City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt the Ordinance (Attachment 1) amending
and repealing various sections of the Culver City Municipal Code due to the
Electorate’s adoption of a revised City Charter (Phase One Municipal Code Update)
and waive further reading.
BACKGROUND/DISCUSSION:
At the City Council meeting of August 28, 2006, the Council introduced the
Ordinance by a unanimous vote (5-0). The Ordinance is brought back for adoption.
FISCAL ANALYSIS:
No fiscal impact.
ATTACHMENTS:
1. Ordinance
MOTION:
That the City Council: Adopt the Ordinance amending and repealing various
amending and repealing various sections of the Culver City Municipal Code due to
the Electorate’s adoption of a revised City Charter (Phase One Municipal Code
Update) and waive further reading.
Meeting Date: 09/11/06 Item Number: C-4
AGENDA ITEM: Adoption of Ordinance Amending and Repealing Various
Sections of the Culver City Municipal Code Due to the Electorate’s Adoption of a
Revised City Charter (Phase One of Municipal Code Update).
Contact Person/Dept.: Heather Iker and
Elaine Hirohama/City Attorney
Phone Number: (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master Notification List (09/06/06)
Department Approval:
Carol Schwab, City Attorney (by H. Iker
09/01/06)
City Manager Approval:
Martin R. Cole for Jerry B. Fulwood
(09/06/2006)
City Controller Approval:
MEETING DATE: 09/11/06
AGENDA ITEM: Adoption of an Ordinance Amending and Repealing various
Sections of the Culver City Municipal Code due to the
Electorate's Adoption of a Revised City Charter.
ATTACHMENTS
Pages
1. Proposed Ordinance 1-7I|1010101010101010 10
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Perroetommr
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING AND REPEALING VARIOUS
SECTIONS OF THE CULVER CITY MUNICIPAL CODE DUE TO
THE ELECTORATE'S ADOPTION OF A REVISED CITY
CHARTER
WHEREAS, at the April 11, 2006, General Municipal Election the voters
adopted a revised City Charter;
WHEREAS, the revised City Charter became effective on July 1, 2006;
WHEREAS, as a result, various sections of the Culver City Municipal
Code are not consistent with the revised Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER
CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sections 1.01.065, 3.01.010, 3.01.015, 3.01.025, 3.01.030,
3.01.105, 3.01.155, 3.05.065 and 3.07.305 of the Culver City Municipal Code are
hereby repealed in their entireties.
SECTION 2. The opening phrase of Section 1.01.010 of the Culver City
Municipal Code is hereby amended to read:
"In addition to the definitions set forth in Section 200 of the Charter, the
following definitions shall apply to this Code, unless the context clearly requires
otherwise:"
SECTION 3. Section 1.01.010 is further hereby amended by deleting the
following terms and definitions, thereof, contained in that section:
"CITY, THE CITY, THIS CITY;" "CITY COUNCIL, COUNCIL;" "STATE,
THE STATE, THIS STATE."
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SECTION 4. Section 3.01.100 of the Culver City Municipal Code is
hereby amended by deleting the third sentence, thereof, in its entirety.
SECTION 5. Section 3.01.120 of the Culver City Municipal Code is
hereby amended by deleting the first sentence, thereof, in its entirety, and by changing
the title of that section to read:
"ABSENT MEMBERS".
SECTION 6. Section 3.01.125 of the Culver City Municipal Code is
hereby amended by deleting the second sentence, thereof, in its entirety.
SECTION 7. Section 3.01.160 of the Culver City Municipal Code is hereby
amended in its entirety to read:
"§ 3.01.160 MISLEADING STATEMENTS UNDER OATH PROHIBITED.
"It shall be unlawful for any person, willfully, to make or file, on his own
behalf or for any other person, a false or misleading application or statement
under any form of oath to the City Council or any City officer in relation to any
matter or issue in which the City has an interest in the protection of the public
welfare or interest."
SECTION 8. Section 3.02.010 of the Culver City Municipal Code is
hereby amended in its entirety to read as follows:
"§ 3.02.010 CITY MANAGER.
A. Appointment; compensation.
1. The City Manager shall be appointed by the City Council
solely on the basis of his executive and administrative qualifications
and ability to serve in the unclassified service under the supervision
of the City Council.
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2. The City Manager shall receive such compensation as
the City Council shall from time to time determine and fix by
resolution.
B. Duties and powers. In addition to those set forth in the
Charter, the City Manager shall have the following duties and
powers:
1. Recommendations to City Council. To conduct studies
and to make recommendations to the City Council concerning all
functions of City government following analysis thereof; to
recommend ordinances for adoption by the City Council, subject to
the prior approval of the City Attorney as to the form thereof;
2. Investigation of complaints. To investigate all complaints
in relation to matters concerning the administration of the City
government and to take appropriate measures to obtain compliance
with the obligations of permits, franchises and privileges granted by
the City;
3. Supervision of public property. To exercise general
supervision over all public buildings, parks, and all other property
which is subordinate to the control of the City Council;
4. Public Relations Officer. To serve as Public Relations
Officer of the City and to cooperate with all organizations which
advance the interests of the City and its residents;
5. Inventory control. To prepare and keep current an
inventory of personal property owned by the City and to
recommend the acquisition, transfer or disposition of City property;
and
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6. Personnel Officer. To serve as Personnel Officer
personally or by delegation, and to recommend in all matters
pertaining thereto."
SECTION 9. Section 3.02.015 of the Culver City Municipal Code is
hereby amended in its entirety to read as follows:
"§ 3.02.015 CITY ATTORNEY.
A. Duties. In addition to those set forth in the Charter, the City
Attorney shall have the following powers and duties:
1. Improvement act work. To perform such legal work in
connection with street, sidewalk, sewer, and lighting improvement
districts as required by the City Council;
2. Attorney for Police Department. To serve as attorney for
the Police Department in all matters pertaining to law enforcement.
The City Council may assign the duties of prosecution of State
misdemeanors to either the District Attorney or the City Attorney by
resolution;
3. Drafting agreements. To draft all contracts and
agreements to which the City of Culver City may be a party and to
advise the City Council and/or any City Officer in connection
therewith; and
4. Attendance at meetings. To attend all meetings of the
City Council, unless excused, with the duty of reporting on or
discussing the legal aspect of any matters before the Council at
such meeting, and giving his advice or opinion in writing when
requested by the City Council or by any Board or Officer of the City.
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B. Hours of work. The City Attorney shall be required to devote
himself to his duties with the City of Culver City a minimum of forty
(40) hours per week, and shall not be eligible for overtime
compensation."
SECTION 10. Section 3.03.230 (A) of the Culver City Municipal Code is
hereby amended by substituting "General Plan" for "Master Plan" when it appears,
therein.|109| SECTION 11. Section 3.05.015 of the Culver City Municipal Code is
9 hereby amended so that (i) subdivision D. is deleted, (ii) Subdivisions E through H are
10 re-lettered D through G, respectively, and (iii) new subdivision D is amended in its
11 entirety to read as follows:
12 "D. Assistant City Managers, Assistants to the City Manager, the
13 Personnel and Employee Relations Director, Public Works Director/City Engineer
14 and such staff assistants to any of said employees as the City Council may
15 authorize."
16 SECTION 12. Section 3.05.020 of the Culver City Municipal Code is
17 hereby amended by (i) substituting "City Manager" for "Chief Administrative
18 Officer when it appears, therein; and (ii) deleting the phrase "subject to the
19 approval of the City Council" from Subdivision A, thereof.
20 SECTION 13. Section 3.05.040 of the Culver City Municipal Code is
21 hereby amended by substituting "two years" for "one (1) year" when it appears in the
22 last sentence, thereof.
23 SECTION 14. Section 3.07.005 (B) of the Culver City Municipal Code is
24 hereby amended by (i) substituting "City Manager" for "Chief Administrative Officer;" and
25 (ii) deleting the phrase "approved by the City Council."
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SECTION 15. Section 3.07.205 (B) (1) of the Culver City Municipal Code
is amended to substitute "§ 1607" for "§1307." when it appears in the first sentence,
thereof.
SECTION 16. Section 3.07.300 of the Culver City Municipal Code is
amended to substitute "§ 500" for "§§ 400 and 401" when they appear, therein.
SECTION 17. Section 3.10.015 of the Culver City Municipal Code is
amended to substitute "city officer or employee" for "City Official" when it appears,
therein.
SECTION 18. Section 5.05.020 of the Culver City Municipal Code is
amended by deleting the definition of "CITY," therefrom.
SECTION 19. Section 9.04.205 of the Culver City Municipal Code is
amended by deleting the definition of "CITY," therefrom.
SECTION 20. Section 9.10.010 of the Culver City Municipal Code is
amended to substitute "§621" for "§517" when it appears, therein.
SECTION 21. Section 17.700.010 of the Culver City Municipal Code is
amended by deleting the definitions of "City" and "City Council," therefrom.
SECTION 22. The Culver City Municipal Code is hereby amended by
substituting the term "City Manger" for the terms "Chief Administrative Officer" and
"CAO" each time either of the latter terms appears in sections 3.01.110, 3.01.150,
3.04.315, 3.05.025, 3.05.030, 3.06.050, 3.07.010, 3.07.055, 3.07.060, 3.07.070,
3.07.075, 3.08.265, 3.08.285, 3.09.020, 5.01.005, 5.01.020, 5.01.060, 5.01.090,
5.03.010, 5.03.015, 5.04.030, 5.04.065, 9.02.215, 9.04.035, 9.04.200, 9.04.205,
9.04.220, 9.04.225, 9.04.230, 9.04.235, 9.04.420, 9.04.425, 9.04.430, 9.04.455,
9.04.460, 9.04.470, 9.05.025, 9.05.040, 9.05.045, 9.05.050, 9.05.055, 9.05.065,
9.06.015, 9.06.110, 9.09.015, 9.11.080, 11.01.240, 11.01.330, 11.01.365, 11.01.505,
11.01.510, 11.01.515, 11.01.540, 11.01.635, 11.04.030, 11.10.005, 11.10.020,
-6-GARY SILBIGER, Mayor
City of Culver City, California
APPRO EldrepAiw -441:
'/ WI(A f
.( ,,e/A, CA ----„•L A. SC
Cit Attorney
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11.10.025, 11.10.030, 11.10.060, 11.10.330, 11.13.125, 11.14.035, 11.20.020,
11.20.025, 11.21.010, 11.21.105, 11.21.140, 11.21.170, 11.21.200, 11.21.205,
11.21.220, 11.21.225, 11.21.230, 11.21.240, 11.21.245, 11.21.300, 11.21.310,
11.21.315,
17.250.030.
11.26.025, 11.26.030, 13.03.140, 13.03.145, 15.10.100, 15.10.245 and
SECTION 23. Pursuant to Section 619 of the City Charter,
this Ordinance shall take effect thirty (30) days after the date of its adoption. Pursuant
to Sections 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days
after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, 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 24. The City Council hereby declares that, if any 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 , 2006.
ATTEST:
CHRISTOPHER ARMENTA,
City Clerk