Legislation Details

File #: HIST-15199    Version: 1 Subject:
Type: Historical Status: Action Item
In control: PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
On agenda: 11/4/2010 Final action: 11/4/2010
Title: (1) Report from the Human Relations Subcommittee; and, (2) Consideration of a Recommendation to the City Council that the City Host a Human Relations Related Event.
Attachments: 1. (1) Report from the Human Relations Subcommittee; - ItemA1report.doc, 2. (1) Report from the Human Relations Subcommittee; - A1attachement.pdf
City of Culver City, California Agenda Item Report Meeting Date: 11/04/10 Item Number: A-1___ PRCS COMMISSION AGENDA ITEM: (1) Report from the Human Relations Subcommittee; and, (2) Consideration of a Recommendation to the City Council that the City Host a Human Relations Related Event. Contact Person/Dept.: Pam Robinson, Acting PRCS Director Phone Number: (310) 253-6724 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Commission Action Required: Yes [] No [] Date: _______________ Public Notification: (Email) Meetings and Agendas – Parks, Recreation and Community Services Commission (10/29/10); (Email) Parks, Recreation & Community Service Department Updates (10/29/10). Department Approval: Pam Robinson (10/28/10) City Attorney Approval: N/A Fiscal Impact Approval: N/A City Manager Approval: N/A RECOMMENDATION: Staff recommends that the Parks, Recreation and Community Services (PRCS) Commission: (1) Hear a report from the Human Relations Subcommittee; and, (2) consider making a recommendation to the City Council that the City host a Human Relations related event. BACKGROUND: On October 27, 1979 the Council adopted Ordinance Number CS-942 changing the name of the “Park and Recreation Commission” to “Human Services and Park Commission” and merging the “Human Relations Commission” therewith. The duties of the Human Services and Park Commission (now the Parks, Recreation and Community Services Commission) related to human relations issues are specifically stated in Culver City Municipal Code (CCMC) Section 3.03.115 (b), as follows: To recommend programs and plans designed to promote the full acceptance of all citizens in all aspects of community life without regard to race, religion, sex, color or national origin and to receive, hear and investigate complaints of discrimination based on race, religion, sex, color or national origin. Former City Manager Mark Scott attended both the January 5 and March 2, 2010 Commission meetings to discuss the duties and responsibilities of the PRCS Commission. On April 5, 2010, Mr. Scott presented a report to the City Council regarding the roles of commissions. He recommended that the City Council direct City of Culver City, California Agenda Item Report staff to prepare Amendments to the Culver City Municipal Code relating to the duties of the Parks, Recreation & Community Services Commission, and update the Ordinances establishing other Commissions to provide for a common format (Sections 3.03.005 through 3.03.420). With relation to the PRCS Commission’s Human Relations’ function, Mr. Scott had received Commission support for eliminating the role of the Commission as an investigative body. Therefore, he proposed the following revision to the PRCS Commission’s powers and duties: To recommend programs and plans designed to promote the full acceptance of all citizens in all aspects of community life without regard to race, religion, gender, sexual orientation, age or national origin. On July 8, 2010 the PRCS Commission took unanimous action to call a Special Meeting in order that the full Commission could attend the July 26, 2010 City Council meeting to be present for the Council discussion on the role of City Commissions and provide testimony or answer questions posed by the City Council. An excerpt of the City Council approved meeting minutes relating to that discussion, Agenda Item A-6, is provided as an Attachment. At the conclusion of the July 26, 2010 discussion, the City Council did not pass any of the proposed motions and deferred making changes to the structure and function of the City’s Commissions until such time that staff comes back before the City Council with additional information and proposals, most specifically with relation to the role of the Civil Service Commission. Therefore, until CCMC is amended by action of the City Council, the PRCS Commission’s Human Relations’ function stands as originally written. DISCUSSION: On Thursday, October 21, 2010 the members of the Human Relations Subcommittee, Commissioners Daly Redholtz and Greene, met with Acting PRCS Director Pam Robinson to discuss various Human Relations related topics. This Agenda Item has been prepared to give the Subcommittee members the opportunity to provide a verbal report of that meeting to the full Commission, including presenting for discussion suggestions that may provide the basis for possible recommendations to the City Council. FISCAL ANALYSIS: There is no fiscal impact associated with the discussion of this Agenda Item at this evening’s meeting. Costs to the City associated with any actions resulting from tonight’s discussion will be presented when more information becomes available. City of Culver City, California Agenda Item Report ATTACHMENT: Excerpt of the Approved Meeting Minutes Relating to July 26, 2010 Council Agenda Item A-6. MOTIONS: That the Parks, Recreation and Community Services Commission: 1. Hear a report from the Human Relations Subcommittee; AND 2. Make a recommendation to the City Council that the City host a Human Relations related event; OR 3. Provide staff with alternate suggestions. MEETING DATE: November 4, 2010 AGENDA ITEM: (1) Report from the Human Relations Subcommittee; and, (2) Consideration of a Recommendation to the City Council that the City Host a Human Relations Related Event. ATTACHMENT Pages Excerpt of the Approved Meeting Minutes Relating to July 26, 2010 Council Agenda Item A-6. 1 - 6 11 July 26, 2010 Item A-5 (continued) Staff read minor corrections to the ordinance into the record and distributed a handout for reference. Discussion ensued between the City Council and staff regarding the definition of local business; administrative policies; qualifications for local sales tax; and additional clarification. o0o Item A-6 1) Discussion of the Roles of City Commissions under the New City Charter; 2) Introduction of an Ordinance Repealing and Replacing Chapter 3.03 of the Culver City Municipal Code (CCMC) Relating to City Commissions and Agencies; 3) Adoption of a Resolution Amending City Council Adopted Policy 2007-01 Entitled “City Commissions,” and Repealing Resolution No. 2007-R029; 4) Provide Direction Regarding the Proposal to Designate the Public Works Director as the Person Responsible for Street and Parkway Trees Including the Removal of Trees with an Appeal to the PRCS Commission; 5) Introduction of an Ordinance Amending Section 7.01.230.B.2 of the CCMC Clarifying those Individuals Eligible to Receive Parking Decals Which Exempt their Vehicles from Parking or Standing Provisions; and 6) Adoption of a Resolution Amending City Council Policy Statement Number 3003 Entitled “Issuance of City Parking Decals” and Rescinding Resolution No. 95-R005. Martin Cole, Assistant City Manager/City Clerk, provided a summary of the material of record. Mayor Armenta invited public comment. Page 1 ATTACHMENT 12 July 26, 2010 Item A-6 (continued) The following members of the audience addressed the City Council: Marta Zaragoza expressed support for the Commissions, changes requiring monthly payments to Commissioners, and the elimination of badges; she discussed the process for modification and the importance of checks and balances; asserted that issues should come before the City Council rather than the City Manager; expressed support for red light cameras; wanted to see the West Los Angeles College expansion done right; and she discussed submission of late speaker cards. Desmond Burns, President of the Culver City Employees Association, expressed concern with retaining the integrity of the Civil Service Commission; discussed extensive adjustments to the Civil Services rules made in 2006 when the City converted to a Charter; and he questioned the timing of the current changes. Richard Ochoa, Civil Service Commissioner, asserted that the changes were made in haste; felt the agenda item was premature; asked that the item be postponed; expressed concern that the item had not been properly vetted; and noted that items included were not discussed by the Commission. Laura Stuart, Parks, Recreation and Community Services Commissioner, suggested creating protocol to improve communication with the City Manager; discussed parking decals; and requested a Commission meeting with the new City Manager. Vicki Daly Redholtz, Parks, Recreation and Community Services Commissioner, discussed the process; concern with communication; bi-monthly subcommittee meetings to set goals; concern with the possibility of the City Manager canceling meetings without Commission consultation; and parking decals. Page 2 13 July 26, 2010 Item A-6 (continued) Marianne Kim, Parks, Recreation and Community Services Commissioner, expressed concern with the possibility that the Commission might only meet at the discretion of the City Manager; concern with staff reports presented to the City Council that are not consistent with Commission discussion; jurisdiction over trees and music entertainment; and clarification regarding usage of park facilities. Rick Hudson, Parks, Recreation and Community Services Commission Chair, noted that the subcommittee had not met during the last year; discussed scheduling of the Park Tour; and he reported that the Senior Center, Skate Park, and Dog Park were running well. Brian Fitzpatrick, representing the Culver City Police Officers Association, expressed concerns and opposition to the proposed dismantling of the Culver City Civil Service Commission as an independent body with binding authority; listed specific concerns with regard to discipline, employment and promotional decisions, and oversight; expressed concern with the ability of any City Manager to be an impartial arbitrator; discussed Civil Service jurisdiction over the testing process; the vote of no confidence with Police Chief Don Pedersen; the importance of having an independent body; and concern that they had not been able to meet and confer on the meet and confer item. Wendell Phillips, Attorney for the Culver City Employees Association, asserted that discipline should not be subject to political whim; asserted that those who hear the testimony should make the decisions; and he noted that there were no problems with the current system. Dan Gallagher, Civil Service Commission Chair, provided background on himself and discussed the importance of independent oversight and risk management. Page 3 14 July 26, 2010 Item A-6 (continued) Michael Whitaker, Civil Service Commissioner and Charter Review Committee member, felt that the basis for the changes was flawed; discussed the Civil Service system; expressed concern with the ability of City staff to be impartial; he asked that the Civil Service system be maintained; discussed the City Charter; and he asserted that the Charter Review Committee did not discuss elimination of the Civil Service system. Meghan Sahli Wells asserted that the Civil Service Commission provided important checks and balances; she felt the Commission should continue to report to the City Council; and she asked that its current role, independence and integrity be maintained. Tony Pappas discussed parking decals; the Civil Service Commission; and concern with changes related to the conversion to a charter form of government. Alice Prasad, Associate Analyst, read written comments from: Marla Koosed, Culver City Cultural Affairs Commissioner Sandy Stivers, Culver City Civil Service Commissioner Martin Cole, Assistant City Manager/City Clerk, read a written comment from: Sharon Zeitlin, Culver City Civil Service Commissioner Martin Cole, Assistant City Manager/City Clerk, reported that written comments from Alan Corlin and Sandy Levin had been received and incorporated into the record. Page 4 15 July 26, 2010 Item A-6 (continued) Discussion ensued between the City Council and staff regarding recommendations in the staff report allegedly not discussed at subcommittee meetings; the critical oversight role of the Civil Service Commission; the general recommendations; meetings on an as-needed basis; the importance of Commission consideration and input; communication and information flow between Directors and Commissions; differences between Commissions and their duties; retention of the Civil Service Commission as final arbiter; power of the City Manager; encouragement to Commissioners to contact Councilmembers with staff communication issues; consecutive terms; badges; parking decals; the process for consideration of trees; justification for the changes; checks and balances; grievance appeals to the City Council; changes to the form of government in the City and the intent of the voters; additional information; adequate notice; and tabling the motion. Councilmember Weissman suggested a motion to approve the 12 general recommendations as amended, and ratification of the roles and responsibilities of the Planning, Parks, Recreation and Community Services, and Cultural Affairs Commissions, with modifications made to indicate that the Civil Service Commission is the final arbiter. Further discussion ensued between the City Council and staff regarding having a separate discussion on the role of the Civil Service Commission; actions of other cities; current and proposed language regarding the powers and duties of the Civil Service Commission; parking decals and School Board members; language with regard to requirements to adhere to legal opinions and advice of the City Attorney; and the role of the City Attorney with regard to the Civil Service Commission. Page 5 16 July 26, 2010 Item A-6 (continued) Discussion continued between the City Council and staff regarding proposed motions made by Councilmember Weissman. These include directing that the City Manager work with the Civil Service Commission to come up with a proposal with regard to any oversight role that the City Council wishes for the Civil Service Commission and to have with Civil Service rules amended to be consistent;, and that staff return with the implementing ordinance and resolutions consistent with modifications discussed for final review and approval. Heather Baker, Deputy City Attorney, clarified that staff had received policy direction during the City Council discussion and would bring back revised documents but nothing would take affect tonight. Discussion continued regarding the provision related to City Attorney opinions; standard conditions of approval; direction to staff to incorporate comments; and options available to the City Council. o0o Item A-1 Direction Regarding the Use by the Culver City Unified School District Board of Education of the Mike Balkman Council Chambers. Martin Cole, Assistant City Manager/City Clerk, provided a summary of the material of record, noting that he had received written correspondence from Karlo Silbiger and Steven Gourley, Culver City School Board members. Mayor Armenta invited public participation. Page 6