member of the City
Council of the City of Culver City
(f) The term days shall mean calendar days
(g) Department Head shall mean and refer to a person appointed by
either the City Council or the City Manager to exercise management and control of
a City department
(h) The term officers shall mean and refer to the members of the City
Council and all persons appointed by the City Council to serve on a commission
board committee or other governmental body
(I)
School District shall mean and refer to the Culver City Unified School
District
(J)
State shall mean and refer to the State of California
ARTICLE III FORM OF GOVERNMENT
SECTION 300 FORM OF GOVERNMENT
The municipal government established by this Charter shall be the Council
Manager form of government under which the City Council sets policy and the City
Manager administers the government
September 15 2005 Page 18 of 108ARTICLE IV BOUNDARIES
SECTION 400 BOUNDARIES
The boundaries of the City shall be those boundaries existing as of the
effective date of this Charter The boundaries may later be changed in the manner
authorized by State law
ARTICLE V POWERS OF THE CITY
SECTION 500 POWERS OF THE CITY
The City shall have all of the rights powers and privileges which may be
granted to a charter city under the Constitution and laws of the State as fully and
completely as though they were specifically enumerated in this Charter
Without limiting the preceding provisions the City shall have the power to
make and enforce all laws and regulations with respect to municipal affairs subject
only to such restrictions and limitations as may be provided in this Charter and in
the Constitution
The enumeration in this Charter of any particular power shall not be held to
exclude other powers nor to be any limitation upon this general grant of power
ARTICLE W CITY COUNCIL
SECTION 600 NUMBER ELECTION AND TERM OF OFFICE
The City Council shall consist of five members elected at large at the times
and in the manner provided in this Charter A full term of office shall be four years
commencing at the meeting at which the election results are certified and
continuing until a successor is elected and certified Any ties in voting shall be
settled by the casting of lots
September 15 2005 Page 19 of 108SECTION 601 TERM LIMITS
No person shall serve more than two consecutive full terms as a Council
Member If a person serves a partial term in excess of two years it shall be
considered a full term for the purpose of this provision Nothing in this provision
shall act to bar service as a Council Member after at least two years have elapsed
from the Council Member s last full term
SECTION 602 ELIGIBILITY
Only residents of the City who are lawfully registered voters of the City shall
be eligible to hold an elective City office Candidates for election to any such office
must have been lawfully registered voters of the City for the 30 days immediately
preceding the filing of their nomination papers
SECTION 603 COMPENSATION
Council Members shall receive compensation for their services in
accordance with the provisions of State law
The City shall maintain records of the total annual compensation including
benefits received by individual Council Members in their capacities as elected
public officials of the City including all compensation received for services on the
Culver City Redevelopment Agency and any other boards or agencies Individual
Council Members shall provide information that the City requires in order to comply
with this section Such information shall be made available to the public in
accordance with State law
SECTION 604 VACANCY
The City Council by a vote of at least three of its members may appoint a
replacement to fill any vacancy on the City Council Such appointee shall hold
office until a successor is elected and certified If the vacancy occurs before the
first day to file nomination papers for the next general municipal election a Council
Member shall be elected at that election as the successor to any appointee or to fill
the vacancy if it has not previously been filled by appointment and such newly
elected Council Member shall serve the remainder of the unexpired terms and until
a successor is elected and certified
If a vacancy is not filled by appointment within 30 days after its occurrence
the City Council shall immediately call a special election to fill the vacancy The
special election shall be held not later than 120 days after the vacancy occurs
except that no special election shall be called to fill the vacancy if it cannot be held
September 15 2005 Page 20 of 108at least 180 days before the next general municipal election A person elected at a
special election shall hold office for the remainder of any unexpired term and until a
successor is elected and certified
If there is an election to fill one or more full terms and one or more unexpired
terms then the candidates who receive the highest number of votes shall serve the
full terms and of the candidates remaining those who receive the next highest
number of votes shall serve the unexpired terms
At any time when there are three or four vacancies on the City Council the
remaining Council Member or Members shall constitute a quorum for the purpose of
holding a meeting to consider taking action pursuant to this section and such action
may be taken by the unanimous vote of the remaining Member or Members
SECTION 605 FORFEITURE OF OFFICE
The grounds for forfeiture of the office of a Council Member are the following
(a) The Council Member is absent without the consent of the City Council
from all regular City Council meetings for a period of 60 consecutive days from and
after the last regular City Council meeting attended by such Council Member
(b) The Council Member is convicted of a felony or a crime involving moral
turpitude or
(c) The Council Member ceases to be a resident and lawfully registered
voter of the City
After the occurrence of any of the foregoing events the office of the Council
Member shall be declared vacant by the City Council by a vote of at least three of
its members At the request of the affected Council Member the City Council shall
hold a public hearing before declaring the office vacant
SECTION 606 MAYOR AND VICE MAYOR
At the same meeting and immediately following the certification of election
results for any general or special municipal election at which Council Members are
elected and at the second meeting in April in odd numbered years the City Council
shall elect one of its members as its presiding officer who shall have the title of
Mayor and one of its members as Vice Mayor Both shall serve at the pleasure of
the City Council
The Mayor shall have a voice and a vote in all City Council proceedings
shall be the official head of the City for all ceremonial purposes and shall perform
September 15 2005 Page 21 of 108such other duties as may be prescribed by this Charter or as may be imposed by
the City Council consistent with the office of Mayor The Vice Mayor shall perform
the duties of the Mayor during the absence or incapacity of the Mayor
A Council Member who has held the office of Mayor or Vice Mayor for one
year shall not be eligible for reelection to that same office until one year has
elapsed
SECTION 607 POWERS OF THE CITY COUNCIL
All powers of the City shall be vested in the City Council subject to the
provisions of this Charter and the Constitution The City Council shall have the
power to
(a) Appoint suspend remove and fix the compensation of the City Manager
Fire Chief Police Chief and City Attorney by a vote of at least three of its members
(b) Create modify or abolish any City department and to prescribe the
powers and duties of such departments and their Department Heads
(c) Review and certify the results of all City elections
(d) Control all legal business and proceedings including but not limited to
the authority to employ other attorneys to take charge of any litigation or other legal
matters or to assist the City Attorney in connection with any legal matter which
authority in whole or in part may be delegated to the City Attorney and
(e) Compel the attendance of witnesses examine them under oath and
compel the production of evidence before it The City Council may cause
subpoenas to be issued in the name of the City and be attested to by the City Clerk
Disobedience of such subpoenas or the refusal to testify upon other than
constitutional grounds shall constitute a misdemeanor Council Members and any
City staff members designated by the City Council shall have the power to
administer oaths in any investigation or proceeding before it
Additionally the City Council shall have all other powers consistent with this
Charter and the Constitution
September 15 2005 Page 22 of 108SECTION 608 CITY COUNCIL MEETINGS
The City Council shall hold regular meetings at least twice each month at
such times as it shall fix by ordinance or resolution and may adjourn any regular
meeting to a date certain which shall be specified in the order of adjournment and
when so adjourned each adjourned meeting shall be a regular meeting for all
purposes
The Council Chambers of City Hall shall be the primary place of all City
Council meetings
By a vote of at least three of its members the City Council may order a
regular meeting to be held not less than seven days after that date at a place within
the City other than the Council Chambers
The City Council may upon making a finding that the public interest requires
it order a meeting adjourned to another location within the City and to a time during
the same day on which the order is made
If for any reason it shall be unsafe to meet in the Council Chambers
meetings may be held for the duration of the unsafe condition at a place within the
City designated by the Mayor or by the City Council
Whenever an order is made to hold a meeting at a place other than the
Council Chambers the City Clerk shall immediately post a copy of the order at a
conspicuous location near the outside of the main entrance to the Council
Chambers The order shall remain posted until the meeting is held
SECTION 609 SPECIAL MEETINGS
A special meeting of the City Council may be called at any time by the
Mayor or by a majority of the Council Members
SECTION 610 NOTICE OF PUBLIC MEETINGS
The City Council shall comply with the applicable provisions of State law
regarding the giving of notice for regular and special meetings The City Council
shall consider whether it should establish additional procedures to provide efficient
timely and cost effective notice in a manner consistent with currently available
technology
September 15 2005 Page 23 of 108SECTION 611 PUBLIC PARTICIPATION
During any public meeting all persons shall have the right to address the
City Council and any City commission board or committee subject to reasonable
rules of decorum and time limits established by ordinance or the presiding officer
SECTION 612 COUNCIL PROCEEDINGS
Three members of the City Council shall constitute a quorum to do business
but 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 At the request of any Council Member or upon the adoption of any
ordinance or resolution or upon the adoption of any order for the payment of
money the City Clerk shall record the vote taken on the question and enter the
result in the minutes of the meeting
SECTION 613 ADOPTION OF ORDINANCES AND RESOLUTIONS
No ordinance shall be adopted by the City Council on the day of its
introduction nor within five days thereafter nor at any time other than at a regular
or adjourned regular meeting The foregoing shall not apply to urgency ordinances
adopted in the manner provided in this Charter A resolution adopted by the City
Council shall become effective in accordance with its terms
At the time of adoption of an ordinance it shall be read in full unless after
the reading of the tale the further reading thereof is waived by unanimous consent
of the Council Members present In the event that any ordinance is altered after its
introduction it shall be reintroduced and not finally adopted except at a regular or
adjourned regular meeting held not less than five days after the date upon which
such ordinance was so reintroduced The correction of typographical or clerical
errors shall not constitute the making of an alteration within the meaning of the
foregoing sentence
The votes of at least three members of the City Council shall be required for
the introduction or enactment of any ordinance or resolution or for the making or
approving of any order for the payment of money
No order for the payment of money shall be adopted or made at any time
other than at a regular or adjourned regular meeting
September 15 2005 Page 24 of 108SECTION 614 URGENCY ORDINANCES
Any ordinance declared by the City Council to be necessary as an urgency
measure for preserving the public peace health or safety and containing a
statement of the reasons for its urgency may be introduced and adopted at any
regular adjourned or special meeting if passed by a vote of at least four fifths of its
members
SECTION 615 ORDINANCES ENACTMENTS
In addition to all other acts of the City Council that are required by State law
or by this Charter to be enacted by ordinance every act of the City Council
establishing a fine or other penalty or granting a franchise shall be enacted by
ordinance
The enacting clause of all ordinances shall be substantially as follows The
City Council of the City of Culver City does ordain as follows
SECTION 616 ORDINANCES PUBLICATION
The City Clerk shall record the full text of all ordinances and resolutions
adopted by the City Council in a properly indexed book The City Clerk shall also
cause each ordinance or a summary of such ordinance to be published not later
than 15 days after its adoption in a newspaper circulated in the City and designated
by the City Council
SECTION 617 ORDINANCES AMENDMENTS
Any provision of an existing ordinance may be amended without reenactment
and republication of the entire original ordinance
SECTION 618 ORDINANCES CODIFICATION
The City Cquncil shall periodically provide for the preparation of a general
codification compilation consolidation revision indexing or arranging of all City
ordinances and resolutions then having the force and effect of law
The codification of City ordinances may be accomplished by reference to the
passage of previously adopted ordinances Such codifications need not be
published in the manner required for other ordinances but prior to adoption at least
September 15 2005 Page 25 of 108three copies of the Code shall be filed in the office of the City Clerk where they
shall be available for public inspection
Detailed regulations pertaining to any subject such as fire building
plumbing electrical and mechanical codes as well as codes on other subjects that
require extensive regulations may be adopted by reference and without the
necessity of publication in the manner provided above One copy of such codes
shall be filed in the office of the City Clerk prior to their adoption where they shall
be available for public inspection
Subsequent amendments to sections of the general codification of City
ordinances or the regulatory codes shall be enacted in the same manner required
by this Charter for the amendment of ordinances generally
SECTION 619 ORDINANCES WHEN EFFECTIVE
In order to allow the People to exercise their referendum power no
ordinance shall become effective until 30 days from and after the date of its
adoption except the following which shall take effect upon adoption
(a) An ordinance calling for or otherwise relating to an election
(b) An improvement proceeding ordinance adopted under some law or
procedural ordinance
(c) An ordinance declaring the amount of money necessary to be raised
by taxation or fixing the rate of taxation or
(d) An urgency ordinance adopted in the manner provided in this Charter
SECTION 620 ORDINANCES VIOLATION AND PENALTY
Unless a specific ordinance provides otherwise a violation of an ordinance of
the City shall be a misdemeanor The City Council by ordinance may establish the
penalty by fine or imprisonment or both for misdemeanors and only by fine for
infractions
Violations of City ordinances may be prosecuted in the name of the People of
the State of California or may be redressed by the City through any legal or
equitable remedies
September 15 2005 Page 26 of 108SECTION 621 PUBLISHING OF LEGAL NOTICES
The City Council shall designate one newspaper circulated in the City for the
publication of all notices and other matters required to be published in a newspaper
When possible a change to another newspaper shall not be made until a notice of
the intention to change is published in the previously designated newspaper
The charges for such publications in the designated newspaper shall not
exceed the rates charged to the general public for similar publications
All legal notices or other matters required to be published shall also be
posted in at least three public places within the City
Posting of legal notices in three public places shall be sufficient without
publication if the designated newspaper is unavailable and a suitable replacement
cannot be designated
ARTICLE WI CITY ADMINISTRATION
SECTION 700 POWERS AND DUTIES OF CITY MANAGER
The City Council shall appoint the City Manager who shall be the chief
executive officer of the City responsible to the City Council for the management of
all City affairs placed in the City Manager s charge by or under this Charter by
ordinance resolution or other action of the City Council The City Manager or his
or her designee shall
(a) Appoint suspend and remove all City employees including
Department Heads the City Clerk and the City Treasurer except as otherwise
provided by State law or this Charter
(b) Direct and supervise the administration of all City departments except
as otherwise provided by this Charter
(c) Attend all City Council meetings at which the City Manager shall have
the right to take part in discussion but shall not vote
(d) Prepare and submit to the City Council an annual budget pursuant to
this Charter and implement the final budget approved by the City Council and
(e) Perform such other duties as are specified in this Charter or by
ordinance resolution or other action of the City Council
September 15 2005 Page 27 of 108SECTION 701 NON INTERFERENCE BY CITY COUNCIL
Neither the City Council nor any Council Member shall
(a) Order or direct the City Manager to appoint or remove any person to
or from any position of employment with the City
(b) Except as otherwise permitted by this Charter or by ordinance order
or direct the City Manager to enter into a municipal contract or make a purchase of
supplies from any particular person or entity
(c) Interfere in any way with the performance of the duties of any City
employee or
(d) Interfere in any way with the duties of the City s elections official in the
conduct of elections
Nothing in this section shall prevent the City Council or any of its members
from advising the City Manager of any information which might assist the City
Manager in the discharge of the City Manager s duties or contacting City
employees for the purpose of inquiry obtaining information or advising employees
of citizen complaints
ARTICLE VIII ANNUAL BUDGET
SECTION 800 BUDGET PREPARATION
All Department Heads shall upon request provide the City Manager with
estimates of revenues and expenditures for their departments detailed in the
manner prescribed by the City Manager The City Manager shall review the
estimates hold conferences with department personnel and prepare a proposed
budget
SECTION 801 SUBMISSION TO CITY COUNCIL
At least 45 days prior to the beginning of each fiscal year the City Manager
shall submit a proposed budget to the City Council After reviewing the proposed
budget the City Council shall set the date and time for a public hearing on the
proposed budget and at least 10 days prior to its scheduled date shall cause
notice of such public hearing to be published in a newspaper circulated in the City
and designated by the City Council
September 15 2005 Page 28 of 108Copies of the proposed budget shall be available for public inspection in the
office of the City Clerk at least 10 days prior to the public hearing
SECTION 802 PUBLIC HEARING
The City Council shall hold a public hearing on the proposed budget at the
time so advertised or at any time to which the public hearing shall be adjourned
from time to time where interested persons shall be given an opportunity to be
heard
SECTION 803 FURTHER CONSIDERATION AND ADOPTION
At the conclusion of the public hearing the City Council shall further consider
the proposed budget make any revisions that it may deem advisable and on or
before June 30 th adopt the budget by a vote of at least three of its members Upon
adoption the budget shall be in effect for the ensuing fiscal year A copy of the
budget certified by the City Clerk shall be filed with the City Manager An
additional copy shall remain on file in the office of the City Clerk where it shall be
available for public inspection Copies of the adopted budget shall be made
available for the use of City departments
SECTION 804 APPROPRIATIONS
After adoption of the budget the amounts allocated in the budget as
proposed expenditures shall be appropriated to the specified City departments for
the objects and purposes named in the budget All appropriations shall lapse at the
end of the fiscal year to the extent that they shall not have been expended or
lawfully encumbered
SECTION 805 AMENDMENTS
After the adoption of the budget the City Council may amend or supplement
the budget only by a vote of at least four fifths of its members
ARTICLE IX CITY ATTORNEY
SECTION 900 ELIGIBILITY
The City Attorney shall be an attorney at law licensed and authorized to
practice in all of the courts of the State
September 15 2005 Page 29 of 108SECTION 901 DUTIES
The City Attorney or his or her designee shall
(a) Serve as the chief legal adviser to the City Council City Manager and
all City departments in all matters pertaining to the business of the City
(b) Represent and appear for the City in all legal actions in which the City
is concerned or is a party In the course of performing such duties the City
Attorney shall have the authority to employ other attorneys to handle litigation or
provide other assistance as required by the City Attorney subject to the provisions
of this Charter
(c) Attend all meetings of the City Council unless excused
(d) Prepare or approve the language of all City ordinances resolutions
and of any amendments to such ordinances or resolutions and approve the form of
City contracts and bonds
(e) Prosecute on behalf of the People criminal cases for violations of this
Charter of City ordinances or of State laws which in the opinion of the City Attorney
warrant prosecution and
(f) Perform such other duties as are specified in this Charter or by
ordinance resolution or other action of the City Council
ARTICLE X BOARD OF EDUCATION
SECTION 1000 NUMBER AND TERM
The Board of Education shall consist of five members elected at large from
the School District for a term of four years
SECTION 1001 ELIGIBILITY
Only residents of the School District who are lawfully registered voters of the
School District shall be eligible to hold office as a member of the Board of
Education Candidates for election to such office must have been lawfully
registered voters of the School District for the (30) days immediately preceding the
filing of their nomination papers
September 15 2005 Page 30 of 108SECTION 1002 VACANCIES
The Board of Education shall fill any vacancy by appointment Such
appointee shall hold office until a successor is elected and certified If the vacancy
occurs before the first day to file nomination papers for the next regular Board of
Education election a Board Member shall be elected at that election as successor
to any appointee or to fill the vacancy if it has not been previously filled before
appointment and such newly elected Board Member shall serve for the remainder
of any unexpired term and until a successor is elected and certified
If a vacancy is not filled by appointment within 60 days after its occurrence
the Board of Education shall immediately call a special election The special
election shall be held not later than 120 days after the vacancy occurs except that
no special election shall be called to fill the vacancy if it cannot be held at least 180
days before the next regular Board of Education election A person elected at a
special election shall hold office for the remainder of the unexpired term and until a
successor is elected and certified
If there is an election to fill one or more full terms and one or more unexpired
terms then the candidates who receive the highest number of votes shall serve the
full terms and of the candidates remaining those who receive the next highest
number of votes shall serve the unexpired terms
SECTION 1003 FORFEITURE OF OFFICE
The grounds for forfeiture of the office of a member of the Board of Education
are the following
(a) The Board Member is absent without the consent of the Board of
Education from all regular Board meetings for a period of 60 consecutive days from
and after the last regular Board meeting attended by such Board Member
(b) The Board Member is convicted of a felony or a crime involving moral
turpitude or
(c) The Board Member ceases to be a resident and lawfully registered
voter of the School District
After the occurrence of any of the foregoing events the office of the Board
Member shall be declared vacant by the Board of Education by a vote of at least
three of its members At the request of the affected Board Member the Board of
Education shall hold a public hearing before declaring the office vacant
September 15 2005 Page 31 of 108SECTION 1004 ORGANIZATION OF THE BOARD OF EDUCATION
At the annual organizational meeting of the Board of Education the members
shall elect a president vice president and clerk No Board Member shall serve
more than two consecutive years in such office
SECTION 1005 SPECIAL ELECTIONS
The Board of Education may at its discretion call an election for any reason
sanctioned by law at any time it deems appropriate
ARTICLE XI COMMISSIONS BOARDS AND COMMITTEES
SECTION 1100 IN GENERAL
The City Council may by ordinance establish and abolish such commissions
and boards as it may determine from time to time to be necessary for the effective
and efficient governance of the City and to encourage citizen participation in local
government including a commission charged with the responsibility of maintaining
positive human relations in the community
SECTION 1101 APPROPRIATIONS
The City Council shall appropriate sufficient funds for the efficient and proper
functioning of all City commissions and boards
SECTION 1102 CHAIRPERSON AND VICE CHAIRPERSON
As soon as practicable following the first day of July of every year each
commission or board of the City shall organize by electmg one of its members to
serve as its presiding officer with the title of Chairperson and electing one of its
members as Vice Chairperson The Chairperson and Vice Chairperson shall each
serve at the pleasure of the commission or board
The Chairperson shall have a voice and vote in all proceedings of the
commission or board shall be the official head of the commission or board for all
ceremonial purposes and shall perform such other duties as may be prescribed by
this Charter or by ordinance The Vice Chairperson shall perform the duties of the
Chairperson during the absence or incapacity of the Chairperson
September 15 2005 Page 32 of 108SECTION 1103 MEETINGS
The City Manager shall designate City staff as necessary to assist each
commission or board and to keep a record of its proceedings and transactions
Each commission or board may prescribe its own rules and regulations which shall
be consistent with this Charter and applicable ordinances resolutions and other City
Council actions Such rules and regulations shall be subject to the approval of the
City Council and shall be kept on file in the office of the City Clerk where they shall
be available for public inspection
SECTION 1104 OATHS AND AFFIRMATIONS
Any commission or board and the designated City staff shall have the
power to administer oaths and affirmations in any investigation or proceeding
pending before the commission or board
SECTION 1105 COMMITTEES
The City Council by ordinance resolution or other action may establish and
abolish committees for a specified purpose and shall appropriate sufficient funds
for the efficient and proper functioning of such committees
ARTICLE XII CIVIL SERVICE
SECTION 1200 MERIT PRINCIPLE
Appointments and promotions in the administrative service of the City shall
be made according to merit and fitness to be ascertained so far as practicable by
competitive examination
The Civil Service System adopted by the City Council pursuant to State law
and in effect prior to the effective date of this Charter shall continue in full force and
effect unless changed by ordinance of the City Council or by amendment to the
rules and regulations approved by the City Council As provided in the State
enabling act referred to above the City Council shall not have the authority to
withdraw any departments or employees including Department Heads placed in
Classified Service from the operation of such system either by outright repeal of
the Civil Service ordinance or otherwise unless and until its withdrawal shall have
been submitted to the voters of the City at a regular or special municipal election
held in the City and shall have been approved by majority vote at a City election
September 15 2005 Page 33 of 108SECTION 1201 CLASSIFICATION
All Department Heads shall be in the Unclassified Service
The City Manager City Attorney City Clerk and City Treasurer shall be in the
Unclassified Service
SECTION 1202 APPOINTMENTS FROM CIVIL SERVICE POSITIONS
In the event an employee of the City holding a position in the Classified
Service is appointed to a position in the Unclassified Service and within two years
is removed or resigns from that position the employee shall revert to his or her
former position in the Classified Service upon the same terms and conditions as if
he or she had continuously remained in that position
SECTION 1203 PROHIBITIONS
No person shall willfully make any false statements certificate mark rating
or report in regard to any application test certification or appointment held or made
under the Civil Service System or in any manner commit or attempt any fraud
preventing the impartial execution of such Civil Service System or its rules and
regulations
ARTICLE XIII RETIREMENT SYSTEM
SECTION 1300 PUBLIC EMPLOYEES RETIREMENT SYSTEM
Plenary authority and power are hereby vested in the City its City Council
and its several officers agents and employees to do and perform any act or
exercise any authority granted permitted or required under the provisions of the
Public Employees Retirements Law as it now exists or hereafter may be amended
to enable the City to continue as a contracting City under the Public Employees
Retirement System The City Council may terminate the contract with the Board of
Administration of the Public Employees Retirement System whereby all employees
are members of the System only under authority granted by ordinance adopted by
majority vote at a City election
September 15 2005 Page 34 of 108ARTICLE XIV GENERAL PROVISIONS RELATING TO OFFICERS AND
EMPLOYEES
SECTION 1400 OFFICIAL BONDS
The City Council shall fix the amounts and terms of the official bonds of all
employees who are required to give such bonds All bonds shall be executed by a
responsible corporate surety shall be approved as to form by the City Attorney and
shall be filed with the City Clerk Premiums on official bonds shall be paid by the
City
SECTION 1401 OATH OF OFFICE
Before entering upon the duties of their respective offices all officers and
employees of the City shall take and subscribe to the following oath or affirmation
I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies foreign and domestic that I will bear true faith and allegiance to
the Constitution of the United States and the Constitution of the State of California
that I take this obligation freely without any mental reservation or purpose of
evasion and that I will well and faithfully discharge the duties upon which I am
about to enter
SECTION 1402 FINANCIAL INTEREST
Except as provided by State law officers and employees of the City shall not
be financially interested in any contract made by them in their official capacity or by
any body or board of which they are members
Officers and employees of the City shall not be purchasers at any sale or
vendors at any purchase made by them in their official capacity
The office and employment of an officer or employee shall be forfeited upon
a judicial finding of a violation of this section
SECTION 1403 ETHICAL CONDUCT
It is the policy of the City that all officers and employees of the City shall
observe the highest standards of ethics City officers and employees shall comply
with all federal State and City statutes laws ordinances rules regulations and
policies relating to conflicts of interest campaign disclosure and ethical conduct
September 15 2005 Page 35 of 108including but not limited to those relating to decision making where the official has
a private financial interest acceptance of gifts and other items of value acceptance
of campaign contributions use of confidential information and use of public
property and resources The City Council shall adopt such ordinances and
resolutions as it deems necessary to promote ethical conduct in government
SECTION 1404 IMPROPER POLITICAL ACTIVITY
The officers and employees of the City shall not engage in nor shall the
facilities of the City be used for improper political activities The City Council shall
have the authority to establish rules and regulations to implement this policy
ARTICLE XV ELECTIONS
SECTION 1500 GENERAL MUNICIPAL ELECTIONS
General municipal elections for the filling of all elective offices other than the
Board of Education shall be held in the City on the second Tuesday in April in each
even numbered year
The election of members of the Board of Education shall be held in
accordance with State law Expenses for Board of Education elections shall be paid
by the School District
SECTION 1501 SPECIAL MUNICIPAL ELECTIONS
The City Council may at its discretion call an election for any reason
sanctioned by law at any time it deems necessary Such election shall be known as
a special municipal election
SECTION 1502 ELECTIONS OFFICIAL
The City Clerk shall be the City s elections official and as such shall
supervise the conduct of City elections and shall perform all other duties assigned
by State law to the City s elections official In all such matters the City Clerk shall
act in a fair and impartial manner in accordance with all applicable provisions of this
Charter State law and City ordinances Neither the City Council nor individual
Council Members shall interfere with the City Clerk in the performance of the duties
assigned by this section
September 15 2005 Page 36 of 108SECTION 1503 PROCEDURE FOR HOLDING ELECTIONS
Unless otherwise provided by this Charter all City elections shall be held in
accordance with applicable provisions of the then current State law
SECTION 1504 INITIATIVE, REFERENDUM AND RECALL
The rights of the initiative referendum and recall are reserved to the voters of
the City All applicable provisions of the then current State law governing the
initiative referendum and recall processes shall apply insofar as such provisions
are not in conflict with this Charter
SECTION 1505 ELECTIONS BY MAIL
The City Council may by ordinance authorize the conduct of elections
wholly by mail under which all votes shall be cast in the manner of absentee
ballots
ARTICLE XVI FINANCIAL AND FISCAL MATTERS
SECTION 1600 FISCAL YEAR
The fiscal year of the City government shall begin on the first day of July of
each year and end on the thirtieth day of June of the following year
SECTION 1601 TAX SYSTEM
Unless otherwise provided by ordinance the City shall continue to use for
the purpose of ad valorem municipal taxation the County system of assessment
and tax collection as such system is now in effect or may hereafter be amended
and insofar as such provisions are not in conflict with this Charter
If the City Council fails to fix the rate and levy taxes on or before August 31st
in any year the rate for the next preceding fiscal year shall thereupon be
automatically adopted and a tax at such rate shall be deemed to have been levied
on all taxable property in the City for the current fiscal year
September 15 2005 Page 37 of 108SECTION 1602 TAX LIMITS
Exclusive of special levies permitted by this Charter the City Council shall
not levy a property tax in excess of one percent of the assessed value of taxable
property in the City for municipal purposes unless authorized by a two thirds vote at
a City election
There shall be levied and collected at the time and in the same manner as
other property taxes for municipal purposes are levied and collected as additional
taxes if no other provision for payment thereof is made
(a) A tax sufficient to meet all liabilities of the City for principal and interest
of all bonds or judgments due and unpaid or to become due during the ensuing
fiscal year and
(b) A tax sufficient to meet all obligations of the City to the Public
Employees Retirement System or other system for the retirement of City
employees due and unpaid or to become due during the ensuing fiscal year
Special levies in addition to the above may be made annually based on
City Council approved estimates for the following specific purposes parks
recreation refuse disposal city planning libraries advertising and promotion The
proceeds of any such special levy shall be used for no other purpose than that
specified
SECTION 1603 BONDED DEBT LIMIT
The bonded indebtedness of the City may not exceed the sum of 15 percent
of the total assessed valuation of all the real and personal property within the City
SECTION 1604 CONTRACTS FOR PUBLIC WORKS
The City Council shall from time to time establish by ordinance procedures
to ensure the integrity of awarding all contracts for the construction or improvement
of public works buildings streets drains sewers utilities parks and playgrounds
Subject to such exceptions as the City Council may establish these procedures
shall call for soliciting multiple bids for all contracts The procedures shall be
reviewed periodically by the City Council at a public hearing
The City Council may award a contract without complying with the
procedures then in place by a vote of at least four fifths of its members after a public
hearing
September 15 2005 Page 38 of 108This Charter has been enacted for the collective benefit of the People of the
City of Culver City and is not intended to confer legal rights or remedies upon
individual persons or entities that elect to do business with the City In furtherance
of this intention it is specifically declared that no contractor person or entity shall
be entitled to bring any legal or equitable action against the City alleging that the
City failed to perform as obligations under this section or under any ordinance
enacted to establish the procedures for awarding public works contracts Nothing in
this paragraph shall prohibit or restrict the City from adopting ordinances or entering
into contracts that grant legally enforceable rights to one or more contractors
persons or entities
SECTION 1605 PURCHASING OF SUPPLIES MATERIALS AND EQUIPMENT
The City Council shall establish procedures for the purchasing storing and
distribution of all supplies materials and equipment required by any City
department The City Manager shall direct the implementation of such procedures
for all City departments
SECTION 1606 RESERVE FUNDS
The City Council shall maintain sufficient cash reserves for the purpose of
placing the payment of operating expenses of the City on a cash basis The
reserves shall be built from any available sources and in combination with
anticipated revenues shall be sufficient to meet all lawful demands against the City
Transfers may be authorized by the City Council from one fund to another fund or
funds in such amounts as may be required to place those funds as nearly as
possible on a cash basis In case of such transfers monies shall be returned to the
fund from which they were transferred as they become available
SECTION 1607 CAPITAL FUNDS
The funds for capital improvements previously created are hereby
continued in existence The City Council by ordinance may create a special fund or
funds for a special capital improvement purpose Subject to the restrictions of the
Constitution the City Council may levy and collect taxes for capital improvements
and may include in the annual tax levy a levy for such purposes in which event it
must apportion and appropriate to any such fund or funds the money derived from
such levy It may not in making such levy exceed the maximum tax rate provided
for in this Charter unless authorized by majority vote at a City election The City
Council may transfer to any such fund any unencumbered surplus funds remaining
on hand in the City at any time
September 15 2005 Page 39 of 108Once established such fund shall be restricted to only the purposes for
which it was created unless the assent of the voters is expressed to the use of such
fund for some other purpose by majority vote at a City election
SECTION 1608 CLAIM REQUIRED FOR ACTIONS AGAINST CITY
No suit may be brought on any claim for money or damages against the City
the City Council or any City commission board committee officer or employee
until a claim has been presented and rejected in whole or in part in accordance with
procedures adopted by the City Council for the regulations of claims subject to the
provisions of State law
SECTION 1609 INDEPENDENT AUDIT REQUIRED
At the beginning of each fiscal year the City Council shall employ an
independent certified public accountant or firm of such accountants who at such
time or times as may be specified by the City Council shall examine the books
records inventories and reports of the City and of all officers and employees of the
City who receive handle or disburse public funds and of all such other City officers
employees and departments as the City Council may direct As soon as practicable
after the end of the fiscal year a final audit and report shall be submitted by such
accountant or firm to the City Copies of such audit and report shall be provided to
each Council Member and copies shall be placed on file in the office of the City
Clerk and made available for inspection by the general public Such accountant or
firm shall have no direct or indirect personal interest in the fiscal affairs of the City or
of any of the officers of the City
ARTICLE XVII FRANCHISES
SECTION 1700 FRANCHISES
The City Council may by ordinance grant a franchise to furnish the City and
its inhabitants with any public utility or service and to use the public streets for that
purpose The exercise by any person firm or corporation of any privilege for which
a franchise is required without procuring such franchise from the City is prohibited
Before granting any franchise the City Council shall adopt a resolution
declaring its intention to grant the same stating the name of the proposed grantee
the character of the franchise and the terms and conditions upon which it is
proposed to be granted Such resolution shall set forth the time and place at which
any person may appear before the City Council and be heard The City Council
shall direct the City Clerk to publish the resolution at least once within 15 days of its
September 15 2005 Page 40 of 108passage in a newspaper circulated in the City and designated by the City Council
The date and time fixed for the public hearing shall be not less than 20 nor more
than 60 days after the adoption of the resolution
At the hearing the City Council shall consider all protests and comments
Thereafter the City Council may amend grant or deny the franchise Such decision
shall be final and conclusive subject to the right of referendum of the People
ARTICLE XVIII REVENUE RETENTION
SECTION 1800 REDUCTIONS PROHIBITED
With regard to municipal affairs and areas not preempted by the State any
revenues raised and collected by the City shall not be subject to subtraction
retention attachment withdrawal or any other form of involuntary reduction by any
other level of government
SECTION 1801 MANDATES LIMITED
No other level of government shall have the right to require any person acting
on behalf of the City to perform any function unless and until the mandating
authority provides sufficient funds for the performance of such function The City
Council may instruct any department commission board committee officer or
employee of the City to disregard any mandate for which adequate funding has not
been provided
ARTICLE XIX CHARTER REVIEW COMMITTEE
SECTION 1900 CHARTER REVIEW COMMITTEE
Beginning in January 2014 and in January every 10 years thereafter the
City Council shall hold a public hearing to consider the need for a comprehensive
review of the existing Charter and shall determine whether or not to appoint a
Committee to consider and propose amendments to the existing Charter Within 12
months after its creation or such other time period as may be specified by the City
Council the Committee shall present to the City Council any proposed amendments
to the Charter The City Council shall act upon the recommendations of the
Committee before the last day to place the proposed amendments on the ballot at
the next regular municipal election The City Council may at its discretion appoint
a Charter Review Committee at any time
September 15 2005 Page 41 of 108ARTICLE XX SUCCESSION AND TRANSITION
SECTION 2000 EFFECTIVE DATE OF CHARTER
This Charter shall be effective on the later of July 1 2006 or the date it is
accepted and filed by the Secretary of State
SECTION 2001 RIGHTS AND LIABILITIES
The City shall continue to own possess and control all rights and property of
every kind and nature owned possessed or controlled by it at the time this Charter
takes effect and shall continue to be subject to all its debts obligations liabilities
and contracts
SECTION 2002 EXISTING LAWS REGULATIONS AND POLICIES
All lawful ordinances resolutions policies rules and regulations in force at
the time this Charter takes effect and that are not in conflict or inconsistent with this
Charter are hereby continued in force until they have been duly repealed
amended changed or superseded by proper authority
SECTION 2003 RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED
Except as specifically provided nothing in this Charter shall affect or impair
the civil service pension and retirement rights or privileges of officers or employees
of the City or of any City department existing at the time this Charter takes effect
SECTION 2004 CONTINUANCE OF CITY COUNCIL AND BOARD OF
EDUCATION
The members of the City Council and of the Board of Education of the Culver
City Unified School District in office at the time this Charter takes effect shall
continue in office until the expiration of their respective terms and until their
successors are elected and certified
September 15 2005 Page 42 of 108SECTION 2005 EXISTING COMMISSIONS BOARDS AND COMMITTEES
Commissions boards and committees previously established by the City
Council shall continue to exist and exercise the powers and perform the duties
conferred upon them provided however that the City Council may abolish any or
all of said commissions boards or committees and may alter their structure
membership and duties
The members of the commissions and boards holding office when this
Charter takes effect shall continue to hold office until their respective terms of office
shall expire and until their successors shall be appointed or until such time as the
body is abolished by action of the City Council
The members of Committees existing when this Charter takes effect shall
continue to remain members until they are replaced or removed by the City Council
or until the Committee is abolished
SECTION 2006 EXISTING EMPLOYEES OF THE CITY
The present employees of the City shall continue to perform their duties
without interruption subject to this Charter and all applicable provisions of any
existing or future ordinance resolution rule or law relating to the removal duties or
control of such employees
SECTION 2007 EXISTING CONTRACTS AND CONTRACTING PROCEDURES
All contracts entered into by the City or for its benefit before the effective
date of this Charter shall continue in full force and effect according to their terms
The procedures for awarding contracts for public works existing at the time
this Charter takes effect will continue to be followed until such time as the City
Council establishes by ordinance different required procedures
SECTION 2008 PENDING ACTIONS AND PROCEEDINGS
No civil or criminal action or proceeding that has been brought by or against
the City or any City department and that is pending as of the effective date of this
Charter shall be affected or abated by the adoption of this Charter All such actions
or proceedings may be continued even if the functions powers or duties of any City
department that is a party to such action or proceeding have been assigned or
transferred under this Charter to another City department In that event such
actions may be prosecuted or defended by the head of the City department to which
September 15 2005 Page 43 of 108such functions powers and duties have been assigned or transferred under this
Charter
SECTION 2009 CONTINUANCE OF CITY TREASURER
The previously elected City Treasurer shall continue to serve until April 8
2008 Prior to such date the elected City Treasurer shall exercise all of the duties
and functions assigned to the City Treasurer by the Charter in effect immediately
prior to the adoption of this Charter including the supervision and direction of the
City s investment function Should the office of City Treasurer become vacant prior
to April 8 2008 the City Council shall appoint a replacement to serve until April 8
2008
SECTION 2010 CONTINUANCE OF CITY CLERK
The person elected to the office of City Clerk at the April 11 2006 general
municipal election shall serve until April 8 2008 Prior to such date the elected City
Clerk shall exercise all of the duties and functions assigned to the City Clerk by the
Charter in effect immediately prior to the adoption of this Charter Should the office
of City Clerk become vacant prior to April 8 2008 the City Council shall appoint a
replacement to serve until April 8 2008
SECTION 2011 ELIMINATION OF TRANSITION PROVISIONS
If in the judgment of the City Attorney any of the sections included in this
Article become obsolete by virtue of the completion of all acts required under those
sections the City Attorney shall so advise the City Council Upon the adoption by
the City Council of a resolution to such effect the obsolete sections shall be
deemed to have expired and the City Clerk shall then remove those sections from
the next printing of this Charter
ARTICLE XXI MISCELLANEOUS
SECTION 2100 VIOLATIONS
A violation of any provision of this Charter shall be a misdemeanor except
that such violation may be prosecuted as an infraction at the discretion of the
prosecuting authority The City Council shall by ordinance establish the penalties
for a violation of this Charter but in no event shall such penalties exceed the
maximum penalties permitted under State law
September 15 2005 Page 44 of 108Any violation of this Charter may be prosecuted in the name of the People of
the State of California or may be redressed by the City through any legal or
equitable remedies
SECTION 2101 VALIDITY
If any provision of this Charter or the application of any Charter provision to
any person or circumstance is held invalid the remainder of this Charter and the
application of such provision to other persons or circumstances shall not be
affected
September 15 2005 Page 45 of 108( Formatted
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Section 600
Section 601
Section 602
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,Section 604
Section 605
Section 606
Section 607
Section 608
Section 609
,Number, Election and Term of Office
,Term Limits
liqibility
,Compensation
Vacancy
Forfeiture of Office
Mayor and Vice Mayor
Powers of the City Council
City Council Meetings
Special Meetings |109| 131
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CHARTER OF THE CITY OF CULVER CITY
Preamble,
Article! Name and Charter Status
,Section:100 Name and Charter Status
Article 11 pehnitions
„section goo pefinitions
Article III form of Government
i Section 4300 form of Government
Article IV ,Boundanes
4Section 400 poundanes
Article V .Powers of the City
Section 500 rowers of
the City
Article VI _City Council
September 15 2005 Page 46 of 108|109| 1121
[141 Section 610
Section 611
Section 612
Section 613
Section 614
Section 615
Section 616
Section 617
Section 618
Section 619
Notice of Public Meetings
Public Participation
Council Proceedings
Adoption of Ordinances and Resolutions
Urgency Ordinances
Ordinances Enactments
Ordinances Publication
Ordinances Amendments
Ordinances Codification
Ordinances When Effective
Section 620 Ordinances Violation and Penalty
Section 621 Publishing of Legal Notices
Article VII City Administration
Section 700 Powers and Duties of City Manager
Section 701 Non Interference by City Council
Article VIII Annual Budget
Section 800 Budget Preparation
Section 801 Submission to City Council
Section 802 Public Heannq
Section 803 Further Consideration and Adoption
Section 804 Appropriations
Section 805 Amendments
Article IX City Attorney
Section 900 Eligibility
Section 901 Duties
Article Board of Education
iSection 1000 Number and Term
iSection 1001 gligibility
,Section 1002 Vacancies
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„Section 1004 ,Organization of the Board of Education
Section 1005 Special Elections
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[:181
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Article Commissions Boards and Committees
,Section 1100 In General
,Section 1101 Appropriations
„Section 1102 Chair erson and Vice Chair.erson
„Section 1103 ,Meetinqs
,Section 1104 ,Oaths and Affirmations
„Section 1105 Committees
Article...XI! Civil Service
vgestion1209 Merit Principle
„Section 1201 ,Classification
„Section 1202 Appointments from Civil Service Positions
,Section 1203 ,Prohibitions
Article XM Retirement System
„Section 1300 Public Employees Retirement System
Article XIV General Provisions Relating to Officers and Employees
„Section 1400 Official Bonds
i Section 1401 Oath of Office
,Section 1402 financial Interest
Section 1403 Ethical Conduct
Section 1404 Improper Political Activity
Article V Elections
,Section 1500 General Municipal Elections
„Section 1501 Special Municipal Elections
,Section 1502 „Elections Official
i Section 1503 ,Procedure for Holding Elections
Section 1504 Initiative, Referendum and Recall
Section 1505 Elections by Mail
Article,XVI Financial and Fiscal Matters
„Section 1600 Fiscal Year
„Section 1601 Tax System
„Section 1602 Tax Limits
„Section 1603 Bonded Debt Limit
„Section 1604 Contracts for Public Works
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1401 Exercising Rights Without
Franchise
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The People of the City of Culver City, by popular vote, have enacted this
Charter to establish a responsive, efficient, effective and accountable government
through which all voices in our diverse community can be heard, to ensure fair
Section 1605 Purchasin • of Sulies Materials and E•ui•ment
Section 1606 Reserve Funds
Section 1607 Capital Funds
„Section 1608 „Claim Required for Actions Against City
Section 1609 ,Independent Audit Required
Article,X VII Franchises
Section 1700 franchises
Article XVIII Revenue Retention
Section 1800 Reductions Prohibited
Section 1801 Mandates Limited
Article XIX Charter Review Committee
Section 1900 Charter Review Committee
Article XX Succession and Transition
Section 2000 Effective Date of Charter
Section 2001 Rights and Liabilities
Section 2002 Existing Laws, Regulations and Policies
Section 2003 Rights of Officers and Employees Preserved
Section 2004 Continuance of City Council and Board of Education
Section 2005 Existing Commissions, Boards and Committees
Section 2006 Existing Employees of City
Section 2007 Existing Contracts and Contracting Procedures
Section 2008 Pending Actions and Proceedings
Section 2009 Continuance of City Treasurer
Section 2010 Continuance of City Clerk
Section 2011 Elimination of Transition Provisions
Article,XXI Miscellaneous
Section 2100 Violations
Section 2101 ,Validity
PREAMBLE
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1309
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1310 Actions Against City Claim
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1313 Budget Submission to City
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September 15 2005
Page 49 of 108I - Deleted remain and and continue to
L
exist a body politic and corporate as
at present in fact and in law
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representation and distribution of government resources, to provide a safe and
harmonious environment for our mutual well being, and to promote the principles of
liberty, equality and home rule
ARTICLE I NAME AND CHARTER STATUS,
SECTION 100 NAME AND CHARTER STATUS
The municipal corporation now existing and known as the City of Culver
City shall continue to exist, under the same name, as a charter city and a municipal
corporation organized and existing under the Constitution and laws of the State of
California,
ARTICLE II DEFINITIONS
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C Deleted OF CITY
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SECTION 200 DEFINITIONS
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IJ
As used in this Charter
(a) Board of Education shall mean and refer to the Board of Education
of the Culver City Unified School District
(b) City shall mean and refer to the City of Culver City
(c) Constitution shall mean and refer to the Constitution of the State of
California
(d) City Council shall mean and refer to the City Council of the City of
Culver City
(e) Council Member shall mean and refer to a member of the City
Council of the City of Culver City
(f) The term days shall mean calendar days
,(9)_ Department Head shall mean and refer to kperson apQointed by
either the City Council or the City Manager to exercise management and control of
a City department
(h) The term officers shall mean and refer to the members of the City
Council and all persons appointed by the City Council to serve on a commission,
board, committee or other bovernmental body
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September 15 2005 Page 50 of 108
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(i) School District shall mean and refer to the Culver City Unified School
District
(1) State shall mean and refer to the State of California
ARTICLE III FORM OF GOVERNMENT
SECTION 300 FORM OF GOVERNMENT
The municipal government established by this Charter shall be the Council
Manager form of government, under which the City Council sets policy and the City
Manager administers the government
ARTICLE& BOUNDARIES
SECTIONAN BOUNDARIES
;The boundaries of the City shall be those boundaries existing as of the
effective date of this Charter The boundaries may later be changed in the manner
authorized by State law
ARTICLE V POWERS OF THE CITY
SECTION, 500 POWERS OF THE CITY
The City shall have all of the rights, powers and pnvilecies 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 limitin the •recedin. • rovisions he City shall have the power to
make and enforce all laws and regulations with respect to municipal affairs subject
only to such restrictions and limitations as may be provided in this Charter and in
the ,Constitution
The enumeration in this Charter of any particular power shall not be held to
exclude other powers nor to be any limitation upon this general grant of power
ARTICLE VI ,CITY COUNCIL
September 15 2005 Page 51 of 108
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The territory of the City shall be that
contained in the boundanes
established as of January 21 1947
and as changed since that date in the
manner provided by law
• _
Deleted $
(Deleted $
Deleted ARTICLE III
SUCCESSIONI
SECTION 300 RIGHTS AND
LIABILITIES if
The City of Culver City as successor
in interest of the municipal
corporation of the same name
heretofore created and existing shall
own possess control and in every
way succeed to and become the
owner of nghts and of property of
every kind and nature by said existing
municipal corporation owned
possessed or controlled and shall be
subject to all the debts obligations
liabilities and duties of said existing
corporation
( 1761
Deleted
Additionally the City shall ha
(Formatted Justified
..........
{ Deleted THE
t
Deleted CITY CLERK AND CITY
TREASURER
77SECTION,600 NUMBER, ELECTION AND TERM OF OFFICE,
The City Council shall consist of five members elected at jarge at the times
and in the manner provided in this Charter., A full term of office shall be four years,
commencing at the meeting at which the election results are certified and
continuing until a successor is elected and certified Any ties in voting shall be
settled by the casting of lots
SECTIONIL1 TERM LIMITS
No person shall serve more than two ,consecutive full terms as a Cpuncil
Member If a person serves a, partial term in excess of two years it shall be
considered a full term for the purpose of this provision ,Nothing in this provision
shall act ,to bar service as a gpuncil Member after at least two years have elapsed
from the Council Member s last full term,
sEcTioN4Q ,ELIGIBILITY
Only lesidents of the City who arg lawfully registered voters of the City shall-
be eligible to hold an elective City office, Candidates for election to any such office
must have been lawfully registered voters of the City for the 30 days immediately
preceding the filing of their nomination papers
SECTION,603 COMPENSATION.
Council Members shall receive compensation for their services in
accordance with the provisions ofiState law„
The City shall maintain records of the total annual compensation, including
benefits, received by individual Council Members in their capacities as elected
public officials of the City, including all compensation received for services on the
Culver City Redevelopment Agency and any other boards or agencies Individual
Council Members shall provide information that the City requires in order to comply
with this section Such information shall be made available to the public in
accordance with State law
SECTIOR.E4 yACANCY
The City Council, by a vote of at least three of its members, may appoint a
replacement to fill any vacancy on the City Council _Such appointeeshall hold
( Formatted Justified )
Deleted CITY COUNCIL CLERK
AND TREASURER TERMS
(Deleted from the city at
Deleted provided and who shall
serve for a term of four years
)
(Deleted — SOF COUNCIL [7911
(Deleted (2)
Deleted c
(Deleted ' m II
(Deleted s
(Deleted (2)
(Deleted This provision shall
Deleted as a bar
Deleted c )
(Deleted m
t Deleted (2) )
( Deleted as council member ';
(Deleted — 11
Formatted Justified
Deleted 501 )
(Deleted CITY COUNCIL C
(Formatted Justified
Deleted is a
Deleted of the City
I Deleted 11
( Formatted Justified
(Deleted 502
Deleted OF ELECTED OFFICIALS
( Deleted The members of the City
( Deleted the
Deleted as set forth in the
84
( Deleted The City Clerk and 1
[851
Deleted 503
Deleted 11
The City Clerk and City Treas( [781 ( Formatted Justified
( Deleted 500 2
)
183]
September 15 2005 Page 52 of 108Formatted Justified
SECTION...NA ,FORFEITURE OF OFFICE
The grounds for forfeiture of the office of a Council Member are he following
(a) The Council Member is absent,, without the consent of the City Council,
from all regular City Council meetings for a period of0 consecutive days from and
after the last regular City Council meeting attended by such Council Member,
(b) „The Council Member is convicted of a felony or a crime involving moral
turpitude or
(c) The Council Member ceases to be a resident and lawfully registered
voter of the City
After the occurrence of any of the foregoing events the office of Council
Member shall declared vacant by the City Council by a vote of at least three of
its members At the request of the affected Council Member the City Council shall
hold a public hearing before declaring the office vacant
Deleted 504
1
f Deleted COUNCIL MEMBER
Deleted office of a member of the
City Council shall be forfeited upon
the happening of any of
(Deleted m
( Deleted sixty )
t
Deleted without consent of the City
Council or
( Deleted t
(- Deleted t
)
Deleted Upon the happening
Deleted said
fDeleted become vacant and be so )
f
Deleted
(Amended by Electorate 4 11-00)1
fFormatted Justified
)
office until a successor is elected and certified, If the vacancy occurs before the
first day to file nomination papers for the next general municipal election, a Council
Member shall be elected at that election as the successor to any appointee, or to fill
the vacancy if it has not previously been filled by appointment, and such newly
elected Council Member shall serve the remainder of the unexpired terms and until
a successor is elected and certified,
If a vacancy is not filled by appointment within 30 days after its occurrence
the City Council shall immediately call a special election to fill the vacancy The
special election shall be held not later than 120 days after the vacancy occurs
,except that no special election ,shall be called to fill the vacancy if it cannot be held
at least 180 days before the next general municipal election A person elected at a
special election shall hold office for the remainder of any unexpired term and until a
successor is elected and certified,
-( Deleted qualified
Deleted and is not filled at a special
election before that day any
unexpired term shall be filled at the
general election
Deleted occurrence of the
Deleted provided that the
Deleted need not
L Deleted qualified
If there is an election to fill one or more full terms and one or more unexpired
terms, then the candidates who receive the highest number of votes shall serve the
full terms, and of the candidates remaining, those who receive the next highest
number of votes shall serve the unexpired terms
At any time when there are three or four vacancies on the City Council, the
remaining Council Member or Members shall constitute a quorum for the purpose of
holding a meeting to consider taking action pursuant to this section, and such action
may be taken by the unanimous vote of the remaining Member or Members
September 15 2005 Page 53 of 108{ Deleted 505
Deleted SELECTION OF MAYOR
DUTIES
(Deleted (a)
Deleted At the first meeting
following
Deleted m
Deleted its
Deleted 11
(b) Selection of Vice Mayor The
City Council shall also elect one of its
members as
Deleted (c)
(Deleted m
Formatted Justified
{ Deleted 506
{ Deleted VESTED IN
f Deleted of
Deleted of the State of California )
SECTIONSA plAYOR AND VICE MAYOR
• At the same meeting and immediately following the certification of election
results for ,any general or special municipal election at which Council_Members are
elected and at the second meeting in April in odd numbered years the City Council
shall elect one of its members as its presiding officer who shall have the title of
Mayor and one of its members as Vice Mayor Both shall serve at the pleasure of
the City Council
The Mayor shall have a voice and a vote in all ,City Council proceedings
shall be the official head of the City for all ceremonial purposes and shall perform
such other duties as may be prescribed by this Charter or as may be imposed by
the City Council consistent with the office of Mayor The Vice Mayor ,shall perform
the duties of the Mayor during the absence orpcapacity of the Mayor
A Council,Eember who has held the office of Mayor or Vice Mayor for one
year shall not be eligible for reelection to that same office until one year has
elapsed
SECTIOlsksoz POWERS OF THE CITY COUNCIL
All powers of the City shall be vested in the City Council subject to the
provisions of this Charter and he Constitution,. The City Council shall have the
power to
(a) Appoint, suspend, remove and fix the compensation of the City Manager,
Fire Chief, Police Chief and City Attorney, by a vote of at least three of its members,
(b) Create, modify or abolish any City department, and to prescribe the
powers and duties of such departments and their Department Heads,
(c) ,Review and certify the results of all City elections,
(d) Control all legal business and proceedings, including, but not limited to,
the authority to employ other attorneys to take charge of any litigation or other legal
matters or to assist the City Attorney in connection with any legal matter, which
authority, in whole or in part, may be delegated to the City Attorney, and
(e) Compel the attendance of witnesses, examine them under oath, and
compel the production of evidence before it The City Council may cause
subpoenas to be issued in the name of the City and be attested to by the City Clerk
Disobedience of such subpoenas, or the refusal to testify, upon other than
constitutional grounds, shall constitute a misdemeanor Council Members, and any
City staff members designated by the City Council, shall have the power to
administer oaths in any investigation or proceeding before it
September 15 2005 Page 54 of 108
{ Formatted Not Highlight Additionally, the City Council shall have all other powers consistent with this
Charter and the Constitution
SECTIONM CITY COUNCIL MEETINGS,
The City Council shall hold regular meetings at least twice each month, at
such times as it shall fix by ordinance or resolution and may adiourn any regular
meeting to a date certain, which shall be specified in the order of adiournment and
when so adiourned, each adiourned meeting shall be a regular meeting for all
purposes
The Council Chambers of pity 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 adiourned to another location within the City and to a time during
the same day on which the order is made
If for any reason it shall be unsafe to meet in the Council Chambers
meetings may be held for the duration of the unsafe condition at a place within the
City designated by the Mayor or by the City Council.,
,Whenever an order is made to hold a meeting at a place other than the
Council Chambers the City Clerk shall immediately post a copy of the order at a
conspicuous, location, near the outside of the main entrance 12,the Council
Chambers Jaekt
SECTION,609 SPECIAL MEETINGS,
A special meeting of the City Council may be called at any time by the
Mayor or by a majority of the Council.Members„
SECTION 610 NOTICE OF PUBLIC MEETINGS
The City Council shall comply with the applicable provisions of State law-
regarding the giving of notice for regular and special meetings The City Council
shall consider whether it should establish additional procedures to provide efficient,
(— Formatted Justified
(Deleted 507
f Deleted PLACE TIME
[Deleted the
f
Deleted The City Council by a four
fifths vote
( Deleted thereafter
Deleted Upon making a finding that
the public interest requires it the City
Council by a four fifths vote may
order a meeting adjourned to another
location within the City and to a time
dunng the same day on which the
order is made ti
[Deleted At the time
Deleted ly
(Deleted on or
(Deleted of
(Deleted
Deleted a copy of the order and
shall maintain the notice so posted
until the meeting is held
Deleted REGULAR MEETINGS
The City Council shall hold regular
meetings at least twice each month
at such times as it shall fix by
ordinance or resolution and may
adjourn or readjoum 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 It
Deleted 508
Deleted OF COUNCIL
[-De ‘ leted m
Deleted by delivenng personally or
by mail written notice to each
Councilmember and to each local
newspaper of general circulation
radio or television station requesting
notice in wnting Such notice must be
delivered personally or by mail at
least 24 hours before the time of such
meeting as specified in the notice
The call and notice shall specify the
time and place of the special meeting
and the business to be transacted no
other business shall be cons'. 88
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Before Opt After Opt
[Deleted three Councilmembers
September 15 2005 Page 55 of 108(Deleted adjourn from time to time
Deleted The City Council shall
judge the qualrficahons of its
members as set forth by the Charter
and shall judge all election returns
Each member of the City Council
shall have the power to administer
oaths and affirmations in any
investigation or proceeding pending
before the City Council
I Deleted
It shall have the power and authority
to compel the attendance of
witnesses to examine them under
oath and to compel the production of
evidence before it Subpoenas may
be issued in the name of the City and
be attested by the City Clerk
Disobedience of such subpoenas or
the refusal to testify (upon other than
constitutional grounds) shall
constitute a misdemeanor IF
Deleted The City Council shall
I cause t
Deleted to
( Deleted its
_
(Deleted and a
[Deleted demand
( Deleted m
Deleted
Deleted call the roll and shall cause
( the ayes and noes
Deleted any
( Deleted — to be entered
‘( Deleted 510
FOrmatte — let! ,7":71
_
I Deleted With the sole exception of
ordinances which take effect upon
I adoption hereinafter referred to no
ordinance shall be adopted by the
I City Council on the day of its
introduction nor within five days
thereafter nor at any time oth( a9-1
(- Deleted or resolution
[Deleted thereof
Deleted m
(Deleted the same
Formatted Font Not Bold
Formatted Justified None Space
l k Before Opt After Opt
Formatted Space Before 0 pt
After 0 pt
Formatted Justified|1010| timely and cost effective notice in a manner consistent with currently available
technology
SECTION 611 PUBLIC PARTICIPATION,
During any public meeting, all persons shall have the right to address the
City Council, and any City commission, board or committee, subject to reasonable
rules of decorum and time limits established by ordinance or the presiding officer
SECTIOR612 COUNCIL PROCEEDINGS
Three members of the City Council shall constitute a quorum to do business
but a lesser number mayzieslareamettnlasktow led
Except as otherwise provided in this Charter, actions of the City Council shall
be decided by a maionty 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, At the ieguest of any Council ,Member or upon the adoption of any
ordinanc91 resolution or( a2a_theacioatan_gfahi_order for the payment of
money the City Clerk shall jecord the vote taken on at question iongenter the
result in the minutes of the meeting
SECTION,613 ADOPTION OF ORDINANCES AND RESOLUTIONS
No ordinance shall be adopted by the City Council on the day of its
introduction, nor within five days thereafter, nor at any time other than at a regular
or adjourned regular meeting The foregoing shall not apply to urgency ordinances
adopted in the manner provided in this Charter A resolution adopted by the City
Council shall become effective in accordance with its terms
At the time of adoption of an ordinance, it shall be read in full unless after
the reading of the title, the further reading thereof is waived by unanimous consent
of the Council .,Members present In the event that any ordinance is altered after its
introduction ,shall be reintroduced and not finally adopted except at a regular or
adjourned regular meeting held not less than five days after the date upon which
such ordinance was so reintroduced The correction of typographical or clerical
errors shall not constitute the making of an alteration within the meaning of the
foregoing sentence
September 15 2005 Page 56 of 108( Deleted affirmative
)
The votes of at least three members of the City Council shall be required for
the introduction or enactment of any ordinance or resolution or for the making or
approving of any order for the payment of money
No order for the payment of money shall be adopted or made at any time
other than at a regular or adjourned regular meeting
Deleted Requirement for Payment
of Money Order
Formatted Justified
SECTION 614 URGENCY ORDINANCES
,Any ordinance declared by the City Council to be necessary as an urgency
measure for preserving the public peace health or safety and containing a
statement of the reasons for its urgency may be introduced and adopted at any
regular adjourned or special meeting if passed by a vote of at least four fifths of its
members,
SECTION,615 ORDINANCES,_ ENACTMENTS
In addition to all othec acts of the City Council Lhal are required by State lavv,
or by this Charter to be enacted by ordinance every act of the City Council
establishing a fine or other penalty or granting a franchise shall be enacted by
ordinance
The enacting clause of all ordinances shall be substantially as follows The
City Council of the City of Culver City does ordain as follows
SECTIONs616 ORDINANCES
The City Clerk shall record the full text of all ordinances and resolutions
adopted by the City Council in a properly indexed book The City Clerk shall also
cause each ordinance, or a summary of such ordinance, to be published not later
than ,15 days after its adoption 4n a newspaper circulated City and designated
by the City Council
SECTION 617 ORDINANCES AMENDMENTS
( Deleted Urgency Ordinances
( Deleted
( Deleted affirmative votes
Deleted It
(Amended by Electorate 4 11 00)11
(. Formatted Justified
I Deleted 511
f Deleted
Deleted such
Deleted as )
( Deleted statute )
( Formatted Justified
( Deleted 512
-I Deleted
-(Deleted within
Deleted to be published at least
( once
(
Formatted Justified
Formatted Font Not Bold
Any provision of an existing ordinance may be amended without reenactment
and republication of the entire original ordinance
SECTION,618 ORDINANCES CODIFICATION
(Formatted Justified
{ Deleted 513
Deleted CODIFICATION OF
September 15 2005 Page 57 of 108The City Council shall penodically provide for the _preparation of a general
codification, compilation, consolidation, revision, indexing or arranging of all City
ordinances and resolutions then having the force and effect of law
The codification of City ordinances may be accomplished by reference to the
passage of previously adopted ordinances Such codifications need not be
published in the manner required for other ordinances, but prior to adoption, at least
three copies of the Code shall be filed in the office of the City Clerk, where they
shall be available for public inspection
Detailed regulations pertaining to any sublect, such as fire, building,
plumbing, electrical and mechanical codes, as well as codes on other subiects that
require extensive regulations, may be adopted by reference, and without the
necessity of publication, in the manner provided above One copy of such codes
shall be filed in the office of the City Clerk, prior to their adoption, where they shall
be available for public inspection
Subsequent amendments to sections of the general codification of City
ordinances, or the regulatory codes, shall be enacted in the same manner required
by this Charter for the amendment of ordinances generally
SECTIOR619_ ORDINANCES WHEN EFFECTIVE
In order to allow the People to exercise their referendum power, ,no
ordinance shall become effective until .02;lays from and after the date of its
adoption except the following which shall take effect upon adoption
(a) An ordinance calling for or otherwise relating to an election
(b) An improvement proceeding ordinance adopted under some law or
procedural ordinance
(c) An ordinance declaring the amount of money necessary to be raised
by taxation or fixing the rate of taxation or
(d) An prgency ordinance adopted in the mannerprovided in this Charter
SECTION6211 ORDINANCES VIOLATION,AND PENALTY
Unless a specific ordinance provides otherwise, a,yiolation of an ordinance of
the City „shall be a misdemeanor.:The2tyCoung b ordinance, may
penalty by fine or imprisonment, or both, for misdemeanors and only by fine for
infractions
'Deleted Any and all ordinances of
the City which have been enacted
and published in the manner required
at the time of their adoption and
which have not been repealed may
be compiled consolidated revised
indexed and arranged as a
comprehensive ordinance code and
such code may be adopted by
reference by the passage of an
ordinance for such purpose Such
code need not be published in the
manner required for other ordinances
but not less than three copies thereof
shall be filed for use and examination
by the public in the office of the City
Clerk pnor to the adoption thereof
Subsequent amendments to sections
of the code shall be enacted in the
same manner as herein required for
the amendment of ordinances
generally IT
Detailed regulations pertaining to any
subject such as the construction of
buildings plumbing wiring or other
subjects which require extensive
regulations after having been
arranged as a comprehensive code
may likewise be adopted by reference
in the manner herein above provided IT
Deleted
Formatted Justified
Deleted 514
Deleted N
f Deleted thirty |1010|. Deleted emergency
(Deleted herein
Formatted Justified
• ... - • • - • •••,•• •
Deleted 515
Deleted
Deleted
t Deleted v
Deleted is
(- Deleted unless by ordinance it is
made an infraction and such violation
I may be prosecuted in the name of the
people of the State of California or
may be redressed by civil action
iJ
September 15 2005 Page 58 of 108Deleted 5
The City Council by ordinance may fix
the penalty by fine or imprisonment
or both for misdemeanors and by
fine only for infractions 5
SECTION 516 ORDINANCES
AMENDMENTS 11
The amendment of any section or
sections of an ordinance may be
accomplished solely by the
reenactment of such section or
sections at length as amended 5
. .„ .
1"Fo ' rmatted Justified
Deleted 517
( Deleted with
I Deleted A
Deleted Additionally all legal
notices or other matter required to be
published shall be posted in at least
three public places within the city 5
Deleted which
t Deleted is charged
(Formatted Justified
( Deleted In the event
Deleted then the posting in three
public places shall be sufficient
Deleted
SECTION 518 CITIZEN
PARTICIPATION
No citizen shall be denied the nght
personally or through counsel to
present gnevances at any regular or
special meeting of the Council or
offer suggestions for the betterment
of municipal affairs 5
Deleted OFFICERS
I Deleted SECTION 600 OFFICERS
TO BE APPOINTED BY THE CITY
COUNCIL
The City Council shall appoint the
Chief Administrative Officer and the
City Attorney and all other department
heads The powers and duties of
department heads shall be prescnbed
by ordinance or resolution The City
Council by ordinance may create
modify or abolish any department
II
Violations of City ordinances may be prosecuted in the name of the People of
the State of California or may be redressed by the City through any legal or
equitable remedies
SECTIONM_ PUBLISHING OF LEGAL NOTICES
The City Council shall designate one newspaper circulated Jr' the City for the
publication of all notices and other matters required to be published in a newspaper
„When possible, a change to another newspaper shall not be made until a notice of
the intention to change is published in the previously designated newspaper
The charges for such publications in the designated newspaper shall not
exceed the rates charged to,the general public,for similar publications
All legal notices or other matters required to be published shall also be
posted in at least three public places within the City
Posting of legal notices in three public places shall be sufficient, without
publication it the designated newspaper is unavailable aalasiatakereplasement
cannot be designated
ARTICLE VII ,CITY ADMINISTRATION
;SECTION 700 POWERS AND DUTIES OF CITY MANAGER
The City Council shall appoint the City Manager who shall be the chief
executive officer of the City, responsible to the City Council for the management of
all City affairs placed in the City Managers charge by or under this Charter, by
ordinance, resolution or other action of the City Council The City Manager, or his
or her designee, shall
(a) Appoint, suspend and remove all City employees, including
Department Heads, the City Clerk and the City Treasurer, except as otherwise
provided by State law or this Charter,
(b) Direct and supervise the administration of all City departments, except
as otherwise provided by this Charter,
(c) Attend all City Council meetings, at which the City Manager shall have
the right to take part in discussion, but shall not vote,
(d) Prepare and submit to the City Council an annual budget pursuant to
this Charter, and implement the final budget approved by the City Council, and
September 15 2005 Page 59 of 108(e) Perform such other duties as are specified in this Charter, or by
ordinance, resolution or other action of the City Council
{.Formatted Not Highlight SECTION 701. NON INTERFERENCE BY CITY COUNCIL
Neither the City Council, nor any Council Member shall
(a) Order or direct the City Manager to appoint or remove any person to
or from any position of employment with the City,
(b) Except as otherwise permitted by this Charter or by ordinance, order
or direct the City Manager to enter into a municipal contract or make a purchase of
supplies from any particular person or entity,
(c) Interfere in any way with the performance of the duties of any City
employee, or
(d) Interfere in any way with the duties of the City s elections official in the
conduct of elections
Nothing in this section shall prevent the City Council, or any of its members,
from advising the City Manager of any information which might assist the City
Manager in the discharge of the City Manager s duties, or contacting City
employees for the purpose of inquiry, obtaining information or advising employees
of citizen complaints
ARTICLE VIII ANNUAL BUDGET
SECTION 800 BUDGET PREPARATION
•
All Department Heads shall, upon request, provide the City Manager with
estimates of revenues and expenditures for their departments, detailed in the
manner prescribed by the City Manager The City Manager shall review the
estimates, hold conferences with department personnel, and prepare a proposed
budget
SECTION 801 SUBMISSION TO CITY COUNCIL
At least 45 days prior to the beginning of each fiscal year, the City Manager
shall submit a proposed budget to the City Council After reviewing the proposed
budget, the City Council shall set the date and time for a public hearing on the
—
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September 15 2005 Page 60 of 108proposed budget and, at least 10 days prior to its scheduled date, shall cause
notice of such public heannq to be published in a newspaper circulated in the City
and designated by the City Council
Copies of the proposed budget shall be available for public inspection in the
office of the City Clerk at least 10 days prior to the public hearing
SECTION 802 PUBLIC HEARING
The City Council shall hold a public hearing on the proposed budget at the
time so advertised, or at any time to which the public hearing shall be adiourned
from time to time, where interested persons shall be given an opportunity to be
heard
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_
SECTION 803 FURTHER CONSIDERATION AND ADOPTION
SECTION 804 APPROPRIATIONS
SECTION 805 AMENDMENTS
ARTICLE IX CITY ATTORNEY,
At the conclusion of the public hearing, the City Council shall further consider
the proposed budqet, make any revisions that it may deem advisable, and, on or
before June 30 th, adopt the budget by a vote of at least three of its members Upon
adoption, the budget shall be in effect for the ensuing fiscal year A copy of the
budget, certified by the City Clerk, shall be filed with the City Manager An
additional copy shall remain on file in the office of the City Clerk where it shall be
available for public inspection Copies of the adopted budget shall be made
available for the use of City departments
After adoption of the budget, the amounts ,allocated in the budget as
proposed expenditures
_y_p_,_. 1 to the s ec ffiedCadeartmentsfol
the objects and purposes named in the budget All appropriations shall lapse at the
end of the fiscal year to the extent that they shall not have been expended or
lawfully encumbered
After the adoption of the budget, the City Council may amend or supplement
the budget only by a vote of at least four fifths of its members
Formatted Space Before 0 pt
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r Deleted IT
SECTION 601 CITY CLERK
POWERS AND DUTIES
The City Clerk shall have power and
be required to it
(a) Attend or ensure the Deputy City
Clerk attends all meetings of the City
Council unless excused by the City
Council but in no event shall the City
Clerk be absent from Council
Meetings for more than sixty (60)
consecutive days without the consent
of the City Council without forfeiting
his/her office The sixty (60)
I consecutive day penod shall be
computed from the last Regular
Council Meeting attended by the City
Clerk The City Clerk or Deputy City
Clerk shall record and maintain a full
and true record of all the proceedings
of the City Council in books that shall
bear appropriate titles and be devoted
to such purposes Such books shall
have a general index sufficiently
comprehensive to enable a person
readily to ascertain matters contained
therein 11
11
(b) Maintain ordinance and
I resolution books into which shall be
recorded all City ordinances and
resolutions with the certificate of the
Clerk annexed to each thereof stating
the same to be a correct cop
I Formatted Font Italic
• Formatted Centered
(
Formatted Font Bold Italic
„
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September 15 2005 Page 61 of 108SECTION,900 zkasEwn
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,.
lb) 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,
(.) 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.
(k) Prosecute on behalf of the Leople ,criminal cases for violations of this,
Charter of City ordinances pr of State laws phich 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
ARTICLES BOARD OF EDUCATION
SECTION,1000 NUMBER AND TERM
The Board of Education shall consist of five ,members elected at large from
the School District, for a term of fouryears
SECTION,1091 ,ELIGIBILITY
Only iresidents of the School District who arq, lawfully registered voters of the
School District shall be eligible to hold office as a member of the Board of
f Deleted 603
Deleted CITY ATTORNEY
[
Deleted To become eligible for
appointment as
Deleted the appointee shall have
been admitted to practice as an
attorney in an of the State courts of
California
[ Formatted Justified --
1 Formatted Indent First line 0|1010| Deleted have power and be
required to
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Deleted Represent and advise the
City Council and all City officers in all
matters of law pertaining to their
Offices
Deleted (b) Represent and appear
for the City and any City officer or
employee or former City officer or
employee in any or all actions and
proceedings in which the City or any
such officer or employee in or by
reason of his official capacity is
concerned or is a party but the City
Council shall have control of
[Deleted and give opinions [92])
r .
Deleted 11 ( [931 1 Deleted e
Deleted any and all proposed
Deleted or
[ Deleted for the City and ( r941
[ Deleted f
iDeleted p
( Deleted such
( Deleted and
[Deleted as
Deleted or the Chief of Poliq 1951
Deleted VI/
( Formatted Justified
Deleted 700
Deleted (5)
L Deleted at large
s Deleted (4)
-I Formatted Justified
Deleted 701
Deleted BOARD OF EDUCATION
r 'Deleted - a
Deleted is a|1010|J
September 15 2005 Page 62 of 108( Deleted A vacancy in the
Deleted from whatever cause
ansing shall be filled
Deleted by the Board of Education
( Deleted to
Deleted his/her
( Deleted qualified
( Deleted —
Deleted m
Deleted before said first day
Deleted the Board of Education
does not flu the
1 Deleted sixty (60)
f Deleted the
Deleted of the vacancy it
( Deleted to fill the vacancy to
IDeleted one hundred and twenty
(120)
Deleted- occurrence of the vacancy
provided
Deleted such
Deleted need not be called if a
regular Board of Education election
will be held within one hundred and
eighty (180) days from the occurrence
of the vacancy
Deleted If a vacancy is to be filled
or if a successor to an appointee is to
be elected at a regular Board of
Education election to fill the
remainder of an unexpired term then
of the members elected to the Board
of Education at said regular election
that member receiving the lowest
number of votes shall be deemed to
have been elected to fill the vacancy
or to succeed the appointee if any to
the unexpired term Those members
receiving the highest number of votes
I shall be deemed to have been
elected for the regular four ye
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Formatted Not Highlight|1010| Education Candidates for election to such office must have been ,lawfully
registered voters of the School District for the ,(30) days immediately preceding the
filing of their nomination papers
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( Deleted thirty
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j
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SECTION 1002 VACANCIES
The Board of Education shall fill any vacancy by appointment „Such
appointee „shall hold office until 0 ._ successor is elected and ,certified „If the vacancy
occurs before the first day to file nomination papers for the next regular Board of
Education election a Board Member shall be elected at that election as successor
to any appointee or to fill the vacancy if it has not been previously filled before
appointment, and such newly elected Board Member shall serve ,for the remainder
of any unexpired term and until a successor is elected and certified
Itayacancy is not filled by appointment within, 60 days after soccurrence,
he Board of Education shall immediately call a special election_ The special election shall be held not later than 120 days after the ,vacancy occurs, except that
no,,special election ,shall be called to fill the vacancy if it cannot be held at least 180
days before the next regular Board of Education election A person elected at a
special election shall hold office for the remainder of the unexpired term and until a
successor is elected and certified
f there is an election to fill one or more full terms and one or more unex ired
terms, then the candidates who receive the highest number of votes shall serve the
full terms, and of the candidates remaining, those who receive the next highest
number of votes shall serve the unexpired terms
SECTION 1003 FORFEITURE OF OFFICE
The grounds for forfeiture of the office of a member of the Board of Education
are the following
Aa) The Board Member is absent, without the consent of the Board of
Education, from all regular Board meetings for a period of 60 consecutive days from
and after the last regular Board meeting attended by such Board Member,
1121,__Theacarsi_ i lysailleusconigell_aalel lontor a crime involvinqmoral,
turpitude, or
Ac) The Board Member ceases to be a resident and lawfully registered
voter of the School District
After the occurrence of any of the foregoing pvents, the office of the Board
Member shall be declared yacant by the Board of Education, by a vote of at least
September 15 2005 Page 63 of 108Deleted The Council shall by
ordinance establish boards and
commissions enumerated in this
article and such additional boards or
commissions as in its Judgment are
required and may grant to any board
or commission such powers and
duties as are consistent with the
provisions of this Charter
r
Deleted 801
(Deleted annually
IDeleted such boards and
commissions
Deleted SECTION 802
APPOINTMENT TERM I
1 IT
The members of each of such boards
or COMMISSICHIS shall be app
Deleted 804
three of its members At the request of the affected Board Member, the Board of
Education shall hold a public heannq before declaring the office vacant
SECTION,1004 ,ORGANIZATION OF THE BOARD OF EDUCATION
At the annual organizational meeting of the Board of Education theinembers
shall elect a president vice president and clerk, No Board Member shall ,serve
more than two consecutive years in such, office
SECTION,1005 SPECIAL ELECTIONS
IDeleted If a member of the Board of
Education absents himself/herself
from all regular meetings of the Board
for a period of sixty days
consecutively from and after the last
regular board meeting attended by
such member unless by permission
of the Board expressed in its official
minutes or is convicted of a cnme
involving moral turpitude or ceases to
be a lawfully registered voter and
resident of the School District the
members office thereupon shall
become vacant and shall be so
declared by the Board of Education I
t Formatted Justified
Deleted 703
The Board of Education may at its discretion call an election for any reason
sanctioned by law at any time it deems appropriate
[Deleted OFFICERS
Deleted Board
IDeleted and no officer of the
Board
SECTION,1100 IN GENERAL
ARTICLEAI ,COMMISSIONS, BOARDS AND COMMITTEES,
( Deleted see
( s. Deleted the same
r Formatted Justified,
I Deleted 704
J
t Deleted VIII
(Deleted APPOINTIVE
IDeleted BOARDS AND
COMMISSIONS
Ti
The Cour y_iglInaylnance,estal 2.11st,Incl abolish such commissions
and boards as it may determine, from time to time, to be necessary for the effective
and efficient governance of the City, and to encourage citizen participation in local
oovernment, including a commission charged with the responsibility of maintaining
positive human relations in the community
SECTION,, 1101 APPROPRIATIONS
The City Council shall appropriate,pufficient funds for the efficient and proper
functioning of all City commissions and boards„
SECTION,1102 ,CHAIRPERSON AND VICE CHAIRPERSON
As soon as practicable following the first day of July of every year each
,commission or board of the City shall organize by electing one of its members to
serve as its presiding officer with the title of Chairperson, and electing one of its
members as Vice Chairperson The Chairperson and Vice Chairperson shall each
serve at the pleasure of the commission or board,
The Chairperson shall have a voice and vote in all proceedings of the
commission or board, shall be the official head of the commission or board for all
ceremonial purposes, and shall perform such other duties as may be prescribed by
September 15 2005 Page 64 of 108
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Deleted 800
( Deleted MEETINGS CHAIRMAN
[ Deleted of such boards and
I, commissions
I
Deleted at the pleasure of the board I
or commission(Deleted such board or commission
— —
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Deleted 11
SECTION 806 CHARTER
COMMISSIONS
A There shall be a Commission
consisting of five members which
I shall have the power and
I responsibility including but not limited
(1) After a public heanng 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 it
(2) Exercise such control over land
subdivisions as is granted to it by the
governing body of the City and by the
laws of the State of California it
(3) Make recommendations
concerning proposed public works
and for the clearance and rebuilding
of blighted or substandard areas
within the City and
(4) Exercise such functions with
respect to zoning or building as may
be prescnbed by ordinance!
Hi
B There shall be a Commi
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( Deleted 900
(Deleted heretofore
( Deleted officers
Deleted heretofore
Deleted the withdrawal thereof
this Charter or by ordinance The Vice Chairperson shall perform the duties of the
Chairperson during the absence or incapacity of the Chairperson
SECTION 1103 MEETINGS
The City ,Manager shall designate City staff, as necessary, to assist each
commission or board, and to keep a record of its proceedings and transactions
,Each ,commission or board may prescribe its own rules and regulations which shall
be consistent with this Charter and applicable ordinances, resolutions and other City
Council actions Such rules and regulations shall be subject to the approval of the
City Council and ,shall be kept on file in the office of the City Clerk where they shall
be available for public inspection
SECTION 1104 OATHS, AND AFFIRMATIONS
Any commission or board, and the designated City staff shall have the
power to administer oaths and affirmations in any investigation or proceeding
pending before the commission or board,.
SECTION 1105 COMMITTEES
The City Council, by ordinance, resolution or other action, may establish and
abolish committees for a specified purpose, and shall appropriate sufficient funds
for the efficient and proper functioning of such committees
ARTICLE,Xll CIVIL SERVICE
SECTION. 1200 MERIT PRINCIPLE
Appointments and promotions in the administrative service of the City shall
be made according to merit and fitness to be ascertained so far as practicable by
competitive examination
The Civil Service System adopted by the City Council pursuant to State law
and in effect prior to the effective date of this Charter shall continue in full force and
effect unless changed by ordinance of the City Council or by amendment to the
rules and regulations ,approved by the City Council As provided in the State
enabling act referred to above the City Council shall not have the authority to
withdraw any departments, or employees includin g Department Heads, placed in
Classified Service from the operation of such system either by outright repeal of
the Civil Service ordinance or otherwise unless and until jts withdrawal shall have
I Formatted Font Bold
(Formatted Indent First line 05
(Deleted Council
Deleted a secretary for each of
such boards and commissions who
shall keep a record of its proceedings
and transactions and it may provide
for additional compensation therefor
Deleted board or
( Deleted Copies of such rules
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I Deleted 805
[Deleted
Deleted Each member of any such
board or commissions and the
secretary thereof
September 15 2005 Page 65 of 108Deleted qualified electors
Deleted not less than a two-thirds
vote of the electors voting on such
proposition
Deleted
I SECTION 900 1 CITY ATTORNEY 11
Ill
Notwithstanding other provisions of
the Charter the position of City
Attorney shall be in the unclassified
service II
Editors Note
lJ
Approved by the Voters on April
13 1982 Filed with the Secretary of
State January 31 1983 as Charter
Chapter No 711
(
.
Deleted 901
Deleted should thereafter
IDeleted- be
Deleted therefrom he
. .
(Deleted said position continuously
Deleted — SECTION 902
IMPROPER POLITICAL ACTIVITY I
No officer or employee of the City
shall engage in political activities
during working hours
No person shall engage in political
activities within facilities used by the
1 City for the conduct of government
business 7
( Deleted 903
( Deleted
Deleted made thereunder
{ Formatted Justified
Deleted 1000
Deleted
— —
Deleted a
Deleted of the legally registered
voters of the City voting on such
proposition at an election at which
such proposal is presented
_ ,
been submitted to the voters of the City at a regular or special municipal election
held in the City and shall have been approved by maionty vote at a City election„
SECTION 1201 CLASSIFICATION
All Department Heads shall be in the Unclassified Service
The City Manager, City Attorney, City Clerk and City Treasurer shall be in the
Unclassified Service
SECTION.1202 APPOINTMENTS FROM CIVIL SERVICE POSITIONS
In the event an employee of the City holding a position in the Classified
Service is appointed to a position in the Unclassified Service and, within two years
removed or resigns from that position, the employee ,shall revert to his or her
former position in the Classified Service upon the same terms and conditions as if
he or she had continuously remained in that position,,
SECTION 1203 PROHIBITIONS
No person shall willfully make any false statements certificate mark rating
or report in regard to any application test certification, or appointment held or made
under the Civil Service System or in any manner commit or attempt any fraud
preventing the impartial execution of such Civil Service System or its rules and
regulations
ARTICLE XM RETIREMENT SYSTEM
SECTION 1300 PUBLIC EMPLOYEES RETIREMENT SYSTEM
Plenary authority and power are hereby vested in the City its City Council
and its several officers agents and employees, to do and perform any act or
exercise any authority granted permitted or required under the provisions of the
Public Employees Retirements Law as it now exists or hereafter may be amended
to enable the City to continue as a contracting City under the Public Employees
Retirement System The City Council may terminate the contract with the Board of
Administration of the Public Employees Retirement System whereby all employees
are members of the System only under authority granted by ordinance adopted by
rnajonty vote at a City election,
September 15 2005 Page 66 of 108{ Formatted Justified
Deleted 1100
4 Deleted by ordinance
I Deleted officers or
Deleted by ordinance or resolution
)
)
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Deleted 1101
{ Deleted All
t
Deleted before they enter upon the
duties of their respective offices
-I Formatted Justified
Deleted 1102
Deleted ILLEGAL CONTRACT
— –
(Deleted convIctIon
I Formatted Justified
I Deleted SECTION 1103 DUTIES
I OF OFFICERS AND EMPLOYEES I
I
The City Council by ordinance may
assign additional functions or duties
to officers departments or agencies
established by this Charter but may
not discontinue or assign to any other
office department or agency any
function or duty assigned by this
Charter to a particular office
department or agency t
Where the positions are not
incompatible the City Council may
combine in one office the powers and
duties of two or more offices created
or provided for in this Charter '11.
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ARTICLE XIV GENERAL PROVISIONS RELATING TO OFFICERS AND
EMPLOYEES
SECTION,1400 OFFICIAL BONDS
The City Council shall fix he amounts and terms of the official bonds of all
,employees who are required ,to give such bonds All bonds shall be executed by a
responsible corporate surety shall be approved as to form by the City Attorney and
shall be filed with the City Clerk Premiums on official bonds shall be paid by the
City
SECTION,1401 OATH OF OFFICE
Before entennq upon the duties of their respective offices, all officers and
employees of the City,shall take and subscribe to the following oath or affirmation
do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies foreign and domestic that I will bear true faith and allegiance to
the Constitution of the United States and the Constitution of the State of California
that I take this obligation freely without any mental reservation or purpose of
evasion and that I will well and faithfully discharge the duties upon which I am
about to enter
SECTION,1402 FINANCIAL INTEREST
Except as provided by State law officers and employees of the City shall not
be financially interested in any contract made by them in their official capacity or by
any body or board of which they are members
Officers and employees of the City shall not be purchasers at any sale or
vendors at any purchase made by them in their official capacity
The office and employment of an officer or employee shall be forfeited upon
a judicial findinc‘of a violation of this section
,SECTION 1403 ETHICAL CONDUCT
It is the policy of the City that all officers and employees of the City shall
observe the highest standards of ethics City officers and employees shall comply
with all federal, State and City statutes, laws, ordinances, rules, regulations and
policies relating to conflicts of interest, campaign disclosure and ethical conduct,
September 15 2005 Page 67 of 108including, but not limited to, those relating to decision making where the official has
a private financial interest, acceptance of gifts and other items of value, acceptance
of campaign contributions, use of confidential information, and use of public
property and resources The City Council shall adopt such ordinances and
resolutions as it deems necessary to promote ethical conduct in government
SECTION 1404 IMPROPER POLITICAL ACTIVITY
The officers and employees of the City shall not enqae in, nor shall the
facilities of the City be used for, improper political activities The City Council shall
have the authority to establish rules and regulations to implement this policy
ARTICLE ELECTIONS ELECTIONS
SECTION, 1500 GENERAL MUNICIPAL ELECTIONS
General municipal plections for the filling of all elective offices other than the
Board of Education shall be held in,the City on the second Tuesday in April in each
even numbered year
The election of members of the Board of Education shall be held in
accordance with State law _E xp en s es for Board of Education elections shall be paid
by the School District
SECTION,1501 SPECIAL MUNICIPAL ELECTIONS
,The City Council may, at its discretion, call an election for any reason
sanctioned by law at any time it deems necessary Such election shall be known as
a special municipal election
SECTION 1502 ELECTIONS OFFICIAL
The City Clerk shall be the City s elections official, and as such shall
supervise the conduct of City elections and shall perform all other duties assigned
by State law to the City s elections official In all such matters, the City Clerk shall
act in a fair and impartial manner, in accordance with all applicable provisions of this
Charter, State law and City ordinances Neither the City Council, nor individual
Council Members shall interfere with the City Clerk in the performance of the duties
assigned by this section
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f Formatted Font—No-t
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[F- ormatted — Justified
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I Deleted M
....._..
( Deleted E
Deleted said
Deleted 11
_
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[Deleted 1201
rDeleted All other municipal
elections that may be held by
authority of this Charter or of any
law shall be known as special
municipal elections
September 15 2005 Page 68 of 108SECTION,. 1603 PROCEDURE FOR HOLDING ELECTIONS
Unless otherwise provided by this Charter all City elections shall be held in
accordance with applicable,provisions of the then current eState law
SECTION, 1504 INITIATIVE, REFERENDUM AND RECALL
The rights of the initiative ieferendum and ,recall pre reserved to the voters of
the City applicable provisions of the then current State law„ governing the -\•
initiative referendum and ,recall processes ,shall apply, insofar as such provisions
pre not in conflict with this Charter
,SECTION 1505 ELECTIONS BY MAIL
The City Council may, by ordinance, authorize the conduct of elections
wholly by mail, under which all votes shall be cast in the manner of absentee
ballots
ARTICLgXVI FINANCIAL AND FISCAL MATTERS
SECTION,1600 FISCAL YEAR
The fiscal year of the City government shall begin on the first day of July of
each year and end on the thirtieth day of June of the following year
SECTION,1601 TAX SYSTEM
Unless otherwise provided by ordinance the City shall continue to use for
the purpose of ad valorem municipal taxation the County system of assessment
and tax collection as such system is now in effect or may hereafter be amended
and insofar as such provisions are not in conflict with this Charter
If the City Council fails to fix the rate and levy taxes on or before August 31st
in any year the rate for the next preceding fiscal year shall thereupon be
automatically adopted and a tax at such rate shall be deemed to have been levied
on all taxable property in the City for the current fiscal year
SECTION,1602 TAX LIMITS
Deleted 1202
Deleted the
Deleted the Elections Code of the )
1 Deleted of California as the same
I now exist or may hereafter be
amended for the holding of elections
in general law cities insofar as the
same are not in conflict with this
Charter
t Formatted Justified
r
Deleted 1203
( Deleted and
I:Deleted of the
( Deleted of elective officers
I Deleted electors
Deleted (unless oth
(Deleted the
Ei
ucilofficers D rer—of eitp— a eted
, provided by ordinance hereafter
enacted) the
I Deleted Elections Code of the State
of California as amended
otherwise
r " -
Deleted of the Elecbons Code
( Deleted
Formatted Justified
Deleted 1302
?'Formatted Justified
( Deleted (Amended by Electorate 4
I 11-00)11
_
Formatted Font Not Italic
(Deleted X///
Formatted Justified
Deleted 1300
Formatted Justified
f Deleted 1301
September 15 2005 Page 69 of 108)
)
, Formatted Justified
-I Deleted 1303 SECTION.1603 BONDED DEBT LIMIT
Exclusive of special levies permitted by this Charter the City Council shall
not levy a property tax in excess of one percent of the assessed value of taxable
property in the City for municipal purposes unless authorized byp_two thirds vote at
a City election,
There shall be levied and collected at the time and in the same manner as
other property taxes for municipal purposes are levied and collected as additional
taxes if no other provision for payment thereof is made
(a) A tax sufficient to meet all liabilities of the City for principal and interest
of all bonds or judgments due and unpaid or to become due during the ensuing
fiscal year and
(b) A tax sufficient to meet all obligations of the City to the Public
Employees Retirement System or other system for the retirement of City
employees due and unpaid or to become due during the ensuing fiscal year
Special levies in addition to the above may be made annually based on
City Council approved estimates for the following specific purposes parks
recreation refuse disposal pty planning libraries advertising and promotion The
proceeds of any such special levy shall be used for no other purpose than that
specified
I Deleted One ($1 00) Dollar on each
One Hundred ($100 00) Dollars
.1- Deleted the affirmative votes of
Deleted of the electors voting on the
proposition at any election at which
the question of such additional levy [
for municipal purposes is submitted to
the electors
)
[Deleted c
)
,
)
The bonded indebtedness of the City may not exceed the sum of :IA percent
of the total assessed valuation of all the real and personal property within the City
SECTION,1604 CONTRACTS FOR PUBLIC WORKS
The City Council shall, from time to time, establish, by ordinance, procedures
to ensure the integrity of awarding all contracts for the construction or improvement
of public works, buildings, streets, drains, sewers, utilities, parks and playgrounds
Subiect to such exceptions as the City Council may establish, these procedures
shall call for soliciting multiple bids for all contracts The procedures shall be
reviewed periodically by the City Council at a public hearing
The City Council may award a contract without complying with the
procedures then in place by a vote of at least four fifths of its members after a public
hearing
This Charter has been enacted for the collective benefit of the People of the
City of Culver City, and is not intended to confer legal rights or remedies upon
individual persons or entities that elect to do business with the City In furtherance
Deleted fifteen (15 / )
k.
iFormatted Justified
Deleted 1304
, Formatted Font Not Bold
)
I
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September 15 2005 Page 70 of 108I Formatted Justified
Deleted Every public works project
to be performed by an independent
contractor involving an expenditure of
more than Twenty Five Thousand
($25 000 00) Dollars for the
construction or improvement
excluding maintenance and repair of
public buildings works streets
drains sewers utilities parks and
playgrounds shall be let to the lowest
responsible bidder after notice by
publication in the newspaper
designated by the City Council
pursuant to Section 517 hereof by two
or more inserbons the first of which
shall be at least ten days before the
time for opening bids I
I 11
, The City Council may reject any and
all bids presented and may
readverbse in its discretion
The City Council by four affirmative
votes may award such a contract
without complying with bidding
procedures provided a public hearing
is held on the award of the contract
Notice of the public heanng shall be
published as provided hereinabove
and shall state the name of the
proposed contractor scope of the|1010|. contract and compensation
Deleted 1305
Deleted CENTRALIZED
t, Formatted Justified
Deleted Under the control and
direction of the Chief Administrative
Officer there shall be establi
Formatted Justified
( Deleted 1306
Deleted., which in _
Formatted Justified
f Deleted generally heretofore
Deleted The
. . ...„.
Deleted the affirmative votes of a
majonty of the electors voting on the
proposition at any election a! 11011
[Deleted created
—
Deleted remain inviolate for
Deleted
f Deleted of the electors voting in
favor thereof at a general or special
election at which such propoc
11021
r Deleted IT
(Amended by Electorate 4 11 00)1
11031
—
of this intention, it is specifically declared that no contractor, person or entity shall
be entitled to bnnq any legal or equitable action against the City alleging that the
City failed to perform its obligations under this section or under any ordinance
enacted to establish the procedures for awarding public works contracts Nothing in
this paragraph shall prohibit or restrict the City from adopting ordinances or entennq
into contracts that grant legally enforceable rights to one or more contractors,
persons or entities
SECTION,1606 PURCHASING OF SUPPLIES, MATERIALS AND EQUIPMENT
The City Council shall establish procedures for the purchasing, storing and
distribution of all supplies, materials and equipment required by any City
department The City Manager shall direct the implementation of such procedures
for all City departments,
SECTION,1606 RESERVE FUNDS
The City Council shall maintain sufficient cash reserves for the purpose of
placing the payment of operating expenses of the City on a cash basis The
reserves shall be built from any available sources, and IR combination with
anticipated revenues shall be sufficient to meet all lawful demands against the City
Transfers may be authorized by the City Council from one fund to another fund or
funds in such amounts as may be required to place those funds as nearly as
possible on a cash basis In case of such transfers monies shall be returned to the
fund from which they were transferred as they become available
SECTION 1607 CAPITAL FUNDS
The funds for capital improvements ,p,r_elaysly_created are hereby
continued in existence The City Council by ordinance may create a special fund or
funds for a special capital improvement purpose Subiect 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 maionty vote at a City election, The GI/
Council may transfer to any such fund any unencumbered surplus funds remaining
on hand in the City at any time
Once „pstablished such fund shall pe 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,
September 15 2005 Page 71 of 108t Formatted Justified|1010|Deleted orany Board
k Commission
(Deleted thereof
— Deleted ,,,,for the same
Formatted Justified
Deleted 1311 — —
I
Deleted — The CityCouncil shall
employ at the beginning of each fiscal
year an independent qualified public
accountant or firm of such
accountants who at such time or
times as may be specified by the City
Council shall examine the books
records inventones and reports of all
officers and employees who receive
handle or disburse public funds and
all such other officers employees
departments or agencies as the City
Council may direct
Deleted Council one copy thereof
to be distnbuted to each member one
to the City Attorney and the City
Treasurer respectively two to the
Chief Administrative Officer and
three additional copies to be placed
on file in the office of the Cibk [1041
(Deleted direct or indirect
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,
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11051
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{jJeted 1310
I Deleted CLAIM REQUIRED
SECTION,1608 CLAIM REQUIRED FOR ACTIONS AGAINST CITY,
No suit may be brought on any claim for money or damages against the City
the City Council, or any City commission, board, committee, officer or employee
,until a claim,has been presented and rejected in whole or in part in accordance with
procedures adopted by the City Council for the regulations of claims subject to the
provisions of State law
SECTION. 1609 INDEPENDENT AUDIT REQUIRED
At the beginning of each fiscal year, the City Council shall employ an
independent, certified public accountant or firm of such accountants who, at such
time or times as may be specified by the City Council, shall examine the books,
records, inventories and reports of the City and of all officers and employees of the
City who receive, handle or disburse public funds and of all such other City officers,
employees and departments as the City Council may direct As soon as practicable
after the end of the fiscal year a final audit and report shall be submitted by such
accountant or firm to the City Copies of such audit and report shall be provided to
each Council Member, and copies shall be placed on file in the office of the City
Clerk and made available for inspection by the general public ,Such accountant or
firm shall have no direct or indirect personal interest, in the fiscal affairs of the City,or
of any of the officers of the City
ARTICLE XVII FRANCHISES
SECTION,1700 fRANCHISES
The City Council may, by ordinance„grant a franchise to furnish the City and
its inhabitants with any public utility or service and to use the public streets for that
purpose, The exercise by any person, firm or corporation of an privilege for which
a franchise is required without procuring such franchise from the City is prohibited
Before granting any franchise the City Council shall adopt a resolution
declaring its intention to grant the same stating the name of the proposed grantee
the character of the franchise and the terms and conditions upon which it is
proposed to be granted Such resolution shall set forth the time and plac at
any person 4'nay appear before the City Council and be heard,. The City Council
shall direct the City Clerk to publish 1- 11e,resolution at least once within j5 days of,
passage in a newspaper circulated in the City and designated by the City Council,
The date and time fixed for he public hearing shall be not less than 22, nor more
than a days after the,adootion of the resolution
September 15 2005 Page 72 of 108fDeleted proceed to hear and pass
upon all protest and its decision
thereon shall be final and conclusive
( Deleted it
Deleted
Deleted
Deleted SECTION 1401
EXERCISING RIGHTS WITHOUT
FRANCHISE
The exercise by any person firm or
corporation of any pnvilege for which
a franchise is required without
procuring such franchise shall be a
misdemeanor and each day that such
I condition continues to exist shall
constitute a separate violation IT
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At the hearing the City Council shall consider all protests and comments,
Thereafter he City Council may amend, grantor deny the franchise Such decision
shall be final and conclusive subject to the right of referendum of theEeople
ARTICLE XVIII REVENUE RETENTION
SECTION 1800 REDUCTIONS PROHIBITED
With regard to municipal affairs and areas not preempted by the State, any
revenues raised and collected by the City shall not be subject to subtraction,
retention, attachment, withdrawal or any other form of involuntary reduction by any
other level of government
SECTION 1801 MANDATES LIMITED
No other level of government shall have the nqht to require any person acting
on behalf of the City to perform any function unless and until the mandating
authority provides sufficient funds for the performance of such function The City
Council may instruct any department, commission, board, committee, officer or
employee of the City to disregard any mandate for which adequate funding has not
been provided
ARTICLE XIX CHARTER REVIEW COMMITTEE
SECTION 1900 CHARTER REVIEW COMMITTEE
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Beginning in January 2014, and in January every 10 years thereafter, the
City Council shall hold a public hearing to consider the need for a comprehensive
review of the existing Charter and shall determine whether or not to appoint a
Committee to consider and propose amendments to the existing Charter Within 12
months after its creation, or such other time period as may be specified by the City
Council, the Committee shall present to the City Council any proposed amendments
to the Charter The City Council shall act upon the recommendations of the
Committee before the last day to place the proposed amendments on the ballot at
the next regular municipal election The City Council may, at its discretion, appoint
a Charter Review Committee at any time,
ARTICLE,2_ 0( SUCCESSION AND TRANSITION
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{ Deleted /it
September 15 2005 Page 73 of 108SECTION 2000 EFFECTIVE DATE OF CHARTER
This Charter shall be effective on the later of July 1, 2006, or the date it is
accepted and filed by the Secretary of State
SECTIOR2001 RIGHTS AND LIABILITIES
The City shall continue to own, possess and control all rights and property of
every kind and nature owned, possessed or controlled by it at the time this Charter
takes effect and shall continue to be subject to all its debts, obligations, liabilities
and contracts
SECTION,2002 ,EXISTING LAWS, REGULATIONS AND POLICIES
All lawful ordinances resolutions policies, rules and regulation; in force at
the time this Charter takes effect and that are not in conflict or inconsistent pith this
Charter are hereby continued in force until they have been duly repealed
amended changed or superseded by proper authority
SECTION, 2003 RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED
except as specifically provided nottxma.timactiatt9Lshall affect or impair
the civil service pension, and retirement rights or privileges of officers or employees
of the City or of any City,department,existing at the time this Charter takes effect
SECTION,2004 CONTINUANCE OF CITY COUNCIL AND BOARD OF
EDUCATION.,
The members of the City Council and of the Board of Education of the Culver
City Unified School District, in office at the time this Charter takes effect shall
continue in office until the expiration of their respective terms and until their
successors are elected and agile/
SECTION 2005 EXISTING COMMISSIONS, BOARDS AND COMMITTEES,
Commissions, boards and committees previously established by the City
Council shall continue to exist and exercise the powers and perform the duties
conferred upon them, provided, however, that the City Council may abolish any or
all of said commissions, boards or committees and may alter their structure,
membership and duties
4: Deleted 306
f ( Deleted when
Deleted 300
Deleted The City of Culver City as
successor in interest of the municipal
corporation of the same name
I heretofore created and existing shall
own possess control and in every
way succeed to and become the
owner of rights and of property of
every kind and nature by said existing
municipal corporation owned
possessed or controlled and shall be
subject to all the debts obligations
liabilities and duties of said existing
L, corporation
Formatted Left
1 , Deleted 301
. „_
I Deleted ORDINANCES
".CONTINUED IN EFFECT
( Deleted or portions thereof
. . .
t Deleted herewith
(Deleted the same
, Formatted Left
(Deleted 302
1 Deleted Nothing in this Charter
contained e
Deleted
(Deleted office
I Deleted or agency thereof
Formatted Left
Deleted 303
Deleted PRESENT OFFICERS
AND EMPLOYEES
Deleted The present officers and
employees shall without interruption
continue to perform the duties of their
respective offices and employments
for the compensation provided by the
existing ordinances resolutions rules
or laws until the appointment and
qualification of their successors under
I this Charter and subject to such
removal and control as is herein
provided it
,II
( Deleted the City Clerk arq [vo]
r
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September 15 2005 Page 74 of 108The members of the commissions and boards holding office when this
Charter takes effect shall continue to hold office until their respective terms of office
shall expire and until their successors shall be appointed, or until such time as the
body is abolished by action of the City Council
The members of Committees existing when this Charter takes effect shall
continue to remain members until they are replaced or removed by the City Council
or until the Committee is abolished
SECTION 2006 EXISTING EMPLOYEES OF THE CITY
The present employees of the City shall continue to perform their duties
without interruption, subiect to this Charter and all applicable provisions of any
existing or future ordinance, resolution, rule or law relating to the removal, duties or
control of such employees
SECTION„2007 ,EXISTING CONTRACTS AND,CONTRACTING PROCEDURES
All &ontracts entered into by the City or for its benefit before the effective
date pf this Charter shall continue in full force and effectaccordiratotimiLlems
The procedures for awarding contracts for public works existing at the time
this Charter takes effect, will continue to be followed until such time as the City
Council establishes, by ordinance, different required procedures
SECTION,2008 PENDING ACTIONS AND PROCEEDINGS
No civil or criminal action or proceeding that has been, brought by or against
the City or any City ,department ,and that is pending as of the effective date of this
Charter, shall be affected or abated by the adoption of this Charter All such actions
or proceedings may be continued, even if the functions powersgAuties of any,City
department ,that is a party to such action or proceeding Pave been ass!gned or
transferred under this Charter to another ,C „jlidepartment_in that event such
actions may be prosecuted or defended by the head of the City department $0 which
such functions powers and duties have been assigned or transferred ,under this
Charter
ECTION 2009 CONTINUANCE OF CITY TREASURER
The previously elected City Treasurer shall continue to serve until April 8,
2008 Prior to such date, the elected City Treasurer shall exercise all of the duties
Deleted 304
(Deleted CONTINUANCE OF
— --
Deleted PUBLIC
IMPROVEMENTS
Formatted Left
(Deleted c
( Deleted pnor to the taking effect
Deleted Public improvements for
which proceedings have been
instituted under laws existing at the
time this Charter takes effect in the
discretion of the City Council may be
camed to completion as nearly as
practicable in accordance with the
provisions of such existing laws or
may be contained or perfected
I. hereunder
( Deleted 305
Deleted ova or criminal pending
at the time when this Charter takes
effect
k Deleted office
( Deleted or agency thereof
Deleted or agency
Deleted by or
r Deleted SECTION 306
EFFECTIVE DATE OF CHARTER
This Charter shall be effective when
accepted and filed by the Secretary of
I State in
. ....... _
Formatted Justified
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contained but all
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Deleted may be assigned or
I transferred
[Deleted Office
(Deleted or agency but in
I Deleted the same
(Deleted office
September 15 2005 Page 75 of 108and functions assigned to the City Treasurer by the Charter in effect immediately
prior to the adoption of this Charter, including the supervision and direction of the
City s investment function „Should the office of City Treasurer become vacant prior
to April 8, 2008, the City Council shall appoint a replacement to serve until April 8,
2008
SECTION 2010 ,CONTINUANCE OF CITY CLERK
The person elected to the office of City Clerk at the April 11, 2006, general-
municipal election shall serve until April 8, 2008 ,,Prior to such date, the elected City
Clerk shall exercise all of the duties and functions assigned to the City Clerk by the
Charter in effect immediately prior to the adoption of this Charter Should the office
of City Clerk become vacant prior to April 8, 2008, the City Council shall appoint a
replacement to ,serve until April 8, 2008,
,SECTION 2011 ELIMINATION OF TRANSITION PROVISIONS
if, in the tudgment of the City. Attorney, any of the sections included in this
Article become obsolete by virtue of the completion of all acts required under those
sections, the City Attorney shall so advise the City Council ,,Upon the adoption by
the City Council of a resolution to such effect, the obsolete sections shall be
deemed to have expired, and the City Clerk shall then remove those sections from
the, next printing of this Charter,
ARTICL4XXI MISCELLANEOUS
,SECTION, 2100 VIOLATIONS
A violation of any provision of this Charter shall be a misdemeanor, except
that such violation may be prosecuted as an infraction at the discretion of the
prosecuting authority The City Council shall, by ordinance, establish the penalties
for a violation of this Charter, but in no event shall such penalties exceed the
maximum penalties permitted under State law
Any violation of this Charter may be prosecuted in the name of the People of
the State of California or may be redressed by the City through any legal or
equitable remedies
SECTION,2101 VALIDITY
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Formatted Justified
Deleted SECTION 1500
DEFINITIONS If
Unless the provisions or the context
otherwise requires as used in this
Charter(
(a) Shall" is mandatory and may"
is permissive it
(b) City" is the City of Culver City
and department" board
commission agency" officer" or
employee is a department board
commission agency officer or
employee as the case may
[111]
k Deleted 1501
_
Deleted The violation of arc [112
Formatted
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D I— el— eted 1502
[113]
September 15 2005 Page 76 of 108f Deleted s
Deleted the
f Deleted thereof
t Deleted the
f , Deleted thereby
If any provision, of,this ,Charter, or the application of any Charter proyision,to,
any person or circumstance is held invalid the remainder oflhis Charter and the
application of such provision to other persons or circumstances shall not be
affected,
September 15 2005 Page 77 of 108PART I
THE CHARTER
The Charter is established by the people of the City of Culver City as the organic law of
the City under the Constitution of the State
The Revised Charter of the City of Culver City was approved by the voters on November
6 1979 Filed with the Secretary of State April 9 1982 as Charter Chapter No 9
Section
Article I Name of City
100 Name
Article II Boundaries
200 Boundaries _
Article III Succession
300 Rights and Liabilities
301 Ordinance Continued in Effect
302 Rights of Officers and Employees Preserved
303 Continuance of Present Officers and Employees
304 Continuance of Contracts and Public Improvements
305 Pending Actions and Proceedings
306 Effective Date of Charter
Article IV Power of City
400 Powers of City
401 Procedures
Article V The City Council, City Clerk and City Treasurer
September 15 2005 Page 78 of 108500 City Council Clerk and Treasurer Terms
500 1
500 2 Terms of Council Members
501 City Council Clerk and Treasurer Eligibility
502 Compensation of Elected Officials
503 City Council Clerk and Treasurer Vacancy
504 Council Member Forfeiture of Office
505 Selection of Mayor Duties
506 Powers Vested in the City Council
507 Council Meetings Place Time
508 Special Meetings of Council
509 Council Proceedings
510 Adoption of Ordinances and Resolutions
511 Ordinances Enactments
512 Ordinances Publication
513 Codification of Ordinances
514 Ordinance When Effective
515 Ordinances Violation Penalty
516 Ordinances Amendments
517 Publishing of Legal Notices
518 Citizen Participation
Article VI Officers
600 Officers to be Appointed by the City Council
September 15 2005 Page 79 of 108601 City Clerk Powers and Duties
602 City Treasurer Powers and Duties
603 City Attorney
Article VII Board of Education
700 Number and Term _
701 Board of Education Eligibility
702 Vacancies
703 Officers
704 Special Elections
Article VIII Appointive Boards and Commissions
800 In General
801 Appropriations
802 Appointment Term
803 Existing Boards
804 Meetings Chairman
805 Oaths Affirmations
806 Charter Commissions _
Article IX Civil Service
900 Merit Principle
900 1 City Attorney
901 Appointments from Civil Service Positions
902 Improper Political Activity
903 Prohibitions
September 15 2005 Page 80 of 108Article X Retirement System
1000 Public Employees Retirement System
Article XI General Provisions Relating to Officers and Employees
1100 Official Bonds
1101 Oath of Office
1102 Illegal Contract Financial Interest
1103 Duties of Officers and Employees
Article XII Elections
1200 General Municipal Elections
1201 Special Municipal Elections
1202 Procedure for Holding Elections
1203 Initiative Referendum and Recall
Article XIII Financial and Fiscal Matters
1300 Fiscal Year
1301 Tax System
1302 Tax Limits
1303 Bonded Debt Limit
1304 Contracts for Public Works
1305 Centralized Purchasing
1306 Reserve Funds
1307 Capital Funds
1308 Departmental Trust Fund
1309 Warrants on Treasury
September 15 2005 Page 81 of 1081310 Actions Against City Claim Required
1311 Independent Audit Required
1312 Annual Budget Preparation
1313 Budget Submission to City Council
1314 Budget Public Hearing
1315 Budget Further Consideration and Adoption
1316 Budget Appropriations
Article XIV Franchises
1400 Granting of Franchises
1401 Exercising Rights Without Franchise
Article XV Miscellaneous
1500 Definitions
1501 Violations
1502 Validity
ARTICLE I NAME OF CITY
SECTION 100 NAME
The municipal corporation now existing and known as the City of Culver City shall
remain and continue to exist a body politic and corporate as at present in fact and in law
ARTICLE II BOUNDARIES
SECTION 200 BOUNDARIES
The territory of the City shall be that contained m the boundaries established as of
January 21 1947 and as changed since that date in the manner provided by law
September 15 2005 Page 82 of 108ARTICLE III SUCCESSION
SECTION 300 RIGHTS AND LIABILITIES
The City of Culver City as successor in interest of the municipal corporation of the same
name heretofore created and existing shall own possess control and in every way succeed
to and become the owner of rights and of property of every kind and nature by said existing
municipal corporation owned possessed or controlled and shall be subject to all the debts
obligations liabilities and duties of said existing corporation
SECTION 301 ORDINANCES CONTINUED IN EFFECT
All lawful ordinances resolutions rules and regulations or portions thereof in force at
the time this Charter takes effect and not in conflict or inconsistent herewith are hereby
continued in force until the same have been duly repealed amended changed or superseded
by proper authority
SECTION 302 RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED
Nothing in this Charter contained except as specifically provided shall affect or impair
the civil service pension and retirement rights or privileges of officers or employees of the
City or of any office department or agency thereof existing at the time this Charter takes
effect
SECTION 303 CONTINUANCE OF PRESENT OFFICERS AND EMPLOYEES
The present officers and employees shall without interruption continue to perform the
duties of their respective offices and employments for the compensation provided by the
existing ordinances resolutions rules or laws until the appointment and qualification of
their successors under this Charter and subject to such removal and control as is herein
provided
The members of the City Council and of the Board of Education of the Culver City
Unified School District the City Clerk and City Treasurer in office at the time this Charter
takes effect shall continue in office until the expiration of their respective terms and until
their successors are elected and qualified
SECTION 304 CONTINUANCE OF CONTRACTS AND PUBLIC
IMPROVEMENTS
September 15 2005 Page 83 of 108All Contracts entered into by the City or for its benefit prior to the taking effect of this
Charter shall continue in full force and effect Public improvements for which proceedings
have been instituted under laws existing at the time this Charter takes effect in the
discretion of the City Council may be carried to completion as nearly as practicable in
accordance with the provisions of such existing laws or may be contained or perfected
hereunder
SECTION 305 PENDING ACTIONS AND PROCEEDINGS
No action or proceeding civil or criminal pending at the time when this Charter takes
effect brought by or against the City or any office department or agency thereof shall be
affected or abated by the adoption of this Charter or by anything herein contained but all
such actions or proceedings may be continued notwithstanding that functions powers and
duties of any office department or agency party thereto by or under this Charter may be
assigned or transferred to another office department or agency but in that event the same
may be prosecuted or defended by the head of the office department or agency to which
such functions powers and duties have been assigned or transferred by or under this
Charter
SECTION 306 EFFECTIVE DATE OF CHARTER
This Charter shall be effective when accepted and filed by the Secretary of State
ARTICLE IV POWER OF CITY
SECTION 400 POWERS OF CITY
The City shall have the power to make and enforce all laws and regulations in respect to
municipal affairs subject only to such restrictions and limitations as may be provided in this
Charter and in the State 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
Additionally the City shall have the power to|109| Constitute regulate and govern the City police force
2 Provide for subgovernment in all or any part of the City and
3 Shall have plenary authority subject only to the restrictions of this Charter and
Article XI of the State Constitution to provide the manner in which the method by which
the times at which and the terms for which the several municipal officers and employees
September 15 2005 Page 84 of 108whose compensation is paid by the City shall be elected or appointed and for their removal
and for their compensation and for the number of deputies clerks and other employees that
each shall have and for the compensation method of appointment qualifications tenure of
office and removal of such deputies clerks and other employees
It shall also have the power to exercise any and all rights powers and privileges
heretofore or hereafter established granted or prescribed by any law of the State by this
Charter or by other lawful authority or which a municipal corporation might or could
exercise under the State Constitution
SECTION 401 PROCEDURES
The City shall have the power to act in accordance with any lawful procedure
ARTICLE V THE CITY COUNCIL, CITY CLERK AND CITY
TREASURER
SECTION 500 CITY COUNCIL, CLERK AND TREASURER TERMS
The City Council shall consist of five members elected from the city at large at the times
and in the manner in this Charter provided and who shall serve for a term of four years
The City Clerk and City Treasurer shall be elected from the city at large and shall serve
for a term of four years
The terms of all members of the City Council City Clerk and City Treasurer shall
commence on the first Monday following their election and each shall serve until a
successor is elected and qualified Any ties in voting shall be settled by the casting of lots
SECTION 500 1
The City Clerk and City Treasurer shall be elected at alternate elections
(Amended by Electorate 4 11 00)
SECTION 500 2 TERMS OF COUNCIL MEMBERS
No person shall serve more than two (2) consecutive full terms as council member If a
person serves as partial term in excess of two (2) years it shall be considered full term for
the purpose of this provision This provision shall be effective as of April 1994 All
consecutive council member terms shall be counted for elections held after April 1994
September 15 2005 Page 85 of 108Nothing in this provision shall act as a bar to service as a council member after at least two
(2) years have elapsed from the last full term as council member
(Amended by Electorate 4 12 94)
SECTION 501 CITY COUNCIL, CLERK AND TREASURER ELIGIBILITY
Only a resident of the City who is a lawfully registered voter shall be eligible to hold an
elective office of the City 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
A Candidates for the Office of City Treasurer must meet the following minimum
qualifications
(1) No person shall be eligible for election to the Office of City Treasurer unless
that person has served in a senior financial management position in a county city or other
public agency dealing with similar financial responsibilities for a continuous period of not
less than three years OR
(2) the person possesses at least an Associate of Arts Degree from an accredited
college or university including a minimum of 16 college semester units or equivalent hours
in accounting auditing cash management finance business administration public
administration economics or a related field
B Upon election the following shall apply to the City Treasurer
( I
) The City shall purchase a bond for the City Treasurer as prescribed by the
Culver City Municipal Code if the successful candidate cannot be bonded he/she shall
forfeit his/her office
(2) Any duly elected City Treasurer shall beginning in the year 2000 complete a
valid continuing course of study as prescribed by this section and shall on June 30th of
each two year period render to the City Council a certification indicating that the Treasurer
has during that period successfully completed a continuing education program consisting
of at a minimum 24 units of an equivalent amount of continuing education hours within
the discipline of treasury management or public finance or both offered by a recognized
state or national association institute or accredited college or university The willful or
negligent failure of the Treasurer to comply with this requirement shall be deemed a
violation of this section and shall result in forfeiture of office
(Amended by Electorate 4 11 00)
SECTION 502 COMPENSATION OF ELECTED OFFICIALS
September 15 2005
Page 86 of 108The members of the City Council shall receive compensation for their services in
accordance with the provisions of the State law as set forth in the Government Code
The City Clerk and the City Treasurer shall receive compensation for their services in
accordance with an ordinance or resolution adopted by the City Council which
compensation shall not be diminished after their election or during their terms of office
except by the affirmative votes of at least four members of the City Council
SECTION 503 CITY COUNCIL, CLERK AND TREASURER VACANCY
A vacancy in any elective office of the City shall be filled by appointment by the City
Council such appointee to hold office until a successor is elected and qualified If the
vacancy occurs before the first day to file nomination papers for the next general municipal
election and is not filled at a special election before that day any unexpired term shall be
filled at the general election
If a vacancy is not filled by appointment within 30 days after its occurrence the City
Council shall immediately call a special election to fill the vacancy The election shall be
held not later than 120 days after the occurrence of the vacancy provided that the election
need not be called if it cannot be held at least 180 days before the next general municipal
election A person elected at a special election shall hold office for the remainder of any
unexpired term and until a successor is elected and qualified
SECTION 504 COUNCIL MEMBER FORFEITURE OF OFFICE
The office of a member of the City Council shall be forfeited upon the happening of any
of the following The Council member is absent from all regular City Council meetings for a
period of sixty days without consent of the City Council or the Council Member is
convicted of a crime involving moral turpitude or the Council Member ceases to be a
resident and lawfully registered voter of the City Upon the happening of any of the
foregoing events the office of said Council Member shall become vacant and be so declared
by the City Council
(Amended by Electorate 4 11 00)
SECTION 505 SELECTION OF MAYOR DUTIES
(a) At the first meeting following any general or special municipal election at which
Councilmembers 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 shall serve at the pleasure of the Council The Mayor shall have a voice and a
vote in all its proceedings shall be the official head of the City for all ceremonial purposes
September 15 2005 Page 87 of 108and shall perform such other duties as may be prescribed by this Charter or as may be
imposed by the City Council consistent with the office of Mayor
(b) Selection of Vice Mayor The City Council shall also elect one of its members as
Vice Mayor who shall perform the duties of the Mayor during the absence or disability of
the Mayor
(c) A Councilmember who has held the office of Mayor or Vice Mayor for one year
shall not be eligible for reelection to that same office until one year has elapsed
SECTION 506 POWERS VESTED IN THE CITY COUNCIL
All powers of the City shall be vested in the City Council subject to the provisions of
this Charter and of the Constitution of the State of California
SECTION 507 COUNCIL MEETINGS, PLACE, TIME
The Council Chambers of the City Hall shall be the primary place of all meetings
The City Council by a four fifths vote may order a regular meeting to be held not less
than seven days thereafter at a place within the City other than the Council Chambers
Upon making a finding that the public interest requires it the City Council by a four
fifths vote may order a meeting adjourned to another location within the City and to a time
during the same day on which the order is made
If for any reason it shall be unsafe to meet in the Council Chambers meetings may be
held for the duration of the unsafe condition at a place within the City designated by the
Mayor or by three Councilmembers
At the time an order is made to hold a meeting at a place other than the Council
Chambers the City Clerk shall immediately post conspicuously on or near the outside main
entrance of the Council Chambers a copy of the order and shall maintain the notice so
posted until the meeting is held
REGULAR MEETINGS
The City Council shall hold regular meetings at least twice each month at such times as
it shall fix by ordinance or resolution and may adjourn or readjourn 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
SECTION 508 SPECIAL MEETINGS OF COUNCIL
September 15 2005 Page 88 of 108A special meeting of the Council may be called at any time by the Mayor or by a
majority of the Councilmembers by delivering personally or by mail written notice to each
Councilmember and to each local newspaper of general circulation radio or television
station requesting notice in writing Such notice must be delivered personally or by mail at
least 24 hours before the time of such meeting as specified in the notice The call and notice
shall specify the time and place of the special meeting and the business to be transacted no
other business shall be considered at such meeting Such written notice may be dispensed
with as to any Councilmember who at or prior to the time the meeting convenes files with
the City Clerk a written waiver of notice Such waiver may be given by telegram Such
written notice may also be dispensed with as to any Councilmember who is actually present
at the meeting at the time it convenes
SECTION 509 COUNCIL PROCEEDINGS
Three members of the City Council shall constitute a quorum to do business but a less
number may adjourn from time to time The City Council shall judge the qualifications of its
members as set forth by the Charter and shall judge all election returns Each member of the
City Council shall have the power to administer oaths and affirmations in any investigation
or proceeding pending before the City Council
It shall have the power and authority to compel the attendance of witnesses to examine
them under oath and to compel the production of evidence before It Subpoenas may be
issued in the name of the City and be attested by the City Clerk Disobedience of such
subpoenas or the refusal to testify (upon other than constitutional grounds) shall constitute
a misdemeanor
The City Council shall cause the City Clerk to keep a correct record of all its
proceedings and at the demand of any member or upon the adoption of any ordinance
resolution or order for the payment of money the City Clerk shall call the roll and shall
cause the ayes and noes taken on any question to be entered in the minutes of the meeting
SECTION 510 ADOPTION OF ORDINANCES AND RESOLUTIONS
With the sole exception of ordinances which take effect upon adoption hereinafter
referred to no ordinance shall be adopted by the City Council on the day of its introduction
nor within five days thereafter nor at any time other than at a regular or adjourned regular
meeting At the time of adoption of an ordinance or resolution it shall be read in full unless
after the reading of the title thereof the further reading thereof is waived by unanimous
consent of the Councilmembers present In the event that any ordinance is altered after its
introduction the same shall be reintroduced and not finally adopted except at a regular or
adjourned regular meeting held not less than five days after the date upon which such
ordinance was so reintroduced The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of the foregoing sentence
September 15 2005 Page 89 of 108The affirmative votes of at least three members of the City Council shall be required for
the introduction or enactment of any ordinance or resolution or for the making or approving
of any order for the payment of money
Requirement for Payment of Money Order No order for the payment of money shall be
adopted or made at any other than a regular or adjourned regular meeting
Urgency Ordinances Any ordinance declared by the City Council to be necessary as an
urgency measure for preserving the public peace health or safety and contammg a statement
of the reasons for its urgency may be introduced and adopted at any regular adjourned or
special meeting if passed by at least four affirmative votes
(Amended by Electorate 4 11 00)
SECTION 511 ORDINANCES, ENACTMENTS
In addition to such acts of the City Council as are required by statute or by this Charter to
be by ordinance every act of the City Council establishing a fine or other penalty or
granting a franchise shall be by ordinance
The enacting clause of all ordinances shall be substantially as follows The City Council
of the City of Culver City does ordain as follows
SECTION 512 ORDINANCES, PUBLICATION
The City Clerk shall cause each ordinance within 15 days after its adoption to be
published at least once in a newspaper designated by the City Council
SECTION 513 CODIFICATION OF ORDINANCES
Any and all ordinances of the City which have been enacted and published in the manner
required at the time of their adoption and which have not been repealed may be compiled
consolidated revised indexed and arranged as a comprehensive ordinance code and such
code may be adopted by reference by the passage of an ordinance for such purpose Such
code need not be published in the manner required for other ordinances but not less than
three copies thereof shall be filed for use and examination by the public in the office of the
City Clerk prior to the adoption thereof Subsequent amendments to sections of the code
shall be enacted in the same manner as herein required for the amendment of ordinances
generally
Detailed regulations pertaining to any subject such as the construction of buildings
plumbing wiring or other subjects which require extensive regulations after having been
September 15 2005 Page 90 of 108arranged as a comprehensive code may likewise be adopted by reference in the manner
herein above provided
SECTION 514 ORDINANCE, WHEN EFFECTIVE
No ordinance shall become effective until thirty days from and after the date of its
adoption except the following which shall take effect upon adoption
(a) An ordinance calling or otherwise relating to an election
(b) An improvement proceeding ordinance adopted under some law or procedural
ordinance
(c) An ordinance declaring the amount of money necessary to be raised by taxation or
fixing the rate of taxation or
(d) An emergency ordinance adopted in the manner herein provided
SECTION 515 ORDINANCES, VIOLATION, PENALTY
Violation of an ordinance of the City is a misdemeanor unless by ordinance it is made an
infraction and such violation may be prosecuted in the name of the people of the State of
California or may be redressed by civil action
The City Council by ordinance may fix the penalty by fine or imprisonment or both for
misdemeanors and by fine only for infractions
SECTION 516 ORDINANCES, AMENDMENTS
The amendment of any section or sections of an ordinance may be accomplished solely
by the reenactment of such section or sections at length as amended
SECTION 517 PUBLISHING OF LEGAL NOTICES
The City Council shall designate one newspaper circulated within the City for the
publication of all notices and other matter required to be published in a newspaper A
change to another newspaper shall not be made until a notice of the intention to change is
published in the designated newspaper
Additionally all legal notices or other matter required to be published shall be posted in
at least three public places within the city
September 15 2005 Page 91 of 108The charges for such publications in the designated newspaper shall not exceed the rates
which the general public is charged for similar publications
In the event the designated newspaper is unavailable then the posting in three public
places shall be sufficient
SECTION 518 CITIZEN PARTICIPATION
No citizen shall be denied the right personally or through counsel to present grievances
at any regular or special meeting of the Council or offer suggestions for the betterment of
municipal affairs
ARTICLE VI OFFICERS
SECTION 600 OFFICERS TO BE APPOINTED BY THE CITY COUNCIL
The City Council shall appoint the Chief Administrative Officer and the City Attorney
and all other department heads The powers and duties of department heads shall be
prescribed by ordinance or resolution The City Council by ordinance may create modify or
abolish any department
SECTION 601 CITY CLERK, POWERS AND DUTIES
The City Clerk shall have power and be required to
(a) Attend or ensure the Deputy City Clerk attends all meetings of the City Council
unless excused by the City Council but in no event shall the City Clerk be absent from
Council Meetings for more than sixty (60) consecutive days without the consent of the City
Council without forfeiting his/her office The sixty (60) consecutive day period shall be
computed from the last Regular Council Meeting attended by the City Clerk The City
Clerk or Deputy City Clerk shall record and maintain a full and true record of all the
proceedings of the City Council in books that shall bear appropriate titles and be devoted to
such purposes Such books shall have a general index sufficiently comprehensive to enable a
person readily to ascertain matters contained therein
(b) Maintain ordinance and resolution books into which shall be recorded all City
ordinances and resolutions with the certificate of the Clerk annexed to each thereof stating
the same to be a correct copy giving the number of said ordinances or resolutions and as to
an ordinance requiring publication stating that the same has been published and posted in
accordance with this Charter
(c) Be the custodian of the seal of the City
September 15 2005 Page 92 of 108(d) Administer oaths or affirmations take affidavits and depositions pertaining to the
affairs and business of the City and certify copies of official records
(e) The City Clerk shall have the power to appoint and remove such deputies as are
provided for by the City Council subject to the Civil Service System of the City and the
rules and regulations promulgated thereunder
(Amended by Electorate 4 12 94 Amended by Electorate 4 11 00)
SECTION 602 CITY TREASURER, POWERS AND DUTIES
The City Treasurer shall be the custodian of all public funds belonging to or under
control of the City or of any office department or agency thereof and shall have power and
be required to
(a) Receive and have custody of all moneys receivable by the City from any source
(b) Deposit all moneys received in such depositories as may be designated by
resolution of the City Council and in compliance with all of the provisions of the State
Constitution and laws of the State governing the handling depositing and securing of public
funds
(c) Disburse moneys on demands properly audited in the manner provided for in this
Charter and
(d) Maintain a general accounting system for the City government and each of its
offices departments and agencies
(e) Submit to the City Council through the Chief Administrative Officer a monthly
statement of all receipts and disbursements in sufficient detail to show the exact financial
conditions of the City
(f) Audit and approve before payment all claims and demands or charges against the
City government and with the advice of the City Attorney when necessary determine the
regularity legality and correctness of such claims demands or charges
The City Treasurer shall have the power to appoint and remove such deputies as are
provided for by the City Council subject to the Civil Service System of the City and the
rules and regulations promulgated thereunder
(Amended by Electorate 4 12 94 Amended by Electorate 4 11 00)
SECTION 603 CITY ATTORNEY
September 15 2005 Page 93 of 108To become eligible for appointment as City Attorney the appointee shall have been
admitted to practice as an attorney in all of the State courts of California The City Attorney
shall have power and be required to
(a) Represent and advise the City Council and all City officers in all matters of law
pertaining to their offices
(b) Represent and appear for the City and any City officer or employee or former City
officer or employee in any or all actions and proceedings in which the City or any such
officer or employee in or by reason of his official capacity is concerned or is a party but
the City Council shall have control of all legal business and proceedings and may employ
other attorneys to take charge of any litigation or matter or to assist the City Attorney
therein
(c) Attend all meetings of the City Council unless excused and give opinions in
writing and advice whenever requested to do so by the City Council or by any of the boards
or officers of the City
(d) Approve the form of all bonds given to and all contracts made by the City
endorsing his approval thereon in writing
(e) Prepare any and all proposed ordinances or resolutions for the City and
amendments thereto and
(f) Prosecute on behalf of the people such criminal cases for violations of this Charter
of City ordinances and State laws as in the opinion of the City Attorney or the Chief of
Police require his attention
ARTICLE VII BOARD OF EDUCATION
SECTION 700 NUMBER AND TERM
The Board of Education shall consist of five (5) members elected from the School
District at large for a term of four (4) years
SECTION 701 BOARD OF EDUCATION ELIGIBILITY
Only a resident of the School District who is a lawfully registered voter shall be eligible
to hold office as a member of the Board of Education Candidates for election to such office
must be lawfully registered voters of the School District for the thirty (30) days immediately
preceding the filing of their nomination papers
September 15 2005 Page 94 of 108SECTION 702 VACANCIES
A vacancy in the Board of Education from whatever cause arising shall be filled by
appointment by the Board of Education such appointee to hold office until his/her successor
is elected and qualified
If the vacancy occurs before the first day to file nomination papers for the next Board of
Education election a Board member shall be elected at that election as successor to any
appointee or to fill the vacancy if it has not been filled before said first day for the
remainder of any unexpired term
If the Board of Education does not fill the vacancy within sixty (60) days after the
occurrence of the vacancy it shall call a special election to fill the vacancy to be held not
later than one hundred and twenty (120) days after the occurrence of the vacancy provided
that such special election need not be called if a regular Board of Education election will be
held within one hundred and eighty (180) days from the occurrence of the vacancy
If a vacancy is to be filled or if a successor to an appointee is to be elected at a regular
Board of Education election to fill the remainder of an unexpired term then of the members
elected to the Board of Education at said regular election that member receiving the lowest
number of votes shall be deemed to have been elected to fill the vacancy or to succeed the
appointee if any to the unexpired term Those members receiving the highest number of
votes shall be deemed to have been elected for the regular four year term which normally
commences in that election year
If a member of the Board of Education absents himself/herself from all regular meetings
of the Board for a period of sixty days consecutively from and after the last regular board
meeting attended by such member unless by permission of the Board expressed in its
official minutes or is convicted of a crime involving moral turpitude or ceases to be a
lawfully registered voter and resident of the School District the members office thereupon
shall become vacant and shall be so declared by the Board of Education
SECTION 703 OFFICERS
At the annual organizational meeting of the Board of Education the Board shall elect a
president vice president and clerk and no officer of the Board shall see more than two
consecutive years in the same office
SECTION 704 SPECIAL ELECTIONS
The Board of Education may at its discretion call an election for any reason sanctioned
by law at any time it deems appropriate
September 15 2005 Page 95 of 108ARTICLE VIII APPOINTIVE BOARDS AND COMMISSIONS
SECTION 800 IN GENERAL
The Council shall by ordinance establish boards and commissions enumerated in this
article and such additional boards or commissions as in its judgment are required and may
grant to any board or commission such powers and duties as are consistent with the
provisions of this Charter
SECTION 801 APPROPRIATIONS
The City Council shall appropriate annually sufficient funds for the efficient and proper
functioning of such boards and commissions
SECTION 802 APPOINTMENT, TERM
The members of each of such boards or commissions shall be appointed by the City
Council from the qualified electors of the City none of whom shall hold any paid office or
employment in city government They shall be subject to removal by motion of the City
Council adopted by at least four alternative votes The members thereof shall serve for a
term of four years and until their respective successors are appointed and qualified
(Amended by Electorate 4 11 00)
SECTION 803 EXISTING BOARDS
The members of the boards and commissions holding office when this Charter takes
effect shall continue to hold office thereafter until their respective terms of office shall
expire and until their successors shall be appointed and qualified
SECTION 804 MEETINGS, CHAIRMAN
As soon as practicable following the first day of July of every year each of such boards
and commissions shall organize by electing one of its members to serve as presiding officer
at the pleasure of the board or commission
The City Council shall designate a secretary for each of such boards and commissions
who shall keep a record of its proceedings and transactions and it may provide for
additional compensation therefor Each board or commission may prescribe its own rules
and regulations which shall be consistent with this Charter and shall be subject to the
September 15 2005 Page 96 of 108approval of the City Council Copies of such rules shall be kept on file in the office of the
City Clerk where they shall be available for public inspection
SECTION 805 OATHS, AFFIRMATIONS
Each member of any such board or commissions and the secretary thereof shall have the
power to administer oaths and affirmations in any investigation or proceeding pending
before such board or commission
SECTION 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
(2) Exercise such control over land subdivisions as is granted to it by the governing
body of the City and by the laws of the State of California
(3) Make recommendations concerning proposed public works and for the
clearance and rebuilding of blighted or substandard areas within the City and
(4) Exercise such functions with respect to zoning or building as may be prescribed
by ordinance
B There shall be a Commission consisting of five members which shall have the
power and responsibility including but not limited to
(1) Act in an advisory capacity to the City Council on personnel administration
(2) After a public hearing thereon recommend to the City Council adoption of
amendments or repeal of the civil service rules and regulations
(3)
Make any investigation which it may consider desirable concerning the
administration of personnel in the municipal service and report its findings to the City
Council
(4) Provide a procedure for handling the appeals of any employee in the classified
service who is suspended demoted or removed from his employment Such procedure shall
provide for the employee to have the option of a hearing before the Commission or before a
special hearing officer or board composed of person(s) qualified to hear and make findings
September 15 2005 Page 97 of 108and recommendations on such matters No hearing officer or member of such board shall be
a resident employee or officer of the City
C There shall be a Commission consisting of five members which shall have power
and responsibility including but not limited to
(1) Act in an advisory capacity to the City Council in all matters pertaining to
public parks playgrounds recreation music and cultural activities
ARTICLE IX CIVIL SERVICE
SECTION 900 MERIT PRINCIPLE
Appointments and promotions in the administrative service of the City shall be made
according to merit and fitness to be ascertained so far as practicable by competitive
examination
The Civil Service System adopted by the City Council pursuant to State law and in effect
prior to the effective date of this Charter shall continue in full force and effect unless
changed by ordinance of the City Council or by amendment to the rules and regulations
heretofore approved by the City Council As provided in the State enabling act referred to
above the City Council shall not have the authority to withdraw any departments officers or
employees heretofore placed in Classified Service from the operation of such system either
by outright repeal of the Civil Service ordinance or otherwise unless and until the
withdrawal thereof shall have been submitted to the qualified electors of the City at a regular
or special municipal election held in the City and shall have been approved by not less than
a two thirds vote of the electors voting on such proposition
SECTION 900 1 CITY ATTORNEY
Notwithstanding other provisions of the Charter the position of City Attorney shall be in
the unclassified service
Editor's Note
Approved by the Voters on April 13 1982 Filed with the Secretary of State January 31
1983 as Charter
Chapter No 7
SECTION 901 APPOINTMENTS FROM CIVIL SERVICE POSITIONS
September 15 2005 Page 98 of 108In the event an employee of the City holding a position in the Classified Service is
appointed to a position in the Unclassified Service and should thereafter within two years be
removed or resign therefrom he shall revert to his former position in the Classified Service
upon the same terms and conditions as if he had remained in said position continuously
SECTION 902 IMPROPER POLITICAL ACTIVITY
No officer or employee of the City shall engage in political activities during working
hours
No person shall engage in political activities within facilities used by the City for the
conduct of government business
SECTION 903 PROHIBITIONS
No person shall willfully make any false statements certificate mark rating or report in
regard to any application test certification or appointment held or made under the Civil
Service System or in any manner commit or attempt any fraud preventing the impartial
execution of such Civil Service System or rules and regulations made thereunder
ARTICLE X RETIREMENT SYSTEM
SECTION 1000 PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Plenary authority and power are hereby vested in the City its Council and its several
officers agents and employees to do and perform any act or exercise any authority granted
permitted or required under the provisions of the Public Employees Retirements Law as it
now exists or hereafter may be amended to enable the City to continue as a contracting City
under the Public Employees Retirement System The Council may terminate the contract
with the Board of Administration of the Public Employees Retirement System whereby all
employees are members of the System only under authority granted by ordinance adopted
by a majority vote of the legally registered voters of the City voting on such proposition at
an election at which such proposal is presented
ARTICLE XI GENERAL PROVISIONS
RELATING TO OFFICERS AND EMPLOYEES
SECTION 1100 OFFICIAL BONDS
September 15 2005 Page 99 of 108The Council shall fix by ordinance the amounts and terms of the official bonds of all
officers or employees who are required by ordinance or resolution to give such bonds All
bonds shall be executed by a responsible corporate surety shall be approved as to form by
the City Attorney and shall be filed with the City Clerk Premiums on official bonds shall
be paid by the City
SECTION 1101 OATH OF OFFICE
All officers and employees of the City before they enter upon the duties of their
respective offices shall take and subscribe to the following oath or affirmation
I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California against all
enemies foreign and domestic that I will bear true faith and allegiance to the Constitution
of the United States and the Constitution of the State of California that I take this obligation
freely without any mental reservation or purpose of evasion and that I will well and
faithfully discharge the duties upon which I am about to enter
SECTION 1102 ILLEGAL CONTRACT, FINANCIAL INTEREST
Except as provided by State law officers and employees of the City shall not be
financially interested in any contract made by them in their official capacity or by any body
or board of which they are members
Officers and employees of the City shall not be purchasers at any sale or vendors at any
purchase made by them in their official capacity
The office and employment of an officer or employee shall be forfeited upon conviction
of a violation of this section
SECTION 1103 DUTIES OF OFFICERS AND EMPLOYEES
The City Council by ordinance may assign additional functions or duties to officers
departments or agencies established by this Charter but may not discontinue or assign to
any other office department or agency any function or duty assigned by this Charter to a
particular office department or agency
Where the positions are not incompatible the City Council may combine in one office
the powers and duties of two or more offices created or provided for in this Charter
ARTICLE XII ELECTIONS
September 15 2005 Page 100 of 108 1
SECTION 1200 GENERAL MUNICIPAL ELECTIONS
General Municipal Elections for the filling of all elective offices other than the Board of
Education shall be held in said City on the second Tuesday in April in each even numbered
year The election of members of the Board of Education shall be held in accordance with
State law
Expenses for Board of Education elections shall be paid by the School District
SECTION 1201 SPECIAL MUNICIPAL ELECTIONS
All other municipal elections that may be held by authority of this Charter or of any law
shall be known as special municipal elections
SECTION 1202 PROCEDURE FOR HOLDING ELECTIONS
Unless otherwise provided by this Charter all elections shall be held in accordance with
the provisions of the Elections Code of the State of California as the same now exist or may
hereafter be amended for the holding of elections in general law cities insofar as the same
are not in conflict with this Charter
SECTION 1203 INITIATIVE, REFERENDUM AND RECALL
The right of the initiative and referendum and of the recall of elective officers are
reserved to the electors of the City (unless otherwise provided by ordinance hereafter
enacted) the provisions of the Elections Code of the State of California as amended
governing the initiative referendum and the recall of municipal officers shall apply insofar
as such provisions of the Elections Code are not in conflict with this Charter
(Amended by Electorate 4 11 00)
ARTICLE XIII FINANCIAL AND FISCAL MATTERS
SECTION 1300 FISCAL YEAR
The fiscal year of the City government shall begin on the first day of July of each year
and end on the thirtieth day of June of the following year
SECTION 1301 TAX SYSTEM
September 15 2005 Page 101 of 108Unless otherwise provided by ordinance the City shall continue to use for the purpose of
ad valorem municipal taxation the County system of assessment and tax collection as such
system is now in effect or may hereafter be amended and insofar as such provisions are not
in conflict with this Charter
If the City Council fails to fix the rate and levy taxes on or before August 31 in any year
the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax
at such rate shall be deemed to have been levied on all taxable property in the City for the
current fiscal year
SECTION 1302 TAX LIMITS
Exclusive of special levies permitted by this Charter the City Council shall not levy a
property tax in excess of One ($1 00) Dollar on each One Hundred ($100 00) Dollars of the
assessed value of taxable property in the City for municipal purposes unless authorized by
the affirmative votes of two thirds of the electors voting on the proposition at any election at
which the question of such additional levy for municipal purposes is submitted to the
electors
There shall be levied and collected at the time and in the same manner as other property
taxes for municipal purposes are levied and collected as additional taxes if no other
provision for payment thereof is made
(a) A tax sufficient to meet all liabilities of the City for principal and interest of all
bonds or judgments due and unpaid or to become due during the ensuing fiscal year and
(b) A tax sufficient to meet all obligations of the City to the Public Employees
Retirement System or other system for the retirement of City employees due and unpaid or
to become due during the ensuing fiscal year
Special levies in addition to the above may be made annually based on City Council
approved estimates for the following specific purposes parks recreation refuse disposal
City planning libraries advertising and promotion The proceeds of any such special levy
shall be used for no other purpose than that specified
SECTION 1303 BONDED DEBT LIMIT
The bonded indebtedness of the City may not exceed the sum of fifteen (15%) percent of
the total assessed valuation of all the real and personal property within the City
SECTION 1304 CONTRACTS FOR PUBLIC WORKS
September 15 2005 Page 102 of 108Every public works project to be performed by an independent contractor involving an
expenditure of more than Twenty Five Thousand ($25 000 00) Dollars for the construction
or improvement excluding maintenance and repair of public buildings works streets
drains sewers utilities parks and playgrounds shall be let to the lowest responsible bidder
after notice by publication in the newspaper designated by the City Council pursuant to
Section 517 hereof by two or more insertions the first of which shall be at least ten days
before the time for opening bids
The City Council may reject any and all bids presented and may readvertise in its
discretion
The City Council by four affirmative votes may award such a contract without complying
with bidding procedures provided a public hearing is held on the award of the contract
Notice of the public hearing shall be published as provided hereinabove and shall state the
name of the proposed contractor scope of the contract and compensation Such contract may
be let without advertising for bids and without a public hearing if such work shall be deemed
by the City Council to be of urgent necessity for the preservation of life health or property
and shall be authorized by at least four affirmative votes
SECTION 1305 CENTRALIZED PURCHASING
Under the control and direction of the Chief Administrative Officer there shall be
established a centralized purchasing system for all City departments and agencies The Chief
Administrative Officer shall recommend and the City Council shall consider and adopt by
ordinance rules and regulations governing the contracting for purchasing storing and
distribution of all supplies materials and equipment required by any office department or
agency of the City government
SECTION 1306 RESERVE FUNDS
The City Council shall maintain sufficient cash reserves for the purpose of placing the
payment of operating expenses of the City on a cash basis The reserves shall be built from
any available sources which in combination with anticipated revenues shall be sufficient to
meet all lawful demands against the City Transfers may be authorized by the City Council
from one fund to another fund or funds in such amounts as may be required to place those
funds as nearly as possible on a cash basis In case of such transfers monies shall be
returned to the fund from which they were transferred as they become available
SECTION 1307 CAPITAL FUNDS
The funds for capital improvements generally heretofore created are hereby continued
in existence The City Council by ordinance may create a special fund or funds for a special
capital improvement purpose The Council may levy and collect taxes for capital
September 15 2005 Page 103 of 108improvements and may include in the annual tax levy a levy for such purposes in which
event it must apportion and appropnate 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 authonzed by the affirmative votes of a majority of the electors voting
on the proposition at any election at which such question is submitted The Council may
transfer to any such fund any unencumbered surplus funds remaining on hand in the City at
any time
Once created such fund shall remain inviolate for 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 of the electors voting in favor thereof at a general or special election at which
such proposition is submitted
(Amended by Electorate 4 11 00)
SECTION 1308 DEPARTMENTAL TRUST FUND
The Council may prescribe by ordinance for the setting up of a Treasurer s Departmental
Trust Fund into which the collections by the various departments may be deposited at
frequent intervals during each month with advice of each deposit being furnished to the City
Treasurer Withdrawals from such fund may be made by the City Treasurer only on order
signed by the proper department head and only for purposes set forth in ordinance
establishing the Fund
SECTION 1309 WARRANTS ON TREASURY
This Section of the Charter is repealed
(Amended by Electorate 4 9 96)
SECTION 1310 ACTIONS AGAINST CITY, CLAIM REQUIRED
No suit may be brought on any claim for money or damages against the City or any
Board Commission officer or employee thereof until a claim for the same has been
presented and rejected in whole or in part in accordance with procedures adopted by the City
Council for the regulations of claims subject to the provisions of State law
SECTION 1311 INDEPENDENT AUDIT REQUIRED
The City Council shall employ at the beginning of each fiscal year an independent
qualified public accountant or firm of such accountants who at such time or times as may be
specified by the City Council shall examine the books records inventories and reports of
September 15 2005 Page 104 of 108all officers and employees who receive handle or disburse public funds and all such other
officers employees departments or agencies as the City Council may direct As soon as
practicable after the end of the fiscal year a final audit and report shall be submitted by such
accountant or firm to the City Council one copy thereof to be distributed to each member
one to the City Attorney and the City Treasurer respectively two to the Chief
Administrative Officer and three additional copies to be placed on file in the office of the
City Clerk where they may be available for inspection by the general public and a copy of
the financial statements as of the close of the fiscal year shall be published in a newspaper of
general circulation Such accountant or firm shall have no personal interest direct or
indirect in the fiscal affairs of the City Government or of any of the officers of the City
SECTION 1312 ANNUAL BUDGET, PREPARATION
The Chief Administrative Officer personally or through the Controller if one exists
shall obtain from each head of any department office or agency of the City estimates of
revenues and expenditures for such department office or agency detailed in such manner as
may be prescribed by the Chief Administrative Officer The Chief Administrative Officer
shall review the estimates hold conferences thereon with the department office and agency
heads respectively and prepare such proposed budget as the Chief Administrative Officer
deems advisable
SECTION 1313 BUDGET, SUBMISSION TO CITY COUNCIL
At least forty five days prior to the beginning of each fiscal year the Chief
Administrative Officer shall submit to the City Council the proposed budget as prepared by
him After reviewing the proposed budget and making such revisions as it may deem
advisable the City Council shall determine the time for the holding of a public hearing
thereon and shall cause to be published a notice thereof not less than ten days prior to said
hearing by at least one insertion in a newspaper of general circulation
Copies of the proposed budget shall be available for public inspection in the office of the
City Clerk at least ten days prior to said hearing
SECTION 1314 BUDGET, PUBLIC HEARING
At the time so advertised or at any time to which said public hearing shall from time to
time be adjourned the City Council shall hold a public heanng on the proposed budget at
which interested persons desiring to be heard shall be given such opportunity
SECTION 1315 BUDGET, FURTHER CONSIDERATION AND ADOPTION
September 15 2005 Page 105 of 108At the conclusion of the public hearing the City Council shall further consider the
proposed budget and make any revisions thereof that it may deem advisable and on or before
June 30 it shall adopt the budget with revisions if any by the affirmative votes of at least
three members Upon final adoption the budget shall be in effect for the ensuing fiscal year
A copy thereof certified by the City Clerk shall be filed with the Chief Administrative
Officer and with the Controller if one exists and a further copy shall be placed and shall
remain on file in the office of the City Clerk where it shall be available for public
inspection Copies of the adopted budget shall be made available for the use of departments
offices and agencies of the City
SECTION 1316 BUDGET, APPROPRIATIONS
From the effective date of the budget the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several departments offices and
agencies for the respective objects and purposes therein named All appropriations shall
lapse at the end of the fiscal year to the extent that they shall not have been expended or
lawfully encumbered
Amendment to Budget At any meeting after the adoption of the budget the City Council
may amend or supplement the budget by motion adopted by the affirmative votes of at least
four members
ARTICLE XIV FRANCHISES
SECTION 1400 GRANTING OF FRANCHISES
The City Council by ordinance may grant a franchise to furnish the City and its
inhabitants with any public utility or service and to use the public streets therefor
Before granting any franchise the City Council shall pass a resolution declaring its
intention to grant the same stating the name of the proposed grantee the character of the
franchise and the terms and conditions upon which it is proposed to be granted Such
resolution shall set forth the time and place when and where any person having any
objection to the franchise may appear before the City Council and be heard thereon Council
shall direct the Clerk to publish said resolution at least once within fifteen days of the
passage thereof The time fixed for such hearing shall be not less than twenty nor more than
sixty days after the passage of said resolution
At the hearing the City Council shall proceed to hear and pass upon all protest and its
decision thereon shall be final and conclusive Thereafter It may grant or deny the
franchise subject to the right of referendum of the people
September 15 2005 Page 106 of 108SECTION 1401 EXERCISING RIGHTS WITHOUT FRANCHISE
The exercise by any person firm or corporation of any privilege for which a franchise is
required without procuring such franchise shall be a misdemeanor and each day that such
condition continues to exist shall constitute a separate violation
ARTICLE XV MISCELLANEOUS
SECTION 1500 DEFINITIONS
Unless the provisions or the context otherwise requires as used in this Charter
(a) Shall is mandatory and may is permissive
(b) City is the City of Culver City and department board commission
agency officer or employee is a department board commission agency officer or
employee as the case may be of the City of Culver City
SECTION 1501 VIOLATIONS
The violation of any provision of this Charter shall be deemed a misdemeanor and be
punishable upon conviction by a fine of not exceeding Five Hundred ($500 00) Dollars or by
imprisonment for a term of not exceeding six months or by both such fine and
imprisonment
SECTION 1502 VALIDITY
If any provisions of the Charter or the application thereof to any person or circumstance
is held invalid the remainder of the Charter and the application of such provision to other
persons or circumstances shall not be affected thereby
September 15 2005 Page 107 of 108General Low and Charter Cities
General Municipal Election
April II 2006
L anal 'feet 2005
Cl ed red 10 11 2004)
Is ;tat vs 41 ;Id after the 2005 Legtal t vs e o ee do
Date(a) IE m nus I Action
October 21 E 172 ugoestee L g Day to Fre Pet ion Regard 9M no
December 5 E 127 SuraesteeL 1.Day fo, Cana to AdociR set to'
December 5 to December 19 El 710 113
ElecOon °Flea to Publ sh Nonce of Electron C d d tea 9 Me es
December 12 E 120 Lag Doyle Mop. Reg Mews §ar Can:Wale Sat men
December 19 to January 13 E 113 10 98 RI reg Pero, fv . Nonenaton Paper 00 Land I Slot rre^%
Jane ry /6 if dosed on Janus'''. 13 and Jamul, a dosed on J wary 16/MLA 'I. D y)
December 20 E 112 tams*, Lag Day to Cal Elecoon For 8 11 Man re
December 21 E 111 Sumestes Las. Day to Post Note* of D at for P*ng Arg marts
Jan ary 3 EBB Suosestso LamOayto ReArgurn 14 t 9 1400y her no cgs Eiecten
Jan ary 13 EBB ...wasted Las Day to Fi 5 bung A gone t 0 Day her A% tents
January 13 EBB Lett Day m C II -ego, For Ballot M
January 13 or January 16 EBB Last Day to F teem," ,Won Papa's
January 16 d closod e n Mutely 12 and Janwel. I Al dosed an Jan y 16 , , hiLK .0. Day
January 18 E 63 Last Doyle F I Nomnabon Papers Er'
January 18 E 63 Last Day le We crone Maas rei )tr rt 9, Ilor
January 19 E 62 ceaetayor .ate to Deem 0 de N rt on Boaot
Jan ary 26 E 75 sr to Con el *won to ft ent Candtd ten
January 31 Las Day a F le Catrposn pendeur Ornaments Sem Ann I Oiatement
February 9 E 61 Last C y ...bmit Preoners.,onsol A tons to Coany
February 9 E 61 tigc fed Las Day to Nsgnate Ragtag Matt
February 10 660 uggeste.L a Day T Rawest P g age Check fof Id g f arro413 ast Parnehles
February 13 93 March 26 E g7 to 14 Fling Pro° for Wr a-in Canddate
March E.40 Last C y to File Camp, ge pendittre S.aternen It Pre-elemo Saterncnt
March 13 E '9 Last C y to appoon ea= °frets 5 Polling RI “s
March 13 E 2g F rat D y to Mai out Permanent Absent Voter &gots
Ma ch 13 to Apnt 4 E "9 to 7 Voters M y R gueg Absentee V .• by Ma 1 Ball ts R g lar Apo *on
March 1 621 Las C y ea Mai Sample Bak.% and oll ng Pa. Not
March 7 E 15 Last C y o Reg •er to Vote
March 28 E 14 Last C y to Fel for Write-et Candtdate
March 30 E 12 Last C y a Pll Careagn Dowd lure Satement and P e-elecoo Statement
March 31 E I I LeveStee Las/ Day to Post h. toe Absentee Can
a pn 1 E 10 Put h N toe of Cana* ...wean Place
13 Loot CI y to Sam ot Report on Mao ore io Sauer..., of se
Ape 4 E Last Coy ler Eecton Ofrirn, to Pub' h Not of N rr *es
Ap U4 67 Last C y to F.:, sh Note* o' Jecten Oficers & P g Plaoes
Apn 4 E 7 F tst D y to Process Reaantralloted Absent Vot S out
A pn 5 to Ape 11 E 610 E Erne gencytate Absent Vonng Pared
Ape 10 E 1 Last Coy to our to Adopt Proxd re >o Res ler T V to
April 11 E ELECTION DAY
Ape 11 E Last Cay oa R vase Absont Voter II tot,
Ape 11 E Becton Vic to Can ss Absent Vote 9 Hots
No Later Than May 5 E 4 Ele,ton °No to Ca nvas tne Return cl to 13 are t Res Its
Ape 17 to May 5 At awe g P.O gam CoLx11 WO noose Mayor 0 May Pro Tem
as aware
ROOM
P Went
May 17
to June 4
Assam g
ffe
Last Day F I atement of E-orkorn Irr to
I
Last Coy to F to onlp,agn B pond or &stamen% Sens A ual *gement
ATTACHMENT 2 - APRIL 2006 ELECTION SCHEDULE
WA 74 Chao. C 1951 Wnght C I Anaheom CA 92806 714/939-9866 7149394870
(512 72004
wow Malt h prnan ,Ofe
1
oou@r1 rtnch peen own
September 15 2005
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PART I
THE
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The Charter is established by the people of the City of Culver City as the
organic law of the City under the Constitution of the State
The Revised Charter of the City of Culver City was approved by the voters
on November 6 1979 Filed with the Secretary of State April 9, 1982, as Charter
Chapter No 9
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elame hirohama 8/22/2005 6 29 00 PM304 Continuance of Contracts and Public Improvements
305 Pending Actions and Proceedings
306 Effective Date of Charter
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401 Procedures
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The City Council, City Clerk and City Treasurer
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City Council, Clerk and Treasurer Terms
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500 1
500 2 Terms of Council Members
501 City Council Clerk and Treasurer Eligibility
502 Compensation of Elected Officials
503 City Council Clerk and Treasurer Vacancy
8/18/2005 5 43 00 PM508 Special Meetings of Council
509 Council Proceedings
510 Adoption of Ordinances and Resolutions
511 Ordinances Enactments
512 Ordinances Publication
513 Codification of Ordinances
514 Ordinance When Effective
515 Ordinances Violation Penalty
516 Ordinances Amendments
517 Publishing of Legal Notices
518 Citizen Participation
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Officers to be Appointed by the City Council
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703
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Officers
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704
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Special Elections
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VIII
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Appointive Boards and
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802805
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Oaths, Affirmations
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806 Charter Commissions
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900
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900 1
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City Attorney
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901
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902
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Improper Political Activity
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903 Prohibitions
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1000
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1100
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1101 Page 48 [63] Deleted
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1200
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1201
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1202
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Procedure for Holding Elections
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1203
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Initiative, Referendum and Recall
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1303
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1304
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1501SECTION 300 RIGHTS AND LIABILITIES
The City of Culver City, as successor in interest of the municipal
corporation of the same name, heretofore created and existing, shall own,
possess, control and in every way succeed to and become the owner of rights
and of property of every kind and nature by said existing municipal corporation
owned possessed or controlled and shall be subject to all the debts, obligations
liabilities and duties of said existing corporation
SECTION 301 ORDINANCES CONTINUED IN EFFECT
All lawful ordinances, resolutions, rules and regulations, or portions
thereof, in force at the time this Charter takes effect, and not in conflict or
inconsistent herewith are hereby continued in force until the same have been
duly repealed, amended changed or superseded by proper authority
SECTION 302 RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED
Nothing in this Charter contained, except as specifically provided, shall
affect or impair the civil service, pension and retirement rights or privileges of
officers or employees of the City, or of any office, department or agency thereof,
existing at the time this Charter takes effect
SECTION 303 CONTINUANCE OF PRESENT OFFICERS AND EMPLOYEES
The present officers and employees shall, without interruption, continue to
perform the duties of their respective offices and employments for the
compensation provided by the existing ordinances, resolutions, rules or laws
until the appointment and qualification of their successors under this Charter and
subject to such removal and control as is herein provided
The members of the City Council and of the Board of Education of the
Culver City Unified School District the City Clerk and City Treasurer in office at
the time this Charter takes effect shall continue in office until the expiration of
their respective terms and until their successors are elected and qualified
SECTION 304 CONTINUANCE OF CONTRACTS AND PUBLICSECTION 305 PENDING ACTIONS AND PROCEEDINGS
No action or proceeding civil or criminal, pending at the time when this
Charter takes effect brought by or against the City or any office department or
agency thereof, shall be affected or abated by the adoption of this Charter or by
anything herein contained but all such actions or proceedings may be continued
notwithstanding that functions, powers and duties of any office, department or
agency party thereto, by or under this Charter, may be assigned or transferred to
another office, department or agency, but in that event, the same may be
prosecuted or defended by the head of the office, department or agency to which
such functions powers and duties have been assigned or transferred by or under
this Charter
SECTION 306 EFFECTIVE DATE OF CHARTER
This Charter shall be effective when accepted and filed by the Secretary of
State
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Additionally, the City shall have the power to|109| Constitute, regulate and govern the City police force|109| Provide for subgovernment in all or any part of the City, and
3 Shall have plenary authority subject only to the restrictions of this
Charter and Article XI of the State Constitution to provide the manner in which,
the method by which, the times at which, and the terms for which the several
municipal officers and employees whose compensation is paid by the City shall
be elected or appointed and for their removal and for their compensation, and for
the number of deputies, clerks and other employees that each shall have, and for
the compensation method of appointment, qualifications, tenure of office and
removal of such deputies clerks and other employees
It shall also have the power to exercise any and all rights powers and
privileges heretofore or hereafter established, granted or prescribed by any lawThe City Clerk and City Treasurer shall be elected from the city at large
and shall serve for a term of four years
The terms of all members of the City Council, City Clerk and City
Treasurer shall commence on the first Monday following their election and each
shall serve until a successor is elected and qualified Any ties in voting shall be
settled by the casting of lots
SECTION 500 1
The City Clerk and City Treasurer shall be elected at alternate elections
(Amended by Electorate 4-11-00)
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S OF COUNCIL MEMBERS
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This provision shall be effective as of April 1994 All consecutive council
member terms shall be counted for elections held after April 1994
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(Amended by Electorate, 4-12-94)
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CITY COUNCIL, CLERK AND TREASURER
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A Candidates for the Office of City Treasurer must meet the following
minimum qualifications
(1) No person shall be eligible for election to the Office of City
Treasurer unless that person has served in a senior financial management
position in a county, city or other public agency dealing with similar financial
responsibilities for a continuous period of not less than three years OR
(2) the person possesses at least an Associate of Arts Degree from an
accredited college or university including a minimum of 16 college semester units
or equivalent hours in accounting auditing cash management, finance, business
administration public administration economics or a related field(2) Any duly-elected City Treasurer shall, beginning in the year 2000
complete a valid continuing course of study as prescribed by this section, and
shall on June 30th of each two-year period render to the City Council, a
certification indicating that the Treasurer has, during that period, successfully
completed a continuing education program, consisting of at a minimum, 24 units
of an equivalent amount of continuing education hours, within the discipline of
treasury management or public finance or both, offered by a recognized state or
national association, institute or accredited college or university The willful or
negligent failure of the Treasurer to comply with this requirement shall be
deemed a violation of this section and shall result in forfeiture of office
(Amended by Electorate, 4-11-00)
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as set forth in the Government Code
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The City Clerk and the City Treasurer shall receive compensation for their
services in accordance with an ordinance or resolution adopted by the City
Council, which compensation shall not be diminished after their election or during
their terms of office except by the affirmative votes of at least four members of
the City Council
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CITY COUNCIL, CLERK AND TREASURER
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A vacancy in any elective office of the City shall be filled by appointment
by the
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by delivering personally or by mail written notice to each Councilmember
and to each local newspaper of general circulation, radio or television station
requesting notice in writing Such notice must be delivered personally or by mail
at least 24 hours before the time of such meeting as specified in the notice The
call and notice shall specify the time and place of the special meeting and the
business to be transacted no other business shall be considered at such
meeting Such written notice may be dispensed with as to any Councilmember
who at or prior to the time the meeting convenes files with the City Clerk a written
waiver of notice Such waiver may be given by telegram Such written notice
may also be dispensed with as to any Councilmember who is actually present atSECTION 601 CITY CLERK, POWERS AND DUTIES
The City Clerk shall have power and be required to
(a) Attend or ensure the Deputy City Clerk attends all meetings of the
City Council unless excused by the City Council, but in no event shall the City
Clerk be absent from Council Meetings for more than sixty (60) consecutive days
without the consent of the City Council without forfeiting his/her office The sixty
(60) consecutive day period shall be computed from the last Regular Council
Meeting attended by the City Clerk The City Clerk or Deputy City Clerk shall
record and maintain a full and true record of all the proceedings of the City
Council in books that shall bear appropriate titles and be devoted to such
purposes, Such books shall have a general index sufficiently comprehensive to
enable a person readily to ascertain matters contained therein
(b) Maintain ordinance and resolution books, into which shall be
recorded all City ordinances and resolutions with the certificate of the Clerk
annexed to each thereof stating the same to be a correct copy giving the number
of said ordinances or resolutions and as to an ordinance requiring publication,
stating that the same has been published and posted in accordance with this
Charter
(c) Be the custodian of the seal of the City
(d) Administer oaths or affirmations, take affidavits and depositions
pertaining to the affairs and business of the City and certify copies of official
records,
(e) The City Clerk shall have the power to appoint and remove such
deputies as are provided for by the City Council subject to the Civil Service
System of the City and the rules and regulations promulgated thereunder
(Amended by Electorate 4-12-94 Amended by Electorate 4-11-00)
SECTION 602 CITY TREASURER, POWERS AND DUTIES
The City Treasurer shall be the custodian of all public funds belonging to
or under control of the City or of any office, department or agency thereof andprovisions of the State Constitution and laws of the State governing the handling,
depositing and securing of public funds
(c) Disburse moneys on demands properly audited in the manner
provided for in this Charter, and
(d) Maintain a general accounting system for the City government and
each of its offices, departments and agencies
(e) Submit to the City Council, through the Chief Administrative Officer,
a monthly statement of all receipts and disbursements in sufficient detail to show
the exact financial conditions of the City
(f) Audit and approve before payment all claims and demands or
charges against the City government and, with the advice of the City Attorney,
when necessary, determine the regularity, legality and correctness of such
claims demands or charges
The City Treasurer shall have the power to appoint and remove such
deputies as are provided for by the City Council subject to the Civil Service
System of the City and the rules and regulations promulgated thereunder
(Amended by Electorate, 4-12-94, Amended by Electorate, 4-11-00)
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(b) Represent and appear for the City and any City officer or employee
or former City officer or employee in any or all actions and proceedings in which
the City or any such officer or employee, in or by reason of his official capacity is
concerned or is a party but the City Council shall have control of all legal
business and proceedings and may employ other attorneys to take charge of any
litigation or matter or to assist the City Attorney therein
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, and give opinions in writing and advice whenever requested to do so by
the City Council or by any of the boards or officers of the City
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(d) Approve the form of all bonds given to and all contracts made by
the City endorsing his approval thereon in writingelection that member receiving the lowest number of votes shall be deemed to
have been elected to fill the vacancy or to succeed the appointee, if any to the
unexpired term Those members receiving the highest number of votes shall be
deemed to have been elected for the regular four-year term which normally
commences in that election year
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SECTION 802 APPOINTMENT, TERM
The members of each of such boards or commissions shall be appointed
by the City Council from the qualified electors of the City, none of whom shall
hold any paid office or employment in city government They shall be subject to
removal by motion of the City Council adopted by at least four alternative votes
The members thereof shall serve for a term of four years and until their
respective successors are appointed and qualified
(Amended by Electorate 4-11-00)
SECTION 803 EXISTING BOARDS
The members of the boards and commissions holding office when this
Charter takes effect shall continue to hold office thereafter until their respective
terms of office shall expire and until their successors shall be appointed and
qualified
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SECTION 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
(2) Exercise such control over land subdivisions as is granted to it by
the governing body of the City and by the laws of the State of California(1) Act in an advisory capacity to the City Council on personnel
administration
(2) After a public hearing thereon, recommend to the City Council
adoption of amendments or repeal of the civil service rules and regulations,
(3) Make any investigation which it may consider desirable concerning
the administration of personnel in the municipal service and report its findings to
the City Council,
(4) Provide a procedure for handling the appeals of any employee in
the classified service who is suspended, demoted or removed from his
employment Such procedure shall provide for the employee to have the option
of a hearing before the Commission, or before a special hearing officer or board
composed of person(s) qualified to hear and make findings and
recommendations on such matters No hearing officer or member of such board
shall be a resident employee or officer of the City
C There shall be a Commission consisting of five members which
shall have power and responsibility, including but not limited to
(1) Act in an advisory capacity to the City Council in all matters
pertaining to public parks, playgrounds, recreation, music and cultural activities
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Every public works project to be performed by an independent contractor
involving an expenditure of more than Twenty-Five Thousand ($25,000 00)
Dollars for the construction or improvement, excluding maintenance and repair
of public buildings, works streets drains sewers, utilities, parks and
playgrounds, shall be let to the lowest responsible bidder after notice by
publication in the newspaper designated by the City Council pursuant to Section
517 hereof by two or more insertions, the first of which shall be at least ten days
before the time for opening bids
The City Council may reject any and all bids presented and may
readvertise in its discretion
The City Council by four affirmative votes may award such a contract
without complying with bidding procedures provided a public hearing is held onUnder the control and direction of the Chief Administrative Officer there
shall be established a centralized purchasing system for all City departments and
agencies The Chief Administrative Officer shall recommend and the City
Council shall consider and adopt by ordinance, rules and regulations governing
the contracting for purchasing storing and distribution of all supplies, materials
and equipment required by any office department or agency of the City
government
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the affirmative votes of a majority of the electors voting on the proposition
at any election at which such question is submitted
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of the electors voting in favor thereof at a general or special election at which
such proposition is submitted
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(Amended by Electorate, 4-11-00)
SECTION 1308 DEPARTMENTAL TRUST FUND
The Council may prescribe by ordinance for the setting up of a Treasurer's
Departmental Trust Fund into which the collections, by the various departments,
may be deposited at frequent intervals during each month, with advice of each
deposit being furnished to the City Treasurer Withdrawals from such fund may
be made by the City Treasurer only on order signed by the proper department
head and only for purposes set forth in ordinance establishing the Fund
SECTION 1309 WARRANTS ON TREASURY
This Section of the Charter is repealed
(Amended by Electorate, 4-9-96)
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Council one copy thereof to be distributed to each member, one to the
City Attorney and the City Treasurer respectively two to the Chief Administrative
Officer and three additional copies to be placed on file in the office of the City
Clerk where they may be available for inspection by the general public and a
copy of the financial statements as of the close of the fiscal year shall be
published in a newspaper of general circulation
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Administrative Officer deems advisable
SECTION 1313 BUDGET, SUBMISSION TO CITY COUNCIL
At least forty-five days prior to the beginning of each fiscal year, the Chief
Administrative Officer shall submit to the City Council the proposed budget as
prepared by him After reviewing the proposed budget and making such
revisions as it may deem advisable, the City Council shall determine the time for
the holding of a public hearing thereon and shall cause to be published a notice
thereof not less than ten days prior to said hearing, by at least one insertion in a
newspaper of general circulation
Copies of the proposed budget shall be available for public inspection in
the office of the City Clerk at least ten days prior to said hearing
SECTION 1314 BUDGET, PUBLIC HEARING
At the time so advertised, or at any time to which said public hearing shall
from time to time be adjourned, the City Council shall hold a public hearing on
the proposed budget, at which interested persons desiring to be heard shall be
given such opportunity
SECTION 1315 BUDGET, FURTHER CONSIDERATION AND ADOPTION
At the conclusion of the public hearing the City Council shall further
consider the proposed budget and make any revisions thereof that it may deem
advisable and on or before June 30, it shall adopt the budget with revisions, if
any, by the affirmative votes of at least three members Upon final adoption, the
budget shall be in effect for the ensuing fiscal year A copy thereof, certified by
the City Clerk shall be filed with the Chief Administrative Officer, and with the
Controller if one exists, and a further copy shall be placed, and shall remain on
file, in the office of the City Clerk where it shall be available for public inspection
Copies of the adopted budget shall be made available for the use of
departments offices and agencies of the City
SECTION 1316 BUDGET, APPROPRIATIONSAmendment to Budget At any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by motion adopted by the
affirmative votes of at least four members
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having any objection to the franchise
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, the City Clerk and City Treasurer
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SECTION 1500 DEFINITIONS
Unless the provisions or the context otherwise requires, as used in this
Charter
(a) Shall is mandatory, and may' is permissive,
(b) City is the City of Culver City and 'department, board
commission agency, 'officer or employee is a department, board,
commission agency officer or employee, as the case may be, of the City of
Culver City
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The violation of any provision of this Charter shall be deemed a
misdemeanor and be punishable upon conviction by a fine of not exceeding Five
Hundred ($500 00) Dollars or by imprisonment for a term of not exceeding six
months or by both such fine and imprisonment
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