City of Culver City, California
Agenda Item Report
Meeting Date: 04/05/2010 Item Number: A-2
CITY COUNCIL AGENDA ITEM: A Report from the City Manager Related to the
Council/Commission Subcommittee regarding the Role of Commissions.
Contact Person/Dept.: Mark Scott Phone Number:
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [] Date: _______________
Public Notification: Agendas and Meetings – City Council (04/01/10); Civil Service
Commission, Cultural Affairs Commission, Parks, Recreation and Community Services
Commission and Planning Commission (04/01/10)
Department Approval:
Mark Scott (04/01/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/01/10)
Chief Financial Officer Approval:
Mark Scott (04/01/10)
City Manager Approval:
Mark Scott (04/01/10)
RECOMMENDATION:
Staff recommends that the City Council receive this report from the City Manager
related to the Council/Commission Subcommittee regarding the role of
Commissions. Staff further recommends 1) that the City Council direct staff to
prepare amendments to the Culver City Municipal Code (CCMC) as it relates to
“duties” of the Parks, Recreation and Community Services Commission, and to
update the ordinances establishing other commissions to provide for a common
format; and 2) that the City Council move forward with discussions with the Civil
Service Commission to bring their duties into conformance with the City Charter
sections relating to the City Manager’s administrative authorities.
BACKGROUND:
Following voter approval of the Charter of 2006 (New Charter), the City Council
established a Council Subcommittee on Commissions (the “Council Subcommittee”).
The Council Subcommittee’s task was to meet with subcommittees from the various
City Commissions (collectively, the “Commissions”) to discuss their operations,
staff/commission working relationships, and better define the Commissions’ roles
and duties. In particular, there was an interest in bringing the provisions of the
CCMC relating to the various commissions into conformance with the Council-
Manager form of government as established by the New Charter.
Mayor Weissman and Councilmember Silbiger have served on the Council
Subcommittee for the past two years, after assuming the role from a different
subcommittee assigned by the previous City Council. Over that time period,
numerous discussions have been held among the Council Subcommittee, City of Culver City, California
Agenda Item Report
Commission subcommittees and staff. Some of the discussions related to
maximizing the working relationships. Many of the ideas from those discussions
have already been implemented and other improvements are a work in progress.
The effort to get conformance between the defined role and duties of the
Commissions in the CCMC with the provisions of the New Charter (specifically, the
Council-Manager form of government) has been ongoing. In December 2009, the
City Manager was asked for input on how to make the language more appropriate.
Following discussion by the Council Subcommittee, the City Manager was asked to
meet with two of the commissions – Parks, Recreation & Community Services
(PRCS) and Civil Service – to seek consensus on new language. In particular, the
City Manager and Council Subcommittee members felt that the CCMC still reflected
the former Council-CAO organization and granted duties and authorities to
commissions that are in direct conflict with those of the City Manager. The City
Manager made presentations at regularly scheduled meetings of the two
Commissions for the purpose of seeking new language.
Parks, Recreation & Community Services – The City Manager met with the PRCS
Commission in January and March during the Commission’s regularly scheduled
meetings. After considerable discussion, there was mutual agreement to adopt new
language, as shown in Attachment 1. The PRCS Commission voted unanimously to
support this new language.
Civil Service Commission – The City Manager was unable to schedule a date with
the Civil Service Commission until March. At that meeting, the Commissioners
listened to a presentation, but took no action. The members expressed a desire to
talk to the City Council and to the new City Manager before proceeding. Attachment
2 is a discussion sheet provided by the City Manager to the Civil Service
Commission on that date.
DISCUSSION:
Because there is agreement on the statement of duties with the PRCS Commission,
it would be appropriate to move forward with directing staff to return to the City
Council with an ordinance to amendment the CCMC in this regard.
The overall format of the various enabling sections of the CCMC relating to
Commissions (Sections 3.03.005 thru 3.03.420) are inconsistent, given that various
Commissions have been established at different times. Thus, it would be
appropriate for staff to also update the CCMC, as to form, so as to provide
consistency and clarity to these provisions. Such amendments can be done
concurrently.
With regard to the Civil Service Commission, it is important to address the
inconsistencies between the New Charter and CCMC. As indicated in the City City of Culver City, California
Agenda Item Report
Manager’s handout (Attachment 2), the current CCMC language needs more clarity
with regard to personnel issues. Many of the current practices put the City Manager
in a sometimes untenable position, and the process is slow and cumbersome.
There are very few cities in California that still have a Civil Service Commission that
handles anything nearly as comprehensive as Culver City’s Civil Service
Commission.
Staff recommends, therefore, that the dialogue between the City Council and Civil
Service Commission be actively pursued, with the intention of clarifying roles.
Please note that the City Manager’s recommendations to the Commission do not
affect the ongoing use of the Civil Service Commission as a disciplinary appeal
hearing body.
FISCAL ANALYSIS:
There are no financial costs inherent in the recommended action.
ATTACHMENTS:
1. Discussion topics prepared by the City Manager for the Parks, Recreation and
Community Services Commission (March, 2010)
2. Discussion topics prepared by the City Manager for the Civil Service Commission
(March, 2010)
3. CCMC Chapter 3.03 (Commissions and Agencies)
4. City Charter Sections relating to the duties of the City Manager and City
Commissions
MOTION:
That the City Council:
1. Receive this report from the City Manager related to the Council/Commission
Subcommittee regarding the role of Commissions; and
2. Direct staff to prepare amendments to the CCMC relating to the duties of the
Parks, Recreation & Community Services Commission, and update the
ordinances establishing other commissions to provide for a common format
(Sections 3.03.005 through 3.03.420); and
3. Continue discussions with the Civil Service Commission to bring their duties
into conformance with the City Charter sections relating to the City Manager’s
administrative authorities.
MEETING DATE: April 5, 2010
AGENDA ITEM: A Report from the City Manager Related to the
Council/Commission Subcommittee.
ATTACHMENTS
Pages
Attachment 1 — Discussion topics prepared by the
City Manager for the Parks, Recreation and 1
Community Services Commission (March, 2010)
Attachment 2 — Discussion topics prepared by the
2-3
City Manager for the Civil Service Commission
(March, 2010)
Attachment 3 — Current Municipal Code Section 3.03 4- 10
(Commissions and Agencies)
Attachment 4 — City Charter Sections relating to the 11-16
duties of the City Manager and City Commissions•itaciii71/- 1
D ; CAt 55; of;c, 5 --- Piiz4-ks ," of--7
CE0,71124 ; v iGe-S
Assumptions
,
2-e e
Assumptions implicit in the recommended language:
• Statement of duties in the Municipal Code needs to be made consistent with the City
Charter.
• Under the Charter, the City Manager is uniquely accountable to the City Council for the
implementation of all City Council policy.
• With few exceptions, City Commissions are appointed as advisory bodies to assist the
City Council and City Manager.
• The management and oversight of the paid staff is the function of the City Manager.
• Each Commission is entitled to enthusiastic staff support from the City Manager's
departmental staff, the extent of which needs to be realistic in scope and scale.
• While the system will work best when participants maintain their proper roles, all of us
have the same goals of serving the needs of our citizens, doing so as efficiently as
possible, and in as even-handed a manner as possible.
• We all deserve to have some fun in this endeavor!
Recommended Language
"The Commission shall have the following powers and duties:
A. To act in an advisory capacity to the City Council and City Manager relating to parks,
recreation, recreation/community center, playground, open space and tree programs.
B. To assist staff assigned to investigate the requirements of the City for facilities relating to
the above functions, and to make recommendations relating to the adoption and updating
of City master plans relating to parks, recreation and open space.
C. To recommend programs and plans designed to promote the full acceptance of all citizens
in all aspects of community life without regard to race, religion, gender, sexual
orientation, age, or national origin.
D. To recommend and support program policy relating to various "community service"
functions of the City, including but not limited to programs for youth, teens, seniors and
people with special needs.
E. To balance program and project recommendations by applying realistic expectations of
budgetary and staffing resources, environmental sustainability, neighborhood
compatibility and other relevant factors."
Possible addition:
F. To assist staff assigned to select varieties of trees and other plantings along any streets
and public right-of-way.f 2_
564t s s / 5
Ce;7.k.
; er? A) 2-0 /47)
Assumptions
• For all City Commissions, the statement of duties in the Municipal Code needs to be
made consistent with the City Charter to reflect change to the Council-Manager form of
government.
• Under the Charter, the City Council adopts policy. The City Manager is uniquely
accountable to the City Council for the implementation of all City Council policy and for
administration of the personnel system, purchasing system, election administration, etc.
• The City Manager is responsible for the hiring, management and oversight or all City
employees except the City Attorney, Police Chief and Fire Chief.
• Role of any City Council-appointed City Advisory Commission should be limited to
items within the proper scope of the City Council.
• Within its proper role, each Commission is entitled to enthusiastic staff support from the
City Manager's departmental staff, the extent of which needs to be realistic in scope and
scale.
• While the system will work best when participants maintain their proper roles, all of us
have the same goals of serving the needs of our citizens, doing so as efficiently as
possible, and in as even-handed a manner as possible.
• We all deserve to have some fun in this endeavor!
Council-Manager Form of Government
• Evolved during the Progressive Movement, borne of the same concerns (patronage,
favoritism, abuse in the workplace) that led to creation of Civil Service systems and the
labor movement.
• During the decades since that time, many protections have been established for
employees, and the profession of City Manager has also advanced to support high
standards of behavior.
• Members of the International City Management Association (ICMA) are pledged to
follow an explicit code of ethics in the conduct of their work, requiring professionalism,
non-partisanship, and even-handed administration of personnel and purchasing systems.
• Under the Council-Manager form of government, the Culver City Charter prohibits the
City Council (or any of its members) from "interfering" with the City Manager's
administration of personnel, purchasing, elections, etc. It is inconsistent that a City
Council appointed citizen commission would be charged by the City Council with
authority to direct, evaluate or otherwise participate in the day-to-day administration of
the City's personnel system.
• Civil Service systems are common in Council-Manager governments. Civil Service
Commission roles, if any, typically are limited to employee appeal cases.
• City Managers are typically held accountable for administering Civil Service rules.Implications for Civil Service Commission Duties
• Commission would be advisory to the City Council and City Manager
• Existing Civil Service Rules reference role of Civil Service Commission, some of which
are inconsistent with the new Charter definitions of role.
• Some changes may require consultation with bargaining units.
• Staff wishes to retain Civil Service Commission role regarding employee disciplinary
appeals. Staff would prefer that the threshold for appeal to the Commission be (a)
suspensions of more than 3 days, (b) demotions, or (c) terminations.
• Commission role would not include routine personnel administrative practices (job
classifications, recruitment flyers, merit recognitions, etc.) that relate to
administration/implementation of City Council policy.
• Subject of employee grievances needs discussion. Recommendations cannot properly be
made to the City Council.
Next Steps
• Status report to the City Council
• Further input by the Commission, City Attorney's Office, new City Manager
• Input by Employees and Bargaining Unit representatives
• Possible retention of labor law firm to address the Charter, Ordinances and Civil Service
Rules to make them consistent.
3/3/10Civil Service Commission
3.03.005
3.03.010
3M3.015
3.03.020
3.03.025
Composition
Terms of members
Absence from meetings
Powers and duties
Term limits
Parks and Recreation Commission
3.03.100-
3.03.105
3.03.110
3.03.115
3.03.120
Title
Membership; term; expenses
Absence from meetings
Powers and duties
Term limits
Planning Commission
3.03.200
3.03.205
3 .03 .210
3.03.220
3.03.225
3.03.230
3.03.235
3 .03 .240
Creation
Terms of members
Meetings
Absence from meetings
Records and minutes
Powers and duties
Board of Zoning Adjustment
Term limits
Redevelopment Agency
3.03.300
Necessity declared; authority
3.03.305
Agency designated; powers and
duties
3.03.310
Term limits
4-#ac-Am e- it- 3
CHAPTER 3.03: COMMISSIONS AND AGENCIES
Section
Cultural Affairs Commission
3.03.400
Necessity and purpose
3.03.405
Membership; qualifications;
terms of office
3.03.410
Meeting; quorum; change in
meeting place
3.03.415
Absence from meetings
3.03.420
Term limits
Cross-reference:
Landlord-Tenant Mediation Board, see
§ 15.09.010
CIVIL SERVICE COMMISSION
§ 3.03.005 COMPOSITION.
There shall be a Civil Service Commission,
consisting of five (5) members, to be appointed by the
City Council from the qualified electors of the City,
none of whom shall hold any paid office or
employment in the City government.
('65 Code, § 2-71)
Cross-reference:
Civil service, see §§ 3.05.005 et seq.
§ 3.03.010 TERMS OF MEMBERS.
Members of the Commission shall serve for a
term of four (4) years and until their respective
successors are appointed and qualified. The terms of
at least one, and not more than two members shall
expire on July 1st of each succeeding year, and any
appointment to fill an unexpired term shall be for such
unexpired period only.
('65 Code, § 2-72) (Ord. No. CS-353 § 2)
13
2005 S-714
Culver City - Administration
§ 3.03.015 ABSENCE FROM MEETINGS.
Any Commissioner who is absent from three (3)
consecutive meetings of the Commission or a total of
five (5) meetings in any six (6) month period shall
thereby automatically forfeit his membership in said
Commission, provided however, that there shall be no
such forfeiture in the event of any of the following:
A. When a Commissioner is unable to attend
due to illness or physical incapacity.
B. When a Commissioner is unable to attend
because of business or vacation.
C. When the City Council has determined
before forfeiture that an absence is justified.
('65 Code, § 2-72.1) (Ord. No. CS-607 § 1)
§ 3.03.020 POWERS AND DUTIES.
The Commission shall have the following powers
and duties:
A. To act in an advisory capacity to the City
Council on personnel administration.
B. After a public hearing thereon, and subject
to the approval of the City Council, to adopt, amend
or repeal Civil Service Rules.
C. To 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.
D. To hear appeals or grievances of any officer
or employee under the Civil Service System who is
suspended, demoted or removed and report in writing
to the City Council, its findings, conclusions and
recommendations.
E. To periodically, at the discretion of the City
Council, make a study of salaries being paid by other
public and private agencies, in order to ascertain
whether the salaries being paid City employees for
similar work are comparable, fair and reasonable and
make recommendations with respect thereto to the
City Council.
F. To exercise such functions with respect to
the Civil Service System, not inconsistent herewith, as
may be prescribed by Ordinance and the Civil Service
Rules.
G. To examine witnesses under oath and compel
their attendance or the production of evidence before
it by subpoenas issued in the name ox the City and
attested by the City Clerk.
H. To formulate, adopt, change or amend Civil
Service Rules consistent with the City Charter and
Civil Service System, holding public hearings thereon
before presentation to City Council for approval.
('65 Code, § 2-73) (Ord. No. CS-353 §§ 3, 4; Ord.
No. 97-002 § 1)
§ 3.03.025 TERM LIMITS.
A. No person shall serve more than two (2)
consecutive full terms as Commissioner. If a person
serves a partial term in excess of two (2) years, it shall
be considered a full term for the purpose of this
provision.
B. All consecutive Commission terms shall be
counted for appointment upon April 17, 1996, the
effective date of this section.
C. Nothing in this provision shall act as a bar to
service as a Commissioner after at least two (2) years
have elapsed from the last full term as Commissioner.
(Ord. No. 95-015 § 1)Commissions and Agencies 15
PARKS AND RECREATION COMMISSION
§ 3.03.100 TITLE.
The Park Commission, as provided for in the
Charter of the City, shall be known as the Parks and
Recreation Commission.
( ' 65 Code, § 2-74) (Ord. No. CS-290 § 1; Ord. No.
CS-705 § 1; Ord. No. CS-942 § 2; Ord. No.
2002-005 § 3 (part))
Cross-reference:
Parks, public buildings and property, see Ch.
9.10
§ 3.03.105 MEMBERSHIP; TERM; EXPENSES.
Members shall receive no compensation for their
services as such, but may be reimbursed if the City
Council so directs, in an amount to be fixed by the
Council for out-of-pocket expenses and costs imposed
on them in serving on such Commission. Members of
said Commission shall serve for a term of four (4)
years and until their respective successors are
appointed and qualified. The City Council shall so
arrange the terms of said members so that the term of
at least one member and not more than two members
shall expire in each succeeding year, and unexpired
terms shall be filled by appointment only for the
unexpired period of the appointee whose term was not
completed. The Commission shall, following the first
day of July of each year, organize, appoint a
secretary, and adopt rules and regulations for the
conduct of its meetings and proceedings, as provided
in § 1102 of the City Charter.
('65 Code, § 2-75) (Ord. No. CS-290 § 1)
§ 3.03.110 ABSENCE FROM MEETINGS.
Any Commissioner who is absent from three (3)
consecutive meetings of the Commission or a total of
five (5) meetings in any six (6) month period shall
thereby automatically forfeit his membership in said
Commission, provided, however that there shall be no
such forfeiture in the event of any of the following:
A. When a Commissioner is unable to attend
due to illness or physical incapacity;
B. When a Commissioner is unable to attend
because of business or vacation;
C. When the City Council had determined
before forfeiture that an absence is justified.
('65 Code, § 2-75.1) (Ord. No. CS-607 § 1)
§ 3.03.115 POWERS AND DUTIES.
The Commission shall have the following powers
and duties:
A. To act in an advisory capacity to the City
Council in all matters pertaining to public recreation,
parks, playgrounds, music and entertainment;
B. 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;
C. To investigate the requirements of the City
as to park, playground and recreation facilities and
after such investigation formulate a practical program
for the development of such facilities and make such
recommendations to the City Council for the adoption
of said program as it may deem proper;
D. To investigate the possibilities of parkway
beautification and tree planting, develop plans for the
general beautification of public property through the
planting of flowers, grass, shrubs and trees and
recommend to the City Council for adoption such
program or programs related to said beautification
plans as it may deem practical and proper;
E. To study and, from time to time, make
recommendations to the City Council for the proper
care and maintenance of parks, playgrounds,
parkways, and the like, and use its best efforts to
2007 S-916 Culver City - Administration
promote a general City-wide program of beautification
and park and playground development.
F. Subject to the approval of the City Council,
to determine the variety of trees, shrubs and plants
that may be planted in, upon or along any street, or
any portion thereof, and the distance apart at which
such trees, shrubs and plants shall be planted.
('65 Code, § 2-76) (Ord. No. CS-290 §§ 1.2.111.2;
Ord. No. CS-942 § 3)
§ 3.03.120 TERM LIMITS.
A. No person shall serve more than two (2)
consecutive full terms as Commissioner. If a person
serves a partial term in excess of two (2) years, it
shall be considered a full term for the purpose of this
provision.
B. All consecutive Commission terms shall be
counted for appointment upon April 17, 1996, the
effective date of this section.
C. Nothing in this provision shall act as a bar to
service as a Commissioner after at least two (2) years
have elapsed from the last full term as Commissioner.
(Ord. No. 95-015 § 1)
PLANNING COMMISSION
§ 3.03.205 TERMS OF MEMBERS.
Members of the Commission shall serve for a
term of four (4) years and until their respective
successors are appointed and qualified. The terms of
at least one, and not more than two members shall
expire on July 1st of each succeeding year, and any
appointment to fill an unexpired term shall be for such
unexpired period only.
( ' 65 Code, § 2-78)
§ 3.03.210 MEETINGS.
A. At least one regular meeting per month shall
be held. A Chairman and Vice-Chairman shall be
elected from among members of the Planning
Commission. Rules shall be adopted for transaction of
business. Subject to the approval of the City Council,
the Planning Director shall appoint a secretary of the
Commission who need not be a member thereof.
Meetings shall at all times be open to the public and
shall be held in the Council Chambers except when
such Chambers are required for any meeting of the
City Council, in which case another room in the City
Hall may be used.
B. Notice of change in meeting place shall be
posted on the front door of the Council Chambers. A
majority of the members of the Commission shall
constitute a quorum.
('65 Code, § 2-79) (Ord. No. CS-383 §§ 2, 3)
§ 3.03.200 CREATION.
There shall be a Planning Commission consisting
of five members, which shall be appointed by the City
Council. They shall be qualified electors of the City,
none of whom shall hold any paid office or
employment in the City Government.
('65 Code, § 2-77) (Ord. No. CS-705 § 2)
Cross-reference:
Architectural review procedures, see
§§ 15.07.005 through 15.07.040
§ 3.03.220 ABSENCE FROM MEETINGS.
Any Commissioner who is absent from three (3)
consecutive meetings of the Commission or a total of
five (5) meetings in any six (6) month period shall
thereby automatically forfeit his membership in said
Commission, provided, however, that there shall be
no such forfeiture in the event of any of the following:
A. When a Commissioner is unable to attend
due to illness or physical incapacity.Commissions and Agencies 17
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.
('65 Code, § 2-80) (Ord. No. CS-383 § 4; Ord. No.
CS-607 § 2)
§ 3.03.225 RECORDS AND MINUTES.
The Planning Commission shall cause proper
permanent records to be kept of all of its official acts
and proceedings, which records shall be open to the
public and shall include a minute book containing the
minutes of the meetings and a resolution book, in
which latter book shall be contained resolutions
granting or denying permits, variances, or changes of
zone, or recommendations to the City Council on
other matters coming before the Commission.
('65 Code, § 2-81) (Ord. No. CS-383 § 5)
§ 3.03.230 POWERS AND DUTIES.
The Planning Commission shall have the power
and be required to:
A. After a public hearing thereon, recommend
to the City Council the adoption, amendment or repeal
of the General Plan, or any part thereof, for the
physical development of the City;
B. Exercise such control over zoning land
subdivisions and building as is granted to it by the
governing body of the City and by the laws of the
State of California;
C. Make recommendations concerning
proposed public works and for the clearance and
rebuilding of blighted or substandard areas within the
City and public improvement in general;
D. Exercise such functions with respect to
zoning or building as may be prescribed by ordinance.
E. At the request of the City Council, to issue
Orders to Show Cause 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 with the
City Clerk within ten (10) days of the entry of the
Commission's actions.
('65 Code, § 2-82) (Ord. No. CS-383 §§ 6, 7; Ord.
No. 2006-009 § 10)
§ 3.03.235 BOARD OF ZONING ADJUSTMENT.
A. The Planning Commission shall appoint two
(2) of its members to act as a Board of Zoning
Adjustment. The duties of said Board shall include the
following:
1. To hear appeals involving error in any
order, requirement, or determination by any City
official in the administration of the Zoning Ordinance.
2. To perform such other duties as assigned
to it by ordinance.
B. In the event any applicant, City official, or
interested person is aggrieved by a determination of the
Board of Zoning Adjustment or Director of Planning
and Community Development, an appeal therefrom
may be taken, in writing, to the Planning Commission
as a whole, within ten (10) days from the date of said
determination. The Board or Director may refer such
matters to the Planning Commission, as a whole, as it
deems advisable.
('65 Code, § 2-83) (Ord. No. CS-383 §§ 8, 9; Ord.
No. CS-563 § 1; Ord. No. CS-598 § 1; Ord. No.
CS-835 § 1)
§ 3.03.240 TERM LIMITS.
A. No person shall serve more than two (2)
consecutive full terms as Commissioner. If a person
serves a partial term in excess of two (2) years, it shall
2007 S-918
Culver City - Administration
be considered a full term for the purpose of this
provision.
B. All consecutive Commission terms shall be
counted for appointment upon April 17, 1996, the
effective date of this section.
C. Nothing in this provision shall act as a bar to
service as a Commissioner after at least two (2) years
have elapsed from the last full term as Commissioner.
(Ord. No. 95-015 § 1)
REDEVELOPMENT AGENCY
§ 3.03.300 NECESSITY DECLARED;
AUTHORITY.
§ 3.03.310 TERM LIMITS.
A. No person shall serve more than two (2)
consecutive full terms on the Redevelopment Agency.
If a person serves a partial term in excess of two (2)
years, it shall be considered a full term for the
purpose of this provision.
B. All consecutive terms on the Redevelopment
Agency shall be counted for appointment upon April
17, 1996, the effective date of this section.
C. Nothing in this provision shall act as a bar to
service on the Redevelopment Agency after at least
two (2) years have elapsed from the last full term.
(Ord. No. 95-015 § 1)
CULTURAL AFFAIRS COMMISSION
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 authorized to transact business and exercise its
powers under the Community Redevelopment Law.
('65 Code, § 28A-1) (Ord. No. CS-693 § 1)
Cross-reference:
New development fees, see Ch. 15.06
§ 3.03.305 AGENCY DESIGNATED; POWERS
AND DUTIES.
The City Council of the City of Culver City,
California hereby declares itself to be the
redevelopment agency to be known as Culver City
Redevelopment Agency and that all rights, powers,
duties, privileges and immunities vested by the
Community Redevelopment Law in such agency shall
be, and are, vested in this body.
( '65 Code, § 28A-2) (Ord. No. CS-693 § 2)
§ 3.03.400 NECESSITY AND PURPOSE.
A. Necessity declared. It is hereby found and
declared that there is a need for a Cultural Affairs
Commission within the City.
B. Purpose. The purpose of the Cultural
Affairs Commission shall be to act in an advisory
capacity to the City Council on matters pertaining to
the enrichment of the community through fine arts,
visual arts, performing arts, arts education, historic
preservation and cultural issues; to serve as an
advocate for cultural activities and programs within
the City; to implement the City's Public Art Program,
and to encourage the integration of cultural affairs into
the social and economic fabric of the City to improve
the quality of life for City residents.
(Ord. No. 2001-013 § 1)Commissions and Agencies
18A
§ 3.03.405 MEMBERSIHP; QUALIFICATIONS;
TERMS OF OFFICE.
A. Membership and qualifications. The
Cultural Affairs Commission shall have five (5)
members appointed by the City Council. The
Members should represent the diversity and
perspectives of the residents of the City. Applicants
for the Commission should be City residents.
B. Term. The term of each Commission
Member shall be for four (4) years, and each shall
serve until their respective successors are appointed
and qualified; provided however, that at the
Commission's inception, one member of the Cultural
Affairs Commission shall serve for one (1) year, one
member shall serve for two (2) years, one member
shall serve for three (3) years, and two members
shall serve for four (4) years, until their respective
successors are appointed and qualified. Any
appointment to fill an unexpired term shall be for such
unexpired period only.
(Ord. No. 2001-013 § 2)
§ 3.03.410 MEETINGS; QUORUM; CHANGE
IN MEETING PLACE.
A. Meetings. At least one regular meeting per
month shall be held. A Chairperson and
Vice-Chairperson shall be elected from among
members of the Commission. Rules shall be adopted
for transaction of business. Meetings shall at all times
be open to the public. Meetings shall be held in the
Council Chambers except when such Chambers are
required for any meeting of the City Council, or when
the Commission determines that a meeting should be
held in a different location due to the subject matter
being considered.
B. Quorum. A majority of the members of the
Commission shall constitute a quorum.
C. Change in meeting place. Notice of a change
in meeting place shall be posted in front of the Council
Chambers.
(Ord. No. 2001-013 § 3)
§ 3.03.415 ABSENCE FROM MEETINGS.
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
automatically forfeit his or her membership in said
Commission; provided however, that there shall be no
such forfeiture in the event of any of the following:
A. When a Commissioner is unable to attend due
to illness or physical incapacity.
B. When a Commissioner is unable to attend
because of business or vacation.
C. When the City Council had determined before
forfeiture that an absence is justified.
(Ord. No. 2001-013 § 4)
§ 3.03.420 TERM LIMITS.
A. No person shall serve more than two (2)
consecutive full terms as Commissioner. If a person
serves a partial term in excess of two (2) years, it shall
be considered a full term for the purpose of this
provision.
B. All consecutive Commission terms shall be
counted for appointment upon April 17, 1996, the
effective date of this section.
C. Nothing in this provision shall act as a bar to
service as a Commissioner after at least two (2) years
have elapsed from the last full term as Commissioner.
(Ord. No. 95-015 § 1)A166 /- 4-/
The City Council shall designate one newspaper circulated in the City for
the publication of all notices and other matters required to be published in a
newspaper. When possible, a change to another newspaper shall not be made
until a notice of the intention to change is published in the previously designated
newspaper.
The charges for such publications in the designated newspaper shall not
exceed the rates charged to the general public for similar publications.
All legal notices or other matters required to be published shall also be
posted in at least three public places within the City.
Posting of legal notices in three public places shall be sufficient, without
publication if the designated newspaper is unavailable and a suitable
replacement cannot be designated.
ARTICLE VII. CITY ADMINISTRATION
SECTION 700. POWERS AND DUTIES OF CITY MANAGER.
The City Council shall appoint the City Manager who shall be the chief
executive officer of the City, responsible to the City Council for the management
of all City affairs placed in the City Manager's charge by or under this Charter, by
ordinance, resolution or other action of the City Council. The City Manager, or
his or her designee, shall:
(a)
Appoint, suspend and remove all City employees, including
Department Heads, the City Clerk and the City Treasurer, except as otherwise
provided by State law or this Charter;
(b) Direct and supervise the administration of all City departments,
except as otherwise provided by this Charter;
(c) Attend all City Council meetings, at which the City Manager shall
have the right to take part in discussion, but shall not vote;
(d) Prepare and submit to the City Council an annual budget pursuant
to this Charter, and implement the final budget approved by the City Council; and
(e) Perform such other duties as are specified in this Charter, or by
ordinance, resolution or other action of the City Council.
Page 14 of 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 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 XI. COMMISSIONS, BOARDS AND COMMITTEES
SECTION 1100. IN GENERAL.
The City Council may, by ordinance, establish and abolish such
commissions and boards as it may determine, from time to time, to be necessary
for the effective and efficient governance of the City, to encourage citizen
participation in local government and maintain positive human relations in the
community.
SECTION 1101. APPROPRIATIONS.
The City Council shall appropriate sufficient funds for the efficient and
proper functioning of all City commissions and boards.
SECTION 1102. CHAIRPERSON AND VICE CHAIRPERSON.
As soon as practicable, following the first day of July of every year, each
commission or board of the City shall organize by electing one of its members to
serve as its presiding officer, with the title of Chairperson, and electing one of its
Page 19 of 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 to a position in the Unclassified Service, and within two
years is removed or resigns from that position, the employee shall revert to his or
her former position in the Classified Service upon the same terms and conditions
as if he or she had continuously remained in that position.
SECTION 1203. PROHIBITIONS.
No person shall willfully make any false statements, certificate, mark,
rating or report in regard to any application, test certification or appointment held
or made under the Civil Service System or in any manner commit or attempt any
fraud preventing the impartial execution of such Civil Service System or its rules
and regulations.
ARTICLE KR RETIREMENT SYSTEM
SECTION 1300. PUBLIC EMPLOYEES RETIREMENT SYSTEM.
Plenary authority and power are hereby vested in the City, its City Council
and its several officers, agents and employees, to do and perform any act or
exercise any authority granted, permitted or required under the provisions of the
Public Employees' Retirement Law, as it now exists or hereafter may be
Page 21 of 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 32