City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council:
1. Discuss the roles of the various City Commissions; and,
2. Introduce an Ordinance repealing and replacing Chapter 3.03 of the Culver City
Municipal Code (CCMC) relating to City Commissions and Agencies; and,
3. Adopt a Resolution amending City Council Adopted Policy 2007-01 entitled “City
Commissions,” and repealing Resolution No. 2007-R029; and,
4. Direct staff related to the proposal to designating the Public Works Director as
the person responsible for street and parkway trees with an appeal to the PRCS
Commission; and,
Meeting Date: 07/26/10 Item Number: A-6
AGENDA ITEM: 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.
Contact Person/Dept.:
Martin R. Cole, Asst. City Manager
Phone Number:
(310) 253-6000
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: City Commissioners (07/22/10); Meetings and Agendas – City
Council (07/22/10)
Department Approval:
Martin R. Cole (07/21/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/21/10)
Chief Financial Officer Approval:
Jeff Muir (07/21/10)
City Manager Approval:
P. Lamont Ewell (07/22/10) City of Culver City, California
City Council Agenda Item Report
5. Introduce 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. Adopt a Resolution amending City Council Policy Statement Number 3003
entitled “Issuance of City Parking Decals” and rescinding Resolution No. 95-
R005.
BACKGROUND:
Since its incorporation in 1917, the City of Culver City has grown in both size and
population. As the City has “evolved,” over the past 90 years, the City Council has
(either by the former City Charter’s requirement or under its own prerogative)
determined to create four Commissions to provide advice to the City Council on the
general topics of (1) Civil Service, (2) Cultural Affairs, (3) Parks and Recreation, and
(4) Planning. In addition to providing advice to the City Council, under the former
Charter and existing provisions of the Culver City Municipal Code (CCMC), several
of the Commissions currently perform duties which may result in final decisions.
On April 11, 2006, the voters of Culver City approved a new City Charter (New
Charter). The New Charter became effective on July 1, 2006 (Attachment 1).
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 an opportunity to
review the City’s Commissions as it considers the existing regulations in the CCMC,
as well as current City Council Policies and Resolutions. In addition, at a facilitated
meeting held in February, 2007 which included several of the City’s Commissioners,
the City Council discussed the operations of the City’s Commissions and considered
several insightful comments from City Commissioners.
City of Culver City, California
City Council Agenda Item Report
This item was originally presented to the City Council in April of 2008 as part of the
implementation of the City Charter approved by the voters on April 11, 2006 (which
New Charter became effective on July 1, 2006).
At that time, a number of Commissioners voiced concerns to both the sitting Council
Members and the Council Members-Elect. Amongst the concerns voiced, the
Commissioners felt they had not been given sufficient time to review and provide
input on the recommendations made by the City Council Subcommittee on the Roles
of Commissions (Council Subcommittee). The City Council determined to not hear
this item in order to provide an opportunity for Commissioners to provide feedback
on the various recommendations contained in the staff report.
Since April of 2008, the Council Subcommittee, along with the City Manager,
Assistant City Manager, City Attorney, Assistant City Attorney, Department Heads
and other key staff, met a number of times with subcommittees formed by each
Commission. During these meetings, the Council Subcommittee and staff listened
intently to the concerns voiced by the Commission Subcommittees. The
Commission Subcommittees then returned (often on more than one occasion) to
their respective commissions to provide an update and receive additional feedback
from the full Commissions). At one meeting of the Council Subcommittee, the
professional consultant to the Charter Review Committee shared his views on the
roles of Commissions directly with the Council Subcommittee, including the
distinction between an advisory commission and a managing commission. His
conclusion was that commissions in a City Council-City Manager form of
government advise the City Council (and sometimes the City Manager) on policy
issues with administration authority vested in the City Manager.
This issue is perhaps one of the most vetted in recent City history. During the last
28 months, the City Council has appointed five different members to sit on the
Council Subcommittee (Initially, Council Members Rose and Gross; then Council
Members Weissman and Silbiger, and now Council Members Weissman and
O’Leary). Most recently, in the early part of 2010, former City Manager Mark Scott
met with the Civil Service Commission and the Parks. Recreation, and Community
Services Commission to share his and the Council Subcommittee’s views on the
roles of Commissions.
While the concerns voiced by the Commissioners related to interaction between
Commissions and staff were addressed, the key issue of the overall role of
Commissions in a City Council-City Manager form of government remains
unresolved, which has lead to increased levels of frustration amongst the City of Culver City, California
City Council Agenda Item Report
Commission, staff, and the Council Subcommittee. Further, the lack of clear
definition of roles and responsibilities has reduced efficiency (whereas one of the
major advantages to the new form of government was an increase in efficiency).
The City Charter requires the City Council, the Commissions, the chief administrator
of the City (the City Manager) and staff to perform different roles when compared to
the CAO form of government. These changes are significant.
After over two years of receipt of comment and consideration of this issue by the
Council Subcommittee, it is important and legally required for the City Council to fully
implement the City Council-City Manager form of government in accordance with the
City Charter.
DISCUSSION:
One of the important general concepts espoused by the Charter Review Committee
in recommending the New Charter to the City Council was to streamline the
management of the City under the policy direction of the City Council and the
operational management of a City Manager. As part of that streamlining, the New
Charter provided the specific opportunity embodied in Section 1100 for the City
Council to review the structure under which the City’s Commissions are created,
members appointed, and business transacted. The following paragraphs outline the
general issues embodied in the proposed Ordinances and Resolutions:
General Operational Items Applicable to all Commissions
The former Charter and existing CCMC provided for differing provisions relating to
the creation and general role, membership, appointment/removal process, parking
decals, official City Identification, and allowance for attending meetings. The
following items are proposed to apply to all Commissions:
(1) Creation and General Role
The New Charter provides that the City Council may create Commissions by
Ordinance. Therefore, attached for the City Council’s consideration is an Ordinance
which clarifies and updates the structure, membership, and duties of each of the
City’s four Commissions. Included in the proposed ordinance are provisions which
standardize, where appropriate, various procedures which the Council
Subcommittee and staff believe should be standardized amongst all Commissions City of Culver City, California
City Council Agenda Item Report
for the effective and efficient governance of the City in accordance with the New
Charter.
The Council Subcommittee also recommends that training for Commissioners be
subject to the prior approval of the Department Head or the City Manager. The
attached revised City Council Adopted Policy 2007-01 has an appropriate
amendment.
(2) Policy Creation
Under the New Charter (see Section 300), the authority to provide policy direction
vests solely in the City Council. Additionally, Section 700 provides the City Manager
with the authority to “direct and supervise the administration of all City Departments.”
To implement this structure, the proposed Ordinance includes provisions clearly
defining the specific role of Commissions to act in an advisory capacity to the City
Council (or in the case of the Civil Service Commission – to the City Manager) which
is the sole body charged with providing policy direction to the City Manager. Further,
as provided for in Section 701, “Neither the City Council, nor any Council Member
shall…interfere in any way with the performance of the duties of any City
employee…” By extension, this “Non-Interference Clause” applies to appointees of
the City Council, including City Commissions.
(3) Membership
Under the New Charter (see Section 602), candidates for the office of City Council
are required to be: (1) residents of the City and (2) qualified electors (registered
voters) for the 30 days immediately preceding the filing of nomination papers and
during their term of office. It is proposed these requirements related to residency
and voter registration be replicated for membership of all four Commissions
(currently such a requirement is only applicable to the Civil Service and Planning
Commission). Further, any person who holds a paid position with the City (a City
employee) shall not be eligible for appointment to a City Commission (the CCMC
currently expressly prohibits City employees from serving on two of the
Commissions – it is proposed to apply this standard to all Commissions). Finally, it
shall be expressly stated that one person may only serve on one Commission at any
time (this does not include committees, boards, or ad-hoc bodies created by the City
Council – excepting where there in an incompatibility of offices).
(4) Appointment/Removal and Disciplinary Process
City of Culver City, California
City Council Agenda Item Report
As the elected, policy-making body, the City Council is the highest authority in
Culver City. As such and in accordance with the New Charter, the City Council is
empowered to establish and abolish Commissions. As creations of the City Council,
Commissions are subject to the general oversight of the City Council and
Commissions and their members must comply with policies and other actions
adopted by the City Council. Furthermore, as representatives of the City Council,
Commissions and their members are held to a very high standard of conduct.
Therefore, it is proposed that the City Council may appoint and remove
Commissioners with a majority vote, with or without cause. Commissioners serve at
the pleasure of the City Council and may be appointed or removed under that
standard.
As a result of comments provided by Commissioners to the City Manager in 2008
when the City Council Policy was presented to each Commission, staff is also
providing examples of misconduct which would subject a Commissioner to
disciplinary proceedings. Also, should it become necessary to discipline
Commissioners, the amended City Council Adopted Policy 2007-01 provides for
various means of discipline available to the City Council.
(5) Terms
The CCMC currently provides for a term of four years with a limit of two consecutive
terms (and the ability to re-apply for additional terms with an absence of two years
between terms).
The Subcommittee recommends the City Council adopt terms for the Commissions
that meet the following criteria:
(a) The City Council shall endeavor to consider appointments to Commissions in
May or early June and Commission terms shall begin on July 1 of odd
numbered years (except where an unexpected vacancy occurs)
(b) Commission terms shall be staggered in a fashion similar to that of the City
Council (as a hypothetical example, three seats shall hold terms from July 1
2011 to June 30 of 2014 and two seats shall hold terms from July 1 2012 to
June 30,2015.
(c) Commissions with memberships of more than five persons shall be
staggered in a similar fashion as determined by the City Council at the time
creation of such a Commission is considered by the City Council.
Under these proposed criteria, 2011 will be the first “transition year” with some or all
of the Commissioners appointed in 2011 subject to a term of less than four years City of Culver City, California
City Council Agenda Item Report
(most likely a three year term). After the “transition year,” the standard term for all
Commissioners would return to four years.
The Council Subcommittee members also recommend that term limits similar to
those applicable to the City Council be imposed on Commissions (e.g. up to two full
four year terms and then a two year “sit out” period).
(6) Attendance at and Frequency of Meetings
City Council Policy 3304 states in pertinent part:
“All members of the Civil Service Commission, Planning Commission and Human
Services and Park Commission (Parks and Recreation Commission), and any
other Commission hereafter created or established, and members of the
Landlord-Tenant Mediation Board shall be entitled to a monthly allowance of fifty
dollars ($50.00); provided, however, no such allowance shall be paid unless the
members attend at least one scheduled meeting per month.”
The Council Subcommittee and Staff recommend the City Council include a
provision in the CCMC giving the City Council authority to establish, by resolution,
an allowance for members of Commissions, Boards, and Committees and that such
allowance be paid to members of Commissions without regard to the number of
meetings held each month. Should the City Council introduce the proposed
ordinances this evening, staff will prepare an appropriate resolution for the City
Council’s consideration which would implement this new procedure and repeal City
Council Policy 3304.
With respect to the frequency of Commission meetings, the Council Subcommittee
recommends the Commissions meet on an as needed basis. Additionally, the
Council Subcommittee and Staff also recommend the Commissions not meet if staff
determines there are insufficient items agendized to justify a meeting. These issues
are addressed in the proposed Ordinance and the amended City Council Adopted
Policy 2007-01. For the sake of clarity, the City Manager shall be empowered to
make the final determination if a Commission shall meet based upon input from the
appropriate Department Head. This change will increase efficiency and conserve
staff and financial resources.
(7) Compliance with City Council Policy
City of Culver City, California
City Council Agenda Item Report
The amended City Council Adopted Policy 2007-01 includes a provision that
Commissioners are required to comply with applicable law and duly adopted City
Council policies.
(8) Mandatory Orientation for New Commission Appointees
To ensure newly appointed Commissioners are best prepared for their important
advisory roles, staff recommends Commission appointees be required to attend an
orientation within 90 days of their appointment. The consequence of not attending
this orientation would be forfeiture of the appointment. Applications for Commission
positions will be modified to include this requirement so applicants will be aware of
this in advance of applying for and potentially being appointed to a Commission
seat. An amendment to City Council Adopted Policy 2007-01 is proposed consistent
with this recommendation (see Attachment 4). This requirement would become
effective with the Commissioners appointed in 2011.
(9) Legal Opinions of the City Attorney
Section 901 of the New Charter provides:
“The City Attorney, or his or her designee, shall 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.”
The Subcommittee recommends the City Council clarify that Commissions and
individual Commissioners, as advisors to the City Council, are required to adhere to
the legal opinions and advice of the City Attorney with regard to procedural matters
and give deference to such opinions with regard to interpretations of law. City
Council Adopted Policy 2007-01 is proposed to be amended to include these
requirements (see Attachment 4).
(10) Issuance of Parking Decals
City Council Policy 3003, adopted in 1995, established a policy regarding the
issuance of parking decals to certain people who operate their private vehicles while
engaged in official City business. The parking decals exempt enforcement of
parking regulations of the CCMC while on City business in Culver City. The Council
Subcommittee recommends the decals be issued to the City Council, City Manager,
City Attorney, Assistant City Manager, Department Heads and other position as
authorized by the City Manager. The proposed policy will no longer authorize
routine issuance of parking decals to the City Clerk, City Treasurer, Automobile City of Culver City, California
City Council Agenda Item Report
Club, School Board Members and School Board Administrative Staff, Members of
Commissions/Boards, L.A. Airport Advisory Committee and the Chamber of
Commerce (as currently authorized by City Council Policy 3003).
Staff recommends the City Council adopt a Resolution amending City Council Policy
3003 (Attachment 5) and introduce a proposed Ordinance amending CCMC Section
7.01.230.B.(2) (Attachment 6) to be consistent with the Subcommittee’s
recommendations.
(11) Official City Identification
The Subcommittee recommends the City Council amend City Council Adopted
Policy 2007-01 to reiterate and emphasize that official City identification (including
badges, ID Cards, business cards, etc.) shall be used for official identification
purposes only. Further, and consistent with the spirit of the Attorney General’s
Opinion, the Council Subcommittee recommends the City Council consider replacing
the current official identification (generally a badge) with a nametag like pin for the
City Council, the Commissioners, and all non-sworn staff. Further, inappropriate use
of Official Identification items shall be classified as Major Misconduct with significant
consequences.
(12) City Council Jurisdiction
The proposed Ordinance clarifies specifically that, unless prohibited by the City
Charter or other applicable Federal or State law, the City Council has direct
jurisdiction over all matters which may be considered by Commissions. While
remaining respectful of the important advisory role of the Commissions, the City
Council or the City Manager may determine to bring items directly to the City Council
for consideration.
Commission-Specific Items
While certain items can be applied to all Commissions, there are some topic-specific
items which should be handled on a Commission-specific basis.
(1) Cultural Affairs Commission
The proposed Ordinance amends the CCMC to clarify general terms of the Cultural
Affairs Commission with the other Commissions in accordance with the New
Charter. Other than compliance with the general requirements as recommended by City of Culver City, California
City Council Agenda Item Report
the Council Subcommittee, the Council Subcommittee did not recommend any
additional specific amendments to the role of the Cultural Affairs Commission.
(2) Planning Commission:
Standard Conditions of Approval: The Planning Division is currently working
on a set of “official” Standard Conditions of Approval to be utilized by the
Planning Commission when considering various discretionary entitlement
applications. The Council Subcommittee recommends that, upon
recommendation by the Planning Commission, these Standard Conditions of
Approval be reviewed and approved by the City Council. The Planning
Commission or staff, through the Planning Commission, may, from time to time,
recommend amendments to the Standard Conditions of Approval for
consideration by the City Council. Amendments to the Standard Conditions of
Approval would only become effective upon approval by the City Council. It is
recommended that this process be included among the Planning Commissions
duties as set forth in the CCMC (see Attachment 3).
(3) Parks, Recreation, and Community Services (PRCS) Commission:
1. Jurisdiction over Trees: Under the current CCMC, the PRCS
Commission has been provided jurisdiction over street and parkway trees.
Management of the City’s “municipal forest” has become a more complex
process, often requiring the expertise of a landscape architect. To remove
existing potential for duplication of jurisdiction, it is proposed the Parks,
Recreation, and Community Services Commission retain advisory jurisdiction
over the general topic of trees in the City’s parks. However, management of
the City’s municipal forest should be the responsibility of the Public Works
Department (for street and parkway trees), and day-to-day management of
the trees located in the City’s parks should be the responsibility of the Parks,
Recreation and Community Services Department.
Private person requests for removal street or parkway trees authorized by
CCMC Section 9.10.040 is proposed to become an administrative action,
requiring a permit issued by the Public Works Department (subject to appeal
to the PRCS Commission).
The City Council is requested to provide direction to staff to clarify that the
Public Works Director is responsible for the management of the City’s street
and parkway trees.
City of Culver City, California
City Council Agenda Item Report
2. Jurisdiction over Music and Entertainment: The current CCMC
provides the Parks, Recreation, and Community Services Commission with
the mission to provide the City Council with advice on music and
entertainment. It is proposed to amend this mission to be consistent with the
Commission’s broader role with respect to music and entertainment
conducted in parks.
(4) Civil Service Commission:
Responsibility for Personnel Administration: The New Charter makes
significant changes to the day-to-day operations of the City’s government.
Section 300 of the New Charter provides:
“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.”
Under this and other sections of the New Charter, the roles and responsibilities of
the City Council, the City’s Commissions, and the City Manager have changed.
Section 700 of the New Charter provides in pertinent part:
“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…The City Manager…shall…direct
and supervise the administration of all City departments except
as otherwise provided by the Charter…(emphasis added)”
Section 806(B) of the former Charter provided the Civil Service Commission with
the responsibility to:
1. “Act in an advisory capacity to the City Council on personnel
administration (emphasis added); and
2. After a public hearing thereon, recommend to the City Council adoption of
amendments or repeal of the civil services 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.” (emphasis added) City of Culver City, California
City Council Agenda Item Report
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.”
The provisions of the New Charter and the responsibilities provided to the Civil
Service Commission by the former Charter and current CCMC and Civil Service
Rules are in conflict. Since the New Charter’s provisions are now in force and
prevail, the Council Subcommittee recommends certain amendments to the powers
and responsibilities of the Civil Service Commission. The attached ordinance
addresses the following issues:
(1) Establishes the Civil Service Commission as an appeal hearing body whose
decisions are advisory to the City Manager. The decision of the City
Manager shall be final and binding; and,
(2) Stays the obligation of the Civil Service Commission to perform any other
duties conferred upon the Civil Service Commission by the CCMC, Civil
Service Rules or other City policy or regulation pending a revision to the Civil
Service Rules and other City policies.
Consistent with the above, should the City Council provide direction to proceed with
this idea, over the next few months, staff will be bringing to the City Council (and
through the Civil Service Commission, where applicable) revisions to the Civil
Service Rules and City Policies/regulations. Prior to any change in the employee
appeal procedure (as proposed in Item 1 above), the City will bargain with the
employee labor groups.
It should be noted that the historical functioning of the Civil Service Commission may
have been appropriate in a Chief Administrative Officer form of government.
However, under the City Council-City Manager form of government and also given
the privacy rights conferred on employees (especially with regard to personnel
matters), the role of the Civil Service Commission needs to change to reflect both
the new form of government in Culver City and these privacy concerns.
City of Culver City, California
City Council Agenda Item Report
(4) Board of Zoning Adjustments:
The Chapter of the CCMC related to the Commissions also includes provisions
related to the Board of Zoning Adjustments (Board). While the Subcommittee did
not consider the Board in its discussions, Staff is recommending certain procedural
clarifications to the CCMC related to the appeal procedure to ensure consistency
with the Zoning Code.
Miscellaneous Revisions
Several other typographical, grammatical, formatting and other non-substantive
changes have been made to ensure clarity and consistency.
Future Applicability to the City’s Boards and Committees
The Subcommittee recommends that once the City Council has provided its policy
direction with respect to these recommended changes, staff be provided direction to
prepare a similar report that would apply these policy directives to the City’s
Committees and Boards. If so directed by the City Council, it is expected this report
would return to the City Council on or before September 13, 2010.
FISCAL ANALYSIS:
Similar to the fiscal analysis presented to the City Council when the Council
considered (and ultimately adopted) City Council Policy 2007-01 related to the City’s
Commissions, adoption of these recommendations is expected to streamline the
operations of the Commissions, thereby resulting in either a direct operational
savings or a savings of staff time which can be redirected to other activities.
However, the actual amount of savings is difficult to estimate at this time.
In addition to the direct/indirect fiscal impacts, adoption of these recommendations is
expected to allow the City to provide information to the City Council, Commissioners,
Staff, and the general public more quickly and in a more consistent and user-friendly
format. Further, adoption of these recommendations will eliminate potential conflicts
between current operations and provisions of the New Charter (which provisions
prevail) and any associated duplication of efforts, thereby saving staff and financial
resources.
ATTACHMENTS:
City of Culver City, California
City Council Agenda Item Report
(1) The City Charter of 2006 (New Charter)
(2) Proposed Ordinance regarding Chapter 3.03 relating to Commissions and
Agencies
(3) Proposed Resolution amending City Council Adopted Policy 2007-01
(4) Proposed Resolution amending City Council Policy Statement Number 3003
relating to the issuance of parking decals
(5) Proposed Ordinance amending Section 7.01.230.B.2
MOTION:
That the City Council:
(1) Discuss the recommendations of the Council Subcommittee relating to the
roles of Commissions; and,
(2) Introduce an Ordinance repealing and replacing Chapter 3.03 of the Culver
City Municipal Code (CCMC) relating to City Commissions and Agencies;
and,
(3) Adopt a Resolution amending City Council Adopted Policy 2007-01 entitled
“City Commissions,” and repealing Resolution No. 2007-R029; and,
(4) Provide direction to staff related to the proposal to designate the Public Works
Director as the person responsible for street and parkway trees with an
appeal to the PRCS Commission; and,
(5) Introduce 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) Adopt a Resolution amending City Council Policy Statement Number 3003
entitled “Issuance of City Parking Decals” and rescinding Resolution No. 95-
R005.
MEETING DATE: July 26, 2010
AGENDA ITEM: 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.
ATTACHMENTS
(1) The City Charter of 2006 (New Charter) 1 - 32
(2) Proposed Ordinance regarding Chapter 3.03 33-43
relating to Commissions and Agencies
(3) Proposed Resolution amending City Council
Adopted Policy 2007-01 44-53
(4) Proposed Resolution amending City Council
Policy Statement Number 3003 relating to the
issuance of parking decals 54-56
(5) Proposed Ordinance amending Section 7.01 .230.B.2 57-58CHARTER OF THE CITY OF CULVER CITY
Preamble
Article I. Name and Charter Status
Section 100. Name and Charter Status.
Article II. Definitions
Section 200. Definitions,
Article ill. Form of Government
Section 300. Form of Government.
Article IV. Boundaries
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: Codification.
Page 1 of 32Section 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. Procedures.
Section 1104. Oaths and Affirmations.
Section 1105. Committees.
Article XIL Civil Service
Section 1200. Merit Principle.
Section 1201. Classification.
Section 1202. Appointments from Civil Service Positions.
Page 2 of 32Section 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.
ections.
General Municipal Elections.
Special Municipal Elections.
Elections Official.
Procedure for Holding Elections.
Initiative, Referendum and Recall.
Elections by Mail.
Article XVL Financial and Fiscal Matters
Section 1600. Fiscal Year.
Article XV. El
Section 1500.
Section 1501.
Section 1502.
Section 1503.
Section 1504.
Section 1505.
Section 1601.
Section 1602.
Section 1603.
Section 1604.
Section 1605.
Section 1606.
Section 1607.
Section 1608.
Section 1609.
Tax System.
Tax Limits.
Bonded Debt Limit.
Contracts for Public Works.
Purchasing of Supplies, Materials and Equipment.
Reserve Funds.
Capital Funds.
Claim Required for Actions Against City.
Independent Audit Required.
Article XVIL Franchises
Section 1700. Franchises.
Article XVIIL Revenue Retention
Section 1800. Reductions Prohibited.
Section 1801. Mandates Limited.
Page 3 of 32Article XIX. Charter Review Committee
Section 1900. Charter Review Committee
Article XX. Succession and Transition
Section 2000. Effective Date of Charter.
Section 2001.
Section 2002.
Section 2003.
Section 2004.
Section 2005.
Section 2006.
Section 2007.
Section 2008.
Section 2009.
Section 2010.
Section 2011.
Rights and Liabilities
Existing Laws, Regulations and Policies.
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 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.
Page 4 of 32ARTICLE 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.
The term "days" shall mean calendar days.
(9) "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.
Page 5 of 32ARTICLE 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 VI. 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.
Page 6 of 32SECTION 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 appointa
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
Page 7 of 32if 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.
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.
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.
Page 8 of 32The 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 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.
Page 9 of 32SECTION 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 tothe 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.
Page 10 of 32SECTION 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 in the absence of a quorum, a lesser number may declare a
meeting adjourned.
Except as otherwise provided in this Charter, actions of the City Council
shall be decided by a majority of the members present and voting on a matter,
excluding abstentions.
The City Clerk shall keep a correct record of all proceedings of the City
Council, and shall record the vote taken on all actions and enter the result in the
minutes of the meeting.
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, 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.
Page 11 of 32SECTION 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 Council 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
Page 12 of 32least 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 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.
SECTION 621. PUBLISHING OF LEGAL NOTICES.
Page 13 of 32The 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 32SECTION 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 32Copies 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 the first day of the fiscal year, 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.
Page 16 of 32ARTICLE 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.
SECTION 901. DUTIES.
The City Attorney, or his or her designee, shall:
(a) Serve as the chief legal adviser to the City Council, City Manager,
and all City departments in all matters pertaining to the business of the City;
(b) Represent and appear for the City in all legal actions in which the
City is concerned or is a party. In the course of performing such duties, the City
Attorney shall have the authority to employ other attorneys to handle litigation or
provide other assistance as required by the City Attorney, subject to the
provisions of this Charter;
(c) Attend all meetings of the City Council, unless excused;
(d) Prepare or approve the language of all City ordinances, resolutions
and of any amendments to such ordinances or resolutions, and approve the form
of City contracts and bonds;
(e) Prosecute on behalf of the People criminal cases for violations of
this Charter, of City ordinances or of State laws, which in the opinion of the City
Attorney warrant prosecution; and
(f)
Perform such other duties as are specified in this Charter, or by
ordinance, resolution or other action of the City Council.
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.
Page 17 of 32SECTION 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.
SECTION 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
Page 18 of 32(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 XL 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 32members 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 32force 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 tb 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' Retirement Law, as it now exists or hereafter may be
Page 21 of 32amended, 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.
ARTICLE XI V. 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:
, 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.
Page 22 of 32SECTION 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, including, 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 W 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.
Page 23 of 32SECTION 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.
SECTION 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 XVL 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; provided,
however, that the City Council may, by a vote of at least four-fifths of its
members, adopt an ordinance changing the City's fiscal year.
Page 24 of 32SECTION 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.
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 specific purposes as may be approved by
the City Council. 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.
Page 25 of 32SECTION 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.
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 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 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 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.
Page 26 of 32SECTION 1607. CAPITAL FUNDS.
The funds for capital improvements, previously created, are hereby
continued in existence. The City Council by ordinance may create a special fund
or funds for a special capital improvement purpose. Subject to the restrictions of
the Constitution, the City Council may levy and collect taxes for capital
improvements and may include in the annual tax levy a levy for such purposes in
which event it must apportion and appropriate to any such fund or funds the
money derived from such levy. It may not, in making such levy, exceed the
maximum tax rate provided for in this Charter, unless authorized by majority vote
at a City election. The City Council may transfer to any such fund any
unencumbered surplus funds remaining on hand in the City at any time.
Once established, such fund shall be restricted to only the purposes for
which it was created, unless the assent of the voters is expressed to the use of
such fund for some other purpose by majority vote at a City election.
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.
Page 27 of 32ARTICLE 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 passage 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. The provisions of this section shall not apply to a transfer or assignment
of an existing franchise.
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,
Page 28 of 32committee, 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.
ARTICLE )0(. 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.
Page 29 of 32SECTION 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 32SECTION 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 such 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.
Page 31 of 32SECTION 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 XXL 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.
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.
Page 32 of 32ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, REPEALING AND REPLACING CHAPTER
3.03 OF THE CULVER CITY MUNICIPAL CODE RELATING
TO CITY COMMISSIONS AND AGENCIES.
WHEREAS, a new Charter was adopted by the Culver City voters on April 11,
2006 and became effective on July 1, 2006; and,
WHEREAS, among several significant changes to be implemented by the
new Charter, Section 1100 authorizes the City Council, by ordinance, to establish and
abolish commissions and boards as it may determine to be necessary for the effective and
efficient goverparte of the City, and Section 2005 of tng new Charter allows the City
Council to alter the stilicture, membership and dutieS'aCbrOssforii i 'boards and
committees; ant
WHEREAS, the City Council has reviewed the City's Commissions in light of
the new Charteit:the City's existing ordinances, resoltitionsand•OlicieS, as well as
discussions at a " February 2007 facilitated meeting with the City Council and several of the
City's Commissioners and over two years of meetings' held between a City Council •
Subcommitte&i :Commission appointed subcommitteeS,. Staftand.consultants; and,
WHEREAS, after reviewing the provisions of the-nevi Charter along with the
existing provisjyns of the Culver City Municipal Code pcmc),-.rporating ideas from the
facilitated meefinq and Multiple, meetings with the vaiJOCii-SubOonInittees held over a
period of morethan two years, and reviewing the City's past practices as well as practices
in other cities, rthb City Council has determined that amendments to Chapter 3.03 of the
GCMC relatindlo'Commissions are necessary for the effective arid efficient governance of
the City.
NOW, THEREFORE, the City Council of the:Citio'of -culver City, California,
DOES HEREBY: ORDAIN, as follows:
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28SECTION 1. Chapter 3.03 of the Culve ' r City MuniciPal Code is hereby
repealed and replaced to read as follows:
CHAPTER 3,03: COMMISSIONS AND AOENCIES
General Provisions
§ 3.03.005 Creation; cornposition; eligibility; compensation
§3:03.010 Terms of members
§ 3.03.015 Term limits
§ 3.03.020 Removal; Forfeiture of membership
§ 3.03.025 Meetings; meeting place; quorum; minutes
§303 030 Compliance with applicablelaW8
§,,3,03035 City Council Retains Jurisdiction
,CiVil Service Commission
§ 3.03.1'00 Powers and duties
Cultural Affairs Commission •
§ 3,03.200 Powers and duties
Parks and Recreation Commission
§ 3.03.300 Powers and duties
Planning Commission
§303;400 Powers and duties
§ 3.03.405 Board of Zoning Adjustment
Redevelopment Agency
§ 3.03.500 Necessity declared; authority
§ 3.03.505 Agency designated; powers and duties
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-2-GENERAL PROVISIONS
§ 3.03.005 CREATION; COMPOSITION; ELIGIBILITY; COMPENSATION.
There shall be a Civil Service Commission, Cultural Affairs
Commission, Parks; Recreation, and Community Services Commission, and
Planning Commission, each consisting of five members to be appointed by
the 'City Council. Commissioners shall be residents of the city who are
lawfully registered voters of the City, none of whom shall hold any paid office
or employment in the City Government. Applicants for appointment to any
Commission seat must have been laWftN'registered Voters of the City for the
30 days immediately preceding the filing of their application. No person may
serve onMore than one Commission at tirri6.,V;OMPensation of
Commissioners, if any, May be establishethby4'eselUtiOn of the City Council.
§ 303.010 TERMS OF MEMBERS.
Members of the Commissions shall tenerally'sove for a term of four
years andmntil their respective suCcessin:'are,appointed • and qualified. The
terms of at least one and not more than twalneMbersshall expire on July 1st
Of each-Succeeding odd-numbered year, and any'appointment to fill an
Unexpired term shall be for such unexp•reO Pe iriOdorily..The City Council.
1114 determine to appoint persons to the ,00rrirr1issiOnSlorterrns less than
fowyears,for purposes of creating staggered terms or for any other reason
determined by the City Council.
§ 3.03.015 TERM LIMITS.
A', No person shall serve more ttontwo.Ontecutive full terms as
Commissioner. If a person serves a partial term i 6k6es of two years, it
shall be cOnsidered a full term for the purpose, of this provision.
-3-B. Nothing in this provision sha[l act as a bar to service as a
Commissioner after at least two years have elapsed from the last full term as
Commissioner.
§ 3:03.020 REMOVAL; FORFEITURE OF MEMBERSHIP.
A: Commissioners serve at the pleasure of the City Council and
may be removed at any time by a majority vote of the Council.
B. The grounds for forfeiture of the seat Of a Commissioner are the
following:
- 1. The Commissioner is convicted of felony or a crime
involving moral turpitude; or
2. The Commissionereesestobe a. resident and [awfully
registered voter of the City.
UpOn request of the affected ComriiTiSl'OfieriiihoSe seat has been
forfeited., the City Council shall hold a Publi&hearingddring which the City.
CottriCil shall-consider declaring the seatvacant. ,,The conclusion of the. City -
Councikshall be . at the City Council's solediscretimandShall . be final. In the
absence of such a request and notwithstanding the provisions of Section
3.03.005 hereof, after the occurrence Of any , ofthe'foreoing events, the seat
of the Commissioner may be declared v ant ,bylhe City Council by a vote of
at least three of its members
§ 3.03.025 MEETINGS; MEETING PLACE; QUORUM; MINUTES.
. A. , Meetings. Each CommisSIOWshaihnideton an as-needed
'basis a"s determined in the sole discretititi Of therGity Manager or duly
authori2ed designee. Meetings shall atattimol5e ,open to the public and
shall be held in the Council Chambers extept -wheri Stith Chambers are
fequired .for any meeting of the City CoUotil or:Men . the Commission
determines that a meeting should be herd-in a differentlocation due to the
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28subject matter being considered, in which date' another room or public place
within the City emits may be used.
Change of Meeting Place. :Nofide of change in meeting place
shall be posted on the front door of the Couneilthambers.
' C. Quorum. A majority of the membert of the Commission shall
constitute a quorum.
D. Minutes. Commission minutes Shall be kept in accordance with
City Council policy.
§ 3.03.030 COMPLIANCE WITH APPLICABLE LAWS.
r2 Commissioners shall comply with,all applicable taws and City Council
poliCies;
§ 3.03.035 CITY COUNCIL RETAINS JURISDICTION
Unless prohibited by applicable fed-erator State law or the City Charter,
notwithstanding any other provisions of this Code; the City Council retains
jurisdiction on all items which may otherwise be considered by the various
Commissions. Either the City Council ortheCity.Manager, in their sole
discretion, may determine to have any item heard directly by the City Council.
CIVIL SERVICE COMMISSION'
§I.03.100 POWERS AND DUTIES.
• The Civil Service Commission shall -have theMlowing powers and
duties:
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A. . Acting in an advisory:'capacity tothe City Manager, hear
appeals of any employee under thetlassifted--Seivice who has
received a reduction in step withirf a'salatv rang:C suspension,
demotion, or dismissal, or who is aPpealing the denial of a grievance,
and advise the City Manager of its fait:lin-0; conclusions and
-5-recommendations. The City Manager shall consider such findings,
Conclusions, and recommendations and 'render a decision, which .
decision shall be final and conclusive;
B. After a public hearing thereon, recommend to the City
Council the adoption of amendments to or repeal ' of the Civil Service
Rules consistent with th.e City Charter and Civil Service System;
C. Perform such other duties, not inconsistent with the City
Charter, this Code or the Civil Services Rules, with respect to the Civil
Service System as may be prescribed by ordinance, resolution, City
Council policy, other City Council'aotiont-Or the CiVil Service Rules. .
Notwithstanding the foregoing,theOvil'aerviCe Commission shall
have no obligation or authority torierfOrm any duties provided to it
under the Civil Service Rules or other City-policies, when such dUties
arainconsistent with this Chapter.
CULTURAL AFFAIRS COMMISSION
§ 3.03290 POWERS AND DUTIES. -
The Cultural Affairs Commission Sh.alt have tha'folloWing powers and
duties:
A 'Act in an advisory tapabity .to the City Council on matters
pertaining to the enrichment .ofthe'ddmrbunitiqh -rough fine arts, Visual
arts, performing arts, arts education, historic preservation and cultural
issues;
B. Serve as an advocatMdrbultdral activities and programs
within the City;
-6-C.
Implement the City's Public Art Program, and encourage
the integration of cultural affairs into the social and economic fabric of
the City to improve the quality of life for City residents; and
D. Perform such other duties, not inconsistent with the City
Charter or this Code, as may be prescribed ipy ordinance, resolution,
City Council policy or other City Council action.
PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
§ 3.03.300 POWERS AND DUTIES.
The Parks, Recreation, and CommUnity Services' Commission shall
have the following powers and duties:
A. Act in an advisory capaWy to the City Council on matters
p.ertaining to public recreation„Tarksplaygr011ndS, and music-and
.entertainment as may from time totirne be perfdrmed in the city's
parks;
B. Upon review of a . rePOitpi-fteilitecrby staff, recommend
programs and plans designed to promote the full acceptance of all
citizens in all aspects of community life without regard to race, religion,
seX, color or national origin and toreoeiVb .i . hdarand investigate
complaints of discrimination based on race, religion, sex, color or
national origin;
C. Upon review of a . reort ptt rsented by staff, review the
requirements of the City as to park, playgroundarid recreation facilities
and after such review formulate a practical program for the
development of such facilities and MakeSuchzecOmmendations to the
City Council for the approval and imptementation of said program;
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28• ID. Upon review of a report Presented by staff, investigate,'
the possibilities of park beautification and tree planting, develop plans
for the general beautification of public parks through the planting of
flowers, grass, shrubs and trees and recommend to the City Council
for adoption of such program or programs related to said beautification
plans as it may deem practical and 'Proper;
E. Upon review of a report piesented by staff, study and,
from time to time, make recommendations to the. City Council for the
proper care and maintenance of parks, Playgrounds, and the like, and
use its best efforts to promote a gehera[CityLvdde program of -
beautification and park and playgrOund developMent; and
F. Perform such other duties-not inconsistent with the City
Charter or this Code, .as may be pre-Scribed:by-Ordinance, resolution,
City Council policy or other City Council action:
PLANNING COMMISSION
§ 3.03.400 POWERS AND DUTIES.
The Planning Commission shall have the following powers and duties:
A. After a public hearing therdon,,:recornmend to the City
Council the adoption, amendment or 17epeal:of the General Plan, or
any part thereof, for the physical development ofthe City;
B. Exercise such contrOLOVerzoning, land subdivisions and
building as is granted to it by the City Council and by the laws of the
State of California;
C. Make recommendations condeming proposed public
Works and for the clearance and rebuilding of blighted or substandard
areas within the City and public improvement in general;
-8-D. Make recommendations to . the City Council concerning
adoption of or amendments to the City's Standard Conditions of
Approval, which are utilized by the Planning Commission during its
approval of various entitlement appliCations;
E. Upon the direction of the City Council, issue Orders to
Show Cauge why use permits, exceptions or variances granted should
not be revoked for violation and to hold necessary hearings,
transmitting findings and recommendations to City Council. A person
aggrieved by the action of the Commission may appeal to the City
Council by filing a notice of appeal in?acterdance with the appeal -
procedures and within the time lirnitSOt forth in Chapter 17.640 of this
Code;
F. Perform such other -thities, not inconsistent with the City
Charter or this Code, as may be pretcribbd by ordinance, resolution,
City Council Policy or other City Gomel! action.
§ 3.03A05 BOARD OF ZONING ADJUSTMENT. •
A. The Planning Commission II appoint to (2) of its members
to act as a Board of Zoning Adjustment. 'The ictutiesof said Board shall
include the following: 'y ;
1. To hear appeals involving error in any order,
requirement, or determination by any City official in the administration
of Title 17 of this Code (the "Zoniniff.xiM).
2. To perform such other, quties 'as may be prescribed, by
ordinance, resolution or City Couricitpolicy.
B: In the event any applicant,,00 offidial or interested person is
aggrieved by a determination of the Boardof ZOning'Adjustment, an appeal
therefrom may be taken, in writing, to the'Planning'Corrimission as a whole,
imaccordance with the appeal procedures and within the time limits set forth
'
-9-in Chapter 17.640 of the Zoning Code. The Board may refer such matters to
the Planning Commission, as a whole, as it deems advisable.
REDEVELOPMENT AGENCY
§3;03.500 NECESSITY DECLARED; AUTHORITY.
It is hereby found and declared, pursuant to Section 33101 of the
Community Redevelopment Law, that there is a need for the redevelopment
agency created by Section 33100 of said Law to function in the City of Culver
city and said agency is hereby authorize&to transact business and exercise-
its powers under the Community RedeveloPment Law.,
§ 3.03.505 AGENCY DESIGNATED; POWERS AND DUTIES.
The City Council of the City of Gul\WrCity, California hereby declares
itself to be the redevelopment agency to be known as Culver City
Redevelopment Agency and that all rightSAYdrs1; duties, privileges and
immunities vested by the Community RedeveloPMent Law in such agency
Shall be, and are, vested in this body.
§4:03.510 TERM LIMITS.
A:
No person shall serve moreathari two zOritecutive full terms on
tbe:RedeVelopment Agency. If a person serves a partial term in excess of
two years, it shall be considered a full terfrilatfhe purpose of this provision,
B. Nothing in this provision shatt_ cactas a bar to service on the -
Redevelopment Agency after at least two years have elapsed from the last
full term:.
SEGTION,2. Pursuant to Section 619 of the City Charter, this Ordinance
shall take effect ithirty'(30) days after the date of its adoption. Pursuant to Sections 616
and 521 of the City Charter, prior to the expiration of fiftdert (15) days: after the adoption,
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28MARTIN R. COLE City Clerk
Al Q-00267
the City Clerk shall cause this Ordinance, or a summarythereof, to _be:published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City.
SECTION 3. The City Council hereby de .olar:esthat, :•ifany provision, section,
subsection, paragraph, sentence, phrase or word of this-ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect.
APPROVED AND ADOPTED this day of , 2010.
Ct1RISTO,PHER ARMENTA, Mayor
C4 of Culver City, California
;.-
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28RESOLUTION NO 2010-R •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, AMENDING CITY
COUNCIL POLICY STATEMENT 2007-01 ENTITLED
"CITY COMMISSIONS "AND RESCINDING RESOLUTION
NO. 2007-R029.
WHEREAS, a new Charter was adopted by the Quiver City voters on April 11,
2006 and became effective on July 1, 2006; and,
WHEREAS; among several significant changes to be implemented by the
new Charter, Section 1100 authorizes the City Council, by ordinance, to establish and
abolish corrin1Sskons And boards as it may determine
:401e riegegesary, for•the effective and
efficient governance of the City, and Section 2005 of the 64vi Charter allows the City
: -
Council to altedhe structure, membership and duties OfoomMissionS, boards and
committees; and
WHEREAS, on February 24, 2007, at a d't.rly riOtkied 1DUblic meeting, the City
•Council
conducted a facilitated meeting, which involved participation from the City Council,
members of trie'Cityi§ Commissions, members of the . .itys'E.).:ecLitiVe'Management team,
and Members cif the pUbfic; and
WH‘LREAS, on May 29, 2007 at a regular(y]'Schedureci Meeting of the City
: Council, the City Council adopted City Council Adopted'PoliCy 20 .67-01, entitled "City
Commissionänd
WHEREAS, through adoption of Policy 2007-01, the City Council desired to
address the important issues discussed at the facilitated meeting an -February 24, 2007
• and provide consistent guidance to Commissions, their members and City Staff related to
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28the operations of the City's Commissions and the standard of conduct for Commission
appointees; and
WHEREAS, over the past two years, the City Council, through an appointed
• •
Subcommittee, has continued its review of the City's ComrnisSions in light of the new
Charter, the City's existing ordinances, resolutions and policies;including Policy2007-01
and comments received from Commissioners when the City Manager presented City
Council Policy 2007-01 to the Commissions at duly noticed and public meetings of the
Commissions and when the City Council Subcommittee met on multiple occasions with the
Commission appointed subcommittees; and,
WHEREAS, after completing such review, the City Council has determined
that amendments to Policy 2007-01 are necessary for the effective and efficient
governance of the City.
NOW, THEREFORE, the City Council of The City of buiver City, California,
DOES HEREBY RESOLVE as follows:
1. The City Council hereby amendstitY CoUncil Policy 2007-01, entitled
, . . . . .
"City Commissions," Which amended Policy is attached hereto as Eihibit "A" to this
Resolution.
2. Amended City Council Policy 2007-01 Shall be effectiVe immediately
upon its adoption.
,
3. The City Manager is hereby authorized to format this amended City
Council Policy 2607-01 in a format consistent with other ' 6" ity 'Coul ' icii 'adopted policies and
shall include the final Version of this adopted policy with other adopted policies.
// /
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A10-00268
APPROVE! A 0.,FORM:
a
49APIAP
k` flo
.1s.- 1 a il ' .—ffillF4S1111 "
CAR ell A. SCHWAB, City Attorney
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ATTEST:
z
4. The City Manager shall distribute this amended City Council Polity
2007-01 to interested parties, which include, but are hot iimitcrto, the City's Commissions
and City Staff.
APPROVED and ADOPTED this day of - 2010.
CHRISTOPHER-ARMENTA, MAYOR
City of Culver City, California
MARTIN R. COLE, City ClerkCity Council Policy 2007-01
Adopted by Resolution No 2007-R029 on May 29, 2007
Amended by Resolution No. 2010-R on July ,26, 2010
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:
• Pat-kg and Recreation Commission
• .Planning Commission
• CiVil Service Commission
• Cultural Affairs Commission •
- '
This Policy shallapply ,t0 all Commissions, both existing at the time of the
adoption of this Policy and subsequent thereto and:A - ail; be consistent with the
City Charter and other applicable laws. -
BACKGROUND
This policy is a result of discussions at the facilitated ngeetings helct-ip February,
2007 during which the City Council met with members ,of thle,.City's Commissions
and Executive,Management and over two years of meetings 'held between a City
Council Subcommittee, Commission appointed subcoMmittees, staff, and
consultants. This policy addresses various issues raised during these meetings
by City CouncifNernbers, City Commissioners, and Executive Management.
GENERAL ROLE OF. THE CITY'S COMMISSIONS
The City of CiAlver City prides itself on the partiCiPatorl nature of its local
government. The City's Commissions play an imkirtan rf, k'rble in the efficient
governance of the city, and provides interested cornMan0 members WM 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 rrtaijy :',i4-0es.: In the role of
advisors to the City Council, Commissions administer policies adopted by the
City Council. From time to time, Commissions maYpeasJed . to interpret and
enforce City Council adopted policy. However, unless expressly , provided the
authority to do :SC,. by the City Council, Commissions shall )10U-flake policy.
I /I
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Page 1 of 7
Exhibit "A" to Resolution No. 2010-RCOMMISSIONER 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:followir4
•
Preparation for:Meetings
It is necessary for Commissioners to be prepared to dismiss 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 Prepareand 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 te/eVised.'-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 rOntilly, Commission
meetings, Commissioners shall be appropriately attiredL Ef6Sipess Casual shall
be the generally acceptable mode of attire.
Conduct at Meetings • I ,
In compliance with the State's Open Meetings Law, cOMiti 3Onlyknown as ``The
Brown Act," COEnmiSsions can only take action on
items
that appear on the
Agenda. Commissioners wishing to have an item age,ndized for discussion must
Obtain a majority of Commissioners' support to place an item on a future agenda.
Commissioners Whe 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 a natural part of the process in a participatory Over-rimer:1C However, it
is important that Commissioners conduct meetings_ With Proper "decorum and
respect. , •
To facilitate proper decorum, Roberts Rules of Order t ha 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 requireryeht, I Commissioners shall
conduct themselves in an appropriate manner at all tithes, including prior to and
during meetings and while in contact with the press and mernbers'of the public.
Page 2 of 7
Exhibit "A" to Resolution No. 2010-R 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 Commissioners ., and the public and is allowed , to;spea.k:without undue or
inappropriate interruption, and that Commissioners, . those addressing the
Commission, and members of the Public are treated witildue respect
During 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.
Role of the City Attorney
AS provided in the City Charter, the City Attorney, or her designee, is the
chief legal adviser to the City Council, City Manager and 64 City departments in
all matters pertaining to the business of the City, Commissions and individual
Commissioners, in their advisory capacity to the City Council are required to
adhere to the legal :Opinions and advice of the City ''f6ttOrney':With regard to
procedural rhattPrS, -and give deference to such opinions with regard to
interpretations ottiaW.
Use of Official City identification
. -
Official City identification (including ID Cards, busineSS -:0-4,ote.') stimi be
used for official identification purposes only Further 061;0651§tpntMith the
spirit of the Attorney Generars Opinion, official identification shall be a
nametag like pin for the City Council, the Commissioners, and all non-sworn
staff. Inappropriate use of Official Identification items shall be classified as
Major Misconduct with Significant consequences.
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 MiS'conduct: Issues will be reported to the Department Head of
the department that provides staff support to the Commission. The
Departnient Head shall then attempt to resolve the issue with the City
Manager and Commissioner.
(2) Major, Misconduct: Issues of this level willinyolve . thre City Manager's
Office arid may _lead to a recommendation to the City Council to remove
the Commissioner from his or her seat.
•
Page 3 of 7
Exhibit "A' to Resolution .No. 2010-RThe City Manager shall report Commissioner misconduct to the City Council.
Following are examples of misconduct which may subject Commissioners to
disciplinary action(s): .
(1) Minor misconduct: Lack of preparation for a meeting; late arrival at
meetings; discourteous behavior in relations with fellow
CorriMissioners, staff, and/or members of the;,pupiic,
(2) Major, misconduct: repeated instances Of Minor misconduct; misuse
of official City identification; violation of City Council Policies
(including, but not limited to, the City Council Policies addressing
violence in the workplace; acceptance of gifts or gratuities; drug free
workplace and drugs and alcohol in the workplace; discrimination and
harassment in the workplace; and smoking in the workplace; and
other policies as may be adopted by the, City Council. from time to
time)t
While the above ,items are presented as examples, the determination of what (if
any) discipline to 'impose, up to and including removal from a Commission, shall
be at the sole discretion of the City Council.
Discipline of Commissioners by the Cih, Council
Should the City Coiancil determine, in its sole ditcretiOn, :that a COmmissioner
may have allegedly acted in a manner inconsistent with law or this Policy, the
City Council may,deterenine to impose any or all of the felioWihg:
(1) Provide direction to the City Manager to meet with the
Commissioner(s) to informally investigate alleged, Misconduct and
proVide, counseling to the Commissionee(S), to indicate behavior
consistent with law and this Policy,
(2) Provide direction to the City Manager to investigate Commissioner
misconduct and wort findings to the CityCouncit.,,'
(3)
Require the Commissioner to. appear b6fore the - City Council to
hear charges of misconduct
(4) Oetermine, in the City Council's sole dispretion and, with or without
cause, to 'remove a Commissioner from his/her Seat Such removal
shall only be effective upon a majority vote of the City Cbuncil.
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 meefingS.
e
Page 4 of 7
Exhibit 'A" to Resolution No. 2010-R 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 on said Commission, provided, how0.61--,.;:thatthefe
shall be no such forfeiture in the event of any of the following:
,
A When a Commissioner is unable to attend-I:11_1610 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.
For purposes of this Policy, attendance at a meeting shall,pe„estahlished
when a Commissioner is present for a minimum of 50'.Vp of the duration of
the meeting. Quration of the meeting shall be the total tiMe:iPeriod'
elapsed from the convening of the meeting until the adjournment ofthe
. . 7
meeting, including any recesses.
• e 6,, ,
COMMISSION INTERACTION WITH THE CITY COUNCIL
One common theme discussed at the facilitated meetings was tile ,importance of
having regular interaction between the City Council and Commissioners.
Therefore, the following may be scheduled:
• Annual Joint Meeting of all Commissions with the City Council.
COMMISSION INTERACTION WITH THE CITY
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 consuffWith the City Manager's
Office.
;
Commissions, as bodies, and individual Commissbriers ma); Make routine
informational requests 'to City Staff that do not require significant research or
other allocation of ,staff resources. Neither Commissions nor individual
GommissionerS'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. Majoi"potiey items may also be
Page 5 of 7
trel,
Exhibit "A' to Resolution No'. 2010-Rpresented to the City Council for consideration and direction prior to allocation of
staff resources by the City Manager.
COMMISSIONER ORIENTATION/TRAINING
•.
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 Orientation . .
To ensure newly appointed Commissioners are best prepared for their important
advisory roles, Commission appointees are required . to attend an orientation
within 90 days of their appointment. Failure to attend such orientation shall result
in forfeiture Of the appointment. The orientation program will - provide new
Commissioners with information in the following basic areas
• General City Operations
The State Open Meetings Law (The Brown Act)
• Generalfarliamentary Procedure (Roberts Rules) and Etiquette
• Ethics (AB 13 .4) — Including proper use of Commissioner Title and Official
City Identification.
Electronic Voting System
Existing Commissioner Training and Ongoing Training
The City Council_ shall consider funding that would provide .ongoing training to
CommissionecS ., during each fiscal year Commissioners are encouraged to
recommend appkcable training for inclusion in future yearF budgets This training
should include ;training tspecific to the area of responsibility of the Commission
One source of important and credible training is the L:pqgue-,cf,California Cities.
Requests to participate in training Opportunities shall be subject to the prior
approval of the bepartrnent Head or the City Manager.
MEETINGS OF .COMMISSIONS
. ;
Frequency of Meetings
Commissions 'sfiall Meet on an as needed basis. No Commission meeting shall
be held durin4 Months when the City Manager or his duly authorized designee
determines there are insufficient items to justify a meeting. •
.1!
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 Minytes). To facilitate more
rapid production and transmittal of the minutes:1310ff 'shall .Prepare and
Commissions Shall approve Action Minutes similar to those produced for the City
Council meetings. Where there is a dissenting opinion, a one sentence
Page 6 of 7
Exhibit "A' to Resolution Ncr. 2010-R description of the nature of the opinion may be included. Commissioners or
members of the public interested in additional inforMation'may seek a copy of the
audio/video recording of the meeting from the City staff.
f
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.
Compensation
In accordance with Culver City Municipal Code Section . 3.0I0p5, compensation
of Commissioners, if any, may be established by resolution Of the City Council.
Page 7 of 7
Exhibit "A" to Resolution No. 201 ID-R RESOLUTION NO. 2010-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, AMENDING CITY
COUNCIL POLICY STATEMENT 3003 ENTITLED
"ISSUANCE OF CITY PARKING DECALS" AND
RESCINDING RESOLUTION NO. 95-R005.
WHEREAS, a new Charter was adopted by the Culver City voters on April 11,
2006 and became effective on July 1, 2006; and,
WHEREAS, as part of the Phase 2 implementation of the new City Charter,
.;
The City Council reviewed the roles and duties of City Commissions and Boards, including
existing provisions ofthe Culver City Municipal Code and, CitY, Council policies; and
WHEREAS, after reviewing City Council Policy Statement Number 3003
. •
relating to the issuance of City parking decals, the City,COuncil determined that, effective
June 30, 2011, certain positions and organizations should no longer receive parking decals
as authorized by Section 7.01.230.B.2 of the Culver City Municipal Code.
NOW, THEREFORE, the City Council of the City Of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. The City Council hereby amends City cOuheil Policy 3003, entitled
"Issuance of City Parking Decals," which amended Policy is attached hereto as Exhibit "A"
to this Resolution.
2. Amended City Council Policy 3003 .shall be effective on July 1, 2011.
3. The City Manager is hereby authorized to fOrrnatlhis amended City
Council Policy 3003 in a format consistent with other City COuncii adopted policies and
shall include the final version of this adopted policy with other adopted policies.
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284. The City Manager shall distribute this amended City Council Policy
3003 to interested parties, which include, but are not limited to, the City's Commissions.
and City Staff.
APPROVED and ADOPTED this day of 2010.
CHRISTOPHER ARMENTA, MAYOR
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
Al 0-00271
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-2-CITY OF CULVER CITY
COUNCIL POLICY STATEMENT
General Subject: 'Administration
Specific Subject: . 1Ssuance ,of City Parking
Decals
Policy Number: 3003
Date Issued: 01123/95
Effective Date: 01/24/95
Resolution'No.: 95-R005
Date Amended: -07126/2010
Effective Date: 06/30/2011
Resolution No.:
PURPOSE:
04.
To establish policy regarding the issuance of City parking decals (permits) to authorized
persons.
STATEMENT OF PPLICY:
Pursuant to Municipal Code Section 7.01.230, certain people who operate their private
vehicles on ,official City business are exempt from the enforcement Of certain parking
regulations Of the Code : 'The City may issue parking decalkcperrnits) which allow for
parking in time-limit zones or metered areas. Currently such permits authorized for
'
City Council
City Manager
City Attorney -
Department Heads
Other persons as authorized by the City Manager
,
Permiftees Must be operating the vehicle in the conduct Of City iiuine's .s; and the valid
permit must be conspicuously displayed on the left rear bumper of the vehicle.
Citatibns issued to sUch vehicles may be voided by the Chief of . Police when proof of
City business at the time and place of the citation is presented. =
PROCEDURES: •
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Numbered parking .decaiS will be issued through the office .' of:th-e .C6r
Manager
or other
City Depaitment of Office designated by the City Manager Persons with multiple
vehicles may be issued more than one permit. When the vehicle is no longer being
used, or when the is no longer eligible under this policy, permits shall be
removed from the Vehicle and surrendered to the City by the permittee.
Additions/deletions from the list of authorized persons shall be determined by the City
Manager.
Exhibit A to Resolution No. 2010-R ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SECTION 7.01.230.B.2 OF THE
CULVER CITY MUNICIPAL CODE PERTAINING TO
EXEMPTION OF VEHICLES FROM PARKING OR
STANDING PROVISIONS.
WHEREAS, as part of the Phase 2 implementation of the new City Charter,
the City Council reviewed the roles and duties of City Commissions and Boards, including
existing provisions of the Culver City Municipal Code and City Council policies; and
WHEREAS, after reviewing City Council Policy Statement Number 3003
relating to the,issualre of City parking decals, the City 000110 .termined that, effective
_ •
June 30, 2011,pertain positions and organizations slOulfi ne, king ,er receive parking decals
• .
as authorizedtySection 7.01.230.B.2 of the Culver City Municipal Cede.
- NOW, THEREFORE, the City Council of the City of Culver City, California,
=
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Section 7,01.230.B.2 of thetlilVer CitY Municipal Code is
1,
hereby amended to read as follows (strike-through indicates a deletion; underline indicates
'
an addition):
The provisions of this Chapter *1:414tirigli-id parking or standing or
.; --
vehicles 'Shall not apply to:
2. Any vehicle of a duly elected and acting member of the
City Council, the City Clerk, the City Treasurer,. the City Attorney, the City
Manager, a Department Head, or any other position as authorized by the City
Manager,
a. • e . •
ta,
o the vehicle of any cfuly'appointod:and acting member-of
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Education of the Culver City Unified Schcol-Pidtrict Which is parked by such
bffiaal-while such person is actually engaged 4-1 official business and while
parked in a metered space or posted zone provided however, that no
;
vehicle shall be exempt hereunder unless there is a 'Current permit decal
issued in a form and manner designated by the CitY Manager conspicuously
displayed upon the left-hand side of the rear burriper of said vehiclera-eurrent
•
SECTION 2. Pursuant to Section 619 of the City Charter, this Ordinance
shall take effectlhirty (30) days after the date of its actoption: ,,pursaant to Sections 616
and 621 of the'City Charter, prior to the expiration of fiftedn'(15).daysiafter the adoption,
the City Clerk Shall Gau ge this Ordinance, or a summarythereof,:lo be published in the
Culver City News and shall post this Ordinance or a summarythereof tin at least three
places within try6 City, ;
SECTION 3. The City Council hereby declares that litany provision, section,
subsection, paragraph; sentence, phrase or word of this :Ordinance is rendered or declared
invalid or unconstitutional by any final action in a courtoftoMpetentjurisdiction or by
reason of anytireemptive legislation, then the City Couficii would ,'haVe independently
adopted the rerriaining'.provisions, sections, subsectionsAaara0-aphS; sentences, phrases
or words of this ordinance and as such they shall ren-Tain in full , force and effect.
APPROVED AND ADOPTED this zdaY of- 2010.
CHRISTOPHER ARMENIA, Mayor
City of dulifer City, California
-APPROV D AS TO FORM:
Ahoy" Also
tom' 17)/r/
'. .- AikiTYL A. SCHWA:, City Attorney|1010101010101010 10
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ATTEST:
"
MARTIN R. COLE City Clerk
-2-
eag lieh CITY
INTEROFFICE MEMORANDUM
DATE:
TO:
07/23/2010
Honorable Mayor Armenta and Members of the City Council
Commissions
Carol Schwab, City Attorney
Heather Baker, Assistant City Attorney
July 26, 2010 Council Meeting - Discussion of Commission Roles
Lamont Ewell, City Manager
Martin Cole, Assistant City Manager
Serena Wright, Human Resources Director
Sol Blumenfeld, Community Development Director
Pam Robinson, PRCS Director
FROM:
SUBJECT:
CC:
The City Manager has requested the City Attorney provide a Memorandum related to
the role of the City's Commissions under the City Charter as approved by the voters in
April, 2006 (which became effective on July 1, 2006).
BACKGROUND:
The California Constitution provides the voters in a municipality the ability to adopt a
City Charter, which serves as the highest form of local law within the City, except to the
extent preempted by state or federal law. Culver City voters exercised their rights to
enact a Charter, which made Culver City a Charter City.
Approximately six years ago, the City Council appointed a Charter Review Committee,
which reviewed and submitted proposed substantive changes to the City Charter to the
City Council. The City Council voted to place the proposed Charter revisions on the
ballot for a vote of the People. On April 11, 2006, after significant discussion and an
informative campaign conducted by both those in support and opposed to the proposed
Charter, the voters of the Culver City approved a new City Charter (the "Current
Charter"). The primary and significant change contained in the Current Charter was a
shift to a Council-Manager form of government from the Chief Administrative Officer
structure that existed in the former City Charter, which was last revised in 1979 (the
"Former Charter").
Under the Former Charter, the City Council appointed a Chief Administrative Officer
("CAO"), the City Attorney, and all other Department Heads. In regards to the CAO
position, the Former Charter contained provisions relating to the appointment of the
CAO and the duties of the CAO with respect to the budget. The Former Charter
contains a broad statement of the Council's duties found in Section 506: "All powers of
9770 CULVER BOULEVARD CULVER CITY, CA 90232-0507Memorandum to the City Council
Re; July 26, 2010 City Council Meeting — Discussion of Commission Roles
July 23, 2010
Page 2 of 2
-
the City shall be vested in the City Council, subject to these provisions of the Charter
and of the Constitution of the State of California."
In addition, the Former Charter established three specific Commissions, including the
Civil Service Commission, Parks, Recreation and Community Services Commission and
the Planning Commission. However, the Current Charter does not create any
Commissions, giving the City Council more flexibility and authority to create its
Commissions in a manner it deems appropriate.
DISCUSSION:
Role of City Manager:
In contrast with the broad language contained in the Former Charter, Section 300 of the
Current Charter provides: "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." When compared with the Former
Charter, this Section provides for the specific policy-nnaking role of the City Council and
the administrative role of the City Manager.
Further, unlike the Former Charter, the Current Charter provides numerous other
references to the City Manager. Particularly, Article VII of the Current Charter relates to
City Administration and provides significant authority and responsibility for the City
Manager (see Attachment 1). Pertinent Sections include:
Section 700:
"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;
PRINTED ON RECYCLED PAPERMemorandum to the City Council
Re: July 26, 2010 City Council Meeting — Discussion of Commission Roles
July 23, 2010
Page 2 of 3
(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."
Section 701:
"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."
The provisions of these Sections further demonstrate the intent of the Current Charter
that the City Manager shall administer and manage the operations of the City and
implement the policies adopted by the City Council.
Role of Commissions:
In contrast with the Former Charter, Section 1100 of the Current Charter does not
establish any specific Commissions or duties of Commissions; rather, it provides: "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."
PR/NTED ON RECYCLED PAPERMemorandum to the City Council
Re: July 26, 2010 City Council Meeting — Discussion of Commission Roles
July 23, 2010
Page 2 of 4
The City Council, as the appointive body of the Commissions, may not convey any
authority to the Commissions that the Council itself was not given by the Charter. The
City Council is not required to establish any Commissions by the Current Charter;
however, a Planning Commission is required by state law. Further, any commissions
created by the City Council are bound by the provisions of the Current Charter in the
same manner as they relate to the City Council, including, but not limited to, the non-
interference clause set forth in Section 701 as discussed above.
Two types of commissions can be found in local government—advisory and managerial.
An advisory commission differs from a managing commission in important ways. A key
difference is that a managing commission is involved with the operation and
management of a city. An advisory commission is not involved in this area and cannot
issue instructions to a city manager or other department head with regard to the
operations of the city or department. It should be noted that the Planning Commission,
pursuant to State law, does perform quasi-judicial duties. Under the Current Charter,
due to the administrative/management authority being vested solely in the City
Manager, any commission created by the City Council should be structured so it does
not interfere with the City Manager's performance of his duties.
CONCLUSION:
In order to fully and properly implement the Current Charter, it is advisable that the City
Council, its appointed Commissions, the City Manager and the Departments review and
make determinations about changes to the Municipal Code, City Resolutions, Rules and
any policies or procedures, so that they conform with the voter-adopted Council-
Manager form of government. Under this structure, the City Council sets policy and the
City Manager administers the government by implementing the policy directives of the
City Council.
As discussed above, in some cases, such review has resulted in significant changes to
the duties and roles performed by the City Council, the City Manager, the Commissions,
and/or Departments under the Current Charter when compared to those duties
performed under the Former Charter. Further, where the Culver City Municipal Code,
City Council Policies, Administrative Procedures, or any other local rule or regulation is
determined to be in conflict with the Current Charter, they should be revised where
appropriate, and repealed when necessary.
PUNTED ON RECYCLED PAPEIZ