HomeMy WebLinkAboutOrd 2011-3198ORDINANCE NO. 3198
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
MUNICIPAL CODE CHAPTER 2.32 REMOVING THE DUTIES
OF HISTORIC PRESERVATION FROM THE RESOURCE
CONSERVATION COMMISSION
WHEREAS, in 2007, the City Council directed staff to develop a Historic Preservation
Program that would qualify the City of Chula Vista for Certified Local Govemment Status;
and
WHEREAS, to qualify as a Certified Local Government the City is required to have a
qualified Historic Preservation Commission; and
WHEREAS, the Historic Preservation Commission members must all have an interest,
competence or knowledge in historic preservation; and
WHEREAS, historic preservation authority is currently vested with the Resource
Conservation Commission; and
WHEREAS, the Resource Conservation Commission membership does not meet the
qualifications for Certified Local Govemment Status; and
WHEREAS, the adoption of Municipal Code Chapter 2.49 creates and establishes a
qualified Historic Preservation Commission that does meet the requirements for Certified Local
Government Status; and
WHEREAS, Municipal Code Sections 2.32.070 and 2.32.090 shall be repealed upon
seating of the Historic Preservation Commission; and
WHEREAS, the historic preservation duties and responsibilities of the Resource
Conservation Commission shall be vested with the Historic Preservation Commission; and
WHEREAS, the authority for historic preservation shall remain with the Resource
Conservation Commission until the Historic Preservation Commission is seated; and
WHEREAS, the Resource Conservation Commission's historic preservation
responsibility shall include those responsibilities assigned to the Historic Preservation
Commission through Chula Vista Muncipal Code Section 21.02.030; and
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331
and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency
for Protection of the Environment) of the State CEQA Guidelines because it is limiting the scope
and duties of the Resource Conservation Commission and vesting in the Historic Preservation
Commission a scope and duty that will assure the protection of historical resources in the City of
Chula Vista. Thus, no further environmental review is required.
Ordinance No. 3198
Page 2
NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
Section I. Environmental Determination
That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to
Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by
Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it
is limiting the scope and duties of the Resource Conservation Commission and vesting in the
Historic Preservation Commission a scope and duty that will assure the protection of historical
resources in the City of Chula Vista Thus, no further environmental review is required.
Section II. Consistency with General Plan
The City Council finds that the proposed amendment of Municipal Code Chapter 2.32 is
consistent with the goals, objectives, and policies of the Chula Vista General Plan as it will assist
in the protection of Chula Vista's Historical Resources by establishing a qualified Historic
Preservation Commission pursuant to Municipal Code Chapter 2.49 which is necessary to assist
the City in qualifying for Certified Local Government Status. The City Council further finds that
the proposed code amendment is based on sound planning principles and practices that will
provide for the protection and conservation of historic resources through the creation of a
qualified Historic Preservation Commission that will support and encourage the maintenance,
repair, rehabilitation, restoration and preservation of historical resources in a manner consistent
with federal an state standards.
BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does
hereby approve an ordinance of the City of Chula Vista amending Chula Vista Municipal Code
Chapter 2.32, entitled Resource Conservation Commission, as follows:
Section III.
Chapter 2.32
RESOURCE CONSERVATION
COMMISSION
Sections:
2.32.010 Purpose and intent.
2.32.020 Created -Appointment of members -Term.
2.32.030 Statement of city goals and policies.
2.32.040 Duties -General.
2.32.050 Additional duties -Environmental quality.
2.32.060 Additional duties -Energy conservation and resource recovery.
2.3?~',~° n aa.~ties~isterieal~eetiet~
2.32.070 Administrative functions.
2.32.100 Repealed.
Ordinance No. 3198
Page 3
* For provisions of the Environmental Quality Act of 1970 generally, see Public Resources Code 21000,
et
seq.; for provisions authorizing attorney general intervention in matters of environmental concern, see
Gov.
Code § 12600, et seq.; for Charter law regarding appointive boards and commissions, see city Charter
§ § 600 - 606.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310
2.32.010 Purpose and intent.
It is the purpose and intent of the city council, in establishing the resource conservation
commission, to create a broadly based multifunctional commission which is to provide citizens'
advice to the city council in the azeas of energy conservation, resource recovery, environmental
quality, ,and other related fields as determined by the city
council. The resource conservation commission shall also provide this citizen advice to the other
boards and commissions, the city manager and members of his staff on these matters. (Ord. 1928
§ 2, 1980).
2.32.020 Created -Appointment of members -Term.
There is created a resource conservation commission, consisting of seven members to be
appointed by the mayor and confirmed by the city council from the qualified voters of the city in
a manner prescribed in accordance with the provisions of Section 600, et seq., of the Charter.
The members shall serve for a term of four years. Each member shall serve until his successor is
duly appointed and qualified, and all vacancies shall be filled for the unexpired term of the
member whose seat has become vacant. (Ord. 1928 § 2, 1980).
2.32.030 Statement of city goals and policies.
The following aze goals and policies of the city which relate to the duties of the resource
conservation commission:
A. Create and maintain conditions under which man and nature can exist in productive harmony
to fulfill the social and economic requirements of present and future generations;
B. Take all actions necessary to provide the people with clean air and water, enjoyment of
aesthetic, natural and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination offish or wildlife species due to population intrusion, assist in
assuring that these populations do not drop below self-perpetuating levels, and preserve for
future generations representations of indigenous plant and animal communities;
D. Ensure that the long-term protection of the environment shall be the guiding criterion in
decisions by the city;
E. Encourage the utilization of alternatives to nonrenewable energy sources;
Ordinance No. 3198
Page 4
F. Maximize the conservation and efficient utilization of nonrenewable resources;
G. Seek equitable sharing of both the benefits of energy consumption and the hardships of
energy shortages;
H. Minimize any conflict with any national, state, regional or local energy goals;
I. Maximize the recovery, recycling and reuse of waste resources through city action and
cooperation with other public agencies and private concerns;
. ,
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2.32.040 Duties -General.
The commission shall provide the city council with a citizens' assessment of the following:
A. The effectiveness of proposed goals, policies, procedures and regulations of the city in
accomplishing the purpose, intent and goals of this chapter;
B. The effects of individual projects being subjected to environmental review on the
implementation of the purpose, intent and goals of this chapter;
C. The extent to which the capital improvement program implements this chapter;
D. Additionally, when needed, submit to the city council recommendations for new goals,
policies, procedures or regulations necessary to implement this chapter;
E. The commission may recognize individuals or groups in the community who have
implemented notable measures to foster the purpose, intent and goals of this chapter;
F. Hold hearings and take testimony of any persons under oath, if desired, relating to any matter
under investigation or in question before this commission. (Ord. 1928 § 2, 1980).
2.32.050 Additional duties -Environmental quality.
A. The chair, or a member of this commission designated by the chair, shall be a member of the
environmental review committee.
B. The commission, its chair or designated member may review all environmental documents to
assure adequate commission review, analysis and comment.
Ordinance No. 3198
Page 5
C. In conjunction with input on environmental documents, the commission may make
recommendations regarding the environmental impact, energy or resource conservation, et
of the project to the appropriate decision making authority. These
recommendations may include methods to mitigate adverse effects, reduce energy or resource
consumption, or other suggestions within the purpose and intent of the commission. (Ord. 1928 §
2, 1980).
2.32.060 Additional duties -Energy conservation and resource recovery.
A. All proposed energy or resources conservation or recovery policies, programs, or regulations
shall be reviewed by the commission so it may make recommendations to the city council
regarding compliance with this chapter.
B. The commission may make recommendations to city staff, other boards or commissions, or
the city council regarding the commission's review of policies, programs or regulations.
C. The commission shall review and make a recommendation to the council for the disposition of
appeals regarding the administration of CVMC Title 20, Energy Conservation, except those
portions
which are within the scope of the board of appeals and the planning commission. (Ord. 1928 § 2,
1980).
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Ordinance No. 3198
Page 6
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2.32.080 Administrative functions.
A. The commission shall select a chair and vice-chair from its membership at the
commencement of each fiscal year. Four members shall constitute a quorum for the transaction
of business.
B. The commission shall meet not less than once a month and at the call of the chair, or in his
absence, the vice-chair or a majority of the members of the commission.
C. The commission shall adopt reasonable rules, regulations, procedures and standazds, which
aze consistent with the law, and which are necessazy to implement goals, policies and intent of
this chapter and related goals, policies and regulations of the city.
D. The city manager may make available staff and clerical support as necessary to fulfill its
functions and duties, provided such staff and clerical support is available. In the event that
private funds or funds from other governmental agencies aze made available for special projects,
surveys, educational programs or general program support, the city manager is authorized, upon
recommendation of the commission and approval of the council, to enter into appropriate
contracts for the utilization of such funds in furtherance of the purpose and intent of, and the
duties and functions of, the commission.
E. The resource conservation commission shall have no power or right to acquire any property
for or on behalf of itself or the city, nor shall it acquire or hold any money for itself or on behalf
of the city ........ .... .............. .................... ...........~~.~., ~ ,.. 1,., „ .1.,. ..1,..,.
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2, 1980).
Ordinance No. 3198
Page 7
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Page 8
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Section IV. Effective Date
This ordinance shall take effect on the thirtieth day from and after its final adoption.
Presented by
PE., AICP
Manager/Director of
Services
Approved as to form by
Lv~
len R. ogin
Ci ey
Ordinance No. 3198
Page 9
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of August 2011, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
i ~
Cheryl Cox, May r
ATTEST:
~~ ~. ~~~~
Donna R. Norns, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3198 had its first reading at a regular meeting held on the 19th day of July 2011
and its second reading and adoption at a regular meeting of said City Council held on the 2nd
day of August 2011; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
l Oll ~rTlu,~~ ~~hS~J
Dated Donna R. Norris, CMC, City Clerk