City of Culver City, California
Parks, Recreation and Community Services Commission Agenda Item Report
Meeting Date: _09/07/10__ Item Number: _A-1__
AGENDA ITEM: Discussion with the City Manager Regarding the Duties and
Responsibilities of the Parks, Recreation and Community Services Commission.
Contact Person/Dept.: Pam Robinson,
Acting PRCS Director
Phone Number: (310) 253-6655
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: (Email) Meetings and Agendas – Parks, Recreation and Community
Services Commission (09/02/10).
Department Approval: Pam Robinson
(08/31/10) (by P. Mooney)
City Attorney Approval: N/A
Chief Financial Officer Approval: N/A City Manager Approval: N/A
RECOMMENDATION:
Staff recommends that the Parks, Recreation and Community Services (PRCS)
Commission discuss the duties and responsibilities of the Parks, Recreation and
Community Services Commission with the City Manager, Mr. John Nachbar, and
receive and file the report.
BACKGROUND:
The duties and responsibilities of the Parks, Recreation and Community Services
Commission are explicitly stated in Chapter 3 of the Culver City Municipal Code
(Attachment A). On April 11, 2006, the voters of Culver City approved a new City
Charter (New Charter) that became effective on July 1, 2006. Among several
significant changes implemented as part of the New Charter, the following provision
related to the City’s Commissions was adopted:
SECTION 1100. IN GENERAL - The City Council may, by Ordinance,
establish and abolish such commissions and boards as it may determine,
from time to time, to be necessary for the effective and efficient governance
of the City, to encourage citizen participation in local government and
maintain positive human relations in the community.
Given this provision in the New Charter, the City Council has the opportunity to
review the City’s Commissions as it considers the existing regulations in the Culver
City Municipal Code (CCMC), as well as current City Council Policies and
Resolutions. In addition, at a facilitated meeting held in February 2007 where all City
Council Members and City Commissioners were invited (and some attended), the
City Council discussed the operations of the City Commissions and considered
several insightful comments by City Commissioners.
City of Culver City, California
Parks, Recreation and Community Services Commission Agenda Item Report
As a result of these meetings, at the May 29, 2007 City Council meeting, the City
Council adopted Resolution No. 2007-R029, thereby adopting City Council Policy
Statement Number 2007-01, entitled “City Commissions,” which provides
Commissioners with a code of conduct, guidelines interaction with the City Council
and staff and other topics (Attachment B). While City Council Policy Statement
Number 2007-01 is an informative and useful guide for Commissioners, the issue of
the duties and responsibilities of the individual Commissions is not addressed in this
document.
Formation of the Council/Commission Subcommittee
On April 8, 2008, a municipal election was held and three community members were
elected as new Council Members and were seated on April 28, 2008. At the May
27, 2008 City Council meeting the Council consensually gave direction to staff to
have each of the Commissions appoint two (2) Commissioners to represent each
Commission as a Council/Commission Subcommittee for the purpose of
representing their Commission in discussions with the Council/Commission
Subcommittee of the City Council regarding Council/Commission/Staff working
relationships.
At the June 3, 2008 Parks and Recreation Commission meeting, the Commission
took action to form a Council/Commission Subcommittee to serve in this capacity.
Chair Cooper and Commissioner Daly Redholtz were selected as the members of
this Subcommittee in order to represent the Parks and Recreation Commission at
future Council/Commission Subcommittee meetings. Currently, Chair Daly Redholtz
and Commissioner Hudson are serving in this capacity.
Ongoing Discussions
For many months, the Commission considered, “Recommendations for Future
Discussions Regarding the Duties and Responsibilities of the Parks, Recreation and
Community Services Commission,” as a recurring Agenda Item due to the ongoing
importance of issues related to the duties and responsibilities and the PRCS
Commission and the Commission’s role and interactions with relation to the City
Council and staff. As a matter of course, a summary of the discussions on these
issues was provided as an Attachment to the report. This record of ongoing
discussions through the April 6, 2010 PRCS Commission meeting is provided as
Attachment C. The discussions are arranged in the subcategories of: (1)
Discussions/comments at PRCS Commission meetings; and (2) Discussions at
Council/Commission Subcommittee meetings. Discussion dates are listed in
reverse chronological order so that the most recent Commission
comments/discussions can be reviewed first.
As noted in Attachment C, former City Manager Mark Scott attended both the
January 5 and March 2, 2010 Commission meetings to discuss the duties and
responsibilities of the PRCS Commission. Subsequently, on April 5, 2010, Mr. Scott City of Culver City, California
Parks, Recreation and Community Services Commission Agenda Item Report
presented a report to the City Council regarding the roles of commissions. In
relation to the PRCS Commission, Mr. Scott recommended that the City Council
direct staff to prepare Amendments to the Culver City Municipal Code relating to the
duties of the Parks, Recreation & Community Services Commission, and update the
Ordinances establishing other Commissions to provide for a common format
(Sections 3.03.005 through 3.03.420). A copy of the April 5, 2010 Council Agenda
Item with (unduplicated) Attachments is provided as Attachment D.
While many of the concerns offered by the Commission members during the
meetings have been addressed, there remains a fundamental issue as to what role
City Commissions should play given the provisions of the new Charter, particularly
the Council-Manager form of government. The PRCS Council/Commission
Subcommittee members have clearly articulated the role and responsibilities they
feel the PRCS Commission should perform. Staff and outside sources (including the
consultant to the Charter Review Committee) have also voiced their views.
July 26, 2010 Special Meeting of the PRCS Commission
On July 8, 2010 the PRCS Commission took unanimous action to call a Special
Meeting in order that the full Commission could attend the July 26, 2010 City Council
meeting to be present for the Council discussion on the role of City Commissions
and provide testimony or answer questions posed by the City Council. An excerpt of
the City Council approved meeting minutes relating to that discussion, Agenda Item
A-6, is provided as Attachment E. Comments made by PRCS Commission
members present at the July 26, 2010 Special Meeting are included in Attachment E
and are also excerpted below:
Laura Stuart, Parks, Recreation and Community Services
Commissioner, suggested creating protocol to improve
communication with the City Manager; discussed parking
decals; and requested a Commission meeting with the new
City Manager.
Vicki Daly Redholtz, Parks, Recreation and Community
Services Commissioner, discussed the process; concern
with communication; bi-monthly subcommittee meetings to
set goals; concern with the possibility of the City
Manager canceling meetings without Commission
consultation; and parking decals.
Marianne Kim, Parks, Recreation and Community Services
Commissioner, expressed concern with the possibility
that the Commission might only meet at the discretion
of the City Manager; concern with staff reports
presented to the City Council that are not consistent
with Commission discussion; jurisdiction over trees and City of Culver City, California
Parks, Recreation and Community Services Commission Agenda Item Report
music entertainment; and clarification regarding usage
of park facilities.
Rick Hudson, Parks, Recreation and Community Services
Commission Chair, noted that the subcommittee had not
met during the last year; discussed scheduling of the
Park Tour; and he reported that the Senior Center,
Skate Park, and Dog Park were running well.
At the discussion’s conclusion, the City Council did not pass any of the proposed
motions and deferred making changes to the structure and function of the City’s
Commissions until such time that staff comes back before the City Council with
additional information and proposals, most specifically with relation to the role of the
Civil Service Commission.
DISCUSSION:
While the Council and Commission Subcommittees have engaged in informative and
productive meetings to address these issues, the fundamental question of what role
City Commissions, Boards and Committees will have under the provisions of the
new Charter, is a policy decision that has yet to be determined by the City Council.
Due to the important nature of this issue, the Commission may wish to discuss the
duties and responsibilities of the Parks, Recreation and Community Services
Commission with the recently appointed City Manager, Mr. John Nachbar, since he
is present at this evening’s meeting
FISCAL ANALYSIS:
There is no fiscal impact associated with the discussion of this Agenda Item.
ATTACHMENTS:
A. Sections of the Culver City Municipal Code Relating to the Parks, Recreation and
Community Services Commission
B. Resolution Number 2007-R029 adopting City Council Policy 2007-01: “City
Commissions”
C. Summary of Previous PRCS Commission and Council/Commission
Subcommittee Discussions on the Commission’s Duties and Responsibilities
D. April 5, 2010 Council Agenda Item A-2, ”A Report from the City Manager Related
to the Council/Commission Subcommittee regarding the Role of Commissions,”
with (unduplicated) Attachments
E. Excerpt of the Approved Meeting Minutes Relating to July 26, 2010 Council
Agenda Item A-6 City of Culver City, California
Parks, Recreation and Community Services Commission Agenda Item Report
MOTIONS:
That the Parks, Recreation and Community Services Commission:
1. Discuss the duties and responsibilities of the Parks, Recreation and Community
Services Commission with City Manager Mr. John Nachbar; and,
2. Receive and file the report.
MEETING DATE: September 7, 2010
AGENDA ITEM: Discussion with the City Manager Regarding the Duties
and Responsibilities of the Parks, Recreation and
Community Services Commission.
ATTACHMENTS
Pages
A. Sections of the Culver City Municipal Code Relating to the
Parks, Recreation and Community Services Commission
1 - 2
B. Resolution Number 2007-R029 adopting City Council
Policy 2007-01: “City Commissions”
3 - 10
C. Summary of Previous PRCS Commission and
Commission/Council Subcommittee Discussions on the
Commission’s Duties and Responsibilities
11 - 16
D. April 5, 2010 Council Agenda Item A-2, ”A Report from the
City Manager Related to the Council/Commission
Subcommittee regarding the Role of Commissions,” with
(unduplicated) Attachments
17 - 30
E. Excerpt of the Approved Meeting Minutes Relating to July
26, 2010 Council Agenda Item A-6
31 - 36
Page 1
ATTACHMENT APage 21|10101010101010|RESOLUTION NO. 2007-R 029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA , AND ADOPTING CITY
COUNCIL POLICY STATEMENT 2007- 01 RELATED TO
CITY COMMISSIONS
WHEREAS , on May 29, 2007 at a regularly scheduled meeting of the City
Council, the City Council discussed a proposed policy related to the City' s Commissions;
and
WHEREAS, the proposed policy reflects items which surfaced during a
Special City Council Meeting held on February 24, 2007 which involved participation from
the City Council, members of the City's Commissions, members of the City's Executive
Management team, and members of the public; and
WHEREAS , through adoption of the policy attached hereto as Exhibit "A," the
City Council desires to address the important issues discussed at the facilitated meeting on
February 24, 2007 and provide consistent guidance to Commissions, their members and
City Staff related to the operations of the City's Commissions and the standard of conduct
for Commission appointees.
NOW, THEREFORE , the City Council of the City of Culver City, California,
DOES RESOLVE as follows:
1. The City Council hereby adopts City Council Policy Statement No.
2007- 001 , entitled, "City Commissions," which City Council Policy Statement is attached
hereto as Exhibit "A" to this resolution.
2. City Council Policy Statement No. 2007-01 shall be effective on July 1,
2007.
-1- 2007-R029
30
Page 3
ATTACHMENT B1|10101010101010|3. The City Manager is hereby authorized to format this policy statement in a
format consistent with other City Council Policy
Statements and shall include the final
version of this City Council Policy Statement with other adopted City Council Policy
Statements.
4. The City Manager shall distribute this City Council Policy Statement to
interested parties, which include, but are not limited to: the City's Commissions and City
Staff.
APPROVED and ADOPTED this 29th day of May 2007.
ALAN CORLIN, MAYOR
City of Culver City, California
CHRISTOPKER ARNMENTA, City Clerk
-2- 2007-R029
30
Page 4City Council Adopted Policy 2007-01
Adopted by Resolution No. 2007
-Ro29 on May 29, 2007
Subject Matter : City Commissions
PURPOSE
The purpose of this policy is to provide general guidelines on topics related to the
City's Commissions. At the time of this policy's adoption by the City Council, the
following four Commissions existed:
• Parks and Recreation Commission
• Planning Commission
• Civil Service Commission
• Cultural Affairs Commission
This Policy shall apply to all Commissions, both existing at the time of the
adoption of this Policy and subsequent thereto and shall be consistent with the
City Charter and other applicable laws.
BACKGROUND
This policy is a result of the facilitated meetings held in February, 2007 during
which the City Council met with members of the City's Commissions and
Executive Management. This policy addresses various issues raised during
these meetings by City Councilmembers, City Commissioners, and Executive
Management.
GENERAL ROLE OF THE CITY'S COMMISSIONS
The City of Culver City prides itself on the participatory nature of its local
government . The City' s Commissions play an important role in the efficient
governance of the City, and provides interested community members with the
opportunity to serve their fellow citizens.
As advisory bodies to the City Council, the Commissions' advice on topics within
their purview, combined with factual research performed by City Staff, provide
the City Council with a more complete picture of many issues. In the role of
advisors to the City Council, Commissions administer policies adopted by the
City Council. From time to time, Commissions may be asked to interpret and
enforce City Council adopted policy. However, unless expressly provided the
authority to do so by the City Council, Commissions shall not make policy.
COMMISSIONER CODE OF CONDUCT
As representatives of the City Council and the City, it is important that
Commissioners set an example of conduct appropriate for their key roles.
Therefore, Commissioners are required to adhere to the following:
Page 1 of 5
2007-R029
Page 5Preparation for Meetings
It is necessary for Commissioners to be prepared to discuss the items on the
Agenda. Therefore, Commissioners should, whenever possible, be provided with
agenda packets at least three business days prior to the meeting date.
Questions should be posed to staff prior to the meeting to allow staff the time
necessary to prepare and provide responses.
Punctuality/Attire
As part of making the City's government as open and accessible to the public as
possible, the City Council has directed that meetings of all Commissions shall
generally be televised. This, coupled with the public nature of the Commission
meetings, makes it important for Commissioners to begin meetings on time.
Further,
when attending official City events, including monthly Commission
meetings, Commissioners shall be appropriately attired.
Business casual shall
be the generally acceptable mode of attire.
Conduct at Meetings
In compliance with the State 's Open Meetings Law, commonly known as "The
Brown Act ," Commissions can only take action on items that appear on the
Agenda . Commissioners wishing to have an item agendized for discussion must
obtain a majority of Commissioners ' support to place an item on a future agenda.
Commissioners who believe they may have a concern related to Brown Act
compliance shall consult with the City Attorney.
While considering items at Commission meetings, disagreements may arise
which is normal and part of the process in a participatory government. However,
it is important that Commissioners conduct meetings with proper decorum and
respect.
To facilitate proper decorum, Roberts Rules of Order shall be the parliamentary
standard when conducting meetings.
Fair and Unbiased Consideration of Issues
Pursuant to the letter and spirit of the Brown Act and appropriate ethical
standards, Commissioners shall approach items before the Commission in a fair
and unbiased manner. Consistent with this requirement, Commissioners shall
conduct themselves in an appropriate manner at all times, including prior to and
during meetings and while in contact with the press and members of the public.
Role of the Chair
The Chair is the presiding officer of the Commission meeting. In that role, the
Chair is responsible for maintaining order and decorum. The Chair calls the
meetings to order, recognizes speakers, and manages the agenda. It is also the
Chair's responsibility to ensure the person who has the floor is given the attention
of other members and the public and is allowed to speak without undue or
inappropriate interruption and members of the Commission, those addressing the
Commission, and members of the Public are treated with due respect.
Page 2 of 5
2007-R029
Page 6During certain proceedings, such as an official Public Hearing, legal procedures
are in place to ensure all persons are able to address a Commission during
consideration of an Agenda Item. The Chair is responsible for guiding the
Commission's discussion in accordance with the procedures either contained in
the staff report or reported by staff.
Meeting Minutes
Meeting minutes are an important summary of the actions taken by the
Commission on items that appear on the Commission Agenda (Action Minutes).
They are not meant to capture each word (Verbatim Minutes). To facilitate more
rapid production and transmittal of the minutes, Staff shall prepare and
Commissions shall approve Action Minutes similar to those produced for the City
Council meetings.
Commissioners or members of the public interested in
additional information
may seek a copy of the audio/video recording of the
meeting.
With the adoption of this standardized form of minutes, it shall be the goal of
each Commission to consider approval of their minutes at the next regularly
scheduled meeting of their Commission.
Commissioner Misconduct
As appointees of the City Council, Commissioners serve at the pleasure of the
City Council. Violations of this Code of Conduct shall be handled in the following
manners:
(1) Minor Misconduct: Issues will be reported to the Department Head of
the department that provides staff support to the Commission. The
Department Head shall then attempt to resolve the issue with the City
Council Liaison, Commission Chair, and Commissioner.
(2) Major Misconduct: Issues of this level will involve the City Council
Liaison, Commission Chair, and the City Manager's Office.
In the case misconduct involves the Commission Chair, the Commission Vice
Chair shall act in-lieu of the Chair
Additionally, the City Manager shall report Commissioner misconduct to the City
Council.
Commissioner Attendance and Forfeiture of Commission Seat
Annually, in May, the City Manager shall provide the City Council with a summary
of attendance by Commissioners at Commission meetings.
The Municipal Code provides for the following:
"Any Commissioner who is absent from three (3) consecutive
meetings of the Commission or a total of five (5) meetings in any
six (6) month period shall thereby automatically forfeit his
membership in said Commission, provided, however, that there
shall be no such forfeiture in the event of any of the following:
Page 3 of 5
2007-R029
Page 7A. When a Commissioner is unable to attend due to illness or
physical incapacity.
B. When a Commissioner is unable to attend because of
business or vacation.
C. When the City Council has determined before forfeiture that
an absence is justified."
COMMISSION INTERACTION WITH THE CITY COUNCIL
One common theme discussed at the facilitated meetings was the importance of
having regular interaction between the City Council and Commissioners.
Therefore, the following shall be scheduled:
• Annual Joint Meeting of all Commissions with the City Council (at the
regularly scheduled Commission meetings in September of each year);
and
• Designation of a Council Liaison to each Commission in April of each year
(with the Mayor functioning as an alternate).
Appeal to City Council of Commission Decisions
The various appeal schedules are mentioned in various sections of the City Code
and currently vary from Commission to Commission . The City Manager is
directed to prepare a proposed unified appeal process for consideration by the
City Council within 60 days of the date of the adoption of this Policy.
COMMISSION INTERACTION WITH THE CITY STAFF
One of City Staff's many roles is to provide information to the Commissions. As
part of maintaining proper decorum and respect, Commissioners shall interact
with staff with proper politeness and courtesy. Whenever possible, issues and
concerns of Commission Members and/or City Staff shall be addressed to the
Department Head of the department that provides staff support to the
Commission. Should resolution not be reached after consultation with the
Department Head, Commission Members may consult with the City Manager's
Office.
Commissions, as bodies, and individual Commissioners may make routine
informational requests to City Staff that do not require significant research or
other allocation of staff resources. Neither Commissions nor individual
Commissioners shall provide direction to City Staff (other than to place items on
future Agendas). Agenda item requests which require the dedication of
significant time resources shall not be undertaken without the approval of the
Department Head and/or the City Manager. Major policy items may also be
presented to the City Council for consideration and direction prior to allocation of
staff resources by the City Manager.
Page 4 of 5
2007-R029
Page 8COMMISSIONER TRAINING/ORIENTATION
Commissioner Training/Orientation is important to prepare new commissioners
for the key role they play. Ongoing training for Commissioners is also important
to keep Commissioners abreast of the latest developments in their field(s).
New Commissioner Training
The City Manager and City Attorney are hereby directed to immediately develop
and implement a New Commissioner Training Program which will provide new
commissioners with training in the following basic areas:
• General City Operations
• The State Open Meetings Law (The Brown Act)
• General Parliamentary Procedure (Roberts Rules ) and Etiquette
• Ethics (AB 1234) - Including proper use of Commissioner Title and
Business Cards
• Electronic Voting System
Existing Commissioner Training and Ongoing Training
The City Council shall consider funding that would provide ongoing training to
Commissioners during the fiscal year . Commissioners are encouraged to
recommend applicable training for inclusion in future year budgets . This training
should include training specific to the area of responsibility of the Commission.
One source of important and credible training is the League of California Cities.
Page 5 of 5
2007-R029
Page 9STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CULVER CITY
I, Ela Valladares, Deputy City Clerk of the City of Culver City, California,
do hereby certify that the foregoing Resolution No. 2007-RO29 was duly and
regularly adopted, passed, and approved by the City Council of the City of
Culver City, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the 29th May, 2007, by the following
Councilmember vote:
AYES: Gross, Rose, M
NOES: None
ABSTAIN: None
ABSENT: None
alsin, Silbiger, Corlin
Dated thiso;( day of July, 2007
Ela Valladares
Deputy City Clerk and Ex-Officio Clerk of the City Council
City of Culver City, State of California
Page 10Summary of Previous PRCS Commission and Council/ Commission Subcommittee
Discussions on the Commission’s Duties and Responsibilities
PARKS, RECREATION & COMMUNITY SERVICES COMMISSION MEETING DISCUSSIONS
April 6, 2010 PRCS Commission Meeting
The PRCS Commission discussed the issue and reached consensus that this Agenda Item
should be removed from the Commission Agenda until such time that discussions between
the City Council and the PRCS Council/Commission Subcommittee resumed.
March 2, 2010 PRCS Commission Meeting
Mark Scott, City Manager, discussed changes to the City ordinance for Commissions related
to changes in the Charter with the conversion to a Council/Manager form of government,
defining community service, and being cognizant of budget considerations. Discussion
between Staff and the Commission included: the addition of “sexual orientation” under
“powers and duties,” item B; defining open space programs, a credible process for tree
issues, and the inclusion of Blair Hills.
January 5, 2010 PRCS Commission Meeting
Mark Scott, City Manager, provided his thoughts on the duties and responsibilities of the
Commission and he discussed: upcoming items; the General Plan process; liaison
committees; and roles of the City Council and City Manager.
December 1, 2009 PRCS Commission Meeting
Staff provided a summary of the material of record. Chair Daly Redholtz questioned when
the item would be agendized, what the next procedures were, and she requested information
from the City Manager as to what the plan is.
November 5, 2009 PRCS Commission Meeting
Bill La Pointe, Director of Parks, Recreation and Community Services, reported that
discussions would take place in December.
October 6, 2009 PRCS Commission Meeting
Discussion between staff and the Commission included: scheduling the next
Council/Commission subcommittee meeting; confirmation that the requested letter was sent
to the City Manager; and procedures for letters sent by staff.
September 1, 2009 PRCS Commission Meeting
At the September 1, 2009 PRCS Commission meeting, the following action was taken:
Page 11Summary of Previous PRCS Commission and Council/ Commission Subcommittee
Discussions on the Commission’s Duties and Responsibilities
MOVED BY COMMISSIONER STUART, SECONDED BY COMMISSIONER GREENE,
AND UNANIMOUSLY CARRIED THAT THE PARKS, RECREATION AND
COMMUNITY SERVICES COMMISSION REQUEST STAFF TO SEND A
COMMUNICATION TO THE CITY MANAGER TO REQUEST THE CITY COUNCIL
TO RESOLVE THE ISSUES OF THE COMMISSION’S DUTIES AND
RESPONSIBILITIES AND ADD IN CONSIDERATION OF COMMENDATIONS AND
CERTIFICATES OF APPRECIATION.
August 4, 2009 PRCS Commission Meeting
At the August 4, 2009 PRCS Commission meeting Chair Daly Redholtz clarified that the
references to proper “business casual” attire in the attached policy statement are specific to
Commission meetings and that casual attire is acceptable for scheduled park tours.
July 7, 2009 PRCS Commission Meeting
At the July 7, 2009 PRCS Commission meeting Chair Daly Redholtz clarified for newly-
seated Commissioners Stuart and Greene that this report will be on each month’s
Commission agenda because the Commission’s Council/Commission Subcommittee is
engaged in an ongoing dialogue with the City Council’s Council/Commission Subcommittee
and staff.
June 2, 2009 PRCS Commission Meeting
At the June 2, 2009 PRCS Commission meeting Vice Chair Daly Redholtz reported on the
May 12, 2009 Council/Commission Subcommittee meeting, noting that the Commission
would not be directly involved with the development of PRCS Department fees and charges,
as that is currently the role of the City Council. She also stated that there would be nothing to
report on regarding the ongoing discussions between the Council/Commission
Subcommittees until after a meeting with the new City Manager.
March 3, 2009 PRCS Commission Meeting
At the March 3, 2009 meeting, the Commission received a (brief) summary of the points
discussed at the Council/Commission Subcommittee meetings held on September 23,
October 21 and October 29, 2008 was provided to the Commission (Attachment C). During
the discussion, Council/Commission Subcommittee members stated, and received
consensus from the Commission, that this dialogue between the subcommittees of the City
Council and the PRCS Commission should be ongoing. It was agreed that the process of
clarifying the Commission’s “Powers and Duties” had just begun and the Commission’s role
needed to be more fully developed and further defined.
Page 12Summary of Previous PRCS Commission and Council/ Commission Subcommittee
Discussions on the Commission’s Duties and Responsibilities
February 3, 2009 PRCS Commission Meeting
At the February 3, 2009 meeting, the sections of the Culver City Municipal Code relating to
the Parks, Recreation and Community Services Commission were provided to the
Commission for review and discussion (Attachment B).
January 6, 2009 PRCS Commission Meeting
At the January 6, 2009 Parks, Recreation and Community Services Commission, meeting
there was Commission consensus that the duties and responsibilities of the PRCS
Commission (formerly the “Parks and Recreation Commission”), as stated in the Culver City
Municipal Code, be brought before the Commission for discussion.
October 7, 2008 PRCS Commission Meeting
At the October 7, 2008 PRCS Commission meeting, the members of the Commission’s
Council/Commission Subcommittee more fully informed the rest of the Commission regarding
the issues that were discussed at the September 23, 2008 Council/Commission
Subcommittee Meeting including:
o Communication
o Sensitivity
o Role of the Commission
o Responsiveness in getting recommendations back to staff and/or City Council
o Format of the meeting minutes
o The provision of water at the Commission meetings for Commissioners
COUNCIL/COMMISSION SUBCOMMITTEE MEETING DISCUSSIONS
May 12, 2009 Council/Commission Subcommittee Meeting
At the May 12, 2009 meeting, Council/Commission Subcommittee members from the City
Council and PRCS Commission met with City staff, including City Attorneys Heather Baker
and Roland Miranda, Assistant City Manager Martin Cole and PRCS Director Bill La Pointe.
Vice Chair Daly-Redholtz and Commissioner Cooper raised the above noted concerns
discussed at the Commission Subcommittee meeting of April 10, 2009 for consideration by
the Council Subcommittee and eventually the City Council. The Commissioners gave
particular emphasis to the following:
• That the Commission be more involved in the development of PRCS fees and
charges; and
• That the Commission should be more involved in the recommendation to City Council
and approval of large-scale special events happening in PRCS facilities and parks.
Page 13Summary of Previous PRCS Commission and Council/ Commission Subcommittee
Discussions on the Commission’s Duties and Responsibilities
April 10, 2009 PRCS Commission – Council/Commission Subcommittee Meeting
At the April 10, 2009 meeting of the Commission’s Council/Commission Subcommittee, Vice
Chair Daly Redholtz and Commissioner Cooper reviewed the following points which had
been brought forward at the March 3
rd
Commission meeting. It was the consensus of the
Commission at that time that these items relating to the “Powers and Duties” of the
Commission should be brought to the attention of the Council’s Council/Commission
Subcommittee and the full City Council:
• Sex and Age Discrimination: Age and sexual orientation should be added to the
Commission’s “Powers and Duties” under the programs and plans designed to
promote full acceptance of all citizens.
• Playground Maintenance: Under “E” in the current “Powers and Duties,” the phrase
“to study and, from time to time, make recommendations for the proper care and
maintenance of playgrounds…” is too vague; this needs to be clarified.
• Trees: It is important that the appeals process for citizens who want to plant different
types of trees and/or remove trees on City property or the public right-of-way continues
to be within the Commission’s purview.
• Fees: The Commission would like more consistency with regard to when policies
regarding fees should be considered by the Commission before being recommended
to the City Council. Perhaps the Commission’s “Powers and Duties” should be revised
to include a section regarding to the Commission’s role in recommending fees and fee
policies to the City Council.
• Commissioner Attendance: The process to relieve someone from service on the
Commission due to poor attendance should be outlined in the Municipal Code.
• Parking decals: The members of the Commission would like to have parking decals
that permit them to park at City facilities.
• Human Relations/Community Services: Clarification is needed as to what the
Commission should be looking at in terms of issues/complaints/policies.
April 7, 2009 PRCS Commission Meeting
At the April 7, 2009 meeting, Council/Commission Subcommittee members indicated that the
minutes of the March 3
rd
meeting relating to this item did not reflect important details of the
discussion. As requested by the Commission, the meeting minutes were revised and have
been re-submitted for approval at this evening’s meeting.
Page 14Summary of Previous PRCS Commission and Council/ Commission Subcommittee
Discussions on the Commission’s Duties and Responsibilities
September 23 and October 21 & 29, 2008 Council/Commission Subcommittee Meetings
Role:
• The Commission’s duties are quite diverse and broad.
• Advise on policy matters relating to parks, recreation and community services, and in
other specific matters as directed by the Council.
• Commission is eyes and ears of the community.
• Commission subcommittee believes it should continue to handle the requests for tree
removal in the public right-of-way.
• Commission feels it is being asked to “rubber stamp” items.
• Commission feels it has been “bypassed” on several issues that fall within its purview.
• Suggestion that Commission be utilized earlier in the process.
• Commission believes music and entertainment in the parks that is part of a City-wide
event is within Commission’s purview.
• Language in CCMC relating to the “human relations” role of the Commission should
include age and sexual orientation and should encourage involvement of the diverse
community in PRCS programs.
Communication:
• Commissioners would like to have clear and specific communication from Council as
to what is expected of them regarding specific issues on which the Council would like
advice and recommendations.
• Commission would like to see the PRCS related Committees (i.e. Fiesta and MLK)
give reports to the Commission and not only the Council. Would like to see the public
receive more education on the role of the Commission.
• Commission would like the Council to be more informed about the dates of all of the
Commission meetings.
• Council should receive status reports as to what the Commission is doing.
• Communication with Council as to a realistic timeframe to get issues/items through the
Commission process before returning to Council.
Responsiveness:
• Suggestion that the Commission move its items along in good time and not
unnecessarily push items to a future time or deliberate too long on items, thereby
causing the Council to wait for them longer than necessary.
• Commission feels challenged in trying to get the reports and information it needs to be
able to give input to the Council in a timely manner.
• Commission concerned about artificial deadlines.
• Commission Subcommittee would like to see a police setting forth the length of time to
respond to Commission emails.
Page 15Summary of Previous PRCS Commission and Council/ Commission Subcommittee
Discussions on the Commission’s Duties and Responsibilities
Minutes:
• Commission is not satisfied with “action” minute format.
• Suggests that the minutes reflect something of the reasoning of the Commission in
arriving at a decision and not just the vote. (This has been summarily handled through
the recently established Commission process of delegating comment to Council by two
appointed Commissioners on items that have already been discussed and decided
upon.)
Other:
• Commissioners should have bottled water provided for them at meetings.
• Absence from meetings needs to be addressed.
• Commission subcommittee does not believe parking decals should be taken away.
Page 16 City of Culver City, California
Agenda Item Report
Meeting Date: 04/05/2010 Item Number: A-2
CITY COUNCIL AGENDA ITEM: A Report from the City Manager Related to the
Council/Commission Subcommittee regarding the Role of Commissions.
Contact Person/Dept.: Mark Scott Phone Number:
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [] Date: _______________
Public Notification: Agendas and Meetings – City Council (04/01/10); Civil Service
Commission, Cultural Affairs Commission, Parks, Recreation and Community Services
Commission and Planning Commission (04/01/10)
Department Approval:
Mark Scott (04/01/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/01/10)
Chief Financial Officer Approval:
Mark Scott (04/01/10)
City Manager Approval:
Mark Scott (04/01/10)
RECOMMENDATION:
Staff recommends that the City Council receive this report from the City Manager
related to the Council/Commission Subcommittee regarding the role of
Commissions. Staff further recommends 1) that the City Council direct staff to
prepare amendments to the Culver City Municipal Code (CCMC) as it relates to
“duties” of the Parks, Recreation and Community Services Commission, and to
update the ordinances establishing other commissions to provide for a common
format; and 2) that the City Council move forward with discussions with the Civil
Service Commission to bring their duties into conformance with the City Charter
sections relating to the City Manager’s administrative authorities.
BACKGROUND:
Following voter approval of the Charter of 2006 (New Charter), the City Council
established a Council Subcommittee on Commissions (the “Council Subcommittee”).
The Council Subcommittee’s task was to meet with subcommittees from the various
City Commissions (collectively, the “Commissions”) to discuss their operations,
staff/commission working relationships, and better define the Commissions’ roles
and duties. In particular, there was an interest in bringing the provisions of the
CCMC relating to the various commissions into conformance with the Council-
Manager form of government as established by the New Charter.
Mayor Weissman and Councilmember Silbiger have served on the Council
Subcommittee for the past two years, after assuming the role from a different
subcommittee assigned by the previous City Council. Over that time period,
numerous discussions have been held among the Council Subcommittee,
Page 17
ATTACHMENT D City of Culver City, California
Agenda Item Report
Commission subcommittees and staff. Some of the discussions related to
maximizing the working relationships. Many of the ideas from those discussions
have already been implemented and other improvements are a work in progress.
The effort to get conformance between the defined role and duties of the
Commissions in the CCMC with the provisions of the New Charter (specifically, the
Council-Manager form of government) has been ongoing. In December 2009, the
City Manager was asked for input on how to make the language more appropriate.
Following discussion by the Council Subcommittee, the City Manager was asked to
meet with two of the commissions – Parks, Recreation & Community Services
(PRCS) and Civil Service – to seek consensus on new language. In particular, the
City Manager and Council Subcommittee members felt that the CCMC still reflected
the former Council-CAO organization and granted duties and authorities to
commissions that are in direct conflict with those of the City Manager. The City
Manager made presentations at regularly scheduled meetings of the two
Commissions for the purpose of seeking new language.
Parks, Recreation & Community Services – The City Manager met with the PRCS
Commission in January and March during the Commission’s regularly scheduled
meetings. After considerable discussion, there was mutual agreement to adopt new
language, as shown in Attachment 1. The PRCS Commission voted unanimously to
support this new language.
Civil Service Commission – The City Manager was unable to schedule a date with
the Civil Service Commission until March. At that meeting, the Commissioners
listened to a presentation, but took no action. The members expressed a desire to
talk to the City Council and to the new City Manager before proceeding. Attachment
2 is a discussion sheet provided by the City Manager to the Civil Service
Commission on that date.
DISCUSSION:
Because there is agreement on the statement of duties with the PRCS Commission,
it would be appropriate to move forward with directing staff to return to the City
Council with an ordinance to amendment the CCMC in this regard.
The overall format of the various enabling sections of the CCMC relating to
Commissions (Sections 3.03.005 thru 3.03.420) are inconsistent, given that various
Commissions have been established at different times. Thus, it would be
appropriate for staff to also update the CCMC, as to form, so as to provide
consistency and clarity to these provisions. Such amendments can be done
concurrently.
With regard to the Civil Service Commission, it is important to address the
inconsistencies between the New Charter and CCMC. As indicated in the City
Page 18 City of Culver City, California
Agenda Item Report
Manager’s handout (Attachment 2), the current CCMC language needs more clarity
with regard to personnel issues. Many of the current practices put the City Manager
in a sometimes untenable position, and the process is slow and cumbersome.
There are very few cities in California that still have a Civil Service Commission that
handles anything nearly as comprehensive as Culver City’s Civil Service
Commission.
Staff recommends, therefore, that the dialogue between the City Council and Civil
Service Commission be actively pursued, with the intention of clarifying roles.
Please note that the City Manager’s recommendations to the Commission do not
affect the ongoing use of the Civil Service Commission as a disciplinary appeal
hearing body.
FISCAL ANALYSIS:
There are no financial costs inherent in the recommended action.
ATTACHMENTS:
1. Discussion topics prepared by the City Manager for the Parks, Recreation and
Community Services Commission (March, 2010)
2. Discussion topics prepared by the City Manager for the Civil Service Commission
(March, 2010)
3. CCMC Chapter 3.03 (Commissions and Agencies)
4. City Charter Sections relating to the duties of the City Manager and City
Commissions
MOTION:
That the City Council:
1. Receive this report from the City Manager related to the Council/Commission
Subcommittee regarding the role of Commissions; and
2. Direct staff to prepare amendments to the CCMC relating to the duties of the
Parks, Recreation & Community Services Commission, and update the
ordinances establishing other commissions to provide for a common format
(Sections 3.03.005 through 3.03.420); and
3. Continue discussions with the Civil Service Commission to bring their duties
into conformance with the City Charter sections relating to the City Manager’s
administrative authorities.
Page 19MEETING DATE: April 5, 2010
AGENDA ITEM: A Report from the City Manager Related to the
Council/Commission Subcommittee.
ATTACHMENTS
Pages
Attachment 1 — Discussion topics prepared by the
City Manager for the Parks, Recreation and 1
Community Services Commission (March, 2010)
Attachment 2 — Discussion topics prepared by the
2-3
City Manager for the Civil Service Commission
(March, 2010)
Attachment 3 — Current Municipal Code Section 3.03 4- 10
(Commissions and Agencies)
Attachment 4 — City Charter Sections relating to the 11-16
duties of the City Manager and City Commissions
Page 20•itaciii71/- 1
D ; CAt 55; of;c, 5 --- Piiz4-ks ," of--7
CE0,71124 ; v iGe-S
Assumptions
,
2-e e
Assumptions implicit in the recommended language:
• Statement of duties in the Municipal Code needs to be made consistent with the City
Charter.
• Under the Charter, the City Manager is uniquely accountable to the City Council for the
implementation of all City Council policy.
• With few exceptions, City Commissions are appointed as advisory bodies to assist the
City Council and City Manager.
• The management and oversight of the paid staff is the function of the City Manager.
• Each Commission is entitled to enthusiastic staff support from the City Manager's
departmental staff, the extent of which needs to be realistic in scope and scale.
• While the system will work best when participants maintain their proper roles, all of us
have the same goals of serving the needs of our citizens, doing so as efficiently as
possible, and in as even-handed a manner as possible.
• We all deserve to have some fun in this endeavor!
Recommended Language
"The Commission shall have the following powers and duties:
A. To act in an advisory capacity to the City Council and City Manager relating to parks,
recreation, recreation/community center, playground, open space and tree programs.
B. To assist staff assigned to investigate the requirements of the City for facilities relating to
the above functions, and to make recommendations relating to the adoption and updating
of City master plans relating to parks, recreation and open space.
C. To recommend programs and plans designed to promote the full acceptance of all citizens
in all aspects of community life without regard to race, religion, gender, sexual
orientation, age, or national origin.
D. To recommend and support program policy relating to various "community service"
functions of the City, including but not limited to programs for youth, teens, seniors and
people with special needs.
E. To balance program and project recommendations by applying realistic expectations of
budgetary and staffing resources, environmental sustainability, neighborhood
compatibility and other relevant factors."
Possible addition:
F. To assist staff assigned to select varieties of trees and other plantings along any streets
and public right-of-way.
Page 21f 2_
564t s s / 5
Ce;7.k.
; er? A) 2-0 /47)
Assumptions
• For all City Commissions, the statement of duties in the Municipal Code needs to be
made consistent with the City Charter to reflect change to the Council-Manager form of
government.
• Under the Charter, the City Council adopts policy. The City Manager is uniquely
accountable to the City Council for the implementation of all City Council policy and for
administration of the personnel system, purchasing system, election administration, etc.
• The City Manager is responsible for the hiring, management and oversight or all City
employees except the City Attorney, Police Chief and Fire Chief.
• Role of any City Council-appointed City Advisory Commission should be limited to
items within the proper scope of the City Council.
• Within its proper role, each Commission is entitled to enthusiastic staff support from the
City Manager's departmental staff, the extent of which needs to be realistic in scope and
scale.
• While the system will work best when participants maintain their proper roles, all of us
have the same goals of serving the needs of our citizens, doing so as efficiently as
possible, and in as even-handed a manner as possible.
• We all deserve to have some fun in this endeavor!
Council-Manager Form of Government
• Evolved during the Progressive Movement, borne of the same concerns (patronage,
favoritism, abuse in the workplace) that led to creation of Civil Service systems and the
labor movement.
• During the decades since that time, many protections have been established for
employees, and the profession of City Manager has also advanced to support high
standards of behavior.
• Members of the International City Management Association (ICMA) are pledged to
follow an explicit code of ethics in the conduct of their work, requiring professionalism,
non-partisanship, and even-handed administration of personnel and purchasing systems.
• Under the Council-Manager form of government, the Culver City Charter prohibits the
City Council (or any of its members) from "interfering" with the City Manager's
administration of personnel, purchasing, elections, etc. It is inconsistent that a City
Council appointed citizen commission would be charged by the City Council with
authority to direct, evaluate or otherwise participate in the day-to-day administration of
the City's personnel system.
• Civil Service systems are common in Council-Manager governments. Civil Service
Commission roles, if any, typically are limited to employee appeal cases.
• City Managers are typically held accountable for administering Civil Service rules.
Page 22Implications for Civil Service Commission Duties
• Commission would be advisory to the City Council and City Manager
• Existing Civil Service Rules reference role of Civil Service Commission, some of which
are inconsistent with the new Charter definitions of role.
• Some changes may require consultation with bargaining units.
• Staff wishes to retain Civil Service Commission role regarding employee disciplinary
appeals. Staff would prefer that the threshold for appeal to the Commission be (a)
suspensions of more than 3 days, (b) demotions, or (c) terminations.
• Commission role would not include routine personnel administrative practices (job
classifications, recruitment flyers, merit recognitions, etc.) that relate to
administration/implementation of City Council policy.
• Subject of employee grievances needs discussion. Recommendations cannot properly be
made to the City Council.
Next Steps
• Status report to the City Council
• Further input by the Commission, City Attorney's Office, new City Manager
• Input by Employees and Bargaining Unit representatives
• Possible retention of labor law firm to address the Charter, Ordinances and Civil Service
Rules to make them consistent.
3/3/10
Page 23
NOTE: ATTACHMENT 3 OF THIS
REPORT HAS BEEN PROVIDED
TO THE PRCS COMMISSION AS
ATTACHMENT A.
Page 24A166 /- 4-/
The City Council shall designate one newspaper circulated in the City for
the publication of all notices and other matters required to be published in a
newspaper. When possible, a change to another newspaper shall not be made
until a notice of the intention to change is published in the previously designated
newspaper.
The charges for such publications in the designated newspaper shall not
exceed the rates charged to the general public for similar publications.
All legal notices or other matters required to be published shall also be
posted in at least three public places within the City.
Posting of legal notices in three public places shall be sufficient, without
publication if the designated newspaper is unavailable and a suitable
replacement cannot be designated.
ARTICLE VII. CITY ADMINISTRATION
SECTION 700. POWERS AND DUTIES OF CITY MANAGER.
The City Council shall appoint the City Manager who shall be the chief
executive officer of the City, responsible to the City Council for the management
of all City affairs placed in the City Manager's charge by or under this Charter, by
ordinance, resolution or other action of the City Council. The City Manager, or
his or her designee, shall:
(a)
Appoint, suspend and remove all City employees, including
Department Heads, the City Clerk and the City Treasurer, except as otherwise
provided by State law or this Charter;
(b) Direct and supervise the administration of all City departments,
except as otherwise provided by this Charter;
(c) Attend all City Council meetings, at which the City Manager shall
have the right to take part in discussion, but shall not vote;
(d) Prepare and submit to the City Council an annual budget pursuant
to this Charter, and implement the final budget approved by the City Council; and
(e) Perform such other duties as are specified in this Charter, or by
ordinance, resolution or other action of the City Council.
Page 14 of 32 Page 25SECTION 701. NON-INTERFERENCE BY CITY COUNCIL.
Neither the City Council, nor any Council Member shall:
(a) Order or direct the City Manager to appoint or remove any person
to or from any position of employment with the City;
(b) Except as otherwise permitted by this Charter or by ordinance,
order or direct the City Manager to enter into a municipal contract or make a
purchase of supplies from any particular person or entity;
(c) Interfere in any way with the performance of the duties of any City
employee; or
(d) Interfere in any way with the duties of the City's elections official in
the conduct of elections.
Nothing in this section shall prevent the City Council, or any of its
members, from advising the City Manager of any information which might assist
the City Manager in the discharge of the City Manager's duties; or contacting City
employees for the purpose of inquiry, obtaining information or advising
employees of citizen complaints.
ARTICLE VIII. ANNUAL BUDGET
SECTION 800. BUDGET PREPARATION.
All Department Heads shall, upon request, provide the City Manager with
estimates of revenues and expenditures for their departments, detailed in the
manner prescribed by the City Manager. The City Manager shall review the
estimates, hold conferences with department personnel, and prepare a proposed
budget.
SECTION 801. SUBMISSION TO CITY COUNCIL.
At least 45 days prior to the beginning of each fiscal year, the City
Manager shall submit a proposed budget to the City Council. After reviewing the
proposed budget, the City Council shall set the date and time for a public hearing
on the proposed budget and, at least 10 days prior to its scheduled date, shall
cause notice of such public hearing to be published in a newspaper circulated in
the City and designated by the City Council.
Page 15 of 32 Page 26(c) The Board Member ceases to be a resident and lawfully registered
voter of the School District.
After the occurrence of any of the foregoing events, the office of the Board
Member shall be declared vacant by the Board of Education, by a vote of at least
three of its members. At the request of the affected Board Member, the Board of
Education shall hold a public hearing before declaring the office vacant.
SECTION 1004. ORGANIZATION OF THE BOARD OF EDUCATION.
At the annual organizational meeting of the Board of Education, the
members shall elect a president, vice-president and clerk. No Board Member
shall serve more than two consecutive years in such office.
SECTION 1005. SPECIAL ELECTIONS.
The Board of Education may, at its discretion, call an election for any
reason sanctioned by law at any time it deems appropriate.
ARTICLE XI. COMMISSIONS, BOARDS AND COMMITTEES
SECTION 1100. IN GENERAL.
The City Council may, by ordinance, establish and abolish such
commissions and boards as it may determine, from time to time, to be necessary
for the effective and efficient governance of the City, to encourage citizen
participation in local government and maintain positive human relations in the
community.
SECTION 1101. APPROPRIATIONS.
The City Council shall appropriate sufficient funds for the efficient and
proper functioning of all City commissions and boards.
SECTION 1102. CHAIRPERSON AND VICE CHAIRPERSON.
As soon as practicable, following the first day of July of every year, each
commission or board of the City shall organize by electing one of its members to
serve as its presiding officer, with the title of Chairperson, and electing one of its
Page 19 of 32
Page 27members as Vice Chairperson. The Chairperson and Vice Chairperson shall
each serve at the pleasure of the commission or board.
The Chairperson shall have a voice and vote in all proceedings of the
commission or board, shall be the official head of the commission or board for all
ceremonial purposes, and shall perform such other duties as may be prescribed
by this Charter or by ordinance. The Vice Chairperson shall perform the duties of
the Chairperson during the absence or incapacity of the Chairperson.
SECTION 1103. PROCEDURES.
The City Manager shall designate City staff, as necessary, to assist each
commission or board, and to keep a record of its proceedings and transactions.
Each commission or board may prescribe its own rules and regulations, which
shall be consistent with this Charter and applicable ordinances, resolutions and
other City Council actions. Such rules and regulations shall be subject to the
approval of the City Council and shall be kept on file in the office of the City Clerk
where they shall be available for public inspection.
SECTION 1104. OATHS AND AFFIRMATIONS.
Any commission or board, and the designated City staff, shall have the
power to administer oaths and affirmations in any investigation or proceeding
pending before the commission or board.
SECTION 1105. COMMITTEES.
The City Council, by ordinance, resolution or other action, may establish
and abolish committees for a specified purpose, and shall appropriate sufficient
funds for the efficient and proper functioning of such committees.
ARTICLE XII. CIVIL SERVICE
SECTION 1200. MERIT PRINCIPLE.
Appointments and promotions in the administrative service of the City
shall be made according to merit and fitness, to be ascertained, so far as
practicable, by competitive examination.
The Civil Service System adopted by the City Council pursuant to State
law and in effect prior to the effective date of this Charter, shall continue in full
Page 20 of 32
Page 28force and effect unless changed by ordinance of the City Council or by
amendment to the rules and regulations approved by the City Council. As
provided in the State enabling act referred to above, the City Council shall not
have the authority to withdraw any departments or employees, including
Department Heads, placed in Classified Service, from the operation of such
system, either by outright repeal of the Civil Service ordinance or otherwise,
unless and until its withdrawal shall have been submitted to the voters of the City
at a regular or special municipal election held in the City and shall have been
approved by majority vote at a City election.
SECTION 1201. CLASSIFICATION.
All Department Heads shall be in the Unclassified Service.
The City Manager, City Attorney, City Clerk and City Treasurer shall be in
the Unclassified Service.
SECTION 1202. APPOINTMENTS FROM CIVIL SERVICE POSITIONS.
In the event an employee of the City holding a position in the Classified
Service is appointed to a position in the Unclassified Service, and within two
years is removed or resigns from that position, the employee shall revert to his or
her former position in the Classified Service upon the same terms and conditions
as if he or she had continuously remained in that position.
SECTION 1203. PROHIBITIONS.
No person shall willfully make any false statements, certificate, mark,
rating or report in regard to any application, test certification or appointment held
or made under the Civil Service System or in any manner commit or attempt any
fraud preventing the impartial execution of such Civil Service System or its rules
and regulations.
ARTICLE KR RETIREMENT SYSTEM
SECTION 1300. PUBLIC EMPLOYEES RETIREMENT SYSTEM.
Plenary authority and power are hereby vested in the City, its City Council
and its several officers, agents and employees, to do and perform any act or
exercise any authority granted, permitted or required under the provisions of the
Public Employees' Retirement Law, as it now exists or hereafter may be
Page 21 of 32
Page 29SECTION 2003. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED.
Except as specifically provided, nothing in this Charter shall affect or
impair the civil service, pension and retirement rights or privileges of officers or
employees of the City, or of any City department existing at the time this Charter
takes effect.
SECTION 2004. CONTINUANCE OF CITY COUNCIL AND BOARD OF
EDUCATION.
The members of the City Council and of the Board of Education of the
Culver City Unified School District in office at the time this Charter takes effect
shall continue in office until the expiration of their respective terms and until their
successors are elected and certified.
SECTION 2005. EXISTING COMMISSIONS, BOARDS AND COMMITTEES.
Commissions, boards and committees previously established by the City
Council shall continue to exist and exercise the powers and perform the duties
conferred upon them; provided, however, that the City Council may abolish any
or all of said commissions, boards or committees and may alter their structure,
membership and duties.
The members of the commissions and boards holding office when this
Charter takes effect shall continue to hold office until their respective terms of
office shall expire and until their successors shall be appointed, or until such time
as the body is abolished by action of the City Council.
The members of Committees existing when this Charter takes effect shall
• continue to remain members until they are replaced or removed by the City
Council or until the Committee is abolished.
SECTION 2006. EXISTING EMPLOYEES OF THE CITY.
The present employees of the City shall continue to perform their duties
without interruption, subject to this Charter and all applicable provisions of any
existing or future ordinance, resolution, rule or law relating to the removal, duties
or control of such employees.
Page 30 of 32 Page 30 11
July 26, 2010
Item A-5
(continued)
Staff read minor corrections to the ordinance into the
record and distributed a handout for reference.
Discussion ensued between the City Council and staff
regarding the definition of local business; administrative
policies; qualifications for local sales tax; and
additional clarification.
o0o
Item A-6
1) Discussion of the Roles of City Commissions under the
New City Charter; 2) Introduction of an Ordinance Repealing
and Replacing Chapter 3.03 of the Culver City Municipal
Code (CCMC) Relating to City Commissions and Agencies; 3)
Adoption of a Resolution Amending City Council Adopted
Policy 2007-01 Entitled “City Commissions,” and Repealing
Resolution No. 2007-R029; 4) Provide Direction Regarding
the Proposal to Designate the Public Works Director as the
Person Responsible for Street and Parkway Trees Including
the Removal of Trees with an Appeal to the PRCS Commission;
5) Introduction of an Ordinance Amending Section
7.01.230.B.2 of the CCMC Clarifying those Individuals
Eligible to Receive Parking Decals Which Exempt their
Vehicles from Parking or Standing Provisions; and 6)
Adoption of a Resolution Amending City Council Policy
Statement Number 3003 Entitled “Issuance of City Parking
Decals” and Rescinding Resolution No. 95-R005.
Martin Cole, Assistant City Manager/City Clerk, provided a
summary of the material of record.
Mayor Armenta invited public comment.
ATTACHMENT E
Page 31 12
July 26, 2010
Item A-6
(continued)
The following members of the audience addressed the City
Council:
Marta Zaragoza expressed support for the Commissions,
changes requiring monthly payments to Commissioners, and
the elimination of badges; she discussed the process for
modification and the importance of checks and balances;
asserted that issues should come before the City Council
rather than the City Manager; expressed support for red
light cameras; wanted to see the West Los Angeles College
expansion done right; and she discussed submission of late
speaker cards.
Desmond Burns, President of the Culver City Employees
Association, expressed concern with retaining the integrity
of the Civil Service Commission; discussed extensive
adjustments to the Civil Services rules made in 2006 when
the City converted to a Charter; and he questioned the
timing of the current changes.
Richard Ochoa, Civil Service Commissioner, asserted that
the changes were made in haste; felt the agenda item was
premature; asked that the item be postponed; expressed
concern that the item had not been properly vetted; and
noted that items included were not discussed by the
Commission.
Laura Stuart, Parks, Recreation and Community Services
Commissioner, suggested creating protocol to improve
communication with the City Manager; discussed parking
decals; and requested a Commission meeting with the new
City Manager.
Vicki Daly Redholtz, Parks, Recreation and Community
Services Commissioner, discussed the process; concern with
communication; bi-monthly subcommittee meetings to set
goals; concern with the possibility of the City Manager
canceling meetings without Commission consultation; and
parking decals.
Page 32 13
July 26, 2010
Item A-6
(continued)
Marianne Kim, Parks, Recreation and Community Services
Commissioner, expressed concern with the possibility that
the Commission might only meet at the discretion of the
City Manager; concern with staff reports presented to the
City Council that are not consistent with Commission
discussion; jurisdiction over trees and music
entertainment; and clarification regarding usage of park
facilities.
Rick Hudson, Parks, Recreation and Community Services
Commission Chair, noted that the subcommittee had not met
during the last year; discussed scheduling of the Park
Tour; and he reported that the Senior Center, Skate Park,
and Dog Park were running well.
Brian Fitzpatrick, representing the Culver City Police
Officers Association, expressed concerns and opposition to
the proposed dismantling of the Culver City Civil Service
Commission as an independent body with binding authority;
listed specific concerns with regard to discipline,
employment and promotional decisions, and oversight;
expressed concern with the ability of any City Manager to
be an impartial arbitrator; discussed Civil Service
jurisdiction over the testing process; the vote of no
confidence with Police Chief Don Pedersen; the importance
of having an independent body; and concern that they had
not been able to meet and confer on the meet and confer
item.
Wendell Phillips, Attorney for the Culver City Employees
Association, asserted that discipline should not be subject
to political whim; asserted that those who hear the
testimony should make the decisions; and he noted that
there were no problems with the current system.
Dan Gallagher, Civil Service Commission Chair, provided
background on himself and discussed the importance of
independent oversight and risk management.
Page 33 14
July 26, 2010
Item A-6
(continued)
Michael Whitaker, Civil Service Commissioner and Charter
Review Committee member, felt that the basis for the
changes was flawed; discussed the Civil Service system;
expressed concern with the ability of City staff to be
impartial; he asked that the Civil Service system be
maintained; discussed the City Charter; and he asserted
that the Charter Review Committee did not discuss
elimination of the Civil Service system.
Meghan Sahli Wells asserted that the Civil Service
Commission provided important checks and balances; she felt
the Commission should continue to report to the City
Council; and she asked that its current role, independence
and integrity be maintained.
Tony Pappas discussed parking decals; the Civil Service
Commission; and concern with changes related to the
conversion to a charter form of government.
Alice Prasad, Associate Analyst, read written comments
from:
Marla Koosed, Culver City Cultural Affairs Commissioner
Sandy Stivers, Culver City Civil Service Commissioner
Martin Cole, Assistant City Manager/City Clerk, read a
written comment from:
Sharon Zeitlin, Culver City Civil Service Commissioner
Martin Cole, Assistant City Manager/City Clerk, reported
that written comments from Alan Corlin and Sandy Levin had
been received and incorporated into the record.
Page 34 15
July 26, 2010
Item A-6
(continued)
Discussion ensued between the City Council and staff
regarding recommendations in the staff report allegedly not
discussed at subcommittee meetings; the critical oversight
role of the Civil Service Commission; the general
recommendations; meetings on an as-needed basis; the
importance of Commission consideration and input;
communication and information flow between Directors and
Commissions; differences between Commissions and their
duties; retention of the Civil Service Commission as final
arbiter; power of the City Manager; encouragement to
Commissioners to contact Councilmembers with staff
communication issues; consecutive terms; badges; parking
decals; the process for consideration of trees;
justification for the changes; checks and balances;
grievance appeals to the City Council; changes to the form
of government in the City and the intent of the voters;
additional information; adequate notice; and tabling the
motion.
Councilmember Weissman suggested a motion to approve the 12
general recommendations as amended, and ratification of the
roles and responsibilities of the Planning, Parks,
Recreation and Community Services, and Cultural Affairs
Commissions, with modifications made to indicate that the
Civil Service Commission is the final arbiter.
Further discussion ensued between the City Council and
staff regarding having a separate discussion on the role of
the Civil Service Commission; actions of other cities;
current and proposed language regarding the powers and
duties of the Civil Service Commission; parking decals and
School Board members; language with regard to requirements
to adhere to legal opinions and advice of the City
Attorney; and the role of the City Attorney with regard to
the Civil Service Commission.
Page 35 16
July 26, 2010
Item A-6
(continued)
Discussion continued between the City Council and staff
regarding proposed motions made by Councilmember Weissman.
These include directing that the City Manager work with the
Civil Service Commission to come up with a proposal with
regard to any oversight role that the City Council wishes
for the Civil Service Commission and to have with Civil
Service rules amended to be consistent;, and that staff
return with the implementing ordinance and resolutions
consistent with modifications discussed for final review
and approval.
Heather Baker, Deputy City Attorney, clarified that staff
had received policy direction during the City Council
discussion and would bring back revised documents but
nothing would take affect tonight.
Discussion continued regarding the provision related to
City Attorney opinions; standard conditions of approval;
direction to staff to incorporate comments; and options
available to the City Council.
o0o
Item A-1
Direction Regarding the Use by the Culver City Unified
School District Board of Education of the Mike Balkman
Council Chambers.
Martin Cole, Assistant City Manager/City Clerk, provided a
summary of the material of record, noting that he had
received written correspondence from Karlo Silbiger and
Steven Gourley, Culver City School Board members.
Mayor Armenta invited public participation.
Page 36