City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council adopt a resolution calling and giving notice of the holding of a
General Municipal Election to be held on April 11, 2006.
BACKGROUND:
Under provisions of the Charter of the City of Culver City, a Regular General
Municipal Election shall be held on the 11
th
day of April 2006, for the election of two
(2) Members of the City Council of said City for the full term of four (4) years, and a
City Clerk for said City for the full term of four (4) years.
The City Council took action at the Council Meeting of September 22, 2005 to place
a measure relating to City Charter revisions on the ballot for the 2006 General
Municipal Election.
FISCAL ANALYSIS:
The estimated cost of the election is included in the FY 05-06 budget. The Election
budget is $60,000.00.
Meeting Date: 11/28/05 Item Number: C-4
AGENDA ITEM: Consideration of a Resolution of the City Council of the City of
Culver City, California, Calling and Giving Notice of the Holding of a General
Municipal Election to be Held in the Said City on Tuesday, April 11, 2006, for the
Election of Two Councilmembers and a City Clerk; and the Submission of a
Measure Relating to City Charter Revisions.
Contact Person/Dept.: Ela Valladares Phone Number: 310-253-5851
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List 11/23/05
Department Approval:
Christopher Armenta
CAO Approval:
Martin Cole for Jerry Fulwood 11/21/05
City Controller Approval:
Marlee Chang 11/22/05City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
Resolution
MOTION:
That the City Council:
Approve and adopt the resolution calling and giving notice of the holding of a
General Municipal Election to be held on April 11, 2006.
MEETING DATE 11/28/05
AGENDA ITEM Consideration of a Resolution of the City Council
of the City of Culver City, California, Calling and
Giving Notice of the Holding of a General
Municipal Election to be Held m the Said City on
Tuesday, April 11, 2006, for the Election of Two
Councilmembers and a City Clerk, and the
Submission of a Measure Relating to City Charter
Revisions
ATTACHMENTS
Pages|109| Resolution 1-35RESOLUTION NO 2005-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD IN THE CITY ON TUESDAY, APRIL 11, 2006,
FOR THE ELECTION OF TWO COUNCILMEMBERS AND A
CITY CLERK OF THE CITY AS REQUIRED BY THE
PROVISIONS OF THE CHARTER AND SUBMITTING A
QUESTION RELATING TO THE REVISION OF THE CHARTER
OF THE CITY OF CULVER CITY
WHEREAS under the provisions of the Charter of the City of Culver City,
California a General Municipal Election shall be held April 11, 2006, and
WHEREAS the City Council also desires to submit to the voters at the
election a question relating to the revision and reorganization of the Charter of the City of
Culver City
NOW THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows|109| Pursuant to the requirements of the Charter of the City of Culver City,
California there is called and ordered to be held in the City of Culver City, California, on
Tuesday April 11 2006 a General Municipal Election for the purpose of electing two (2)
members of the City Council of the City for full terms of four (4) years, and a City Clerk of the
City for the full term of four (4) years
///
///
///|1010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
-1-
(I1 2 That the City Council pursuant to its right and authority does order
3 submitted to the voters at the General Municipal Election the following question|101010|YES|1010|SHALL THE REVISED AND REORGANIZED
CHARTER OF THE CITY OF CULVER CITY, AS|1010|SET FORTH IN THE PROPOSED MEASURE BE
ADOPTED?
NO|1010 109| That the proposed complete text of the City Charter Revisions submitted
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
i- 0n,
to the voters is attached as Exhibit "A" and incorporated herein by reference|109| That the ballots to be used at the election shall be in form and content as
required by law|109| That the City Clerk is hereby designated the Elections Official, as defined
in Section 320 of the California Elections Code|109| That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election
7 That the polls for the election shall be open at seven o'clock a m (7 00
A M ) of the day of the election and shall remain open continuously from that time until eight
o'clock p m (8 00 P M) of the same day when the polls shall be closed, except as provided
in Section 14401 of the Elections Code of the State of California|109| That pursuant to Elections Code Section 12310 a stipend for services
for the persons named as precinct board members is fixed at the sum of seventy-five dollars
($75 00) for each inspector and fifty-five dollars ($55 00) for each clerk for the election The
rental for each polling place where a charge is made shall be the sum of twenty-five dollars
($25 00) for the election When required, the compensation of the custodian of a building
shall be twenty-five dollars ($25 00) for the election
-2-9 That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections
10 That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law
11 The City Clerk shall certify to the passage and adoption of this
Resolution
APPROVED and ADOPTED this day of 2005
ALBERT VERA, MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
&uvu -2eid\AA14
CHRISTOPHER ARMENTA, City Clerk CAROL A SCHWAB, City Attorney
A05 00622|1010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
-3-CHARTER OF THE CITY OF CULVER CITY
Preamble
Article I Name and Charter Status
Section 100 Name and Charter Status
Article ll Definitions
Section 200 Definitions
Article III Form of Government
Section 300 Form of Government
Article IV Boundanes
Section 400 Boundaries
Article V Powers of the City
Section 500 Powers of the City
Article VI City Council
Section 600 Number, Election and Term of Office
Section 601 Term Limits
Section 602 Eligibility
Section 603 Compensation
Section 604 Vacancy
Section 605 Forfeiture of Office
Section 606 Mayor and Vice Mayor
Section 607 Powers of the City Council
Section 608 City Council Meetings
Section 609 Special Meetings
Section 610 Notice of Public Meetings
Section 611 Public Participation
Section 612 Council Proceedings
Section 613 Adoption of Ordinances and Resolutions
Section 614 Urgency Ordinances
Section 615 Ordinances Enactments
Section 616 Ordinances Publication
Section 617 Ordinances Amendments
Section 618 Ordinances Codification
Page 1 of 32 Exhibit A to Resolution No 2005 RSection 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 XII Civil Service
Section 1200 Merit Principle
Section 1201 Classification
Section 1202 Appointments from Civil Service Positions
Page 2 of 32 Exhibit A to Resolution No 2005 R
c-Section 1203 Prohibitions
Article XIII Retirement System
Section 1300 Public Employees' Retirement System
Article XIV General Provisions Relating to Officers and Employees 1
Section 1400 Official Bonds
1
Section 1401 Oath of Office
Section 1402 Financial Interest
Section 1403 Ethical Conduct
Section 1404 Improper Political Activity
Article XV Elections
Section 1500 General Municipal Elections
Section 1501 Special Municipal Elections
Section 1502 Elections Official
Section 1503 Procedure for Holding Elections
Section 1504 Initiative, Referendum and Recall
Section 1505 Elections by Mail
Article XVI Financial and Fiscal Matters
Section 1600 Fiscal Year
Section 1601 Tax System
Section 1602 Tax Limits
Section 1603 Bonded Debt Limit
Section 1604 Contracts for Public Works
Section 1605 Purchasing of Supplies, Materials and Equipment
Section 1606 Reserve Funds
Section 1607 Capital Funds
Section 1608 Claim Required for Actions Against City
Section 1609 Independent Audit Required
Article XVII Franchises
Section 1700 Franchises
Article XVIII Revenue Retention
Section 1800 Reductions Prohibited
Section 1801 Mandates Limited|1010| Page 3 of 32 Exhibit A to Resolution No 2005 RArticle XIX Charter Review Committee
Section 1900 Charter Review Committee
Article )0( Succession and Transition
Section 2000 Effective Date of Charter
Section 2001 Rights and Liabilities
Section 2002 Existing Laws, Regulations and Policies
Section 2003 Rights of Officers and Employees Preserved
Section 2004 Continuance of City Council and Board of Education
Section 2005 Existing Commissions, Boards and Committees
Section 2006 Existing Employees of City
Section 2007 Existing Contracts and Contracting Procedures
Section 2008 Pending Actions and Proceedings
Section 2009 Continuance of City Treasurer
Section 2010 Continuance of City Clerk
Section 2011 Elimination of Transition Provisions
Article XXI Miscellaneous
Section 2100 Violations
Section 2101 Validity
PREAMBLE
The People of the City of Culver City by popular vote, have enacted this
Charter to establish a responsive, efficient, effective and accountable
government through which all voices in our diverse community can be heard, to
ensure fair representation and distribution of government resources to provide a
safe and harmonious environment for our mutual well-being, and to promote the
principles of liberty equality and home rule
ARTICLE! NAME AND CHARTER STATUS
SECTION 100 NAME AND CHARTER STATUS
The municipal corporation now existing and known as the "City of Culver
City shall continue to exist, under the same name as a charter city and a
municipal corporation organized and existing under the Constitution and laws of
the State of California
Page 4 of 32 Exhibit A to Resolution No 2005 RARTICLE 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
(0
The term "days" shall mean calendar days
(g) "Department Head" shall mean and refer to a person appointed by
either the City Council or the City Manager to exercise management and control
of a City department
(h) The term 'officers" shall mean and refer to the members of the City
Council and all persons appointed by the City Council to serve on a commission,
board, committee or other governmental body
(i) "School District" shall mean and refer to the Culver City Unified
School District
(1) State' shall mean and refer to the State of California
ARTICLE III FORM OF GOVERNMENT
SECTION 300 FORM OF GOVERNMENT
The municipal government established by this Charter shall be the
"Council-Manager" form of government, under which the City Council sets policy
and the City Manager administers the government
4q
Page 5 of 32 Exhibit A to Resolution No 2005 RARTICLE 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 32 Exhibit A to Resolution No 2005 R
1SECTION 601 TERM LIMITS
No person shall serve more than two consecutive full terms as a Council
Member If a person serves a partial term in excess of two years it shall be
considered a full term for the purpose of this provision Nothing in this provision
shall act to bar service as a Council Member after at least two years have
elapsed from the Council Member's last full term
-
SECTION 602 ELIGIBILITY
Only residents of the City who are lawfully registered voters of the City
shall be eligible to hold an elective City office Candidates for election to any
such office must have been lawfully registered voters of the City for the 30 days
immediately preceding the filing of their nomination papers
SECTION 603 COMPENSATION
Council Members shall receive compensation for their services in
accordance with the provisions of State law
The City shall maintain records of the total annual compensation, including
benefits received by individual Council Members in their capacities as elected
public officials of the City, including all compensation received for services on the
Culver City Redevelopment Agency and any other boards or agencies
Individual Council Members shall provide information that the City requires in
order to comply with this section Such information shall be made available to
the public in accordance with State law
SECTION 604 VACANCY
The City Council, by a vote of at least three of its members may appoint a
replacement to fill any vacancy on the City Council Such appointee shall hold
office until a successor is elected and certified If the vacancy occurs before the
first day to file nomination papers for the next general municipal election, a
Council Member shall be elected at that election as the successor to any
appointee or to fill the vacancy if it has not previously been filled by appointment
and such newly elected Council Member shall serve the remainder of the
unexpired terms and until a successor is elected and certified
If a vacancy is not filled by appointment within 30 days after its
occurrence, the City Council shall immediately call a special election to fill the
vacancy The special election shall be held not later than 120 days after the
vacancy occurs, except that no special election shall be called to fill the vacancy
K)
Page 7 of 32 Exhibit A to Resolution No 2005 Rif 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 32 Exhibit A to Resolution No 2005 RThe 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 32 Exhibit A to Resolution No 2005 RSECTION 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 32 Exhibit A to Resolution No 2005 R
l3SECTION 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 32 Exhibit A to Resolution No 2005 RSECTION 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 32 Exhibit A to Resolution No 2005 R
(