Part 3 — Records[Added by Ord. 147]

No person, unless authorized by the Mayor, City Administrator or City Clerk shall remove any public records, documents, instruments, books or papers, ordinances, resolutions, or correspondence or other official papers or records of the City of Lakewood from the City Hall. The foregoing applies to public records or original documents or duplicate original documents or papers of the City of Lakewood.

All public records in the custody of any city officer, unless made confidential by state law or ordinance in order to protect the public interest, or otherwise excepted by the provisions of Section 1881 and 1892 of the Civil Code of Procedure of the State of California, shall be open to public inspection at reasonable times where the same are of general public interest.

Unless otherwise specified by law or ordinance the City Clerk shall have custody of public records, documents, instruments, books, papers, ordinances, resolutions, correspondence and other official records of the City of Lakewood. The city officer having custody of public records, documents, instruments, books and papers, as well as ordinances, resolutions, minutes, correspondence and other official records of the City of Lakewood shall not be required to distribute or deliver copies of the same or certified copies of the same to the public unless the same are public records open for inspection and the following fees have been paid in advance therefore:

• A. Duplicate copy - $.25.

• B. Preparing typewritten copy - $.25 per folio.

• C. Photo copy - $.25.

• D. Certification - $.50.

• E. City Council Minutes - $10.00 per annum (not mailed); $15.00 per annum (mailed).

CHAPTER 6 Miscellaneous [Adopted by Ord. 1]

There shall be two regular meetings of the City Council during each calendar month and such meetings shall be held on the second and fourth Tuesdays thereof at the hour of 7:30 p.m., provided, however, that if the date of any such regular meeting falls on a holiday said regular meeting shall be held at the hour of 7:30 p.m. on the next succeeding day which is not a holiday.

The meeting place of the City Council shall beat such place or places within the City as designated by resolution of the City Council.

The general offices of the City, unless provided otherwise by resolution of the City Council, shall be open to the public for business between the hours of 8:30 a.m. and 5:15 p.m. of each day, except Saturdays, Sundays and the Thursday in November appointed as Thanksgiving Day by the President, and such other holidays as designated by resolution of the City Council.

The City shall have and does hereby adopt an official seal which is described as follows: A die of 2 1/4 inches by 2 1/4 inches, square in shape, the inside of it shall be 1/4 inch wide, the said square having a top and bottom. On the surface of the die at the top thereof there shall be engraved the words, "LAKEWOOD, CALIFORNIA." Then shall be engraved the words "INCORPORATED APRIL 16, 1954." In the center of the said square there shall be the map of the City of Lakewood, and in the upper left hand corner there shall be engraved children playing depicting recreation, and in the upper right hand corner there shall be engraved a church depicting religion, and in the lower right hand corner a school depicting education, and in the lower left hand corner is a home.

The impression of said seal shall be made and used upon all official documents executed by the City or its duly authorized officials.

The Clerk shall be the custodian of the said seal.

The minutes of the City Council shall be taken, retained and distributed by the City Clerk or authorized representative in the manner, form and fashion as specified by resolution of the City Council. Minutes of other boards and commissions of the City shall be taken, retained and distributed as authorized by resolution of the City Council. Shorthand, stenotype or mechanical or electrical recordings of the proceedings of the City Council or any meeting or hearing of any board or commission of the City shall be made, taken, kept and distributed as directed by the City Council by resolution or motion. Any person interested may request by five (5) days written notice prior to any public meeting of the City Council, City Planning Commission or Traffic and Safety Commission, that the proceedings of said public meeting be recorded by shorthand, stenotype or mechanical or electrical recording provided said person agrees in writing to reimburse the City for the cost of recording said minutes and for the cost of any copies of said minutes requested by said person.

CHAPTER 7 (Reserved)

CHAPTER 8 Documentary Stamp Tax [Added by Ord. 465]

This Chapter shall be known as the "Real Property Transfer Tax Ordinance of the City of Lakewood." It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California. Reference in the following sections of this Chapter to the word "Ordinance" shall mean and signify the same as the word "Chapter" and shall mean and have reference to this Chapter.

There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Lakewood shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds One Hundred Dollars ($100), a tax at the rate of twenty-seven and one-half cents ($0.275) for each Five Hundred Dollars ($500) or fractional part thereof.

Any tax imposed pursuant to Section 2802 hereof shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued.

Any tax imposed pursuant to this ordinance shall not apply to any instrument in writing given to secure a debt.

Any deed, instrument or writing to which the United States, or any agency or instrumentality thereof, any State or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this chapter when the exempt agency is acquiring title.

Any tax imposed pursuant to this ordinance shall not apply to the making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment.

• A. Confirmed under the Federal Bankruptcy Act, as amended;

• B. Approved in an equity receivership proceeding in a Court involving a railroad corporation, as defined in subdivision (m) of Section 205 Title 11 of the United States Code, as amended;

• C. Approved in an equity receivership proceeding in a Court involving a corporation, as defined in subdivision (3) of Section 506 Title 11 of the United States Code, as amended; or

D. Whereby a mere change in identity, form or place of organization is effected. Subdivisions (A) to (D), inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.

Any tax imposed pursuant to this ordinance shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; but only if:

• A. The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;

• B. Such order specifies the property which is ordered to be conveyed;

• C. Such conveyance is made in obedience to such order.

• A. In the case of any realty held by a partnership, no levy shall be imposed pursuant to this ordinance by reason of any transfer of an interest in a partnership or otherwise, if:

  • (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and

  • (2) Such continuing partnership continues to hold the realty concerned.

• B. If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this ordinance, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by such partnership at the time of such termination.

• C. Not more than one tax shall be imposed pursuant to this ordinance by reason of a termination described in subdivision (b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

The County Recorder shall administer this ordinance in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto.

Claims for refund of taxes imposed pursuant to this ordinance shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code of the State of California.

This ordinance shall become operative upon the operative date of any ordinance adopted by the County of Los Angeles, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California, or upon the effective date of this ordinance, whichever is the latter.

CHAPTER 9