HomeMy WebLinkAbout2011/10/18 Item 02CITY COU NCI L
AGENDA STATEMENT
~~~ CITY OF
CHULAVISTA
OCTOBER 18, 2011, Item v2.
Item Title: A. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING VARIOUS CHAPTERS OF TITLE 2 OF THE
CHULA VISTA MUNICIPAL CODE, RELATED TO THE
CITY'S BOARDS AND COMMISSIONS
B. ORDINANCE OF THE CITY OF CHULA VISTA
ADDING CHULA VISTA MUNICIPAL CODE CHAPTERS
2.41.1, 2.43, 2.45, AND 2.47 TO ADD PROVISIONS FOR
THE PARKS AND RECREATION COMMISSION, CIVIL
SERVICE COMMISSION, BOARD OF LIBRARY
TRUSTEES, AND DESIGN REVIEW BOARD TO TITLE 2
OF THE MUNICIPAL CODE; AMENDING AND
REPEALING VARIOUS SECTIONS IN MUNICIPAL CODE
CHAPTER 19.14, RELATED TO THE DESIGN REVIEW
BOARD, AND REPEALING SECTION 2.16.060, RELATED
TO THE PARKS AND RECREATION COMMISSION
C. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
2.25, GENERAL RULES FOR BOARDS AND
COMMISSIONS
Submitted By: Donna Norris, CMC, City Clerk ~/V
4/Sths Vote: Yes ~ No XD
BACKGROUND
In an effort to remove redundancies and inconsistencies in the rules governing the City's boards
and commissions, the City Council adopted Ordinance 3111 in 2008, adding Chapter 2.25 to the
Chula Vista Municipal Code, which established general rules for the City's boards and
commissions. As a follow-up to the adoption of the general rules, it is necessary to remove the
.redundant and inconsistent rules from each of the chapters of the Municipal Code that relate to
individual boards and commissions, as well as add chapters to codify existing rules for the City's
charter-created boards and commissions. Adoption of proposed ordinances A and B removes
those redundancies and inconsistencies, codifies existing Charter provisions, and updates the
meeting schedules that are currently in place.
At its meeting of October 11, 2011, the City Council directed the City Clerk to bring specific
amendments to Chula Vista Municipal Code Chapter 2.25 to the Council for consideration.
Those amendments are provided in Ordinance C for discussion and possible action.
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OCTOBER 18, 2011, Item~_
Page 2 of 4
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act {CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it does not
involve physical changes to the environment; therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Council place Ordinances A and B on first reading and take action on Ordinance C as it deems
appropriate.
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
ORDINANCES A - B
In 2005, the former City Clerk, in conjunction with the City Attorney's office and a legislative
consultant embarked on a project to consolidate all the rules that govern the City's boards and
commissions. At that time, rules were located in various places, including the City Charter,
Municipal Code, Council Policy Manual, and Council minutes. Because of the varied locations
and inconsistencies between the various regulatory documents, it was difficult for staff, the
public, and the volunteer appointees to the boards and commissions to find the appropriate
regulation(s).
In 2008, the City Council adopted Ordinance 3111 (Attachment 1), approving the consolidation
of those rules. The General Rules have been codified as Chapter 2.25 of the Chula Vista
Municipal Code, and apply to all boards and commissions. The next and final step of this project
is to remove the redundancies and inconsistencies from individual chapters governing each board
and commission, and to consolidate those chapters into one area of the Municipal Code.
Proposed ordinances A and B clean up the Municipal Code by amending, adding, moving, and
replacing various chapters to remove duplicative or inconsistent operating rules for each board
and commission, to consolidate board and commission provisions into one area of the Municipal
Code, and to update meeting schedules to reflect current practice.
Staff from each department that works with board(s) and/or commission(s) reviewed the
proposed chapter amendments in ordinances A and B and suggested revisions for their respective
board(s) and/or commission(s).
Title 2 of the Municipal Code currently contains provisions for all of the City's boards and
commissions except Civil Service Commission, Board of Library Trustees, and Design Review
Board. Proposed ordinance B codifies the Charter-created rules for the Civil Service
Commission and the Board of Library Trustees, and moves the rules for the Design Review
Board from Title 19 to Title 2, to be consistent with the other boards and commissions.
Provisions for the Parks and Recreation Commission, aCharter-created commission, are
currently housed in Municipal Code Chapter 2.16, which pertains to the Recreation Department.
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OCTOBER 18, 2011, Item
Page 3 of 4
Proposed ordinance B provides a separate chapter for the Parks and Recreation Commission, in
keeping with other boards and commissions.
Aside from the cleanup amendments, additional revisions are proposed, as described below:
Design Review Board
The Design Review Board reviews plans for the establishment, location, expansion or alteration
of certain structures in the City to ensure that development is orderly, of a high quality, and
consistent with City-approved design guidelines. In order to be consistent with current practice
and with other permitting processes, the proposed ordinance adds Municipal Code Section
19.14.583(A} to provide instructions regarding the submission of applications for design review.
Housing Advisory Commission
The Housing Advisory Commission is an advisory commission that serves as a resource on
housing issues. The current membership qualifications are narrowly defined and limit the
number of Chula Vista residents eligible to serve on the Commission. Currently, individual seats
are assigned to specific professions. The proposed ordinance includes these professions as
cumulative examples of experience for filling vacancies, as opposed to singular requirements,
which will widen the potential pool of applicants and diminish the likelihood of conflicts for
particular seats on the Commission. The proposed ordinance amends Municipal Code Chapter
2.35 to broaden the membership qualifications to allow appointment of individuals with
experience and expertise in certain fields, and removes the requirement but not the ability, to
appoint a representative from anon-profit organization.
Resource Conservation Commission
The Resource Conservation Commission is an advisory commission established to advise the
City on energy conservation, resource recovery, and environmental matters. On March 22, 2011,
the Council approved a streamlined environmental review procedure in accordance with the
California Environmental Quality Act (CEQA). The revised procedures removed the
environmental review responsibilities for proposed development projects from the Resource
Conservation Commission. Therefore, the proposed ordinance amends Chula Vista Municipal
Code Chapter 2.32 to remove environmental review from the Commission's functions and
duties.
Traffic Safety Commission
The Traffic Safety Commission is an advisory commission established to contribute to the
improvement of personal or property safety specifically related to matters of vehicular or
pedestrian traffic safety within the public rights-of--way in the City. In 2006, in order to clarify
its purpose and differentiate between it and the Council's Public Safety Subcommittee, City staff
recommended, and the Safety Commission voted in favor of, renaming the Safety Commission
to Traffic Safety Commission. In 2008, the Council adopted Ordinance 3111 (attached), which
included the "Traffic Safety Commission" in the description of the City's boards and
commissions. The proposed ordinance amends Chula Vista Municipal Code Chapter 2.44 to
rename the commission.
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OCTOBER 18, 2011, Item ~.
Page 4 of 4
ORDINANCE C -
As directed by the City Council, revisions to Chula Vista Municipal Code Chapter 2.25 are
provided as requested by Councilmember Aguilar. With the exception of Section 2.25.050(D),
the requested revisions were specific, and are provided in Ordinance C (Attachment 4) for the
Council's deliberation and action. Councilmember Aguilar also requested consideration of an
alternative to the current process for selecting a panel of City Managers to review applications,
conduct interviews, and make a recommendation to the City Council for appointment to the
Board of Ethics. Therefore, Section 2.25.050(D) should be included in the Council's
deliberations.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific, and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
Amending the Municipal Code to consolidate the City's boards' and commissions' operational
rules has no impact on the City's general fund.
ONGOING FISCAL IMPACT
Amending the Municipal Code to consolidate the City's boards' and commissions' operational
rules has no ongoing impact on the City's general fund.
ATTACHMENTS
1. Ordinance 3111 (General Rules for Boards and Commissions)
2. Proposed Ordinance Amending Various Chapters of CVMC Title 2 Related to the City's
Boards and Commissions.
3. Proposed Ordinance Adding Municipal Code Chapters to Title 2 Related to the Parks and
Recreation Commission, Civil Service Commission, Board of Library Trustees, and
Design Review Board, Amending and Repealing Sections in Chapter 19.14, Related to
the Design Review Board, and Repealing Section 2.16.060, Related to the Parks and
Recreation Commission.
4. Proposed Ordinance Amending Chula Vista Municipal Code Chapter 2.25, General Rules
for Boards and Commissions.
Prepared by: Donna Norris, CMC, City Clerk
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G~Z~u~zcs+t T
ORDINANCE N0.3111
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.25 TO THE CHULA VISTA MUNICIPAL CODE
PERTAINING TO GENERAL RULES GOVERNING THE
CITY'S BOARDS AND COMMISSIONS
WHEREAS, the City Clerk has identified redundancies and inconsistencies in the rules
governing operating procedures for the City's boards and commissions; and
WI-IEREAS, these rules are currently spread among the City Charter, Municipal Code,
Council Policy Manual and City Council minutes, with some in conflict with one another, and
WHEREAS, consolidating rules in one location will eliminate confusion, increase staff
efficiency, and clarify the rules far the benefit of board and commission members, and the
general public; and
WHEREAS, clearly defined rules that are consistent and equitable among the various
boards and commissions will allow for more consistent and effective training for board and
commission members; and
WHEREAS; alI rules should conform with current City Charter provisions and not
conflict with each other; and
WHEREAS, to the extent that these general rules conflict with ordinances relating to
specific boards and commissions that have not been changed, the rules adopted by this ordinance
shall prevail; and
WHEREAS, pursuant to direction from the City Council, individuals may only serve on
one board or commission as it is the Council's desire to provide opportunities for service on
boards and commissions to as many interested individuals as possible; and
WHEREAS, to the extent that individuals serve on more than one board or commission
simultaneously in accordance with the rules in effect as of the adoption of this ordinance, they
may continue to hold each of their current positions until each position's term has expired or
until the vacancy created by said expired term has been filled in accordance with CVMC section
2.25.080(B).
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I. Chapter 2.25 is hereby added to the Ghula Vista Municipal Code to read as
follows:
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Ordinance No. 3111
Page ?
Chapter 2.25
GENERAL RULES FOR BOARDS AND COMMISSIONS
2.25.010 Agglicahility.
Unless otherwise specially stated in this chapter or in the ordinance creating the particulaz
board or commission, CVMC chapter 2.25 applies to all boards and commissions, whether
created by City Charter, ordinance, state or other law. If there is a conflict between the Charter
and the Municipal Code, Charter provisions shall prevail.
2.25.020 Definitions.
For purposes of this chapter, the following words are defined:
A. "Abandonment" means the intentional relinquishment of voting membership on a
board or commission without a formal resignation having been submitted to the City.
B. "Boards and Commissions" include: (I) Boadds and commissions established by
the Chula Vista Charter: Board of Library Trustees, Civil Service Commission, Parks and
Recreation Commission, and Planning Commission; and (2) Boadds and Commissions
established by the City Council: Access Appeals Board, Board of Appeals and Advisors, Boazd
of Ethics, Charter Review Commission, Child Care Commission, Commission on Aging,
Cultural Arts Commission, Design Review Boazd, Economic Development Commission, Growth
Management Oversight Commission, Housing Advisory Commission, Human Relations
Commission, International Friendship Commission, Mobilehome Rent Review Commission,
Nature Center Boazd of Trustees, Resource Conservation Commission, Traffic Safety
Commission, Veterans Advisory Commission, and other boazds or commissions subsequently
created by Ciry Charter or ordinance.
C. "Brown Act" means the Ralph M. Brown Act, Government Code section X4950 et
seq., commonly referred to as the Brown Act or the California Open Meeting Law.
D. "Cause" includes: (1) conviction of a felony or crime involving moral turpitude;
(2) absence from three regular, consecutive meetings of the board or commission, unless excused
by majority vote of its members, as expressed in its official minutes; (3) absence from more than
50% of the regularly scheduled meetings of the boazd or commission in one calendar yeaz,
whether or not excused by a majority vote of its members; (4) abandonment; (5} failure to attend
training sessions mandated by the City; or (6) violation of any City policies or City, state or
federal regulations that are the subject of mandatory training sessions.
E. "Entire voting membership" or "entire membership" means those individuals who
have been appointed to, have been sworn in to serve on, have not been removed from, have not
vacated their seat on, and who aze eligible and entitled to vote as members of a board or
commission. It does not include ex-officio members and does not include seats specified in the
ordinance creating the board or commission but are not filled. The City Council intends that this
definition clarify the term "entire membership" as used in section b03 of the City Charter.
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Ordinance No. 3l 11
Page 3
F. "Ex-officio members" means the individuals who are appointed by the City
Council to serve in an advisory capacity on a boazd or commission, but who are not entitled to
vote or to make motions. "Ex-officio members" do not include City staff who provide
information to or sit with a board or commission.
G. "Member" means an individual who has been appointed to, has been sworn in to
serve on, has not been removed from, and who has not vacated his or her seat on a board or
commission. "Members" includes voting members and ex-officio members.
H. "Registered voter'' means an individual who is registered to vote in City of Chula
Vista elections.
I. "Resignation" means a formal renouncement or relinquishment of voting
membership on a board or commission.
J. "Vacancy" or "event of vacancy" means any of the following events:
1. Expiration of a member's term of office;
2. The death of a member;
3. A member has been removed for cause by three affirmative votes of the
City Council;
4. The disability of a member that renders the member incapable of
performing the duties of his or her office;
5. A member's conviction of a felony or crime involving moral turpitude;
5. A member's abandonment of office;
7. A member's absence from three regular, consecutive meetings of the board
or commission, unless excused by majority vote of the members and
expressed in its official minutes;
8. A member's absence from 50% of the regularly scheduled meetings in one
calendar year, whether or not excused by majority vote of the board or
GOmmlSSlOn;
9. A member has subnutted a resignation that has been accepted by the City
Council;
10. A member ceases to be a registered voter of the City when that criterion is
required for membership on a board or commission;
11. A member loses the status or classification that qualified the individual to
become a member of a particulaz board or commission; or
12. A member becomes a salaried officer or employee of the City.
K. "Voting member'' means an individual appointed by the City Council who is
entitled to vote and make motions in his or her capacity as a member of a board or commission.
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Ordinance No. 3111
Page 4
2.25.030 Membership -Qualifications and eligibility as voting meYnber.
'T'his section implements City Charter section b02{d) and policies consistent with other
portions of the Charter pertaining to qualifications for voting membership and eligibility to serve
on boards and commissions.
A. Except as provided in subsection B, voting members of boards and commissions
shall be registered to vote in City of Chula Vista elections_
B. Voting members of boards and commissions who are advisory only and whose
duties involve regional issues are not required to be registered to vote in City of Chula Vista
elections; however, the appointment of individuals who aze not registered voters must be
approved by four affirmative votes of the City Council.
C. An individual is eligible to serve on only one board or commission at a time.
D. A salaried officer or employee of the City is not eligible to be appointed to a
boazd or commission.
2.25.040 Membership -Qualifications and eligibility as ex-officio member.
The City Council may appoint ex-officio members to any boazd or commission because
of particular background or experience that the City Council deems will assist a particular board
or commission in handling a discrete set of issues. Ex-officio members are not required to be
registered voters, are not subject to term limits, and are not entitled to vote or to make motions.
2.25.050 Membership -- Applications; interview, nomination and appointment
process.
A. The City CIerk shall maintain applications for prospective membership on boazds
and commissions. The application shall provide a place for an individual to state the reasons he
or she seeks appointment to a particular boazd or commission and his or her qualifications for
service on a particulaz board or commission.
B. An individual who has submitted an application for appointment as a voting or
ex-officio member of any board or commission may be interviewed as part of the nomination
and selection process.
G When a vacancy occurs on a board or commission, the City Clerk shall forwazd
applications received for the vacant position to the Mayor, who shall review the forwarded
applications,. select applicants to be interviewed, interview selected applicants, and make
nominations for appointment, subject to the City Council's approval, for all boazds and
commissions except for the Board of Ethics, Civil Service Commission, Mobilehome Rent
Review Cammission, Planning Commission, and Parks and Recreation Commission.
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Ordinance No. 3111
Page 5
D. The Mayor shall forward applications for membership on the Board of Ethics to a
panel consisting of at least two City Managers from cities in San Diego County, excluding Chula
Vista. The panel shall review the applications, interview applicants, and make a recommendation
to the City Council for appointment.
E. The Mayor and each Councilmember shall independently review forwarded
applications for positions on the Planning Commission and Parks and Recreation Commission
and notify the City Clerk in writing of one or more applicants each w2shes to nominate for an
interview. The City Clerk shall tally the nominations. The Mayor and City Council shall set a
time collectively to interview each applicant receiving two or more nominations. Following
interviews, the Mayor and City Council shall select one individual for each available position.
F. The nomination and appointment process for the Civil Service Commission shall
be conducted in accordance with Charter section 609 and CVMC section 2.43.050.
G. The nomination and appointment process for the Mobilehome Rent Review
Commission shall be conducted in accordance with CVMC chapter 2.31 and this subsection.
1. The Mayor shall review applications for all ex-officio members and one
voting member, select applicants to be interviewed for those positions, interview selected
applicants, make nominations for appointment subject to the City Council's approval, and
schedule a vote on the nominations on the next available Council meeting's agenda.
2. The four remaining voting positions are tied to a particular Council seat
When a vacancy occurs in one of the four positions, the City Clerk shall forward applications to
the Councilmember filling the corresponding Council seat. The Councilmember shall review the
applications, select applicants to be interviewed, and interview selected applicants. The
Councilmember shall then nominate an applicant for appointment to the available .position and
request that the nomination be scheduled for vote on the next available Council meeting's
agenda.
H. Members of each board and commission shall be ,appointed by at least three
affirmative votes of the City Council.
2.25.000 Membership - Qath of office; effective date of taping office.
The City Clerk or his or her designee shall administer the oath of office to newly
appointed voting and ex-officio members. Newly appointed voting members must take the oath
of office before they may vote as a member of the board or commission to which they have been
appointed. Voting members assume their office on the date they take the oath of office.
2.25.070 Membership -Terms; Initial terms for new boards and commissions.
Initial terms of office for newly established boards or commissions shall be determined in
accordance with City Charter section 602(b).
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Ordinance No. 311 I
Page 6
2.25.080 Membership -Terms; Standard term of office; holdover office.
A. The standard term of office for board and commission members is four years. The
standard term begins July 1 and ends June 30 four years later.
B. At the end of any voting member's term, he or she shall be permitted to continue
to exercise the privileges of his or her former office until the office is filled by the appointment
of a qualified successor.
2.25.090 Membership -Terms; Two-consecutive-term Limit for voting members;
exceptions.
A. Members may be appointed to more than one four-year term, but are limited to
serving as voting members for a maximum of two consecutive terms, except as provided in
CVMC subsection 2.25.100C.
B. An individual who has served two consecutive terms as a voting member may be
reappointed to the same board or commission after an interval of two years has passed.
2.25.104 Membership -Terms; Filling unexpired terms.
A. If a vacancy on any board or commission occurs prior to the expiration of a term
of office for a voting member, any appointment to fill the vacancy shall be for the remaining
unexpired term of office.
B. A voting member who currently sits on a particulaz board or commission may not
be appointed to fill the unexpired term of another voting member's vacated seat on that same
boazd or commission. An individual who currently sits as an ex-officio member of a board or
commission may be appointed to fill the unexpired term of a voting member's vacated seat on the
same boazd or commission if the ex-officio member meets the eligibility criteria for voting
membership. The appointment process shall be the same as provided for in CVMC section
2.25.050.
C. An unexpired term with fewer than two .years remaining is not considered a
"term" for purposes of the two-consecutive-term limit set forth in CVMC section 2.25.090.
Therefore, an individual appointed to fill an unexpired term of less than two years may
subsequently be appointed to two full terms.
D. An unexpired term of two years or more is considered a "teen" for purposes of
the two-consecutive-term Limit set forth in CVMC section 2.25.090. Therefore, an individual
appointed to fill an unexpired term of two years or more may subsequently be appointed to only
one additional, consecutive term.
E. For purposes of determining whether the unexpired term of a vacated seat is less
than, more than, or equals two years, the starting date of the unexpired term shall be the date the
new appointee takes the oath of office, and the end date of the unexpired term shall be the
expiration date of the vacating member's term of office.
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Ordinance No. 3111
Page 7
2.25.110 Attendance requirements; excused absences; removal for cause.
A. The City Council relies on advice of the City's boazds and commissions that
grows from discussions among appointed members. The City Council anticipates that members
appointed to the City's boards and commissions will make every reasonable effort to attend all
regular meetings of their respective boazds or commissions, to attend special meetings, and to be
prepared to discuss matters on their respective agendas.
B. The City Charter requires that any boazd or commission member who is absent
from three consecutive, regular meetings will be deemed to have vacated his or her membership
on the particular boazd or commission, unless his or her absence is excused by a majority vote of
the other members, as reflected in the official minutes of the board or commission.
C. Boazd and commission members, by a majority vote, may excuse a fellow board
or commission member's absence from meetings for any of the following reasons:
of the member;
1 _ Illness of the member, family member of the member, or personal friend
2. Business commitment of the member that interferes with the attendance of
the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was
provided to the respective board or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony,
wedding, or other similarly significant event; or
5. Other reason far which the member has given notice to the chair or
secretary of his or her unavailability 15 days in advance, as Long as the unavailability is not
expected to last for longer Lhan 30 days.
D. Members shall vote on excusing a member's absence from a regulaz meeting.
The vote shall be reflected in the off cial minutes for the meeting at which the vote was taken.
E. A Council subcommittee comprised of the Mayor and Deputy Mayor shall
monitor the attendance records of board and commission members submitted by board and
commission chairs pursuant to CVMC section 2.25.290. The subcommittee may make
recommendations to the full Council for a vote on the removal of a member for cause. A voting
or ex-officio member may be removed for cause by three affirmative votes of the City Council.
2.25.120 Attendance reports required annually.
The secretary for each board and commission shall prepare an annual written report of
attendance, noting the percentage of absences of members for the preceding fiscal year. The
report shall be delivered to the City Clerk no later than 3une 30~' of each year. The City Clerk
shall forward the report to the Mayor, who may use this information in considering
reappointment to second terms.
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tJrdinance No. 3111
Page 8
2.25.130 Code of ethics.
Voting and ex-officio members of boards and commissions aze public officials and,
therefore, act as agents for the public's purpose and hold office for the public's benefit. As
public officials, they are bound to uphold the law, observe in their official acts a high standazd of
morality and discharge faithfully the duties of their office, recognizing that the public interest
must be a primary concern. Members of boards and commissions are expected to conform to the
City's Code of Ethics, found in CVMC chapter 2.01. If a board or commission member is in
doubt about whether the Code of Ethics applies to a particular situation, the member may request
in writing an advisory opinion from the Board of Ethics.
2.25.140 Compensation and expenses; use of business cards.
A. Members of boards and commissions shall serve without compensation for their
services.
B. Members of boards and commissions may receive reimbursement for necessary
travel and other expenses incurred on official duty to the extent that appropriations for such
expenses have been provided by the City Council in approving the board or commission's
budget.
C. Members of boards and commissions are authorized to use business cards
showing their affiliation with their particulaz board or commission only if:
1. Business cards are used in relation to the duties and functions of the
particular board or commission;
2. City funds aze used to pay for the business cards; and,
3. Appropriations for such expenses have been provided by the City Council
in approving the budget for the particular board or commission.
2.25.150 Conflicts of interest; recusal from discussion and voting.
A. Voting and ex-officio members of certain boards and commissions may be
required to file statements of economic interest as determined in the City's Conflict of Interest
Code. The City Clerk will notify members who are required to file the statements.
B. The state's Political Reform Act and the City's Conflict of Interest Code state that
no person shall make or participate in the making of a governmental decision that he or she
knows, or has reason to know, will have a reasonably foreseeable material financial effect on
him or her distinguishable from its effect on the public generally. The Political Reform Act and
implementing regulations require a public official diligently to monitor his or her business
interests, real property, sources of income, gifts, and personal finances to ensure that he or she
does not participate in an action in which he or she has a conflict of interest.
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Ordinance No. 3111
Page 9
C. When a member has a conflict of interest, or the appearance of a conflict of
interest, he or she must publicly state the nature of the conflict. Unless the item is on the consent
calendar, the member must step down from the dais or table and ~ leave the room until
consideration of the particular item is finished. Additionally, the disqualified member may not
be counted toward achieving a quorum while the item is being discussed. A member may
consult the City Attorney if he or she has a question about whether or not a conflict exists and
whether or not he or she should disqualify himself or herself from discussing or voting on an
issue.
2.25.160 Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions
on ethics laws as specified in California Government Code §53234. Board and commission
members shall participate in mandatory training sessions in the first year of appointment to their
particulaz board or commission, and at least once every two years thereafter. The City Attorney
or his or her designee will provide sufficient opportunities to board and commission members to
allow them to fulfill this requirement. The City Attorney or his or her designee shall monitor
members' attendance at mandatory training sessions within the required time period. The City
Attorney or his or her designee shall notify the City Clerk, who shall notify the Mayor, if a
member fails to attend mandatory training sessions within the required time period.
B. Board and commission members may be required to attend periodic additional
training sessions on the City's Code of Ethics, Brown Act requirements, sexual harassment laws
and policies, and other laws or City policies as may be determined.
C. The secretary of each boazd or commission shall be responsible for notifying
members in writing of dates, times and locations of training sessions.
D. The failure of a board or commission member to attend a mandatory training
session may be considered cause for removal from the particular boazd or commission to which
he or she has been appointed.
2.25.170 Operations -Bylaws may be adopted.
Boards and commissions may adopt bylaws governing the internal conduct of their
affairs. The bylaws must be consistent with the City Charter, the Municipal Code, and
applicable state law and shall include the method for their amendment. The original bylaws and
any amendments to the bylaws shall be delivered to the City Clerk for preservation.
2.25.180 Operations -Election of chair and vice chair.
At the first regular board or commission meeting following July i of every year, or as
soon as practicable thereafter, each board or commission shall elect a chair from among its
voting members. Each board and commission may also elect a vice chair from among its voting
members. The chair and any vice chair thus selected shall serve for a period of one yeaz. The
secretary shall notify the City Clerk whenever there is a change in chair or vice chair.
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Ordinance No. 3111
Page ] 0
2.25.190 Operations -Duties of chair, vice chair and chair pro-tem.
The chair shall serve as presiding officer at meetings. In the absence of the chair, the
vice chair, if any, shall serve as presiding officer. In the absence of the chair and the vice chair,
if any, the secretary shall call the meeting to order, and the voting members shall select a chair
pro-tern from any of the board or commission's voting members for purposes of conducting
business at that meeting.
2.25.200 Operations -Regular meetings required; special meetings allowed; time and
location to be established by resolution; Brown Act requirements.
A. As required by the City Charter, boards and commissions shall hold regulaz
meetings. Except as otherwise stated in this section, each board or commission shall hold its
regular meetings at least monthly. Each board or commission shall establish the day, time and
location for its regular meetings by written resolution. Aboard or commission may change its
regular meeting day, time or location only by a written resolution.
1. The Access Appeals Board shall meet on an as-needed basis, as determined by
the filing of disabled access complaints, but shall hold no more than one meeting each month at a
time designated by the chair, or at 4:00 p.m. on the second Monday of each month, immediately
prior to the meeting of the Board of Appeals and Advisors.
2. The Board of Ethics shall hold meetings at the call of the chair or a
majority of its members. The Board shall hold at least one meeting annually.
3. The Charter Review Commission shall hold at least one regular meeting
annually. Additional]y, during years when regularly scheduled General Municipal Elections are
held, the commission shall meet no later than the first Wednesday of the seventh month
preceding the next regularly scheduled general municipal election. By written resolution, the
commission may establish other regular meeting times.
4. The Growth Management Oversight Commission shall hold meetings at
the call of the chair and shall meet no later than the first week of January of each yeaz. By
written resolution, the commission may establish other regular meeting times.
5. The Nature Center Board of Trustees shall meet every other month. By
written resolution, the board may establish other regular meeting times_
B. In addition to regular meetings, boards and commissions are authorized to cal]
and hold any special meetings they deem necessary, as long as the meetings are properly noticed.
No written resolution is required to call a special meeting.
C. As a general rule, boards and commissions shall hold their regular and special
meetings at a City facility. Boards and commissions may hold their meetings from time to time
in other locations within the City, as long as meetings are properly noticed.
D. All board and commission meetings shall be noticed and held in accordance with
the requirements of the Srown Act.
2-14
Ordinance No. 3111
Page I1
2.25.210 Operations -Agenda preparation, posting, and availability.
A. Agendas must be prepared for all meetings in accordance with Brown Act
requirements. Items may be placed on the agenda by the chair, by majority vote of the members,
or by City staff. The secretary for each board or commission shall prepare meeting agendas in
consultation with the chair. The secretary shall forward the agenda and supporting documents
and materials to members in cuff cient time in advance of a meeting to allow them to review the
materials prior to the meeting. Agendas and supporting documents shall be made available to the
public at the same time they aze provided to the board or commission.
B. The board or commission secretary shall post agendas for regular meetings at
least 72 bows prior to the meeting in a place visible and accessible to the public 24 hours each
day. The secretary shall post agendas for special meetings at least 24 hours prior to the meeting
in a place visible and accessible to the public 24 hours each day.
C. The board or commission secretary shall forward agendas to the Mayor, City
Council, City staff designated to assist a particular boazd or cammission, and individuals who
have submitted a written request for meeting information, at least. 72 hours in advance of regular
meetings and at least 24 hours in advance of special meetings. Agendas shall be made available
to the public at least 72 hours in advance of regular meetings, and at least 24 hours in advance of
special meetings, and at all meetings.
D. The agenda for each board or commission meeting shall provide time for the
public to comment on each item on the agenda. The agenda shall also include a section for public
comments on matters not listed on the agenda but within the jurisdiction of the particular boazd
or commission.
2.25.220 Operations -Meeting cancellation; notice required.
A. A meeting may be cancelled because of a lack of a quorum of voting members or
the lack of agenda items.
B. If the board or commission secretary has advance notice that a meeting will not be
held, the secretary shall post a notice of cancellation in lieu of pasting or mailing an agenda for
the meeting.
C. If a quorum of voting members cannot be assembled on the date and at the time a
meeting is scheduled to be held, the secretary shall declaze the meeting cancelled and post a
notice of cancellation of the meeting on the door of the room where the meeting was to be held.
2.25.234 Operations -Minutes required; form and content; retention of recordings.
A. The board or commission secretary shall prepare minutes for all meetings. The
secretary shall present the minutes at a subsequent meeting for approval by the board or
commission members. The secretary shall transmit the original minutes to the City Clerk for
permanent preservation immediately after the board or commission has approved the minutes.
;~"' ~'
2-15
Ordinance No. 3111
Page 12
The secretary shall transmit copies of minutes of all meetings to the City Council within ten days
of approval. -
B. Minutes shall contain a record of each particular type of business transacted, set
off in paragraphs vrith proper subheadings. The secretary shall be required to make a record only
of the business actually passed upon by a vote of the board or commission members and shall not
be required to make a verhatim transcript of the proceedings. A record shall be made of the
name and city of residence of persons addressing the board or commission, the title of the subject
to which their remazks related, and whether they spoke in support of or in opposition to the
matter.
C. The board or commission secretary shall retain recordings of meetings, if any are
made, only for the purpose of accurately preparing minutes. When the board or commission
formally approves the minutes of a particulaz meeting, the secretary shall cause the recording for
that meeting to be erased without further Council authorization; except that recordings for a
meeting involving a public hearing shall be kept for one year from the date of the public hearing.
The secretary shall cause the tapes for that meeting to be erased without further Council
authorization.
2.25.240 Operations -Quorum and voting requirements.
Unless otherwise required by state law or this chapter, the affirmative vote of a majority
of the entire voting membership of any board or commission shall be necessary for it to take any
action except to adjourn. This provision is intended to meet the requirements of City Charter
section 603.
2.25.250 Operations -Appointment of subcommittees.
A. Boards and commissions may appoint subcommittees that they deem appropriate
to provide advice on any matter within the jurisdiction of the particular boazd or commission.
B. Subcommittees may be composed of board or comr~assion members, as well as
other residents appointed by the particulaz board or commission. The chair of any subcommittee
shall be a voting member o.f the board or commission that established the subcommittee.
C. Subcommittees may be standing committees or ad hoc committees.
D. Brown Act requirements pertaining to notices of meetings, agendas and public
comment shall apply to meetings of any standing subcommittee of whatever composition, and to
any subcommittee that is composed of a quorum of members of the boazd or commission.
Subcommittees may not hold closed sessions.
E. The role of any subcommittee is to provide expertise and advice to board and
commission members only. Subcommittee members do not advise the City Council directly.
Subcommittee members do not represent the City. Subcommittee members should make every
effort to ensure that recommendations and advice aze directed to the boazd or commission that
established the subcommittee. Subcommittee members may not speak on behalf of the board or
commission without prior approval of a majority of the members of the boazd or commission.
~'
2-16
Ordinance No. 3 311
Page 13
215.260 Operations -Staff support.
A. Pursuant to City Charter section b03, the City Manager shall appoint a staff
person to serve as secretary to each board and commission. In addition to other duties specified
in this chapter, the secretary is responsible for finalizing resolutions and performing other
administrative duties, as necessary.
B. Pursuant to City Charter section 6a5, the services of the Director of Public
Works, the City Attorney, and the Director of Building and Housing (now known as the Director
of Planning and Building) shall be made available to the Planning Commission.
C. The City Manager may make available other staff and clerical support as
requested by a board or commission to fulfill its functions and duties, provided such staff and
clerical support are available.
D. Staff persons assigned to assist boards and commissions shall not be considered
voting or ex-officio members of those boards and commissions.
2.25.270 Operations -Gifts, grants and contracts; Council approval required.
A board or commission may not accept gifts or grants from any source absent approval
from the City Council. Aboard or commission may not commit or attempt to commit the City to
any contract or other agreement without first obtaining authority from the City Council to do so.
2.25.280 Operations - Annual activity report required; other reports aad
recommendations; individual communications by members.
A. By July 1 of every yeaz, each board and commission shall prepare and submit to
the City Clerk a written report of its activities. The City Clerk shall forwazd copies of each
report to the City Council. The annual report shall also contain other specific information or
findings required by the ordinance creating a particular board or commission.
B. In addition to the annual report, a baazd or commission may make other reports to
the City Council, either orally or in writing, at a public session of the City Council. Minority
reports, if any, shall be submitted in writing concurrent with the majority reports.
C. Boards and commissions shall forward proposals, suggestions, or
recommendations to the City Council, after formal board or commission action has been taken,
within ten working days of the meeting at which the action was taken. Board and commission
policy positions should be formulated and stated in such a way as to ensure understanding by the
public that the stated positions are not the official policy of the City until recommended to, and
adopted by, the City Council.
D. Individual board or commission members may speak on behalf of their respective
board ar commission only after a vote of the particular board or commission. Individual
members making recommendations or expressing views that have not been officially voted on by
a majority of the body shall indicate that they are expressing themselves as private citizens, not
as representatives of their respective board or commission.
%'
2-17
Ordinance No. 3111
Page 14
2.25.290 Vacancies -Written notification from cbair required.
A. The chair of each board or commission shall notify the City Clerk in writing, or
cause the City Clerk to be notified in writing, if a voting member appears to have abandoned his
or her office on the board or commission; if a voting member misses three regular, consecutive
meetings of the board or commission without being excused by a majority vote of the board or
commission as expressed in its official minutes; or if a voting or ex-officio member misses more
than 50% of the board or commission's regularly scheduled meetings in one calendar yeaz,
whether or not excused by the other members.
B. The City Clerk shall notify the Mayor in writing of reported abandonment or
missed meetings, ar when a member has failed to attend mandatory training sessions.
2.25.300 Vacancies -Posting required.
A. In accordance with the Maddy Act, Government Code Section 54970, et seq., on
or before December 31 of each year, or as soon as practicable thereafter, the City Clerk shall post
a notice of vacancies that aze anticipated to occur during the ensuing calendaz yeaz due to the
expiration of voting members' terms of office.
B. If an unexpected vacancy occurs for a reason set forth in CVMC 2.25.020 under
the definition of the term "vacancy," the City Clerk shall post a notice of vacancy and notify the
City Council so that action can be taken to fill the vacancy.
SECTION II: To the extent that individuals serve on more than one board or commission
simultaneously in accordance with the rules in effect as of the adoption of this ordinance, they may
continue to hold each of their current positions until each position's term has expired or until the
vacancy created by said expired term has been filled in accordance with CVMC section
2.25.080(B).
SECTION III: This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by
0
Donna Norris
Interim City Clerk
Approved as to form by
~x .~
Ann Moore
City Attorney
S on Marshall
Senior Assistant City Attorney
2-18
Ordinance No. 31 11
Page 1 S
PASSED; APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista,
California, this l st day of April 2008, by the following vote:
AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Y. ~
Cheryl Cox,; day r
ATTEST:
Donna R. Nom , CM ,Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Noms, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 3111 had its first reading at a regular meeting hetd on the 18th day of
March 2008 and its second reading and adoption at a regular meeting of said City Council held
on the I st day of April 2008; acid was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 1st day of April 2008.
Donna R. Norris, C C, Interim City Clerk
2-1 9
Attaclnnent 2
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS CHAPTERS OF TITLE 2 OF THE CHULA VISTA
MUNICIPAL CODE, RELATED TO THE CITY'S BOARDS AND
COMMISSIONS
WHEREAS, the City Clerk's Department provides support for boards and commissions
by receiving applications, collecting attendance and activity reports; and providing assistance to
members and staff on meeting protocol, agenda and noticing requirements, and operational rules
and regulations; and
WI-IEREAS, prior to March 2008, the rules and regulations governing boards and
commissions were contained in the Municipal Code, City Charter, Council Policies, and City
Council minutes; and
WHEREAS, because of the varied locations and inconsistencies between the various
regulatory documents, it was difficult. for staff, the public, and the volunteer appointees to the
boards and commissions to find the appropriate regulation(s). These inconsistencies resulted in
inefficiencies and a waste of resources in the administration of boards and commissions; and
WHEREAS; in 2005, the City Clerk, in conjunction with the City Attorney's office and a
legislative consultant embarked on a project to consolidate all the rules that govern the City's
boards and commissions; and
WHEREAS, in 2008, by ordinance, the City Council adopted general rules to govern all
the City's boards and commissions, thereby eliminating the need for these provisions for
individual boards and commissions in the Municipal Code; and
WHEREAS, in 2008, by resolution, the City Council rescinded the Council Policies that
were duplicative; and
WHEREAS, the City Clerk proposes to retain the substantive functions, duties, and
responsibilities of each board and commission and remove provisions that are redundant or
inconsistent with the general rules in CMVC Chapter 2.25.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I. Chapter 2.26 is hereby amended to read as follows:
Chapter 2.26
BOARD OF APPEALS AND ADVISORS*
Sections:
2.26.010 Creation.
2.26.020 Purpose and intent.
2.26.030 Functions and duties.
2.26.040 Membership_
2.26.050 Meetin6 Schedule.
,,~ T ,. F ,..~ ,. v
2
2-20 ~~~
Attachment 2
* For state law adopting building codes and other codes to' apply as _ housing construction
regulations throughout the state, see Health & Safety Code § 17922; for Charter provisions
regarding appointive boards and commissions, see City Charter §§ 600 - 606.
2.26.010 Creation.
There is hereby created a Board of Appeals and Advisors. The provisions of Article VI of the
City Charter, CVMC Chapter 2.25 and this chapter shall govern this Board.
2.26.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Board of Appeals and Advisors
to create an advisory body ~~ to -serve as a resource to advise and make
recommendations to the City Council, the City Manager, the Building Official and the Fire Chief
on matters relating to building construction; and=
to act as an alternative administrative appellate review body for
persons affected bve€ decisions of s~rthose officers to abate public nuisances arising out of
application of Uniform Codes.
2.26.030 Functions and duties.
The function and duties of the Board of Appeals and Advisors shall be as follows:
A. Create a forum for City-wide discussions, research, and analysis of critical issues of building
construction, including plumbing, mechanical and electrical installations.
B. Where authorized by a Uniform Code adopted by the City to do so, investigate and advise as
to the suitability of alternate materials, types of construction, and interpretation of saw-that
adopted Uniform Code.
C. Conduct public hearings and recommend to the City Council the passage of new legislation
pertaining to the design and construction of buildings.
D. Act as an '~-administrative appellate body, as an alternative to the hearing examiner
~ecified under CVMC section 1.20, at the option of the City Manager, to hear appeals relating
to determinations by the City Manager, Code Enforcement Officer, Fire Chief or Building
Official, pursuant to City-adopted Uniform Codes, that conditions or circumstances are public
nuisances and should be abated. Such codes include, but are not limited to, the Uniform
Building, Uniform Mechanical, Uniform Fire, Uniform Housing, Uniform Plumbing and
National Electrical Codes as adopted from time to time by the City Council. Hearings of the
Board shall be conducted in accordance with the procedures set forth in such Uniform Codes and
particularly the Uniform Code for the Abatement of Dangerous Buildings or the provisions of
CVMC Chapters 1.30 and 1.40-E~#~. The decision of the Board shall be final.
.~~ 2-20
Attachment 2
2.26.040 Membership.
A 1~T 1.. ~~A~or~
$---The Board of Appeals and Advisors shall consist of seven voting members, to be
appointed in accordance with Article VI of the City Charter and CVMC Chapter 2.25. ~-e~e
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2.26.050969 9~eratien-e~a~Meeting Schedule.
. The bBoard shall hold °°~regular
meetings n the second Monday of each month at 5:1599
p•m.,, ,
~~e~enee-F~ee~-~}e--af in Conference Room 137, located in the-T~n~~~c~
Building 200_ (Development Services) in the Civic Center,
fee-att~at 276 Fourth Avenue, Chula Vistas The board may
than e ig is regular meeting da_Y time or location by written resolution in accordance with CVMC
2.25.200. ,
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Attachment 2
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SECTION II. That Chapter 2.27 is hereby amended to read as follows:
Chapter 2.27
ACCESS APPEALS BOARD
Sections:
2.27.010 Creation.
2.27.020 Definitions.
2.27.030 Designation of Building Official
2.27.&39040 Purpose and intent.
2.27.949050 Functions and duties.
2.27.98060 Membership. "
zz~-~-nwv Trcrin~rox~r~'rcc
2.27.070 ~ Meeting schedule.
2.27.010 Creation.
There is hereby created an aAccess aAppeals bBoard. The provisions of Article VI of the City
Charter, CVMC Chapter 2.25 and this chapter shall govern this Board.
2.27.020 Definitions.
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The term "Ddisabled" is defined in a manner identical with the definition found in the federal
Americans with Disabilities Act.~~~"'~° ~~ a°~~°a ~~ *~~ ~ nnn ~.,..,.ri,..,.,... ,;+,^ ,-,:....,.:,:+; e.. n,.+
2.27.030 Designation of Building Official
B"Building aOfficial--' shall be designated by
the Ci Mana er.
2.27.938-040 Purpose and intent.
It is the purpose and intent of the cCity ~Cauncil in establishing the aAccess aAppeals bBoard to
create a body to conduct hearings on written appeals brought b~any person regarding ~
_actions taken by the bBuilding
dew-Division of the eCity, aS neees~~te ~&bTc-iazii~cazi"frniirc~cva~vf
}~~~~ in enfarcin the re uirements of California Health and Safety Code, Division 13,
Part 5.5. -
2.27.050 Functions and duties.
The functions and duties of the aAccess aAppeals bBoard shall be ~-:~:
~ 2-24
Attachment 2
~-'Fto hear and decide written appeals of orders, decisions or determinations made by the
bBuilding eOfficial relative to the application and interpretation of disabled access issues
pursuant to California Health and Safety Code, Division 13, Part 5.5 and Title 24 of the
California Code of Regulations_~State Building Code, T'-r-~~ in accordance with California
Health and Safety Code, Section 19957.5.
2.27.89-060 Membership.
n e.r.,,,.,t.o,. „~ a ~ro,....t.,,,..,
A. The Access A_ ppeals Board_ shall consist of five voting members, to be api~ointed in
accordance with Article VI of the City Charter, CVMC Chapter 2.25, and this chapter. ~e
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B. The voting membersl~ must also meet the eli ib~ty_criteria as set forth in the California
Health and Safety Code, Section 19957.5, as follows: two members shall be physically
}~~a~ed-disabled persons, two members shall be persons experienced in construction, and
one member shall be a }~lis-member of the public.
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2,27.070 9p°--^+~°~ °~''°°-"'.Meeting schedule.
~~~ -r=-~° ^.,,~ ni^^° °~ v°.~••'^~ r~°°+;r..^ The bBoard shall meet on an as-needed
~ RgTS1GLL LoZiL LLr1~3
basis, as determined by the filing of disabled access complaints, but shall hold not more than one
meeting each month. The meeting shall commence at a time designated by the chair or at 4:00
p.m. on the second Monday of each month, immediately prior to the meeting of the bBoard of
aAppeals and Advisors, ~ ,
+~- +' +~ °~ ~'^r-~ n ^ ~ ~' Tthe Board shall meet in +''° ~„,,': ~'°
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Building 200 (Development Services) located in the Civic Center, ^+ +i.° r~:+„ u^" ~^Y,.•,~,
~-at 276 Fourth Avenue, Chula Vistas The Board may change its regular meeting dam
time or location + ^~• °*'~°~ ~'^°° +~,n+;tr~^"- a , by written resolution_;in accordance
with CVMC section 2.25.200. cf '.. h:c'' c~ :" ''_ ~ _ .. ~''°a +^ +~'~ _-*~' _ _ A__-' ~a .,±° °a
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Attachment 2
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SECTION III. Chapter 2.29 is hereby amended to read as follows:
Chapter 2.29 .
CHARTER REVIEW COMMISSION
Sections:
2.29.010 Creation.
2.29.020 Purpose and intent.
2.29.030 Functions and duties.
2.29.040
~ ~n ncn Membership.
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2.29.050 _
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2.29.010 Creation.
There is hereby created a Charter rReview eCommission. The provisions of Article VI of the
City Charter CVMC Chapter 2 2~ and this chapter shall govern this Commission.
2.29.020 Purpose and intent.
It is the purpose and intent of the CFity eCouncil in establishing the Charter rReview
eCommission to create an advisory body ~~~-we~tldto serve as a resource to advise and make
recommendations to the ECity cCouncil and the ECity rnManager on issues affecting the
provisions of the City Charter ~ +,,° ,.:+<' „r r~."'., T'i,tc. The eCommission will -review the
organizational framework of City ffovernment, work to identify language to amend the Ceity
Charter to clarify or improve the workings of the ECity governments:
and recommend changes sufficiently in advance of elections to allow thoughtful eCity eCouncil
review and determination of whether to place the matter on the ballot.
2.29.030 Functions and duties.
The function and duties of the Charter rReview eCommission shall be as follows:
A. Constitute a forum for ECity-wide discussions, research and analysis of matters relating to
current or proposed provisions of the eCity Charter, and amendments thereto.
_,q~-~-5' 2 - 2 8
Attachment 2
B. Help coordinate citizen and staff ideas with regard to potential Charter changes.
C. Formulate specific language for proposed Charter changes to be submitted to the e~City
eCouncil in a form appropriate for placement on the ballot at an election wherein the proposed
Charter changes can be submitted to the electorate.
D. Provide analyses and reports to the Csity eCouncil in connection with said recommendations.
E. Prepare and submit proposed ballot arguments in favor of or against proposed. Charter
changes.
2.29.040 Membership.
A. The Commission shall consist of seven voting members, to be appointed in accordance
with Article VI of the City Charter and CVMC Chapter 2.25. °~a +,,,,. ~+.,~~ °~• °.~~,.:,, ~~ ~~>,°~~
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Attachment 2
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Attachment 2
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2.29.Og50 Meeting schedule.
A T' „SAT°st'
A Regular Meetings. z. ~;,.... ~,.° °~°,,.;,,,, <«r,,.,~°.,:~°~;,,,,°~ ,.,r°o+:.,,.»~ ~.....,,~,. ~ ,,.,,_,,+~er
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ECommission shall hold resulaz meetings on the date and at the time as called by the Chair or a
majority of the Commission, in the Community Room, located in the Chula Vista Police
Department at 315 Fourth Avenue.
B Pre-Election Meetings. The Commission shall meet not later than en-the first Wednesday
of the seventh month preceding the next regularly scheduled municipal election '~
meets " , at which time the Commission shall:
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b-~4assign stt~duties to its members as =* a°+°-~-M~~°~ may be necessary; and-
-~e}ibc.~;i*~~ consider agenda issues for further deliberation and discussion by the
ECommission. if apre-election meeting is the Commission's first meetingheld during the City's
fiscal ~eaz it shall constitute a "regular meeting " as that term is used in CVMC Section
2.25.180.
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$C The Commission may change its regular meeting day time or location by written resolution
in accordance with CVMC 2.25.200.
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~~ 2-31
Attachment 2
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SECTION IV. Chapter 2.30 is hereby amended to read as follows:
Chapter 2.30
ECONOMIC DEVELOPMENT COMMISSION
Sections:
2.30.010 Creation.
2.30.020 Purpose and intent.
2.30.030 Functions, duties and goals.
2.30.040 Membership.
-~ ~n non r~;+:.,t ,.,..,i~_
2.30.050 Meeting .schedule.
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2.30.010 Creation.
There is hereby created an Economic Development Commission. The provisions of Article VI
of the City Charter CVMC ~°~Chapter 2 25 and this chapter shall govern this Commission.
2.30.020 Purpose and intent.
It is the purpose and intent of the Ceity eCouncil, in establishing the eEconomic dDevelopment
eCommission, to create an advisory and coordinating body ~•s-to serve as a resource; to
advise and to-make recommendations to the Ceity eCouncil and eCity Manager on economic
development issues and opportunities that would benefit the community.
2.30.030 Functions, duties and goals.
A. The ~t~al-goals of the commission shall be as follows:
Al-. Te-aAssess the job needs of the residents of Chula Vista, and after doing so, to
engage in a variety of activities that will help create, retain and attract jobs and capital
investment that will meet the employment needs of the community.
$2-. Te-~kHelp ensure that there are adequate educational programs available to support
the instructional needs of the jobs being created.
2-32
Attachment 2
C3. Immediately establish a specific plan of action to help irriplement the objectives
of the eCity eCouncil.
~4. Help assure prospective industrial and commercial developers and existing
commercial and industrial interests of the cooperation of the ECity to benefit both
business and the community.
€5. ~e-sCatalog current and planned industrial and commercial sites, and fiu-therrnore, to
identify other potential industrial and commercial areas that would complement and not
interfere with existing and planned residential developments.
1s6. ~a-Work with the planning department to coordinate land use designations
appropriate to current and future market demand.
C7. ~a-v~Work with realtors/developers to market Chula Vista as a viable alternative to
other Southern California markets.
I~8. ~~Work with planners and developers to encourage retail and resort land uses
(e.g., restaurants, retail promenades and other commercial recreation facilities) with
specific design criteria that will encourage development most beneficial to the ECity's
long-term interests.
B. The initial plan of action of the commission shall be as follows:
l.~ In conjunction with tie-ECity staff, ~-help develop and maintain a system to
ensure the prompt and expeditious review of industrial and commercial development
applications.
2. ~. Communicate and coordinate with the sSouth eCounty eEconomic
dDevelopment eCouncil in achieving the objectives of the commission.
3.~ Te-eEnlist cooperation of alI utilities and major financial institutions to provide the
facilities to support an industrial and commercial development program.
4~. Te-i~Notify and establish lines of communication with national and regional
€~B~seconomic development commissions, industrial and commercial real estate
brokers and developers concerning the plans and objectives of the sCommission.
~:5. Te--1}Help develop informational materials concerning the economic and
commercial possibilities of Chula Vista to be transmitted to representatives of
interested companies.
_~6-. Te-Work with the _evelopment Services Ddepartment to redevelop
areas of Chula Vista.
_C7. Te-Work with eCity staff to revise a brochure for national distribution presenting
summary information on Chula Vista's industrial, commercial and labor markets.
8.~e-e Encourage the development of transportation modes to support industrial and
commercial development.
2.30.040 Membership.
A, ~T-----~-~- °~'*~°-~'-°--~. The eCommission shall consist of nine voting members, ~-~+~~-
~ °~^'-°-- and up to five general-ex-officio members to be appointed in accordance with
Article VI of the City Charter CVMC Chapter 2.25 and this chanter.
B.
2-33
Attachment 2
~ . ~T^*~~^ ~~°~'-°rs. The voting members shall be appointed- as follows: ~==-}h° °~*~• ^^~~~^~~ ~-^-~
.,..~
1. Two of hem-the voting members shall be appointed from a
e~-nominees frer~-the Association of Directors of the Chula Vista Chamber of
Commerce_ and ~k~shall, at the time of their appointment and throughout their terms
have membership in the Chamber of Commerce. •, e
2. One voting membern shall be a nominee from the Association of Directors of
the South San Diego Bay Cities Association of Realtors and ~l~shall, at the time of
their appointment and throughout their term, have membership in the South San Diego
Bay Cities Association of Realtors_s
3. Six voting members shall be residents of the Ceity at large and wke-shall,
throughout their term, maintain their residency and elector status; e~ These six
voting memberso~••~rshall be nominated by a separate member of the eCouncil, on
a rotating basis, ~-with the nomination sntxll confirmed by the Council as
provided in CVMC Section 2.25.050(H),,., ,
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$4 T~ ~:r°a ",.°°'- ^~ ~v.,°~~r~In order to ensure the highest caliber of talent and experience
and a diversity of viewpoints, the council should appoint members and ex-officio members with
one or more of the following areas of expertise (in addition to the nominees from the Chamber of
Commerce and Association of Realtors ):
- Market research
- Residential developer
- Commercial/industrial developer
- Banker/lender
- Major employer
- Small business owner
- Job traininglemployment services
- Major land owner
- Labor leader
- Major utility
- Maquiladora/international business
- Educational institution
- San Diego economic development corporation
- South San Diego County economic development commission
- Commercial real estate broker
2.30.050 Meeting schedule ^-'^^n°~°+~" _.
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2-34
Attachment 2
~4The Commission shall hold regular meetings on the first Wednesday of each month at 3:00
p m in +1, D„1,1;,. ~~....;..~~ Building 200 (Development Services), located in the Civic Center at
276 Fourth Avenue. The Commission may change its reQUlar meeting day, time or location by
written resolution in accordance with CVMC Chapter 2.25.200.. ~•° ~''~••'n ~'~~+~ °~~~~---~~~
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SECTION V. Chapter 2.31 is hereby amended to read as follows:
Chapter 2.31
~-r' 2-3 6
Attachment 2
MOBILEHOME RENT REVIEW COMMISSION .
Sections:
2.31.010 Creation.
2.31.020 Purpose and intent.
2.31.030 Functions and duties.
2.31.040 Membership.
2.31.050
~ ~=-~-r-vw Meeting schedule.
~v~ron-or .,~~.~.~~~.,~~.
2.31.010 Creation.
There is hereby created a ~Mobilehome rRent Review eCommission. The provisions of Article
VI of the City Charter, CVMC section 2.25 and this chapter shall eovern this Commission.
2.3 i .020 Purpose and intent.
It is the purpose and intent of the Ceity Ceouncil, in establishing the ECommission, to create an
advisory body to provide an independent review of the. disputes over rent increases in
mobilehome parks within the ECity of Chula Vista under CVMC Chapter 9.50 rt~O.
2.31.030 Functions and duties.
The functions and duties of the commission shall be as follows:
A. Pursuant to ~pter-CVMC Chapter 9.SOE, act as the "due process=" unbiased decision
maker regarding mobilehome park rent disputes.
B. Adopt rules and regulations to procedurally administer hearings under CVMC Chapter 9.50
Ito determine whether the park owner's rent increase is iri excess of the applicable cost of
living increase or is a fair return on the park owner's property.
C. Consult with and provide advice to the ECity eCouncil and ECity Manager on matters
relating to mobilehome parks.
2.31.040_ Membership.
A. ~r -~ ~~"~°-~'~°r~. The ECommission shall consist of up-te-five voting members, ~-~-
°~'~°~° -~°~'~°-- _and up to two ge~eFal-ex-officio members~ao be appointed in accordance with
Article VI of the City Charter CVMC Section 2.25.050(G), and this chapter.
B The members shall be appointed in accordance with 2.31.040(A) and as follows:
~~' 2-37
Attachment 2
1. r.---~-9~i~ .. e-~~E~3P~°c~~rraxra2`-3~3~@i$~2~-0~ ~i~~~~iten rrozn
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member shall own or be a tenant in a mobilehome park.
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2. One ex-officio member ~l~shall be a tenant in a mobilehome park within the eCity at
the time of appointment and throughout the member's term.
3. _ ne ex-officio member aka-shall be an owner of a
mobilehome park within the ECity at the time of appointment and throughout the member's term.
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2.31.0560 .
~,-: ° f ".~°°*~ n..Meeting schedule.
The Commission shall hold regular meetings °~ +''° +1,;..,1 ~••~~~'~~• °~ ~°°'~ M°~''~°uarterly on
the third Thursday of July, October; January, and April at 6:009 p.m. in the Council Chambers.
located in Building (City Halll in the Civic Center at 276 Fourth Avenue. The Commission
may change its regular meeting day, time or location by written resolution in accordance with
CVMC Section 2.25.200.
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SECTION VI. Chapter 2.32 is hereby amended to read as follows:
Chapter 2.32
RESOURCE CONSERVATION COMMISSION*
Sections:
2.32.01 ~0 Creation
2.32.020 Purpose and intent.
2.32.030 Statement of eCity goals and policies.
2.32.040 Functions and 13duties --~~_.
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Administrative functions.
2 32.060 Membership
2 32.070 Meeting schedule.
2.32.100 Repealed.
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Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.Oi20 Creation.
There is hereb created a Resource Ceonservation Ceommission. The provisions of Article VI
of the City Charter CVMC Chester 2 25 and this chapter shall govern this Commission.;
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2.32.020 Purpose and intent.
It is the purpose and intent of the eCity eCouncil, in establishing the rResource eConservation
eCommission, to create a broadly based multifunctional commission -T-~~ to provide
citizens' advice to the eCity eCouncil in the azeas of energy and water conservation, resource
recovery, environmental ~sustainability, and other related fields as determined by the City
~,,~•~ 2-41
Attachment 2
ECouncil. The °~'^+'^n~Commission shall also provide this -citizens' advice to the
other boards and commissions, the eCity mManager and members of his-the City Mana emir's staff
on these matters.
2.32.030 Statement of Ccity goals and policies.
The goals and policies of the eCity ~hie~-that relate to the duties of the rResource
EConservation eCommission are:
A. Create and maintain sustainable 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, land, and water, enjoyment of
aesthetic, natural and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish 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 ECity;
a
EE. Maximize the conservation and efficient utilization of nonrenewable ever resources, and
encourage the utilization of renewable eneray sources;
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~F. Maximize the recovery, recycling and reuse of ~as~discarded resources and minimize waste
generation through eCity action and cooperation with other public agencies and private concerns;
G Seek the fair treatment and meaningful involvement of all Chula Vista citizens with resvect to
the development, implementation and enforcement of environmental_ laws regulations and
policies;
H Minimize any conflict with any national state regional or local environmental goals.
2.32.040 Functions and l~duties-~~"'.
A. The eCommission shall provide the eCity eCouncil with a citizens' assessment of the
following:
2-42
Attachment 2
Al. The effectiveness of proposed goals, policies, procedures and regulations of the
e~City in accomplishing the purpose, intent and goals of this chapter;
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_E2. The extent to which the capital improvement program implements this chapter;
g, n~~tienal r, .,,~,~::cc~'ea, The Commission may submit to the City Staff, other boards or
commissions, or the Ceity eCouncil recommendations ~concernin~ existing or new goals,
policies, procedures or regulations necessary to implement this chapter;
C£. The eCommission may recognize individuals or groups in the community who have
implemented notable measures to foster the purpose, intent and goals of this chapter;
~,
D€. The Commission may €~hold hearings a + ' + +~ ~ ° °-~~--~ --"`~°" --=+'' =~
~estr~relating to any matter under investigation or in question before this commission.
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E. With regard to Eenergy and water conservation and resource recovery.-_
El. The eCommission shall review and make a recommendation to the City Ceouncil
for the disposition of appeals regarding the administration of CVIVIC Title 20, Energy
and Water Conservation, except those portions which are within the scope of the
bBoard of aAppeals and Advisors and the pPlanning ECommission..
2-43
Attachment 2
2. The Commission shall review and make a recommendation to the City Council for
the disposition of appeals regarding the administration of CVMC Chapter 8.24, Solid
Waste and Litter, and Chapter 8.25, Recycling, except those portions which are within
2.32.0850 Administrative functions.
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private funds or funds from other governmental agencies are made available for special projects,
surveys, educational programs or general program support, the eCity Manager is authorized,
upon recommendation of the eCommission 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 eCommission.
B£. The rResource eConservation eCommission shall have no power or right to acquire any
property for or on behalf of itself or the cCity, nor shall it acquire or hold any money for itself or
on behalf of the eCity.
2 32.060 Membership.
The Resource Conservation Commission shall; consisti~-_of seven members3 to be appointed in
accordance with Article VI of the City Charter and CVMC Chanter 2.25. '~-• '''° --"""'~~
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2.32.070 Meeting schedule.
, -L-KVJVIi~.,r, ..aav ..vv ~.~~.~, ~~ ~- --- J----J --
. The Commission shall hold its regular meetings on the second Monday of each
month at 4.00 ~m in the Executive Conference Room (C-143) located in Building i00 !Gifu
Half, in the Civic Center at 276 Fourth Avenue The Commission may change its regular
meetin da .time or location b written resolution in accordance with CVMC section 2.25.200.
,~-4'5~ 2 - 4 4
Attachment 2
SECTION VII. Chapter 2.33 is hereby amended to read:
Chapter 2.33
CULTURAL ARTS COMMISSION
Sections:
2.33.010 Creation.
2.33.020 Purpose and intent.
2.33.030 Functions and duties.
2.33.040 Membership.
~~Jv~v-r°crirrSrvrrrc...
2.33.050 eeting schedule.
2.3 3.010 Creation.
There is hereby created a eCultural aArts ECommission. The provisions of Article VI of the City
Charter CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.33.020 Purpose and intent.
It is the purpose and intent of the eCity ECouncil in establishing the eCultural aArts
eCommission to create an advisory body ~13~~to serve as a resource to advise and make
recommendations to the eCity eCouncil and the cCity Manager on cultural arts issues affecting
the citizens of the eCity. The focused efforts of the ECultural $Arts sCommission will be to
identify cultural arts needs and issues.
The purpose of the eCommission is to focus community energies and resources on developing a
highly visible eCity with a cultural arts personality and to develop, support, and nurture those
ideas .,that expand and enrich arts and cultural opportunities for the entire community.
2.33.030 Functions and duties.
The function and duties of the eCultural aArts eCommission shall be as follows:
A. Encourage the preservation of Chula Vista's cultural heritage and the creation of an
atmosphere - a Chula Vista image - in which our citizens could take pride and have increased
stature.
B. Help coordinate and marshal support for the arts.
C. Encourage the provision of cultural and artistic facilities and features in public and
commercial construction.
D. Formulate recommendations for a ECity arts program, including funding mechanisms, criteria
for the selection and placement of public art, procedures far review plans, -and guidelines to carry
out a eCity arts program.
2-45
Attachment 2
E. Regularly assess, review and update recommended goals. and long-range plans for the sCity;
and regularly solicit public input on the arts.
F. Encourage the development of arts and cultural programs for the youth of Chula Vista.
G. Promote the creation of a cultural environment to attract visitors and income.
H. Advise the Redevelopment aA_gency regarding the expenditure of fine arts in-lieu fees.
I. Make recommendations to the rRedevelopment aA_gency on fine arts features with
redevelopment districts.
The ECommission, by having a definite focus and by demonstrating a high degree of
commitment to the arts, can conduct strategic long-range planning to help reach these goals.
2.33.040 Membership.
~ ,,r ~-°- ^~ "~°m~°-~. The Cultural Arts eCommission shall consist of nine voting members,
to be appointed in accordance with Article VI of the City Charter and CVMC Chanfer 2.25.-ate
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2.33.050 eeting_schedule.
. The eCommission shall hold
regular meetings ~' +~ ~°~^`ti-~+ ~.nn r' u. cn the ~~-second Monday Hof
every January March May July September, and November at 5:845 o.m. in the Civic Center
library 365 F Street The Commission ma~change its regular meetm~ day. time or location
+ ~ +~, ,, a +,-~° +>, + '+ >,.,n a°..:,~...,*° by written resolution m accordance with CVMC
~...r-.-..,-.r ~~ s~.Q c~rrr~-a~u~i~~=iua, .~ ~
Section 2.25.200.,
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SECTION VIII. Chapter 2.34 is hereby amended to read as follows:
Chapter 2.34
CHILD CARE COMMISSION
Sections:
2.34.010 Creation.
2.34.020 Purpose and intent.
2.34.030 Functions and duties.
2.34.040 Membership.
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2.34.OSg0 . Meeting schedule.
2.34.010 Creation.
There is hereby created a child care commission. The provisions of Article VI of the Citv
Charter CVMC Chester 2 25 and this chapter shall govern this Commission.
2.34.020 Purpose and intent.
It is the purpose and intent of the sCity sCouncil in establishing the sChild scare eCommission
to create an advisory body --°~we~~to serve as a resource to advise and make
~'~ 2-49
Attachment 2
recommendations to the eCity ECouncil and the eCity mManager on child care needs and issues,
and to promote the availability of quality, affordable child caze within the community.
The purpose of the eCommission is to focus community energies and resources on child care
issues hthat, as accomplished, will positively affect the physical, social, and the economic
life of Chula Vista.
2.34.030 Functions and duties.
The function and duties of the EChild eCaze eCommission shall be as follows:
A. Create a forum for eCity-wide discussions, research, and analysis of critical issues of child
care.
B. Mobilize agencies to develop resources and share them with the community in a coordinated
fashion.
C. Promote affordable child caze within the CEity by providing direct communications and
recommendations to CEity departments, boards and commissions with regard to such issues as
zoning, health, licensing, building codes, and public safety.
D. Draft a child care policy for consideration and adoption by the eCity of Chula Vista.
E. Address child care legislation issues.
F. Encourage cooperative approaches toward the development and implementation of child care
services.
G. Promote the creation of affordable, quality child care for infants and toddlers.
H. Investigate and recommend sources of public funds for child care.
I. Promote the creation of programs that are intergenerational.
J. Define the process and advise staff on appropriate procedures and fees to increase the number
of child care spaces available in the Ceity.
2.34.040 Membership.
~ , ~T ~- ~ .,f ?`.~_~'~°=__ The Ceommission shall consist of seven voting members,
•> ~~ ~- ~ ~' *' b '~* ~~°---~° °~ *'~° to be appointed in accordance with
, nraacc-cv-can, upponi~ ~ ~~~
Article VI of the City Charter-and CVMC Chanter 2.25.
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2.34.050 .Meetingschedule.
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Attachment 2
. The eCommission shall hold °~
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regulaz meetings '~ -~°~*'~ °°-~-~-~-•°~°~~^ °+ ~.nn ~ .~, ^n the third Tuesday of each month at
7.00 p m in the South Chula Vista Library, 389 Orange Avenue.; The Commission may change
its rP~ulaz meeting day, time or location ~+ ~ ,.~, ,.+~,°.. a.,<, „~a ':.,.,° +,~.,+ :+ ~~..,,t, a°~:,.r„+° by
written resolution, in accordance with CVMC Section 2.25.200.
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Attachment 2
SECTION IX. Chapter 2.35 is hereby amended to read as follows:
Chapter 2.3 5
HOUSING ADVISORY COMMISSION
Sections:
2.35.010 Cr-eation.
2.35.020 Purpose and intent.
2.35.030 Functions and duties.
2.35.040 Membership.
2.35.450 Meeting schedule
2.35.010 Creation.
Pursuant to Section 34291 of the California Health and Safety Code, there is hereby created a
1}Housing $Advisory eCommission. The provisions of Article VI of the City Charter, CVMC
Chapter 2.25 and this chapter shall govern this Commission.
2.35.020 Purpose and intent.
It is the purpose and intent of the Ceity ECouncil, in establishing the sCommission, to create an
advisory and coordinating body which is to serve as a resource, to advise and to make
recommendations to the 1~Housing aAuthority, Redevelopment aA_gency, ECity eCouncil, and
eCity mManager on housing issues and opportunities that would benefit the community.
2.35.030 Functions and duties.
The functions and duties of the Housing Advisory ECommission shall be as follows:
A. Te-Serve as an advisory body to the bHousing aAuthority, City ECouncil, rRedeveiopment
aA_gency, and ECity Manager.
B. Te-pPeriodically assess the housing needs of the residents of Chula Vista and review housing
policies and strategies, including the housing element of the general plan, the comprehensive
housing affordability strategy, and the redevelopment agency housing plan; and to make
recommendations to improve said plans to address identified community housing needs.
C. Review and make recommendations on all matters to come before the housing authority,
except emergency matters and matters which the housing authority, by resolution, excludes from
its review.
D. Te--rReview all proposed affordable housing projects to be assisted with public funds or
incentives and make recommendations concerning said projects.
E. ~-rReview all affordable housing projects proposed under the ECity's affordable housing
program and related development agreements and make recommendations concerning said
projects.
2-54
Attachment 2
F. ~e-=-rReview ongoing housing programs of the hHousing aAuthority, sCity, and
Redevelopment aA_gency and make recommendations for improvement thereof, including
efforts to publicize the availability of housing opportunities to eCity residents.
G. Perform such others functions or duties as may be delegated by the 13Housing aAuthority.
2.35.040 Membership.
A. ~T---~- °~ *~°-~'~°r~. The Housing Advisory ECommission shall consist of seven voting
members and up to two ge~~~-ex-officio members.. ~° -M°-~'~°-'~ ~''°" to be appointed in
accordance with Article VI of the City Charter, CVMC Chapter 2.25, and this chanter.-.
B. The voting members shall be appointed_'~~~ +''° ,,:+., °^~•~°~'
c-it~ ,-according to the following specifications:
~ ~~° °~ -~~'~°-~ Three members shall have expertise and experience in at least one of the
following fields: z
Lending, Urban Planning Real
Estate Development and Real Estate Brokerage;
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d~tvvormembers shall be appointed as representatives of tenants of the Housing
Authority, and die-shall, at the time of their appointments and throughout their terms reside in
assisted housing or receive Section 8 rental housing assistance from the housing authority;
one of these awe-two members shall be 62 years of age or older; and
e-~-~two membersn shall be residents of the eCity at -large, and ~k~-shall,
throughout their terms, maintain their residency and elector status..
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2.35.OSg0 .Meeting? schedule.
The Commission shall hold regular meetin~quarterly on the fourth Wednesday of e~~l~
July October January and April at 3:30 p.m. in the Council Conference Room (C-1011, located
i_n Building 100 City Halll in the Civic Center at 276 Fourth Avenue The Commission may
change its regular meeting day time or location by written resolution_m accordance with CVMC
section 2.25.200.
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Attachment 2
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SECTION X. Chapter 2.36 is hereby amended to read:
Chapter 2.36
HUMAN RELATIONS COMMISSION*
Sections:
2.36.010 Creation ~`'° n= ~~ +~ D..~
_ _e~-T~~~-ermex~b b
2.36.02-~0 Purpose and intent.
2.36.030 Duties and fiznctions.
2 36 040 Membership.
2-58
Attachment 2
2.36.0540 _unding.
* For statutory authority for cities to act on behalf of interracial, interethnic and interreligious
peace, see Gov. Code §,§ 50261, et sea..; ~ a
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2.36.010 Creation. Pd-~ ~o~t~ent-~~e~13~-~re~--Qa~-le~tlxg~ D-~~a
There is created a 13Human Relations Ceommission The provisions of Article VI of the City
Charter CVMC Chapter 2 25 and this chapter shall govern this Commission.
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2.36.02-~0 Purpose and intent.
A. It is the purpose and intent of the eCity Council to redefine and broaden the duties and
functions of the hliuman rRelations oCommission as an advisory body, to make
recommendations and offer advice to the eCity eCouncil and the eCity mManager in the
improvement and effectiveness of the interrelationships between the various racial, religious,
ethnic, socioeconomic, age and h~~ie-a~eddisabled groups of citizens forming the social body
of the ECity and to advise the eCity on how it may best proceed in the realization of its stated
goal to provide both physical and social answers to the human care needs of said groups and to
accomplish, among other things:
2-59
Attachment 2
1. The development of a mutual understanding and respect among all such groups in the
eCity;
2. The establishment and maintenance of contacts with groups in the community which
are concerned with interracial and intercultural understanding, and to report to the eCity
eCouncil and eCity mManager regarding the activities of these groups;
3. The promotion of new and improved programs of services to all local citizens in
cooperation with peer boards and commissions as well as the eCity Manager;
4. The encouragement of citizen participation in local government by providing a forum
for discussion so as to avoid recourse to conflict and disorder as a means of resolving
community relationship problems;
5. The protection and strengthening of the rights of various racial, religious, ethnic,
socioeconomic, age and l~~eddisabled groups of citizens of Chula Vista to
insure full. enjoyment of their constitutional privileges without regard to race, color,
creed, national origin, sex or age and the elimination thereby of prejudice,
discrimination or bigotry in this community;
6. The advancement of programs to assist senior citizens in the realization and
satisfaction of their needs for adequate and decent housing, food, clothing and other
social concerns;
7. The strengthening and improvement of programs to stimulate housing for low and
moderate income families and individuals;
8. The encouragement of policies and programs to fully integrate the
~ggeddisabled persons into the mainstream of community life in the sCity.
B. It is also intended that e€the ItHuman Relations eCommission to
will advise the ECity ECouncil on matters involving Chula Vista public transportation services,
relating to operational activities and especially as to how well these services serve the needs of
Chula Vista citizens.
C. It is the intent of the cCity eCouncil to create healthy, enlightened attitudes, policies and
practices by establishing this commission as an official body, not primarily as an enforcement or
audit agency, but as a commission which will conduct careful surveys, advise intelligently, and
use the tools of education and motivation to the realization of the objectives stated herein, which
are the fulfillment of democracy's promises and realization of constitutional guarantees.
2.36.030 Duties and functions.
In cooperation with other relevant boazds and commissions, the l~Human rltelations
eCommission shall perform the following duties and functions:
,~~ 2-so
Attachment 2
A. Foster mutual understanding, respect and good will among all racial, religious, national,
ethnic, socioeconomic, age, sex and 13~~d~disabled groups in the ECity;
B. Enlist the cooperation of the various racial, religious, ethnic, socioeconomic, age, sex and
l~~ie-appeddisabled groups, fraternal and benevolent associations and other groups in Chula
Vista in programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry
and discrimination;
C. Study the problems of prejudice, intolerance, bigotry, discrimination and disorder occasioned
thereby in all or any fields of human relationship;
D. Study, review, analyze and report to the eCity ECouncit and the sCity Manager the studies
of state and federal agencies, and legislative enactments of state and federal governments,
including but not limited to the several civil rights acts of the United States government and the
state;
E. Work together with ECity, sState and federal agencies in developing programs showing the
contributions of the various racial, religious, ethnic, age, sex and h~pe~disabled groups to
the culture and traditions of the eCity, sState and nNation;
F. Promote the establishment of local community organizations in such neighborhoods as it may
be necessary and desirable to carry out programs to lessen tensions or improve group relations in
the community;
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1 ~G. Work with the several boards and commissions and departments of the ECity toward the
improvement of municipal services and community relations, including assistance in the
development of housing programs for low and moderate income families and individuals, the full
range of programs providing assistance to senior citizens and eEldisabled persons,
and actions to eliminate age and sex discrimination;
~H. Initiate and investigate complaints and initiate its own investigation, after consultation with
the eCity Manager, relative to the actions of cCity officials or ECity agencies, except that
instances of discrimination within the jurisdiction of any federal or state commission or agency
shall be referred to such commission or agency;
3~I. Hold hearings and take testimony of any person under oath or otherwise, relating to any
matter under investigation or in question before the commission;
ICJ. Advise the Ceity eCouncil and the cCity Manager of policies and programs of a formal and
informal nature that will aid in eliminating all types of discrimination based on race, creed,
national origin, ancestry, age or sex, and secure the furnishing of equal services to all residents
and maintain the quality of opportunity for employment and advancement in the city
government;
2-61
Attachment 2
- - - - - '
~-4K. Consider Chula Vista public transportation ~ services, including, but not limited to, route
structures; fares; vehicles; interface with all other forms of transit; and bench, bus stop and bus
shelter locations;
ISL. Assess Chula Vista public transportation services from the standpoint of fide-Chula Vista
~~residents and keep the ECity eCouncil informed of the adequacy of service;
9M. Consider and recommend to the eCity ECouncil the levels of public transportation services
in Chula Vista;
gN. The eCommission shall be advisory in its function, and shall have no police or enforcement
powers. It shall issue no reports or recommendations except through the eCity eCouncil and the
eCity Manager.
2.36.040 ~Membership~A19]
A.; The Human Relations Commssion shall -consists of seven members to be appointed in
accordance with Article VI of the City Charter CVMC Chapter 2.25 and this chapter. ;
.,
B. The members seleEt a '' +''^ ^~'''~'- ^~'"""^-'- shall be representative of the total social
spectrum of the eCity, specifically chosen to reflect the interests and desires of the various racial,
religious, ethnic, socioeconomic, age and h>a~ed-disabled croups, as well as a member or
members having a close association with the business and civic activities of the eCity. Tke
rum wa u..~ v: ~., ... J.. »..., .. ~_~_--" -'---- - -- --i.
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Attachment 2
2.36.0450 _unding.
. In the
event that private funds or funds from other govemznental agencies are made available for
special projects, surveys, educational programs or general program support, the eCity ~tManager
is authorized, upon recommendation of the ECommission and approval of the eCouncil, to enter
into appropriate contracts for the utilization of such funds in furtherance of the purposes and
intent of, and. the duties and functions of, the commission.
SECTION XI. Chapter 2.37 is hereby amended to read:-
Chapter 2.37
COMMISSION ON AGING
Sections:
2.37.4104--Creation.
2.37.02-1-0 Purpose and intent.
2.37.030 Functions and ~duties_
2 37.040 Memershiy.
2 37 050 Meeting~schedule.
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2.37.060 ^c+ ~~ "+" -° .,a Funding.
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2.37.010 Creation.
There is hereby created a Commission on Agin6 The provisions of Article VI of the City
Charter CVMC Chapter 2 25 and this chapter shall govern this Commission.
2.37.020 Purpose and intent.
A. It is the purpose and intent of the eCity eCouncil to establish a-spec-mil-the ECommission on
ap,~ng '~' '~ ••~^~•'ato make recommendations and advise the eCity eCouncil and the ECity
mManager on all matters affecting the older residents of the eCity, who constitute nearly 16
percent of the population of the eCity.
B. It is the intent of the eCity eCouncil to create healthy, enlightened attitudes, policies and
practices by establishing this commission as an official body, not as an enforcement or reviewing
agency, but as a commission k-that will carefully survey, intelligently plan and use the tools
of education and motivation to the realization of the objectives stated in this chapter:
2-63
Attachment 2
2.37.030 Functions and 13d.uties_
~ ~-s non n~.:o,.+:t,o ,.~,,,.,,.......:..~;,...
A. The eCommission shall undertake investigations and studies for the purpose of making
recommendations to the eCity sGouncil concerning, but not limited to, the following:
X41. Social service and/or human service programs and facilities;
~2. Leisure time activities and recreational and social programs;
E3. Development of part-time employment opportunities;
~4. Programs for the understanding of the problems of senior citizens.
B. In addition to investigative research activities, the ECommission on aAging is specifically
charged with a responsibility to:
_z41. Take such steps as are necessary based upon their analysis of the current situation
to develop a mutual understanding and respect between seniors and the balance of the
community;
~2. Promote new and improved programs of service to older residents in cooperation
with peer boards and commissions as well as the cCity mManager;
~3. Review the effectiveness of programs presently in-being used and, when necessary,
fie-recommend modification, redirection, and use of alternate or additional resources;
~4. Work together with city, county, state and federal agencies in developing programs
for the older residents;
£5-. Actively encourage local retirement clubs, churches and senior groups to exchange
ideas on programs, activities and social action which will benefit seniors and decrease
their isolation from the community;
_1i6. Promote intergenerational .programs ~-that will cause and result in an
interchange of ideas and activities between the elderly and the youth of our community;
C 7. Determine the extent of, and -make recommendations with regard to, senior citizen
involvement and participation in the processes of government--zm''a-~-=II~e
1~8. Provide a forum ae€~~~o:~hfor senior citizens mad--to bring tl-specific
problems;
_1:9. Periodically prepare comprehensive reports to the C~eCouncil describing the
commission's activities, accomplishments and recommendations as to future efforts;
,,9---~ 2 - 6 4
Attachment 2
_310. Establish a list of priorities on needs and programs and to advocate appropriate
action by the eCity cCouncil in accordance with s-the Iist~ of needs and programs.
2.37.040 _embersh~.
^ -r~.°~° ;~ ~~°.,+°a ° The eCommission on aA_ging shall consisting-of seven members,.-sne
~-to be appointed in accordance with Article VI of the City Charter, CVMC Chapter 2.25
and this chapter. ,
. The members ^^ ~~~~shall be representative of
the total racial, religious, ethnic and social spectrum of the -senior citizens.
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2.37.050 Meeting schedule.
The Commission shall hold regular meetings on the second Wednesday of e~~rJanuary,
March May July September and November at ~982~45 p.m. -in Conference Room C-106,
located in Building.100 City Hall) in the Civic Center at 276 Fourth Avenue. The Commission
may change its regular meeting day time or location by written resolution in accordance with
CVMC Section 2.25.200.
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2-65
Attachment 2
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2 37.060 Funding
E-In the event that private funds or funds from other governmental agencies are made available
for special projects, surveys, educational programs or general program- support, the eCity
~tManager is authorized, upon recommendation of the commission and approval of the City
eCouncil, to enter into appropriate contracts for the utilization of such funds in furtherance of the
purpose and intent-e€ and the duties and functions of; the eCommission.
...,,.,..,__.,.~--a -- - -
SECTION XII. Chapter 2.38 is hereby amended to read:
Chapter 2.3 8
INTERNATIONAL FRIENDSHIP CONIMISSION~
Sections:
2.3 8.010 Creation.
2,38,Q20 lae~vers-Functions and duties.
2 28 030 Membership.
2.38.040 Meeting_schedule.
2.38.050 Recommendations subject to City eCouncil approval.
2 38 060 Authorized Expenditures.
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2.38.010n~`'~--C--"'Y~"'+'"Creation..
There is created ~-est~i-the iInternational (Friendship eConunission The provisions of
Article VI of the Citv Charter CVMC Chapter 2 25 and this chapter shall govern this
Commission.,
2.38.020 ~e~Functions and duties.
The pe~e~-functions and duties of the iInternational fFriendship eCommission shall be as
follows:
A. Recommend to the C~eCouncil +'~ " "~ a city (or cities} in a foreign land or lands,
with which in its opinions it would be -i~-an-appropriate c~for the City of Chula Vista to carry
~g-~ 2- 6 6
Attachment 2
on and promote cultural and economic interchange. Such city or cities, when finally chosen by
the City Ccouncil, may be referred to as a sister city;
B. fie-Further the economic cooperation, cultural interchange and mutual understanding on the
basis of mutual friendship and amity between the eCity and such sister city or cities, as well as
other foreign communities both local and national wherein the eCity has economic and cultural
interests;
C. Plan, develop and carry out mutual economic and cultural activities with the counterpart
commission -'~'~~~'' ~~ '+° """"+ z~n in the foreign land or lands, and with the officials and
citizens of such sister city or cities,, and such other local and national foreign communities.
....
2 38.030 ember8}iinlrDN21]_
The International Friendship Commission ~-shall consist of nine members, to be appointed
the City Council in accordance with the provisions of -Article VI of the City Charter and
CVMC Chapter 2.25.
2.38.040 Meeting_schedule.
S}te~rThe }International fFriendship ECommission shall holdregular meetings on the
third Wednesday of each month at 6:00 p.m. in the Civic Center library- at 365 F Street. The
Commission may ehan~e its regular meeting day time or location by written resolution in
accordance with CVMC section 2.2.200.
2.38.050 Recommendations subject to C~eCouncil approval.
After the ~,..,,'., ~'~"+" International Friendship eCommission has submitted to the C~eCouncil
the name of an appropriate city or cities in a foreign land or lands, the C~eCouncil shall have
the power, upon receiving the recommendation of the eCommission, to accept or reject the
eCommission's recommendation.
2 3 8 060 Authorized kExpenditures~AZZ~.
If sufficient fiznds are~rovided in the annual budget the International Friendship Commission
may expend funds for the following pumoses:
A Visits or expenses incurred b~reason of visits by official sister city dignitaries to
the Ci
B Sister city cultural visitors such as Odawara's Lantern Dancers.
C. Sister city student visitors.
D Gifts for official representatives of sister cities.
~~~ 2-67
Attachment ~
E. Two receptions per year for all forei~?n exchange students in Chula Vista.
F. Other expenditures as may be approved by the City Council on a case-by-case
basis.
SECTION XIII. Chapter 2.39 is hereby amended as follows:
Chapter 2.39
VETERANS ADVISORY COMMISSION
Sections:
2.39.010 Creation.
2.39.020 Purpose and intent.
2.39.030 Functions and duties.
2.39.040 Membership.
2.39.050 eetin~ schedule.
2.39.010 Creation.
There is hereby created a Veterans aAdvisory ECommission. The provisions of Article VI of the
City Charter CVMC Chapter 2.25 and this chapter shall govern this Commission.;
2.39.020 Purpose and intent.
It is the purpose and intent of the vVeterans aAdvisory cCommission to serve as aresource- to
provide advice and make recommendations to the eCity eCouncii and the ECity mManager on
issues affecting veterans and on matters with which veterans have special areas of knowledge
and expertise, and to serve as a focal point for mustering various segments of the community to
provide volunteers for various community-oriented projects.
2.39.030 Functions and duties.
The function and duties of the Veterans aAdvisory eCommission shall be as follows:
A. Provide advice to the ECity ECouncil on matters directly relating to veterans_ ~"a~-°°+ ~°°"°""r•
B. Te-sServe as an information resource to the cCity eCouncil on matters relating to the ECity's
policy regarding veterans' entitlement programs established by'°~-~~'~+~°~ ~'°~federal, state, or
county legislation. _
C. Promote and assist the eCity on Veterans Day or Memorial Day observations and other
ECity military recognition events.
D. Encourage and promote patriotism in the sCity, including support as available to military
services recruitment offices.
2-s8
Attachment 2
E. Te-pProvide a forum for discussion of issues relating to military veterans.
F. Coordinate with the city veterans fraternal organizations regazding resources available for
mobilization in case of a disaster or emergency and act as liaison between the City and veterans'
G. Provide advice reg..ardinC matters of protocol with which veterans aze especially familiar, such
as flay presentation color guard procedures and other militar~and_paramilitarv procedures• and
Te-promote interest in flag etiquette and display and represent the CEity in providing notices of
flag use ~violations~aza~.
H. Coordinate e~individual C~recognition programs for active duty military and veteran
residents of the ECity who have achieved significant merit.
I. Provide advice and assistance to eCity residents when requested regarding resources available
to veterans' spouses, and ==°ependents.
J. Formulate and develop a recommended eCity position and endorsement regarding proposed
legislation affecting veterans and military personnel.
K. Attend meetings of, and report on actions affecting the CEity taken by, the San Diego County
Veterans aAdvisory eCouncil.
L. Study future needs of veterans1 including veterans' homes and veterans' halls.
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2.39.040 Membership.
A. ~T -~- ~ ~ ~°m'cc= ~. The commission shall consist of seven voting members„
~ ~- z ••~~° ^'^^'L to be appointed in accordance with Article VI of the City
Charter- and CVMC Chapter 2.25.
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The Commission shall hold regular meetinss on the third Tuesday of each month at b:00 n.m., in
the Chula Vista Veterans Home located at 700 East Naples Court in Chula Vista. No regular
meetin shall be held in the month of December The Commission may change its regular
meetins day time or location by written resolution in accord_ ance with CVMC Section
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SECTION XIV. Chapter 2.40 is hereby amended as follows:
Chapter 2.40
GROWTH MANAGEMENT
OVERSIGHT COMMISSION
Sections:
2.40.010 Creation.
2.40.020 Purpose and intent.
2.40.030 Functions and duties.
2.40.040
~ n n n c n Membership.
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2-72
Attachment 2
2.40.OSg0 eetin~ schedule.
2.40.010 Creation.
There is hereby created a gGrowth ~Nianagement eOversight ECommission. Th~rovisions of
Article VI of the City Charter, CVMC Chapter 2.25 and this chapter shall govern this
Commission.
2.40.020 Purpose and intent.
It is the purpose and intent of the eCity eCouncil in establishing the Growth Management
eCommission to create an advisory body to provide an independent annual review of the
effectiveness of the gGeneral pPlan regarding development issues. The ECommission should use
the threshold criteria to make determinations regarding the impact of development on the
"quality of life" in Chula Vista, publish findings and make recommendations #~ereenre azding
those findings.
2.40.030 Functions and duties.
The functions and duties of the Growth Management Oversight Commission are as follows:
A. Consider the quality of life threshold standards set forth in the growth management plan (and,
when adopted, in the new growth management ordinance) and make determinations, or
recommendations, asappropriate, regarding the following:
1.-Whether tke-compliance with the thresholds ~e-has been met , on both
a project and cumulative basis;
2.-Whether each threshold is appropriate for its goal;
3.-Whether any new threshold should be adopted for any issue;
4.-Whether any new issues should be added to, or deleted from the thresholds analysis
group;
5.-Whether the eCity has been using fees and funds derived from developers for the
intended purpose;
6. Whether enforcement is being achieved.
B. Annually, on or before June 30th, make and publish its fmdings and recommendations,
including those for imposition of a moratorium or formal "statement of concern" regazding
water, sewer, schools, and air quality thresholds.
C. The Ceommission's annual report shall be forwarded to eCity eCouncil in a timely manner
through the pPlanning ECommission,
Q_~ 2-73
Attachment 2
D. Annually review implementation of the growth management element Qf the g_General pPlan
and the growth management program. Such review shall include the adequacy of master facility
plans to account for the effective use of public facilities required by future growth in connection
with the planning and phasing of development projects.
2.40.040 Membership.
A *T•--w~-°- °~""°-~'~°-~ The Commission shall consist of nine voting members; ~~~-
~'~°~° -N°~'-°- and up to three general-ex-officio members to be appointed in accordance with
Article VI CVMC Chapter 2.25, and this chapter.
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g. ~ . ~T°*~~° ~~°-~'-°~s. The voting members shall be appointed as follows:
1. Four of the members shall be appointed from a classification consisting of residents
of the four residential General pPlan areas (Central City, Montgomery/Otay,
SweetwaterBonita, and the eastern temtories). Those members °--~~shall, e
reside in their respective General Plan area, at the time of
their appointment and shall reside in their respective plan azea for the duration of their
membership on the Commission.;
2. eOne member to-eaek-shall represent~ag;~e~pee~e~~local educational interests. ;
3. eOne member shall represent development interests.
4. ;-eOne member shall represent environmental,- interests.
5.; a~-eOne member shall represent business interests_ ~„a ~-•'~° ~''°" +'~~°~~"'~"•'`
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. 6. Oene °~•_~'~°-„ ~'~~"''° ° member shall be a member of the pPlanning eCommission.
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The Commission shall hold regular meetings on the first and third Thursdays of each month at
6.00_p m in the Executive Conference Room (C-103) in Building 100 (City Hail) of the Civic
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SECTION XV. Chapter 2.42 is hereby amended to read:
Chapter 2.42
PLANNING COMMISSION*
Sections:
2.42.010 Creation.
2.42.020 Functions and duties.
2.42.430 Membership.
2.42.040- Meetins schedule.
2.42.050--Statutory provisions applicable.
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* For statutory provisions regarding local pPlanning eCommissions, see Gov. Code § 65100, et
seq.; for eCity Charter provisions regarding appointive boards and commissions, including a
pPlanning eCommission, see Charter §§ 600 - 608.
~' ° 2-77
Attachment 2
CROSS REFERENCES: Community Planning Committee, see Ch. 2.48 CVMC; Zoning
Administrator, see CVMC Title 19.
2.42.010 Creation.
The Planning Commission is created by City Charter Section 605- The provisions of Article VI
of the City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission
2.42.020 Functions and duties.
In accordance with Charter Section 606, the Planning Commission shall have the power and duty
to:
A. Recommend to the City Council, after a public hearing, the adoption, amendment,
or repeal of a Master Plan or an~part thereof for the physical development of the City; and
B. Exercise such functions with respect to land subdivisions, planning and zoning as
may be prescribed by ordinance.
2.42.030 Membership.
In accordance with Charter Section 605, the Planning Commission shall consist of seven
members to be appointed by the City Council from the registered voters of the City. The number
of members to comprise the Commission may be changed by ordinance of the City Council;
however, the number may be set at no fewer than five and no more than nine.
2.42.040 Meeting_schedule.
The pPlanning eCommission shall meet on the second and fourth Wednesdays of the month at
6:OO~.m., in the Council Chambers located in Buildin~(City Hall) at 276 Fourth Avenue.
The Commission may chan e its regular meeting day, time or location b~written resolution in
accordance with CVMC section 2.25.200.'^'a °+'°°~+ ^ °m~'°~ m°°+~~^ ° ^'' m ~+~ ^~ +''°
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2.42.050 Statutory provisions applicable.
Chapter 3, excepting only Article 4 thereof, and Chapter 4 of Title 7 of the Government Code of
the Sstate, relating to conservation, planning, and zoning, are hereby adopted by and made
applicable in and to the ECity, except insofar as the same may conflict with the Charter or the
provisions of r~t,~r~°- '_'__"~'VMC Chapter 2.55, in which case the provisions of the Charter or
s~c~rChapter 2.55 CVMC shall be controlling.
SECTION XVI. Chapter 2.44 is hereby amended to read:
Chapter 2.44
TRAFFIC SAFETY COMMISSION
~-~' z-~ s
Attachment 2
Sections:
2.44.010--Creation. ed---~pee~-"Feuer-Q~e D ~ ~' °~ °-~ a -° ~ •' ~*~ °~
2.44.020 Functions and duties--~e}~e:
2.44.030 Membership.
2.44.040 Meeting_schedule.
-68fr
2.44.010 Creation.ed~~~e~ex~~'~ ~~~~~~
There is created and established the ~`'~~°~Traffic Safety eCommission. The provisions of
Article VI of the City Charter, CVMC Chapter 2.25, and this chapter shall govern this
commission.
2.44.020 Functions and duties--~s}~e.
The duties of the Traffic sSafety eCommission shall be to conceive and te-develop ideas or
suggestions ~i-that would specifically or generally contribute to the improvement of personal
or property safety within the eCity area, ~--~--receive and process such ideas from any
individual or groups of individuals, and after such suggestions have been given careful
consideration and study by members, both individually and collectively,
sl~l-make appropriate recommendations, by resolution, to the ECity sCouncil. All
recommendations shall be considered and acted upon favorably or unfavorably. The scope of the
operations of the ~~Commission may embrace any hazardous condition, whether it be
physical or material, a~ that would jeopardize human safety, or cause damage to property
both within and outside the home or industry; provided, however, that the basic function of the
sCommission shall be related to matters of vehicular or pedestrian traffic safety within the public.
rights-of--way in the ECity and .safety hazards .,that may exist on or about publicly-owned
land and facilities. n'~~ the e~~e~e~-~~89-~e~g~§A6 ei°~, ~'T ~~+''° r,,°~.°~
2.44.030 Membership.
The Traff c Safety Commission , ..shall consist of seven members who shall be appointed
in accordance with Article VI of the City Charter and CVMC Chapter 2.25. -te~app~y
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2.44.040 Meeting schedule.
The Traffic sSafety eCommission shall hold regular meetings on the first Wednesday of each
month at 6.00 p ni in the Council Chambers located in Building 100 (Gifu Halll in the Civic
Center at 276 4~' Avenue The Commission may establish regular meeting dates by written
resolution and may change its retular meeting day time or location by written resolution in
accordance with CVMC Section 2.25.200. +' + ~° .,,n_ ::cc.~-,, °µ-h m~n`>, c.. `>•.° a""
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SECTION XVII. This ordinance shall take effect and be in full force on the thirtieth day after its
adoption.
Submitted by Approved by
Donna Norris
City Clerk
Glen Googins
City Attorney
,~--~'~'
2-80
Attachment 3
ORDINANCE NO. '6
ORDINANCE OF THE CITY OF CHULA VISTA
ADDING CHULA VISTA MUNICIPAL CODE
CHAPTERS 2.41.1, 2.43, 2.45, AND 2.47 TO ADD
PROVISIONS FOR THE PARKS AND RECREATION
COMMISSION, CIVIL SERVICE COMMISSION,
BOARD OF LIBRARY TRUSTEES, AND DESIGN
REVIEW BOARD TO TITLE 2 OF THE MUNICIPAL
CODE; AMENDING AND REPEALING VARIOUS
SECTIONS .IN MUNICIPAL CODE CHAPTER 19.14,
RELATED TO THE DESIGN REVIEW BOARD, AND
REPEALING SECTION 2.16.060, RELATED TO THE
PARKS AND RECREATION COMMISSION
WHEREAS, Title 2 of the Municipal Code contains provisions for all of the City's
boards .and commissions except the Civil Service. Commission, Board of Library
Trustees, and Design Review Board, and it is desirable to have rules and regulations for
the boards and commissions uniformly located in the Municipal Code; and
WHEREAS, provisions for the Parks and Recreation Commission, aCharter-created
commission, are currently housed in Chapter 2.16 pertaining to the Recreation
Department, and it is desirable to have provisions for the Parks and Recreation
Commission contained in a separate chapter, in keeping with other boards and
commissions; and
WHEREAS, provisions for the Design Review Board are currently housed in Chapter
19.14, sections 19.14.581 through 19.14.589, and it is desirable to have provisions for the
Design Review Board contained in a separate chapter in Title 2, in keeping with other
boards and commissions; and
WHEREAS, the City Clerk proposes to retain the substantive functions, duties, and
responsibilities of the commissions currently set forth in the Charter and make the
general rules in CVMC chapter 2.25 applicable to all boards and commissions.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I. Chapter 2.43 is hereby added to the Municipal Code, to read as follows:
Chapter 2.43
Civil Service Commission
Sections:
2.43.010 Creation.
2.43.020 Purpose and intent.
2.43.030 Functions and duties.
2.43.040 Meeting schedule.
~~' 2-si
Attachment 3
2.43.050. Membership.
2.43.010 Creation.
The Civil Service Commission is created by City Charter section 609. The provisions of
Article VI of the City Charter, the general rules governing boards and commissions set
forth in CVMC Chapter 2.25, and this chapter shall govern the Civil Service
Commission.
2.43.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 609 and 610,
establishing the Civil Service Commission and setting forth its powers and duties. If there
is any conflict between this chapter and the Charter, the Charter shall govern.
2.43.030 Functions and duties.
In accordance with City Charter section 610, the Civil Service Commission shall:
A. After a public hearing, recommend to the City Council the adoption, amendment
or repeal of civil service rules and regulations not in conflict with Article VI of the City
Charter.
B. Hear appeals of any person in the classified service relative to suspension,
demotion or dismissal.
C. Conduct any investigation that it may consider desirable concerning the
administration of personnel in the municipal service and report its findings to the City
Council.
D. Perform other duties and powers as the City Council may, by ordinance or
resolution, confer upon the Commission in order to carry out the principles of civil
service in accordance with the laws of the state and the City Charter, and assist in the
implementation of proper employer-employee relations.
2.43.040 Meeting schedule.
The Commission shall hold regular meetings on the first Thursday of each month at 5:15
p.m. in Conference Room B129, located in Building 300 {Public Services), located in the
Civic Center at 276 Fourth Avenue. The Commission may change its regulaz meeting
day, time or location by written resolution in accordance with CVMC section 2.25.200.
2.43.050 Membership.
In accordance with City Charter Section 609, the Civil Service Commission shall consist
of five members appointed by the City Council from the registered voters of the City.
Two members shall be appointed by the City Council from a list of four persons to be
nominated by election of the employees in the Classif ed Service; two members shall be
appointed by the City Council directly; the f fth member shall be appointed by the City
Council from a list of three persons nominated by the four thus appointed. The successor
~~ 2-82
Attachment 3
of any member of the Commission shall be nominated and appointed in the same manner
as such member was nominated and appointed.
SECTION II. Chapter 2.45 is hereby added to the Municipal Code, to read as follows:
Chapter 2.45
Board of Library Trustees
Sections:
2.45.010 Creation.
2.45.020 Purpose and intent.
2.45.030 Functions and duties.
2.45.040 Membership.
2.45.050 Meeting schedule.
2.45.010 Creation.
The Board of Library Trustees is created by City Charter Section 607. The provisions of
Article VI of the City Charter, the general rules governing boazds and commissions set
forth in CVMC Chapter 2.25, and the provisions of this chapter shall govern this Board.
2.45.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 607 and 608,
establishing the Board of Library Trustees and setting forth its powers and duties. If
there is any conflict between this chapter and the Charter,-the Charter shall govern.
2.45.030 Functions and duties.
In accordance with City Charter section 608, the Board of Library Trustees shall have the
power and duty to:
A. Act in an advisory capacity to the City Council in all matters pertaining to City
libraries.
B. Recommend to the City Council the adoption of bylaws, rules and regulations the
Board may deem necessary for the administration and protection of City libraries.
2.45.040 Membership.
The Board of Library Trustees shall consist of five members appointed by the City
Council from the registered voters of the City. The City Council may change the number
of members comprising the Board by ordinance.
2.45.050 Meeting schedule.
The Board of Library Trustees shall hold regular meetings on the third Wednesday of
each month at 4:00 p.m. in the Conference Room located in the Civic Center Library at
365 F Street. The Board may change its regular meeting day, time or location by written
resolution in accordance with CVMC section 2.25.200.
~.g~- 2-8 3
Attachment 3
SECTION III. Chapter 2.47 is hereby added to the Municipal Code, to~read as follows:
Chapter 2.47
Design Review Board
Sections:
2.47.010 Creation.
2.47.020 Purpose and intent.
2.47.030 Functions and duties.
2.47.040 Membership.
2.47.050 Meeting schedule.
2.47.010 1~.^'-~g~e=o4e~p°o~~d--Creation.
The City Council created a Design Review Board in 2010 by Ordinance 3153. That
Board was~reviously known as the Design Review Committee, created by Ordinance
1771 in 1977 The provisions of Article VI of the City Charter, CVMC Chapter 2.25, this
chapter and CVMC Sections 19.14.581 through 19.14.588 shall govern this Board.
~ °.-~ ^~-2.47.020 E=re~ien Purpose and Intent.
T_he City Council created the Boazd Irr-e~eF to relieve the Planning Commission of
certain routine functions necessary to the proper administration of Chapter 19.14, to
intensify this municipality's efforts to improve its townscape, and to promote the orderly
growth and amenity of the City and environs,;~er °^+^~'~^'~°a T'°°'^" ~°"'
,~ ,~ •+i. ,, „+~,„ri+~=_ + a ~ +~-^ °~^~+°" The Design Review Board's
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purpose is to ensure that development within the City of Chula Vista is orderly, of a high
quality, and consistent with City-approved design guidelines.
~~ °.'n-T4.~2.47.030 Functions and Duties, .
zuuvu zvz Yr ~.°.
A. The Design Review Board; ~''' ' `T' + n°a° °' + ~ ~ +~ ~ " ~ c-c
shall review plans for the establishment,
location, expansion or alteration of structures in all multifamily residential zones, all
commercial and industrial zones, and shall approve, conditionally approve or deny such
plans except as to those areas for which the Chula Vista Redevelopment Corporation
performs those functions pursuant to CVMC Chapter 2.55.
B. The responsibility of the Design Review Board shall be limited to the review of site
plans, landscaping, and the exterior design of buildings, for consistency with City-
approved design guidelines. In reviewing a residential project, the ~-Board shall
consider the costs benefits of any recommended improvement as reported by the
applicant.
Cam. The Board shall prepare and adopt operational procedures, bylaws
and business forms.
D_B. The Boazd shall submit annual reports on its operations to the City
Planning Commission.
~8~'' 2-8 4
Attachment 3
' °.'-r,-~T2.47.d40 _Membership-~al~i€rEatiens.
A. The Design Review Board shall consist of five members= to be appointed in
accordance with Article VI, CVMC Chapter 2.25, and this chapter. apg
B. Members~ebe- shall be persons sensitive to design
consideration and interested in townscape matters. Persons qualified for membership
shall include architects, landscape architects, land planners, and other design
professionals with suitable experience.
l~C. All members should be familiar with and able to read and interpret architectural
drawings, and be able to judge the effect of a proposed project, structure or sign upon the
surrounding neighborhood and community.
' ~.'T,-T4:~2.47.050 leg ei~i e-hed~le-e~m.Meeting schedule.
The Design Review Board shall meet on the first and third Mondays of the month at 4:30
p.m. in the Council Chambers, located in Building_1~City HaII) at 276 Fourth Avenue.
The Board may establish regular meeting dates by written resolution and maY change its
regular meeting day, time or location by written resolution in accordance with CVMC
section 2.25.200
SECTION IV. Chula Vista Municipal Code sections 19.14.581, 19.14.582, 19.14.583, are
hereby amended to read as follows:
---. .__
19.14.581 Design Review Board ~Nir
19.14.582 Design Review At~t~roval.
A. - ,
'~'z+cnrc~c~-aac~piiatE3~-TC~E~o=e~@~3~'e~-~~6j~e~F~, .c1 wil rr~.tta^:'. jx.,I?lanS for the
establishment, location, expansion or alteration of structures in all multifamily residential
zones, and all commercial and industrial zones shall require design review by the Design
Review Board or for~rojects within a designated redevelopment project area the Chula
Vista Redevelopment Corporation.
B. The Board shall approve, conditionally approve or deny such plans.
~g.~" 2-8 5
Attachment 3
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n c-i ci j ic,i r=rir, ~n ~o A rcn °c-r~cTr a v vi
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~-_The Design Review Boazd shall base its findings and actions on the design review
provisions of the effected design manuals of the City.
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C.F The Zoning Administrator has the discretion, with the concurrence of the applicant,
to act in the place of the Design Review Board in the case of minor projects, including
new construction or additions to commercial, industrial, or institutional projects with a
total floor area of 20,000 squaze feet or less, and residential projects of 10 units or less.
The Zoning Administrator shall base its findings and actions upon the provisions of the
effected design manuals of the City.
N6}}
19.14.583 Design Review Application and ~Fee~x~].
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~ ° r „
n r r a
A. Ap>7 lications for desi~-n review and modifications thereto shall be made to the
Devel~ ment Services Director in writing on a form p rescribed by the Development
B. The fee for a
~j° 2-86
Attachment 3
SECTION V. Chula Vista Municipal Code section 19.14.84 and 19.14.586 are hereby
repealed.
19.14.584 Repealed. ~-F~e~~4e=n~e ~~ '`~ *~ ~~rrio
b ~ ,
b b
19.14.586 Repealed. ~Niij.
4~4~~
SECTION VI. Chula Vista Municipal Code sections 19.14.587 and 19.14.588 are hereby
amended to read as follows:
19.14.587 Design Review Board -Final Approval Process when Lack of Quorum.
~[DN12t Tl~..r~rr mrrm}~nr~ ~l?.,11 .~~J11~+~+„+v A +' 1, +1~ Tl,~ D ~ ,7
~. µ1a ~ 4µi. µ ~.1 µV1 µL11. Z-S~+GiV1~V
B-If a project is scheduled for a meeting of the Design Review Board for fnal approval,
and a quorum, as defined by CVMC 2.25.240, is not available for the scheduled meeting,
the applicant may choose to have the matter considered by the ~-Desigzn Review
Board at its next meeting, may request a special ~F~-Design Review Board meeting to
consider the matter, or may request that the ~-Design Review Board application be
considered by the Planning Commission (at no additional cost to the applicant) at its next
available meeting {subject to public noticing requirements) for action.
' ~.'~-T4-~8~19.14.588 Design Review - Appeal ~'rocedure~rris~.
A. The applicant or other interested persons may file an appeal from the decision of the
Design Review Boazd~ or Zoning Administrator for minor proiects, to the City Council
within 10 business days after the decision is made. The appeal shall be in writing and
fled with the Development Services Department on forms prescribed for the appeal, and
shall specify therein the argument against the decision of the Design Review Boazd. If an
~.8.8~ 2- 8 7
Attachment 3
appeal is filed within the time limit specified, it automatically stays proceedings in the
matter until a determination is made by the City Council.
B. Upon the hearing of such appeal, the City Council may, by resolution, affum, reverse
or modify, in whole or in part, any determination of the Design Review Board, or Zoning
Administrator for minor projects. The resolution must contain a finding of facts showing.
wherein the project meets or fails to meet the requirements of this chapter and the
provisions of the design review manual.
C. The decision of the City Council is final.
SECTION VII. Chula Vista Municipal Code section 19.14.589 is hereby repealed.
19.14.589 Re Baled. ~ ~ De..e.,° D~~ra ~~ +' r `~ ~
A + +l. a ~,.~+ ,- , <l .,,.1 <, ~ mil, o ~ee6~-tli~l~@Si~}-~ce~oziei~'~ ^v£s'cr, arr~--ei~2itE~`
SECTION VIII. Chula Vista Municipal Code Section 2.16.060 is hereby repealed.
2.16.060 Repealed. rrisl:
s~e~=e~pe~s~~rrt9p ewe der-tke-see-Ehe~~
SECTION IX. Chapter 2.41.1 is hereby added to the Municipal Code, to read as follows:
Chapter 2.41.1
PARKS AND RECREATION COMMISSION
Sections:
2.41.1.OI0 Creation.
2.41:1.020 Purpose and intent.
2.41.1.030 Functions and duties.
2.41.1.040 Membership.
2.41.1.050 Meeting schedule.
~g'~ 2-8 8
Attachment 3
2.41. i .010 Creation.
The Parks and Recreation Commission is created by City Charter section 611 The
Provisions of Article VI of the City Charter, the general rules ~overnin~ boards and
commissions set forth in CVMC Chapter 2.25 and the provisions of this chapter shall
govern the Parks and Recreation Commission.
2.41.1.020 Purpose and intent.
The pumose of this chapter is to supplement City Charter Section 611 establishing the
Pazks and Recreation Commission and setting forth its powers and duties. If there is any
conflict between this chapter and the Charter, the Charter shall overn.
2.41.1.030 Functions and duties.
The Parks and Recreation Commission shall have the power and duty to:
A. Act in an advisory capacity to the City Council in all matters pertaining to parks
recreation and playgrounds.
B. Consider the annual budget for parks and recreation purposes during the process
of its preparation and make recommendations regazdin~ the budget to the Cites Council
and the City Mana er.
C. Assist in the planning of a recreation program for the inhabitants of 'the City
promote and stimulate public iriterest in a recreation program and, to that end, solicit to
the fullest extent possible the cooperation of school authorities and other public and
private agencies interested in a recreation,program.
2.41.1.040 Membership.
A. The Parks and Recreation Commission shall consist of seven members appointed
by the City Council from the registered voters of the City: The City Council may change
the number of members comprising the Commission by_ordinance.
B. In the event the City Council contracts with other a~~encies interested in recreation
and parks for ioint exercise of any functions, the contract may_provide that the other
agencies may have representation on the Commission during the term of the contract.
2.41.1.050 Meeting„schedule.
The Parks and Recreation Commission shall hold regular meetings on the third Thursday
of the month at 6:30 p.m., in Conference Room 129, in Buildin 3g 00 .(Public Services
located in the Civic Center at 276 Fourth Avenue. The Board may chance its regular
meeting day time or location by written resolution in accordance with CVMC Section
2.25.200.
SECTION X. This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
~~ 2-89
Submitted by
Donna R. Noms
City Clerk
Approved by
Glen R. Goggins
City Attorney
Attachment 3
~~ 2-90
Attachment 4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.25, GENERAL RULES FOR
BOARDS AND COMMISSIONS
WHEREAS, the City Clerk's Department provides support for boards and
commissions by receiving applications, collecting attendance and activity reports, and
providing assistance to members and staff on meeting protocol, agenda and noticing
requirements, and operational rules and regulations; and
WHEREAS, in 2008, the City Council adopted Ordinance 3111 adding Municipal
Code Chapter 2.25, General Rules for City's Boards and Commissions; and
WHEREAS, at its meeting of October 11, 2011, the City Council directed the
City Clerk to bring specific amendments to Municipal Code Section 2.25 for its
consideration.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I. Chapter 2.25 is hereby amended to read as follows:
Chapter 2.25
GENERAL RULES FOR BOARDS AND COMMISSIONS
Sections:
2.25.010 Applicability.
2.25.020 Definitions.
2.25.030 Membership -Qualifications and eligibility as voting member.
2.25.040 Membership -Qualifications and eligibility as ex-officio member.
2.25.050 Membership -Applications -Interview, nomination and appointment
process.
2.25.060 Membership -Oath of office -Effective date of taking office.
2.25.070 Membership -Terms -Initial terms for new boards and commissions.
2.25.080 Membership -Terms -Standard term of office -Holdover office.
2.25.090 Membership -Terms -Two-consecutive-term limit for voting members -
Exceptions.
2.25.100 Membership -Terms -Filling unexpired terms.
2.25.110 Attendance requirements -Excused absences -Removal for cause.
2.25.120 Attendance reports required annually.
2.25.130 Code of ethics.
2.25.140 Compensation and expenses -Use of business cards.
2.25.150 Conflicts of interest - Recusal from discussion and voting.
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Attachment 4
2.25.160 Mandatory training sessions. -
2.25.170 Operations -Bylaws may be adopted.
2.25.180 Operations -Election of chair and vice chair.
2.25.190 Operations -Duties of chair, vice chair and chair pro tem.
2.25.200 Operations -Regular meetings required -Special meetings allowed -
Time and location to be established by resolution -Brown Act
requirements.
2.25.210 Operations -Agenda preparation, posting, and availability.
2.25.220 Operations -Meeting cancellation -Notice required.
2.25.230 Operations -Minutes required -Form and content -Retention of
recordings.
2.25.240 Operations -Quorum and voting requirements.
2.25.250 Operations -Appointment of subcommittees.
2.25.260 Operations -Staff support.
2.25.270 Operations -Gifts, grants and contracts -Council approval required.
2.25.280 Operations -Annual activity report required -Other reports and
recommendations -Individual communications by members.
2.25.290 Vacancies -Written notification from chair required.
2.25.300 Vacancies -Posting required.
2.25.010 Applicability.
Unless otherwise specially stated in this chapter or in the ordinance creating the particular
board or commission, this chapter applies to all boards and commissions, whether created
by City Charter, ordinance, state or other law. If there is a conflict between the Charter
and the Municipal Code, Charter provisions shall prevail. (Ord. 3111 § 1, 2008).
2.25.020 Definitions.
For purposes of this chapter, the following words are defined:
A. "Abandonment" means the intentional relinquishment of voting membership on a
board or commission without a formal resignation having been submitted to the City.
B. "Boards and commissions" include: (1) Boards and commissions established by the
Chula Vista Charter: Board of Library Trustees, Civil Service Commission, Parks and
Recreation Commission, and Planning Commission; and (2) boards and commissions
established by the City Council: Access Appeals Board, Board of Appeals and Advisors,
Board of Ethics, Charter Review Commission, Child Care Commission, Commission on
Aging, Cultural Arts Commission, Design Review Board, Economic Development
Commission, Growth Management Oversight Commission, Housing Advisory
Commission, Human Relations Commission, International Friendship Commission,
Mobilehome Rent Review Commission, Nature Center Board of Trustees, Resource
2-92
Attachment 4
Conservation Commission, Traffic Safety Commission, Veterans Advisory Commission,
and other boards or commissions subsequently created by City Charter or ordinance.
C. "Brown Act" means the Ralph M. Brown Act, Government Code Section 54950 et
seq., commonly referred to as the Brown Act or the California Open Meeting Law.
D. "Cause" includes:
1. Conviction of a felony or crime involving moral turpitude;
2. Absence from three regular, consecutive meetings of the board or commission,
unless excused by majority vote of its members, as expressed in its official minutes;
3. Absence from more than 50 percent of the regularly scheduled meetings of the
board or commission in one calendar year, whether or not excused by a majority
vote of its members;
4. Abandonment;
5. Failure to attend training sessions mandated by the City; er
6. Violation of any City policies or City, state or federal regulations that are the
subject of mandatory training sessions; or
7. Violation of the Citv's Code of Ethics.
E. "Entire voting membership" or "entire membership" means those individuals who
have been appointed to, have been sworn in to serve on, have not been removed from,
have not vacated their seat on, and who are eligible and entitled to vote as members of a
board or commission. It does not include ex-officio members and does not include seats
specified in the ordinance creating the board or commission but are not filled. The City
Council intends that this definition clarify the term "entire membership" as used in
Section 603 of the City Charter.
F. "Ex-officio members" means the individuals who are appointed by the City Council to
serve in an advisory capacity on a board or commission, but who are not entitled to vote
or to make motions. "Ex-officio members" do not include City staff who provide
information to or sit with a board or commission.
G. "Member" means an individual who has been appointed to, has been sworn in to serve
on, has not been removed from, and who has not vacated his or her seat on a board or
commission. "Members" includes voting members and ex-officio members.
2-93
Attachment 4
H. "Registered voter" means an individual who is registered to vote in City of Chula
Vista elections.
I. "Resignation" means a formal renouncement or relinquishment of voting membership
on a board or commission.
J. "Vacancy" or "event of vacancy" means any of the following events:
1. Expiration of a member's term of office;
2. The death of a member;
3. A member has been removed for cause by three affirmative votes of the City
Council;
4. The disability of a member that renders the member incapable of performing the
duties of his or her office;
5. A member's conviction of a felony or crime involving moral turpitude;
6. A member's abandonment of office;
7. A member's absence from three regular, consecutive meetings of the board or
commission, unless excused by majority vote of the members and expressed in its
official minutes;
8. A member's absence from 50 percent of the regularly scheduled meetings in one
calendar year, whether or not excused by majority vote of the board or commission;
9. A member has submitted a resignation that has been accepted by the City
Council;
10. A member ceases to be a registered voter of the City when that criterion is
required for membership on a board or commission;
11. A member loses the status or classification that qualified the individual to
become a member of a particular board or commission; or
12. A member becomes a salaried officer or employee of the City.
K. "Voting member" means an individual appointed by the City Council who is entitled
to vote and make motions in his or her capacity as a member of a board or commission.
(Ord. 3111 § 1, 2008).
2.25.030 Membership -Qualifications and eligibility as voting member.
2-94
Attachment 4
This section implements City Charter Section 602(d) and policies consistent with other
portions of the Charter pertaining to qualifications for voting membership and eligibility
to serve on boards and commissions.
A. Except as provided in subsection (B) of this section, voting members of boards and
commissions shall be registered to vote in City of Chula Vista elections.
B. Voting members of boards and commissions who are advisory only and whose duties
involve regional issues are not required to be registered to vote in City of Chula Vista
elections; however, the appointment of individuals who are not registered voters must be
approved by four affirmative votes of the City Council.
C. An individual is eligible to serve on ~ to two " City Council-established
boarder or commissioner at a time.-In accordance with Chula Vista Charter Section.
60? no person may be pointed nor shall serve on more than one of the Charter-created
boards or commissions simultaneously.
D. A salaried officer or employee of the City is not eligible to be appointed to a board or
commission. (Ord. 3111 § 1, 2008).
2.25.040 Membership -Qualifications and eligibility as ex-officio member.
The City Council may appoint ex-officio members to any board or commission because
of particular background or experience that the City Council deems will assist a particular
board or commission in handling a discrete set of issues. Ex-officio members are net
required to be registered voters and-are ns-t-subject to term limits as described in
2.25.080, 2.25.090, and 2.25.100. Ex-officio members ; -and are not entitled to vote or to
make motions. (Ord. 3111 § 1, 2008).
2.25.050 Membership -Applications -Interview, nomination and appointment process.
A. The City Clerk shall maintain applications for prospective membership on boards and
commissions. The application shall provide a place for an individual to state the reasons
he or she seeks appointment to a particular board or commission and his or her
qualifications for service on a particular board or commission.
B. An individual who has submitted an application for appointment as a voting or ex-
officio member of any board or commission may be interviewed as part of the
nomination and selection process.
C. When a vacancy occurs on a board or commission, the City Clerk shall forward
applications received for the vacant position to the Mayor, who shall review the
forwarded applications, select applicants to be interviewed, interview selected applicants,
and make nominations for appointment, subject to the City Council's approval, for all
boards and commissions except for the .Board of Librarv Trustees. Board of Ethics, Civil
2-95
Attachment 4
Service Commission, Design Review Board, Growth Management Over-sight
Commission, Mobilehome Rent Review Commission, Planning Commission, and-Parks
and Recreation Commission, and Resource Consewation Commission.
D. The Mayor shall forward applications for membership on the Board of
Ethics to a panel consisting of at least two city managers from cities in San Diego
County, excluding Chula Vista. The panel shall review the applications, interview
applicants, and make a recommendation to the City Council for appointment.
E. The Mayor and each Councilmember shall independently review forwarded
applications for positions on the Board of Library Trustees, Desi an Review Board,
Growth Management Oversight Commission, Planning Commission, Parks and
Recreation Commission, and Resource Conservation Commission and notify the City
Clerk in writing of one or more applicants each wishes to nominate for an interview. The
City Clerk shall tally the nominations. The Mayor and City Council shall set a time
collectively to interview each applicant receiving two or more nominations. Following
interviews, the Mayor and City Council shall select one individual for each available
position.
F. The nomination and appointment process for the Civil Service Commission shall be
conducted in accordance with Charter Section 609 and CVMC 2.43.050*.
G. The nomination and appointment process for the Mobilehome Rent Review
Commission shall be conducted in accordance with Chapter 2.31 CVMC and this
subsection.
1. The Mayor shall review applications for all ex-officio members and one voting
member, select applicants to be interviewed for those positions, interview selected
applicants, make nominations for appointment subject to the City Council's
approval, and schedule a vote on the nominations on the next available Council
meeting's agenda.
2. The four remaining voting positions are tied to a particular Council seat. When a
vacancy occurs in one of the four positions, the City Clerk shall forward
applications to the Councilmember filling the corresponding Council seat. The
Councilmember shall review the applications, select applicants to be interviewed,
and interview selected applicants. The Councilmember shall then nominate an
applicant for appointment to the available position and request that the nomination
be scheduled for vote on the next available Council meeting's agenda.
H. Members of each board and commission shall be appointed by at least three
affirmative votes of the City Council. (Ord. 3111 § 1, 2008).
2-96
Attachment 4
* Code reviser's note: CVMC 2.43.050 has not been adopted yet. See Chula Vista
Charter Section 609.
2.25.060 Membership -Oath of office -Effective date of taking office.
The City Clerk or his or her designee shall administer the oath of office to newly
appointed voting and ex-officio members. Newly appointed voting members must take
the oath of office before they may vote as a member of the board or commission to which
they have been appointed. Voting members assume their office on the date they take the
oath of office. (Ord. 3111 § 1, 2008).
2.25.070 Membership -Terms -Initial terms for new boards and commissions.
Initial terms of office for newly established boards or commissions shall be determined in
accordance with City Charter Section 602(b). (Ord. 3111 § 1, 2008).
2.25.080 Membership -Terms -Standard term of office -Holdover office.
A. The standard term of office for board and commission members is four years. The
standard term begins July 1st and ends June 30th four years later.
B. At the end of any voting member's term, he or she shall be permitted to continue to
exercise the privileges of his or her former office until the office is filled by the
appointment of a qualified successor. (Ord. 3111 § 1, 2008).
2.25.090 Membership -Terms -Two-consecutive-term limit for voting members -
Exceptions.
A. Members ~~ ~° ~ ~f°a +^ .,., ° +'^^~ ^ ° rn,,,. ~=°"''° ~; vut are limited to serving
as voting members for a maximum of two consecutive terms, except as provided in
CVMC 2.25.100(C}.
B. An individual who has served two consecutive terms as a voting member may be
reappointed to the same board or commission after an interval of two years has passed.
(Ord. 3111 § 1, 2008}.
2.25.100 Membership -Terms -Filling unexpired terms.
A. If a vacancy on any board or commission occurs prior to the expiration of a term of
office for a voting member, any appointment to fill the vacancy shall be for the remaining
unexpired term of office.
B. A voting member who currently sits on a particular board or commission may not be
appointed to fill the unexpired term of another voting member's vacated seat on that same
board or commission. An individual who currently sits as an ex-officio member of a
board or commission may be appointed to fill the unexpired term of a voting member's
vacated seat on the same board or commission if the ex-officio member meets the
2-97
Attachment 4
eligibility criteria for voting membership. The appointment process shall be the same as
provided for in CVMC 2.25.050.
C. An unexpired term with fewer than two years remaining is not considered a "term" for
purposes of the two-consecutive-term limit set forth in CVMC 2.25.090. Therefore, an
individual appointed to fill an unexpired term of less than two years may subsequently be
appointed to two full terms.
D. An unexpired term of two years or more is considered a "term" for purposes of the
two-consecutive-term limit set forth in CVMC 2.25.090. Therefore, an individual
appointed to fill an unexpired term of two years or more may subsequently be appointed
to only one additional, consecutive term.
E. For purposes of determining whether the unexpired term of a vacated seat is less than,
more than, or equals two years, the starting date of the unexpired term shall be the date
the new appointee takes the oath of office, and the end date. of the unexpired term shall be
the expiration date of the vacating member's term of office. (Ord. 3111 § 1, 2008).
2.25.110 Attendance requirements -Excused absences -Removal for cause.
A. The City Council relies on advice of the City's boards and commissions that grows
from discussions among appointed members. The City Council anticipates that members
appointed to the City's boards and commissions will make every reasonable effort to
attend all regular meetings of their respective boards or commissions, to attend special
meetings, and to be prepared to discuss matters on their respective agendas.
B. The City Charter requires that any board or commission member who is absent from
three consecutive, regular meetings will be deemed to have vacated his or her
membership on the particular board or commission, unless his or her absence is excused
by a majority vote of the other members, as reflected in the official minutes of the board
or commission.
C. Board and commission members, by a majority vote, may excuse a fellow board or
commission member's absence from meetings for any of the following reasons:
1. Illness of the member, family member of the member, or personal friend of the
member;
2. Business commitment of the member that interferes with the attendance of the
member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to
the respective board or commission in advance of the meeting;
2-98
Attachment 4
4. Attendance of the member at a funeral, religious service or ceremony, wedding,
or other similarly significant event; or
5. Other reason for which the member has given notice to the chair or secretary of
his or her unavailability 15 days in advance, as long as the unavailability is not
expected to last for longer than 30 days.
D. Members shall vote on excusing a member's absence from a regular meeting. The vote
shall be reflected in the official minutes for the meeting at which the vote was taken.
E. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor the
attendance records of board and commission members submitted by board and
commission chairs pursuant to CVMC 2.25.290. The subcommittee may make
recommendations to the full Council for a vote on the removal of a member for cause. A
voting or ex-officio member may be removed for cause by three affirmative votes of the
City Council. (Ord. 3111 § 1, 2008).
2.25.120 Attendance reports required annually.
The secretary for each board and commission shall prepare an annual written report of
attendance, noting the percentage of absences of members for the preceding fiscal year.
The report shall be delivered to the City Clerk no later than June 30th of each year. The
City Clerk shall forward the report to the Mayor and City Councilmembers, who may use
this information in considering reappointment to second terms. (Ord. 3111 § 1, 2008).
2.25.130 Code of ethics.
Voting and ex-officio members of boards and commissions are public officials and,
therefore, act as agents for the public's purpose and hold office for the public's benefit.
As public officials, they are bound to uphold the law, observe in their official acts a high
standard of morality and discharge faithfully the duties of their office, recognizing that
the public interest must be a primary concern. Members of boards and commissions are
expected to conform to the City's code of ethics, found in Chapter 2.01 * CVMC. If a
board or commission member is in doubt about whether the code of ethics applies to a
particular situation, the member may request in writing an advisory opinion from the
Board of Ethics. (Ord. 3111 § 1, 2008).
* Code reviser's note: Chapter 2.01 CVMC has not been adopted yet. See Chapter 2.28
CVMC.
2.25.140 Compensation and expenses -Use of business cards.
A. Members of boards and commissions shall serve without compensation for their
services.
2-99
Attachment 4
B. Members of boards and commissions may receive reimbursement for necessary travel
and other expenses incurred on official duty to the extent that appropriations for such
expenses have been provided by the City Council in approving the board or
commission's budget.
C. Members of boards and commissions are authorized to use business cards showing
their affiliation with their particular board or commission only if:
1. Business cards are used in relation to the duties and functions of the particular
board or commission;
2. City funds are used to pay for the business cards; and
3. Appropriations for such expenses have been provided by the City Council in
approving the budget for the particular board or commission. (Ord. 3111 § 1, 2008).
2.25.150 Conflicts of interest - Recusal from discussion and voting.
A. Voting and ex-officio members of certain boards and commissions may be required to
file statements of economic interest as determined in the City's conflict of interest code.
The City Clerk will notify members who are required to file the statements.
B. The state's Political Reform Act and the City's conflict of interest code state that no
person shall make or participate in the making of a governmental decision that he or she
knows, or has reason to know, will have a reasonably foreseeable material financial effect
on him or her distinguishable from its effect on the public generally. The Political
Reform Act and implementing regulations require a public official diligently to monitor
his or her business interests, real property, sources of income, gifts, and personal finances
to ensure that he or she does not participate in an action in which he or she has a conflict
of interest.
C. When a member has a conflict of interest, or the appearance of a conflict of interest, he
or she must publicly state the nature of the conflict. Unless the item is on the consent
calendar, the member must step down from the dais or table and leave the room until
consideration of the particular item is finished. Additionally, the disqualified member
may not be counted toward achieving a quorum while the item is being discussed. A
member may consult the .City Attorney if he or she has a question about whether or not a
conflict exists and whether or not he or she should disqualify himself or herself from
discussing or voting on an issue. (Ord. 3111 § 1, 2008).
2.25.160 Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions on
ethics laws as specified in California Government Code Section 53234. Board and
commission members shall participate in mandatory training sessions in the first year of
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Attachment 4
appointment to their particular board or commission, and at least once every two years
thereafter. The City Attorney or his or her designee will provide sufficient opportunities
to board and commission members to allow them to fulfill this requirement. The City
Attorney or his or her designee shall monitor members' attendance at mandatory training
sessions within the required time period. The City Attorney or his or her designee shall
notify the City Clerk, who shall notify the Mayor, if a member fails to attend mandatory
training sessions within the required time period.
B. Board and commission members may be required to attend periodic additional training
sessions on the City's code of ethics, Brown Act requirements, sexual harassment laws
and policies, and other laws or City policies as may be determined.
C. The secretary of each board or commission shall be responsible for notifying members
in writing of dates, times and locations of training sessions.
D. The failure of a board or commission member to attend a mandatory training session
may be considered cause for removal from the particular board or commission to which
he or she has been appointed. (Ord. 3111 § 1, 2008).
2.25.170 Operations -Bylaws may be adopted.
Boards and commissions may adopt bylaws governing the internal conduct of their
affairs. The bylaws must be consistent with the City Charter, the municipal code, and
applicable state law and shall include the method for their amendment. The original
bylaws and any amendments to the bylaws shall be delivered to the City Clerk for
preservation. (Ord. 3111 § 1, 2008).
2.25.180 Operations -Election of chair and vice chair.
At the first regular board or commission meeting following July 1st of every year, or as
soon as practicable thereafter, each board or commission shall elect a chair from among
its voting members. Each board and commission may also elect a vice chair from among
its voting members. The chair and any vice chair thus selected shall serve for a period of
one year. The secretary shall notify the City Clerk whenever there is a change in chair or
vice chair. (Ord. 3111 § 1, 2008).
2.25.190 Operations -Duties of chair, vice chair and chair pro tem.
The chair shall serve as presiding officer at meetings. In the absence of the chair, the vice
chair, if any, shall serve as presiding officer. In the absence of the chair and the vice
chair, if any, the secretary shall call the meeting to order, and the voting members shall
select a chair pro tem from any of the board or commission's voting members for
purposes of conducting business at that meeting. (Ord. 3111 § 1, 2008).
2.25.200 Operations -Regular meetings required -Special meetings allowed -Time and
location to be established by resolution -Brown Act requirements.
2-101
Attachment 4
A. As required by the City Charter, boards and commissions shall hold regular meetings.
Except as otherwise stated in this section, each board or commission shall hold its regular
meetings at least monthly. Each board or commission shall establish the day, time and
location for its regular meetings by written resolution. A board or commission may
change its regular meeting day, time or location only by a written resolution.
1. The Access Appeals Board shall meet on an as-needed basis, as determined by
the filing of disabled access complaints, but shall hold no more than one meeting
each month at a time designated by the chair, or at 4:00 p.m. on the second Monday
of each month, immediately prior to the meeting of the Board of Appeals and
Advisors.
2. The Board of Ethics shall hold meetings at the call of the chair or a majority of
its members. The Board shall hold at least one meeting annually.
3. The Charter Review Commission shall hold at least one regular meeting
annually. Additionally, during years when regularly scheduled general municipal
elections are held, the commission shall meet no later than the first Wednesday of
the seventh month preceding the next regularly scheduled general municipal
election. By written resolution, the commission may establish other regular meeting
times.
4. The Growth Management Oversight Commission shall hold meetings at the call
of the chair and shall meet no later than the first week of January of each year. By
written resolution, the commission may establish other regular meeting times.
--- ~ "~
B. In addition to regular meetings, boards and commissions are authorized to call and
hold any special meetings they deem necessary, as long as the meetings are properly
noticed. No written resolution is required to call a special meeting.
C. As a general rule, boards and commissions shall hold their regular and special
meetings at a City facility. Boards and commissions may hold their meetings from time
to time in other locations within the City, as long as meetings are properly noticed.
D. All board and commission meetings shall be noticed and held in accordance with the
requirements of the Brown Act. (Ord. 3111 § 1, 2008).
2.25.210 Operations -Agenda preparation, posting, and availability.
A. Agendas must be prepared for all meetings in accordance with Brown Act
requirements. Items may be placed on the agenda by the chair, by majority vote of the
2-102
Attachment 4
members, or by City staff. The secretary for each board or commission shall prepare
meeting agendas in consultation with the chair. The secretary shall forward the agenda
and supporting documents and materials to members in sufficient time in advance of a
meeting to allow them to review the materials prior to the meeting. Agendas and
supporting documents shall be made available to the public at the same time they are
provided to the board or commission.
B. The board or commission secretary shall post agendas for regular meetings at least 72
hours prior to the meeting in a place visible and accessible to the public 24 hours each
day. The secretary shall post agendas for special meetings at least 24 hours prior to the
meeting in a place visible and accessible to the public 24 hours each day.
C. The board or commission secretary shall forward agendas to the Mayor, City Council,
City staff designated to assist a particular board or commission, and individuals who have
submitted a written request for meeting information, at least 72 hours in advance of
regular meetings and at least 24 hours in advance of special meetings. Agendas shall be
made available to the public at least 72 hours in advance of regular meetings, and at least
24 hours in advance of special meetings, and at all meetings.
D. The agenda for each board or commission meeting shall provide time for the public to
comment on each item on the agenda. The agenda shall also include a section for public
comments on matters not listed on the agenda but within the jurisdiction of the particular
board or commission. (Ord. 3111 § 1, 2008).
2.25.220 Operations -Meeting cancellation -Notice required.
A. A meeting may be cancelled because of a lack of a quorum of voting members or the
lack of agenda items.
B. If the board or commission secretary has advance notice that a meeting will not be
held, the secretary shall post a notice of cancellation in lieu of posting or mailing an
agenda for the meeting.
C. If a quorum of voting members cannot be assembled on the date and at the time a
meeting is scheduled to be held, the secretary shall declare the meeting cancelled and
post a notice of cancellation of the meeting on the door of the room where the meeting
was to be held. (Ord. 3111 § 1, 2008).
2.25.230 Operations -Minutes required -Form and content -Retention of recordings.
A. The board or commission secretary shall prepare minutes for all meetings. The
secretary shall present the minutes at a subsequent meeting for approval by the board or
commission members. The secretary shall transmit the original minutes to the City Clerk
for permanent preservation immediately after the board or commission has approved the
2-103
Attachment 4
minutes. The secretary shall transmit copies of minutes of all meetings to the City
Council within 10 days of approval.
B. Minutes shall contain a record of each particular type of business transacted, set off in
paragraphs with proper subheadings. The secretary shall be required to make a record
only of the business actually passed upon by a vote of the board or commission members
and shall not be required to make a verbatim transcript of the proceedings. A record shall
be made of the name and city of residence of persons addressing the board or
commission, the title of the subject to which their remarks related, and whether they
spoke in support of or in opposition to the matter.
C. The board or commission secretary shall retain recordings of meetings, if any are
made, only for the purpose of accurately preparing minutes. When the board or
commission formally approves the minutes of a particular meeting, the secretary shall
cause the recording for that meeting to be erased without further Council authorization;
except that recordings for a meeting involving a public hearing shall be kept for one year
from the date of the public hearing. The secretary shall cause the tapes for that meeting to
be erased without further Council authorization. (Ord. 3111 § 1, 2008).
2.25.240 Operations -Quorum and voting requirements.
Unless otherwise required by state law or this chapter, the affirmative vote of a majority
of the entire voting membership of any board or commission shall be necessary for it to
take any action except to adjourn. This provision is intended to meet the requirements of
City Charter Section 603. (Ord. 3111 § 1, 2008).
2.25.250 Operations -Appointment of subcommittees.
A. Boards and commissions may appoint subcommittees that they deem appropriate to
provide advice on any matter within the jurisdiction of the particular board or
commission.
B. Subcommittees may be composed of board or commission members, as well as other
residents appointed by the particular board or commission. The chair of any
subcommittee shall be a voting member of the board or commission that established the
subcommittee.
C. Subcommittees may be standing committees or ad hoc committees.
D. Brown Act requirements pertaining to notices of meetings, agendas and public
comments shall apply to meetings of any .standing subcommittee of whatever
composition, and to any subcommittee that is composed of a quorum of members of the
board or commission. Subcommittees may not hold closed sessions.
2-104
Attachment 4
E. The role of any subcommittee is to provide expertise and advice to board and
commission members only. Subcommittee members do not advise the City Council
directly. Subcommittee members do not represent the City. Subcommittee members
should make every effort to ensure that recommendations and advice are directed to the
board or commission that established the subcommittee. Subcommittee members may not
speak on behalf of the board or commission without prior approval of a majority of the
members of the board or commission. (Ord. 3111 § 1, 2008).
2.25.260 Operations -Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to
serve as secretary to each board and commission. In addition to other duties specified in
this chapter, the secretary is responsible for finalizing resolutions and performing other
administrative duties, as necessary.
B. Pursuant to City Charter Section 605, the services of the Director of Public Works, the
City Attorney, and the Director of Building and Housing (now known as the Director of
Planning and Building) shall be made available to the Planning Commission.
C. The City Manager may make available other staff and clerical support as requested by
aboard or commission to fulfill its functions and duties, provided such staff and clerical
support are available.
D. Staff persons assigned to assist boards and commissions shall not be considered voting
or ex-officio members of those boards and commissions. (Ord. 3111 § 1, 2008).
2.25.270 Operations -Gifts, grants and contracts -Council approval required.
A board or commission may not accept gifts or grants from any source absent approval
from the City Council. A board or commission may not commit or attempt to commit the
City to any contract or other agreement without first obtaining authority from the City
Council to do so. (Ord. 3111 § 1, 2008}.
2.25.280 Operations -Annual activity report required -Other reports and
recommendations -Individual communications by members.
A. By July 1st of every year, each board and commission shall prepare and submit to the
City Clerk a written report of its activities. The City Clerk shall forward copies of each
report to the City Council. The annual report shall also contain other specific information
or findings required by the ordinance creating a particular board or commission.
B. In addition to the annual report, a board or commission may make other reports to the
City Council, either orally or in writing, at a public session of the City Council. Minority
reports, if any, shall be submitted in writing concurrent with the majority reports.
2-105
Attachment 4
C. Boards and commissions shall forward proposals, suggestions, or recommendations to
the City Council after formal board or commission action has been taken, within 10
working days of the meeting at which the action was taken. Board and commission policy
positions should be formulated and stated in such a way as to ensure understanding by the
public that the stated positions are not the official policy of the City until recommended
to, and adopted by, the City Council.
D. Individual board or commission members may speak on behalf of their respective
board or commission only after a vote of the particular board or commission. Individual
members making recommendations or expressing views that have not been officially
voted on by a majority of the body shall indicate that they are expressing themselves as
private citizens, not as representatives of their respective board or commission. (Ord.
3111 § 1, 2008).
2.25.290 Vacancies -Written notification from chair required.
A. The chair of each board or commission shall notify the City Clerk in writing, or cause
the City Clerk to be notified in writing, if a voting member appears to have abandoned
his or her office on the board or commission; if a voting member misses three regular,
consecutive meetings of the board or commission without being excused by a majority
vote of the board or commission as expressed in its official minutes; or if a voting or ex-
officio member misses more than 50 percent of the board or commission's regularly
scheduled meetings in one calendar year, whether or not excused by the other members.
B. The City Clerk shall notify the Mayor in writing of reported abandonment or missed
meetings, or when a member has failed to attend mandatory training sessions.
2.25.300 Vacancies -Posting required.
A. In accordance with the Maddy Act, Government Code Section 54970, et seq.,. on or
before December 31st of each year, or as soon as practicable thereafter, the City Clerk
shall post a notice of vacancies that are anticipated to occur during the ensuing calendar
year due to the expiration of voting members' terms of office.
B. If an unexpected vacancy occurs for a reason set forth in CVMC 2.25.020 under the
definition of the term "vacancy," the City Clerk shall post a notice of vacancy and notify
the City Council so that action can be taken to fill the vacancy.
SECTION II: This ordinance shall take effect and be in full force thirty days from its
adoption.
Submitted by
Donna R. Norris, City Clerk
Approved by
Glen Googins, City Attorney
2-106
ORDINANCE NO
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS CHAPTERS OF TITLE 2 OF THE CHULA VISTA
MUNICIPAL CODE, RELATED TO THE CITY'S BOARDS
AND COMMISSIONS
WHEREAS, the City Clerk's Department provides support for boards and commissions
by receiving applications, collecting attendance and activity reports; and providing assistance to
members and staff on meeting protocol, agenda and noticing requirements, and operational rules
and regulations; and
WHEREAS, prior to March 2008, the rules and regulations governing boards and
commissions were contained in the Municipal Code, City Charter, Council Policies, and City
Council minutes; and
WHEREAS, because of the varied locations and inconsistencies between the various
regulatory documents, it was difficult for staff, the public, and the volunteer appointees to the
boards and commissions to find the appropriate regulation{s). These inconsistencies resulted in
inefficiencies and a waste of resources in the administration of boards and commissions; and
WHEREAS, in 2005, the City Clerk, in conjunction with the City Attorney's office and a
legislative consultant embarked on a project to consolidate all the rules that govern the City's
boards and commissions; and
WHEREAS, in 2008, by ordinance, the City Council adopted general nzles to govern all
the City's boards and commissions, thereby eliminating the need for these provisions for
individual boards and commissions in the Municipal Code; and
WHEREAS, in 2008, by resolution, the City Council rescinded the Council Policies that
were duplicative; and
WHEREAS, the City Clerk proposes to retain the substantive functions, duties, and
responsibilities of each board and commission and remove provisions that are redundant or
inconsistent with the general rules in CMVC Chapter 2.25.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I. Chapter 2.26 is hereby amended to read as follows:
Chapter 2.26
BOARD OF APPEALS AND ADVISORS*
Sections:
2.26.010 Creation.
2.26.020 Purpose and intent.
2.26.030 Functions and duties.
2.26.040 Membership.
2.26.050 Meeting Schedule.
~~' 2- ~ o ~
Ordinance No.
Page 2
* For state law adopting building codes and other codes to apply as -housing construction
regulations throughout the state, see Health & Safety Code § 17922; for Charter provisions
regarding appointive boards and commissions, see City Charter § § 600 - 606.
2.26.010 Creation.
There is hereby created a Board of Appeals and Advisors. The provisions of Article VI of the
City Charter, CVMC Chapter 2.25 and this chapter shall govern this Board.
2.26.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Board of Appeals and Advisors
to create an advisory body to serve as a resource to advise and make reconunendatians to the
City Council, the City Manager, the Building Official and the Fire Chief on matters relating to
building construction; and to act as an alternative administrative appellate review body for
persons affected by decisions of those officers to abate public nuisances arising out of
application of Uniform Codes.
2.26.030 Functions and duties.
The function and duties of the Board of Appeals and Advisors shall be as follows:
A. Create a forum for City-wide discussions, research, and analysis of critical issues of building
construction, including plumbing, mechanical and electrical installations.
B. Where authorized by a Uniform Code adopted by the City to do so, investigate and advise as
to the suitability of alternate materials, types of construction, and interpretation of that
adopted Uniform Code.
C. Conduct public hearings and recommend to the City Council the passage of new legislation
pertaining to the design and construction of buildings.
D. Act as an administrative appellate body, as an alternative to the hearing examiner specified
under CVMC section 1.20, at the option of the City Manager, to hear appeals relating to
determinations by the City Manager, Code Enforcement Officer, Fire Chief or Building
Official, pursuant to City-adopted Uniform Codes, that conditions or circumstances are
public nuisances and should be abated. Such codes include, but are not limited to, the
Uniform Building, Uniform Mechanical, Uniform Fire, Uniform Housing, Uniform
Plumbing and National Electrical Codes as adopted from time to time by the City Council.
Hearings of the Board shall be conducted in accordance with the procedures set forth in such
Uniform Codes and particularly the Uniform Code for the Abatement of Dangerous
Buildings or the provisions of CVMC Chapters 1.30 and 1.40. The decision of the Board
shall be final.
2.26.040 Membership. The Board of Appeals and Advisors shall consist of seven voting
members, to be appointed in accordance with Article VI of the City Charter and CVMC
Chapter 2.25.
.._
Ordinance No.
Page 3
2.26.050 Meeting Schedule.
The Board shall hold regulaz meetings on the second Monday of each month at 5:15 p.m., in
Conference Room 137, located in Building 200 (Development Services) in the Civic Center, at
276 Fourth Avenue, Chula Vista. The board may change its regular meeting day, time or
location by written resolution in accordance with CVMC 2.25.200.
SECTION II. That Chapter 2.27 is hereby amended to read as follows:
Chapter- 2.27
ACCESS APPEALS BOARD
Sections:
2.27.010 Creation.
2.27.020 Definitions.
2.27.030 Designation of Building Official
2.27.040 Purpose and intent.
2.27.050 Functions and duties.
2.27.060 Membership.
2.27.070 Meeting schedule.
2.27.010 Creation.
There is hereby created an Access Appeals Boazd. The provisions of Article VI of the City
Charter, CVMC Chapter 2.25 and this chapter shall govern this Board.
2.27.020 Definitions.
The term "disabled" is defined in a manner identical with the definition found in the federal
Americans with Disabilities Act.
2.27.030 Designation of Building Official
Building Official shall be designated by the City Manager.
2.27.040 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Access Appeals Board to
create a body to conduct hearings on written appeals brought by any person regarding actions
taken by the Building Division of the City, as -in enforcing the requirements of California Health
and Safety Code, Division 13, Part 5.5.
2.27.050 Functions and duties.
The functions and duties of the Access Appeals Board shall be to hear and decide written appeals
of orders, decisions or determinations made by the Building Official relative to the application
and interpretation of disabled access issues pursuant to California Health and Safety Code,
Division 13, Part 5.5 and Title 24 of the California Code of Regulations (State Building Code),
in accordance with California Health and Safety Code, Section 19957.5.
~~ 2-109
Ordinance No.
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2.27.060 Membership. -
A. The Access Appeals Board shall consist of five voting members, to be appointed in
accordance with Article VI of the City Charter, CVMC Chapter 2.25, and this chapter.
B. The voting members must also meet the eligibility criteria as set forth in the California Health
and Safety Code, Section 19957.5, as follows: two members shall be physically disabled
persons, two members shall be persons experienced in construction, and one member shall be a
member of the public.
2.27.070 Meeting schedule.
The Board shall meet on an as-needed basis, as determined by the filing of disabled access
complaints, but shall hold no more than one meeting each month. The meeting shall commence
at a time designated by the chair or at 4:00 p.m. on the second Monday of each month,
immediately prior to the meeting of the Board of Appeals and Advisors. The Board shall meet in
Building 200 (Development Services); located in the Civic Center, at 276 Fourth Avenue,- Chula
Vista. The Board may change its regular meeting day, time or location by written resolution in
accordance with CVMC section 2.25.200.
SECTION III. Chapter 2.29 is hereby amended to read as follows:
Chapter 2.29
CHARTER REVIEW COMMISSION
Sections:
2.29.010 Creation.
2.29.020 Purpose and intent.
2.29.030 Functions and duties.
2.29.040 Membership.
2.29.050 Meeting schedule.
2.29.010 Creation.
There is hereby created a Charter Review Commission. The provisions of Article VI of the City
Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.29.020 Purpose and intent.
It is the- purpose and intent of the City Council in establishing the Charter Review Commission to
create an advisory body to serve as a resource to advise and make recommendations to the City
Council and the City Manager on issues affecting the provisions of the City Charter. The
Commission will review the organizational framework of City government, work to identify
language to amend the City Charter to clarify or improve the workings of the City government;
and recommend changes sufficiently in advance of elections to allow thoughtful City Council
review and determination of whether to place the matter on the ballot.
2.29.030 Functions and duties.
The function and duties of the Charter Review Commission shall be as follows:
:~" 2-110
Ordinance No.
Page 5
A. Constitute a forum for City-wide discussions, research and analysis of matters relating to
current or proposed provisions of the City Charter, and amendments thereto.
B. Help coordinate citizen and staff ideas with regard to potential Charter changes.
C. Formulate specific .language for proposed Charter changes to be submitted to the City
Council in a form appropriate for placement on the ballot at an election wherein the proposed
Charter changes can be submitted to the electorate.
D. Provide analyses and reports to the City Council in connection with said recommendations.
E. Prepare and submit proposed ballot arguments in favor of or against proposed Charter
changes.
2.29.040 Membership.
A. The Commission shall consist of seven voting members, to be appointed in accordance
with Article VI of the City Charter and CVMC Chapter 2.25.
2.29.050 Meeting schedule.
A. Regular Meetings. The Commission shall hold regular meetings on the date and at the time as
called by the Chair or a majority of the Commission, in the Community Room, located in the
Chula Vista Police Department at 315 Fourth Avenue.
B. Pre-Election Meetings. The Commission shall meet no later than the first Wednesday of the
seventh month preceding the next regularly scheduled municipal election, at which time the
Commission shall assign duties to its members as may be necessary; and consider agenda
issues for further deliberation and discussion by the Commission. If apre-election meeting is
the Commission's first meeting held during the City's fiscal year, it shall constitute a
"regular meeting," as that term is used in CVMC Section 2.25.180.
C. The Commission may change its regular meeting day, time or location by written resolution in
accordance with CVMC 2.25.200.
SECTION IV. Chapter 2.30 is hereby amended to read as follows:
Chapter 2.30
ECONOMIC DEVELOPMENT COMMISSION
Sections:
2.30.010 Creation.
2.30.020 Purpose and intent.
2.30.030 Functions, duties and goals.
2.30.040 Membership.
2.30.050 Meeting schedule.
Ordinance No.
Page 6
2.30.010 Creation. -
There is hereby created an Economic Development Commission. The provisions of Article VI
of the City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.30.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Economic Development
Commission, to create an advisory and coordinating body to serve as a resource to advise and
make recommendations to the City Council and City Manager on economic development issues
and opportunities that would benefit the community.
2.30.030 Functions, duties and goals.
A. The goals of the commission shall be as follows:
1. Assess the job needs of the residents of Chula Vista, and after doing so, engage in a
variety of activities that will help create, retain and attract jobs and capital investment
that will meet the employment needs of the community.
2. Help ensure that there are adequate educational programs available to support the
instructional needs of the jobs being created.
3. Immediately establish a specific plan of action to help implement the objectives of the
City Council.
4. Help assure prospective industrial and commercial developers and existing commercial
and industrial interests of the cooperation of the City to benefit both business and the
community.
5. Catalog current and planned industrial and commercial sites, and furthermore, identify
other potential industrial and commercial areas that would complement and not
interfere with existing and planned residential developments.
6. Work with the planning department to coordinate land use designations appropriate to
current and future market demand.
7. Work with realtors/developers to market Chula Vista as a viable alternative to other
Southern California markets.
8. Work with planners and developers to encourage retail and resort land uses (e.g.,
restaurants, retail promenades and other commercial recreation facilities} with specific
design criteria that will encourage development most beneficial to the City's long-term
interests.
B. The initial plan of action of the commission shall be as follows:
1. In conjunction with City staff, help develop and maintain a system to ensure the
prompt and expeditious review of industrial and commercial development applications.
2. Communicate and coordinate with the South County Economic Development
Council in achieving the objectives of the commission.
3. Enlist cooperation of all utilities and major financial institutions to provide the
facilities to support an industrial and commercial development program.
4. Notify and establish lines of communication with national and regional economic
development commissions, industrial and commercial real estate brokers and
developers concerning the plans and objectives of the Commission.
5. Help develop informational materials concerning the economic and commercial
possibilities of Chula Vista to be transmitted to representatives of interested companies.
~' 2-112
Ordinance No.
Page 7
6. Work with the Development Services Department to redevelop areas of Chula Vista.
7. Work with City staff to revise a brochure for national distribution presenting
summary information on Chula Vista's industrial, commercial and labor markets.
8. Encourage the development of transportation modes to support industrial and
commercial development.
2.30.040 Membership.
A. The Commission shall consist of nine voting members and up to five ex-officio members, to
be appointed in accordance with Article VI of the City Charter, CVMC Chapter 2.25, and
this chapter.
B. The voting members shall be appointed as follows:
1. Two of the voting members shall be appointed from nominees by the Association of
Directors of the Chula Vista Chamber of Commerce, and shall, at the time of their
appointment and throughout their terms, have membership in the Chamber of
Commerce.
2. One voting member shall be a nominee from the Association of Directors of the
South San Diego Bay Cities Association of Realtors and shall, at the time of their
appointment and throughout their term, have membership in the South San Diego Bay
Cities Association of Realtors.
3. Six voting members shall be residents of the City at large and shall, throughout their
term, maintain their residency and elector status. These six voting members shall be
nominated by a separate member of the Council, on a rotating basis, with the
nomination confirmed by the Council as provided in CVMC Section 2.25.050{H),
4. In order to ensure the highest caliber of talent and experience and a diversity of
viewpoints, the council should appoint members and ex-officio members with one or
mare of the following areas of expertise (in addition to the nominees from the Chamber
of Commerce and Association of Realtors):
- Market research
- Residential developer
- Commercial/industrial developer
- Banker/lender
- Major employer
- Small business owner
- Job training/employment services
- ,Major land owner
- Labor leader
- Major utility
- Maquiladora/intemational business
- Educational institution
- San Diego economic development corporation
- South San Diego County economic development commission
- Commercial real estate broker
2-113
Ordinance No.
Page 8
2.30.050 Meeting schedule. _
The Commission shall hold regular meetings on the first Wednesday of each .month at 3:00 p.m.
in Building 200 (Development Services), located in the Civic Center at 276 Fourth Avenue. The
Commission may change its regular meeting day, time or location by written resolution in
accordance with CVMC Chapter 2.25.200.
SECTION V. Chapter 2.31 is hereby amended to read as follows:
Chapter 2.31
MOBILEHOME RENT REVIEW COMMISSION
Sections:
2.31.010 Creation.
2.31.020 Purpose and intent.
2.31.030 Functions and duties.
2.31.040 Membership.
2.31.050 Meeting schedule.
2.31.010 Creation.
There is hereby created a Mobilehome Rent Review Commission. The provisions of Article VI
of the City Charter, CVMC section 2.25 and this chapter shall govern this Commission.
2.31.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create an
advisory body to provide an independent review of the disputes over rent increases in
mobilehome parks within the City of Chula Vista under CVMC Chapter 9.50.
2.31.030 Functions and duties.
The functions and duties of the commission shall be as follows:
A. Pursuant to CVMC Chapter 9.50, act as the "due process," unbiased decision maker regarding
mobilehome park rent disputes.
B. Adopt rules and regulations to procedurally administer hearings under CVMC Chapter 9.50 to
determine whether the park owner's rent increase is in excess of the applicable cost of living
increase or is a fair return on the park owner's property.
C. Consult with and provide advice to the City Council and City Manager on matters relating to
mobilehome parks.
2.31.040 Membership.
A. The Commission shall consist of five voting members and up to two ex-officio members, to
be appointed in accordance with Article VI of the City Charter, CVMC Section 2.25.050(G),
and this chapter.
"" 2-114
Ordinance No.
Page 9
B. The members shall be appointed in accordance with 2.31.040(A) and as-follows:
1. No member shall own or be a tenant in a mobilehome park.
2. One ex-officio member shall be a tenant in a mobilehome park within the City at the time
of appointment and throughout the member's term.
3. One ex-officio member shall be an owner of a mobilehome park within the City at the
time of appointment and throughout the member's term.
2.31.050 Meeting schedule.
The Commission shall hold regular meetings quarterly on the third Thursday of July, October,
January, and April at 6:00 p.m. in the Council Chambers, located in Building 100 (City Hall) in
the Civic Center at 276 Fourth Avenue. The Commission may change its regular meeting day,
time or location by written resolution in accordance with CVMC Section 2.25.200.
SECTION VI. Chapter 2.32 is hereby amended to read as follows:
Chapter 2.32
RESOURCE CONSERVATION COMMISSION*
Sections:
2.32.010 Creation.
2.32.020 Purpose and intent.
2.32.030 Statement of City goals and policies.
2.32.040 Functions and duties.
2.32.050 Administrative functions.
2.32.060 Membership
2.32.070 Meeting schedule.
2.32.100 Repealed.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.010 Creation.
There is hereby created a Resource Conservation Commission. The provisions of Article VI of
the City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.32.020 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 to provide citizens' advice to
the City Council in the azeas of energy and water conservation, resource recovery, environmental
sustainability, and other related fields as determined by the City Council. The Commission shall
also provide this citizens' advice to the other boards and commissions, the City Manager and
members of the City Manager's staff on these matters.
2.32.030 Statement of City goals and policies.
9 0 2-115
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The goals and policies of the City that relate to the duties of the Resource Conservation
Commission are:
A. Create and maintain sustainable 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, land, and water, enjoyment of
aesthetic, natural and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish 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. Maximize the conservation and efficient utilization of nonrenewable energy resources, and
encourage the utilization of renewable energy sources;
F. Maximize the recovery, recycling and reuse of discarded resources and minimize waste
generation through City action and cooperation with other public agencies and private
concerns;
G. Seek the fair treatment and meaningful involvement of all Chula Vista citizens with respect
to the development, implementation and enforcement of environmental laws, regulations and
policies;
H. Minimize any conflict with any national, state, regional or local environmental goals.
2.32.040 Functions and duties.
A. The Commission shall provide the City Council with a citizens' assessment of the following:
1. The effectiveness of proposed goals, policies, procedures and regulations of the .City in
accomplishing the purpose, intent and goals of this chapter;
2. The extent to which the capital improvement program implements this chapter;
B. The Commission may submit to the City Staff, other boards or commissions, or the City
Council recommendations concerning existing or new goals, policies, procedures or
regulations necessary to implement this chapter;
C. 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;
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D. The Commission may hold hearings relating to any matter under investigation or in question
before this commission.
E. With regard to energy and water conservation and resource recovery:
1. The Commission shall review and make a recommendation to the City Council for
the disposition of appeals regarding the administration of CVMC Title 20, Energy and
Water Conservation, except those portions which are within the scope of the Board of
Appeals and Advisors and the Planning Commission.
2. The Commission shall review and make a recommendation to the City Council for
the disposition of appeals regarding the administration of CVMC Chapter 8.24, Solid
Waste and Litter, and Chapter 8.25, Recycling, except those portions which are within
the scope of the Planning Commission.
2.32.050 Administrative functions.
A. In the event that private funds or funds from other governmental agencies are 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.
B. 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.
2.32.060 Membership.
The Resource Conservation Commission shall consist of seven members, to be appointed in
accordance with Article VI of the City Charter and CVMC Chapter 2.25.
2.32.070 Meeting schedule.
The Commission shall hold its regular meetings on the second Monday of each month at 4:00
p.m. in the Executive Conference Room (C-103), located in Building 100 (City Hall) in the Civic
Center at 276 Fourth Avenue. The Commission may change its regular meeting day, time, or
location by written resolution in accordance with CVMC-section 2.25.200.
SECTION VII. Chapter 2.33 is hereby amended to read:
Chapter 2.3 3
CULTURAL ARTS COMMISSION
Sections:
2.33.010 Creation.
2.33.020 Purpose and intent.
2.33.030 Functions and duties.
2.33.040 Membership.
Ordinance No.
Page 12
2.33.050 Meeting schedule.
2.33.010 Creation.
There is hereby created a Cultural Arts Commission. The provisions of Article VI of the City
Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.33.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to
create an advisory body to serve as a resource to advise and make recommendations to the City.
Council and the City Manager on cultural arts issues affecting the citizens of the City. The
focused efforts of the Cultural Arts Commission will be to identify cultural arts needs and issues.
The purpose of the Commission is to focus community energies and resources on developing a
highly visible City with a cultural arts personality and to develop, support, and nurture those
ideas that expand and enrich arts and cultural opportunities for the entire community.
2.33.030 Functions and duties.
The function and duties of the Cultural Arts Commission shall be as follows:
A. Encourage the preservation of Chula Vista's cultural heritage and the creation of an
atmosphere - a Chula Vista image - in which our citizens could take pride and have
increased stature.
B. Help coordinate and marshal support for the arts.
C. Encourage the provision of cultural and artistic facilities and features in public and
commercial construction.
D. Formulate recommendations for a City arts program, including funding mechanisms, criteria
for the selection and placement of public art, procedures for review plans, and guidelines to
carry out a City arts program.
E. Regularly assess, review and update recommended goals and long-range plans for the City;
and regularly solicit public input on the arts.
F. Encourage the development of arts and cultural programs for the youth of Chula Vista.
G. Promote the creation of a cultural environment to attract visitors and income.
H. Advise the Redevelopment Agency regarding the expenditure of fine arts in-lieu fees.
I. Make recommendations to the Redevelopment Agency on fine arts features with
redevelopment districts.
The Commission, by having a definite focus and by demonstrating a high degree of commitment
to the arts, can conduct strategic long-range planning to help reach these. goals.
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2.33.040 Membership. ~_
The Cultural Arts Commission shall consist of nine voting members, to be appointed in
accordance with Article VI of the City Charter and CVMC Chapter 2.25.
2.33.050 Meeting schedule.
The Commission shall hold regular meetings on the second Monday of every January, March,
May, July, September, and November at 5:45 p.m. in the Civic Center library, 365 F Street. The
Commission may change its regular meeting day, time or location by written resolution in
accordance with CVMC Section 2.25.200.
SECTION VIII. Chapter 2.34 is hereby amended to read as follows:
Chapter 2.34
CHILD CARE COMMISSION
Sections:
2.34.010 Creation.
2.34.020 Purpose and intent.
2.34.030 Functions and duties.
2.34.040 Membership.
2.34.050 Meeting schedule.
2.34.010 Creation.
There is hereby created a child care commission. The provisions of Article VI of the City
Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.34.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Child Care Commission to
create an advisory body to serve as a resource to advise and make recommendations to the City
Council and the City Manager on child care needs and issues, and to promote the availability of
quality, affordable child care within the community.
The purpose of the Commission is to focus community energies and resources on child care
issues that, as accomplished, will positively affect the physical, social, and the economic life of
Chula Vista.
2.34.030 Functions and duties.
The function and duties of the Child Care Commission shall be as follows:
A. Create a forum for City-wide discussions, research, and analysis of critical issues of child
care.
B. Mobilize agencies to develop resources and share them with the community in a coordinated
fashion.
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C. Promote affordable child care within the City by providing direct communications and
recommendations to City departments, boards and commissions with regard to such issues as
zoning, health, licensing, building codes, and public safety.
D. Draft a child care policy for consideration and adoption by the City of Chula Vista.
E. Address child care legislation issues.
F. Encourage cooperative approaches toward the development and implementation of child care
services.
G. Promote the creation of affordable, quality child care for infants and toddlers.
H. Investigate and recommend sources of public funds for child care.
I. Promote the creation of programs that are intergenerational.
J. Define the process and advise staff on appropriate procedures and fees to increase the
number of child care spaces available in the City.
2.34.040 Membership.
The Commission shall consist of seven voting members, to be appointed in accordance with
Article VI of the City Charter and CVMC Chapter 2.25.
2.34.050 Meeting schedule.
The Commission shall hold regular meetings on the third Tuesday of each month at 7:00 p.m. in
the South Chula Vista Librazy, 389 Orange Avenue. The Commission may change its regular
meeting day, time or location by written resolution, in accordance with CVMC Section 2.25.200.
SECTION IX. Chapter 2.35 is hereby amended to read as follows:
Chapter 2.3 5
HOUSING ADVISORY COMMISSION
Sections:
2.35.010
2.35.020
2.35.030
2.35.040
2.35.050
Creation.
Purpose and intent.
Functions and duties.
Membership.
Meeting schedule.
2.35.010 Creation.
Pursuant to Section 34291 of the California Health and Safety Code, there is hereby created a
Housing Advisory Commission. The provisions of Article VI of the City Charter, CVMC
Chapter 2.25 and this chapter shall govern this Conunission.
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2.35.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create an
advisory and coordinating body which is to serve as a resource, to advise and to make
recommendations to the Housing Authority, Redevelopment Agency, City Council, and City
Manager on housing issues and opportunities that would benefit the community.
2.35.030 Functions and duties.
The functions and duties of the Housing Advisory Commission shall be as follows:
A. Serve as an advisory body to the Housing Authority, City Council, Redevelopment Agency,
and City Manager.
B. Periodically assess the housing needs of the residents of Chula Vista and review housing
policies and strategies, including the housing element of the general plan, the comprehensive
housing affordability strategy, and the redevelopment agency housing plan; and to make
recommendations to improve said plans to address identified community housing needs.
C. Review and make recommendations on all matters to come before the housing authority,
except emergency matters and matters which the housing authority, by resolution, excludes from
its review.
D. Review ali proposed affordable housing projects to be assisted with public funds or incentives
and make recommendations concerning said projects.
E. Review all affordable housing projects proposed under the City's affordable housing program
and related development agreements and make recommendations concerning said projects.
F. Review ongoing housing programs of the Housing Authority, City, and Redevelopment
Agency and make recommendations for improvement thereof, including efforts to publicize the
availability of housing opportunities to City residents.
G. Perform such others functions or duties as may be delegated by the Housing Authority.
2.35.040 Membership.
A. The Housing Advisory Commission shall consist of seven voting members and up to two ex-
officio members, to be appointed in accordance with Article VI of the City Charter, CVMC
Chapter 2.25, and this chapter.
B. The voting members shall be appointed according to the following specifications:
Three members shall have expertise and experience in at least one of the following fields:
Lending, Urban Planning, Real Estate Development, and Real Estate Brokerage; two members
shall be appointed as representatives of tenants of the Housing Authority, and shall, at the time of
their appointments and throughout their terms, reside in assisted housing or receive Section 8
rental housing assistance from the housing authority; one of these two members shall be 62 years
of age or older; and two members shall be residents of the City at large, and shall, throughout
their terms, maintain their residency and elector status.
z-iz~
Ordinance No.
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2.35.050 Meeting schedule.
The Commission shall hold regular meetings quarterly on the fourth Wednesday of July,
October, January, and April at 3:30 p.m., in the Council Conference Room (C-101), located in
Building 100 (City Hall) in the Civic Center at 276 Fourth Avenue. The Commission may
change its regular meeting day, time or location by written resolution in accordance with CVMC
section 2.25.200.
SECTION X. Chapter 2.36 is hereby amended to read:
Chapter 2.36
HUMAN RELATIONS COMMISSION*
Sections:
2.36.010 Creation.
2.36.020 Purpose and intent.
2.36.030 Duties and functions.
2.36.040 Membership.
2.36.050 Funding.
* For statutory authority for cities to act on behalf of interracial, interethnic and interreligious
peace, see Gov. Code §§ 50261, et seq.
2.36.010 Creation. There is created a Human Relations Commission. The provisions of Article
VI of the City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.36.020 Purpose and intent.
A. It is the purpose and intent of the City Council to redefine and broaden the duties and
functions of the Human Relations Commission as an advisory body, to make
recommendations and offer advice to the City Council and the City Manager in the
improvement and effectiveness of the interrelationships between the various racial, religious,
ethnic, socioeconomic, age and disabled groups of citizens forming the social body of the
City and to advise the City on how it may best proceed in the realization of its stated goal to
provide both physical and social answers to the human caze needs of said groups and to
accomplish, among other things:
1. The development of a mutual understanding and respect among ail such groups in the
City;
2. The establishment and maintenance of contacts with groups in the community which are
concerned with interracial and intercultural understanding, and to report to the City
Council and City Manager regarding the activities of these groups;
3. The promotion of new and improved programs of services to all local citizens in
cooperation with peer boards and commissions as well as the City Manager;
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4. The encouragement of citizen participation in local government by providing a forum for
discussion so as to avoid recourse to conflict and disorder as a means of resolving
community relationship problems;
S. The protection and strengthening of the rights of various racial, religious, ethnic,
socioeconomic, age and disabled groups of citizens of Chula Vista to insure full
enjoyment of their constitutional privileges without regard to race, color, creed, national
origin, sex or age and the elimination thereby of prejudice, discrimination or bigotry in
this community;
6. The advancement of programs to assist senior citizens in the realization and satisfaction
of their needs for adequate and decent housing, food, clothing and other social concerns;
7. The strengthening and improvement of programs to stimulate housing for low and
moderate income families and individuals;
8. The encouragement of policies and programs to fully integrate disabled persons into the
mainstream of community life in the City.
B. It is also intended that the Human Relations Commission will advise the City Council on
matters involving Chula Vista public transportation services, relating to operational activities
and especially as to how well these services serve the needs of Chula Vista citizens.
C. It is the intent of the City Council to create healthy, enlightened attitudes, policies and
practices by establishing this commission as an official body, not primarily as an
enforcement or audit agency, but as a commission which will conduct careful surveys, advise
intelligently, and use the tools of education and motivation to the realization of the objectives
stated herein, which are the fulfillment of democracy's promises and realization of
constitutional guarantees.
2.36.030 Duties and functions.
In cooperation with other relevant boards and commissions, the Human Relations Commission
shall perform the following duties and functions:
A. Foster mutual understanding, respect and good will among alI racial, religious, national,
ethnic, socioeconomic, age, sex and disabled groups in the City;
B. Enlist the cooperation of the various racial, religious, ethnic, socioeconomic, age, sex and
disabled groups, fraternal and benevolent associations and other groups in Chula Vista in
programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and
discrimination;
C. Study the problems of prejudice, intolerance, bigotry, discrimination and disorder occasioned
thereby in all or any fields of human relationship;
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D. Study, review, analyze and report to the City Council and the City Manager the studies of
state and federal agencies, and legislative enactments of state and federal governments,
including but not limited to the several-civil rights acts of the United States government and
the state;
E. Work together with City, State and federal agencies in developing programs showing the
contributions of the various racial, religious, ethnic, age, sex and disabled groups to the
culture and traditions of the City, State- and Nation;
F. Promote the establishment of local community organizations in such neighborhoods as it may
be necessary and desirable to carry out programs to lessen tensions or improve group
relations in the community;
G. Work with the several boards and commissions and departments of the City toward the
improvement of municipal services and community relations, including assistance in the
development of housing programs for low and moderate income families and individuals, the
full range of programs providing assistance to senior citizens and disabled persons, and
actions to eliminate age and sex discrimination;
H. Initiate and investigate complaints and initiate its own investigation, after consultation with
the City Manager, relative to the actions of City officials or City agencies, except that
instances of discrimination within the jurisdiction of any federal or state commission or
agency shall be referred to such commission or agency;
I. Hold hearings and take testimony of any person under oath or otherwise, relating to any
matter under investigation or in question before the commission;
J. Advise the City Council and the City Manager of policies and programs of a formal and
informal nature that will aid in eliminating all types of discrimination based on race, creed,
national origin, ancestry, age or sex, and secure the furnishing of equal services to all
residents and maintain the quality of opportunity for employment and advancement in the
city government;
K. Consider Chula Vista public transportation services, including, but not limited to, route
structures; fares; vehicles; interface with all other forms of transit; and bench, bus stop and
bus shelter locations;
L. Assess Chula Vista public transportation services from the standpoint of -Chula Vista
residents and keep the City Council informed of the adequacy of service;
M. Consider and recommend to the City Council the levels of public transportation services in
Chula V ista;
N. The Commission shall be advisory in its function, and shall have no police or enforcement
powers. It shall issue no reports or recommendations except through the City Council and the
City Manager.
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Ordinance No.
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2.36.040 Membership
A. The Human Relations Commission shall consist of seven members, to be appointed in
accordance with Article VI of the City Charter, CVMC Chapter 2.25, and this chapter.
B. The members shall be representative of the .total social spectrum of the City, specifically
chosen to reflect the interests and desires of the various racial, religious, ethnic,
socioeconomic, age and disabled groups, as well as a member or members having a close
association with the business and civic activities of the City.
2.36.050 Funding.
In the event that private funds or funds from other governmental agencies are 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 purposes and intent of,
and the duties and functions of, the commission.
SECTION XI. Chapter 2.37 is hereby amended to read:
Chapter 2.37
COMMISSION ON AGING
Sections:
2.37.010 Creation.
2.37.020 Purpose and intent.
2.37.030 Functions and duties.
2.37.040 Membership.
2.37.050 Meeting schedule.
2.37.060 Funding.
2.37.0 i 0 Creation.
There is hereby created a Commission on Aging. The provisions of Article VI of the City
Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.37.020 Purpose and intent.
A. It is the purpose and intent of the City Council to establish the Commission on Aging to
make recommendations and advise the City Council and the City Manager on all matters
affecting the older residents of the City, who constitute nearly 16 percent of the population of
the City.
B. It is the intent of the City Council to create healthy, enlightened attitudes, policies and
practices by establishing this commission as an official body, not as an enforcement or
reviewing agency, but as a commission that will carefully survey, intelligently plan and use
the tools of education and motivation to the realization of the objectives stated in this chapter.
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2.37.030 Functions and duties. ~.
A. The Commission shall undertake investigations and studies for the purpose of making
recommendations to the City Council concerning, but not limited to, the following:
1. Social service and/or human service programs and facilities;
2. Leisure time activities and recreational and social programs;
3. Development of part-time employment opportunities;
4. Programs for the understanding of the problems of senior citizens.
B. In addition to investigative research activities, the Commission on Aging is specifically
charged with a responsibility to:
1. Tale such steps as are necessary based upon their analysis of the current situation to
develop a mutual understanding and respect between seniors and the balance of the
community;
2. Promote new and improved programs of service to older residents in cooperation with
peer boards and commissions as well as the City Manager;
3. Review the effectiveness of programs presently being used and, when necessary,
recommend modification, redirection, and use of alternate or additional resources;
4. Work together with city, county, state and federal agencies in developing programs for
the older residents;
5. Actively encourage local retirement clubs, churches and senior groups to exchange ideas
on programs, activities and social action which will benefit seniors and decrease their
isolation from the community;
6. Promote intergenerational programs that will cause and result in an interchange of ideas
and activities between the elderly and the youth of our community;
7. Detem~ine the extent of, and make recommendations with regard to, senior citizen
involvement and participation in the processes of government;
8. Provide a forum for senior citizens to bring specific problems;
9. Periodically prepare comprehensive reports to the City Council describing the
commission's activities, accomplishments and recommendations as to future efforts;
10. Establish a list of priorities on needs and programs and to advocate appropriate action by
the City Council in accordance with the list of needs and programs.
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2.37.040 Membership. - _
The Commission on Aging shall consist of seven members, to be appointed in accordance with
Article VI of the City Charter, CVMC Chapter 2.25, and this chapter. The members shall be
representative of the total racial, religious, ethnic and social spectrum of the senior citizens.
2.37.050 Meeting schedule.
The Commission shall hold regular meetings on the second Wednesday of January, March, May,
July, September, and November at 2:45 p.m. in Conference Room C-106, located in Building
100 (City Hall) in the Civic Center at 276 Fourth Avenue. The Commission may change its
regular meeting day, time or location by written resolution in accordance with CVMC Section
2.25.200.
2.37.060 Funding
In the event that private funds or funds from other governmental agencies are 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 City Council, to enter
into appropriate contracts for the utilization of such funds in furtherance of the purpose and
intent and the duties and functions of the Commission.
SECTION XII. Chapter 2.38 is hereby amended to read:
Chapter 2.3 8
INTERNATIONAL FRIENDSHIP COMMISSION
Sections:
2.3 8.010 Creation.
2.38.020 Functions and duties.
2.28.030 Membership.
2.38.00 Meeting schedule.
2.3$.050 Recommendations subject to City Council approval.
2.38.060 Authorized Expenditures.
2.3 8.010 Creation.
There is created the International Friendship Commission. The provisions of Article VI of the
City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission_
2.3 8.020 Functions and duties.
The functions and duties of the International Friendship Commission shall be as follows:
A. Recommend to the City Council a city (or cities} in a foreign land or lands, with which in its
opinion, it would be appropriate for the City of Chula Vista to carry on and promote cultural
and economic interchange. Such city or cities, when finally chosen by the City Council, may
be referred to as a sister city;
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Ordinance No.
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B. Further the economic cooperation, cultural interchange and mutual understanding on the
basis of mutual friendship and amity between the City and such sister city or cities, as well as
other foreign communities both local and national wherein the City has economic and
cultural interests;
C. Plan, develop and carry out mutual economic and cultural activities with the counterpart
commission in the foreign land or lands, and with the officials and citizens of such sister city
or cities, and such other local and national foreign communities.
2.38.030 Membership.
The International Friendship Commission shall consist of nine members, to be appointed by the
City Council in accordance with the provisions of Article VI of the City Charter and CVMC
Chapter 2.25.
2.38.040 Meeting schedule.
The International Friendship Commission shall hold regular meetings on the third Wednesday of
each month at 6:00 p.m. in the Civic Center library at 365 F Street. The Commission may
change its regular meeting day, time Qr location by written resolution in accordance with CVMC
section 2.25.200.
2.38.050 Recommendations subject to City Council approval.
After the International Friendship Commission has submitted to the City Council the name of an
appropriate city or cities in a foreign land or lands, the City Council shall have the power, upon
receiving the recommendation of the Commission, to accept or reject the Commission's
recommendation.
2.38.060 Authorized Expenditures.
If sufficient funds are provided in the annual budget, the International Friendship Commission
may expend funds for the following purposes:
A. Visits or expenses incurred by reason of visits by official sister city dignitaries to the City.
B. Sister city cultural visitors, such as Odawara's Lantern Dancers.
C. Sister city student visitors.
D. Gifts for official representatives of sister cities.
E. Two receptions per year for all foreign exchange students in Chula Vista.
F. Other expenditures as may be approved by the City Council on a case-by-case basis.
SECTION XIII. Chapter 2.39 is hereby amended as follows:
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Chapter 2.39
VETERANS ADVISORY COMMISSION
Sections:
2.39.010 Creation.
2.39.020 Purpose and intent.
2.39.030 Functions and duties.
2.39.040 Membership.
2.39.050 Meeting schedule.
2.39.010 Creation.
There is hereby created a Veterans Advisory Commission. The provisions of Article VI of the
City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.39.020 Purpose and intent.
It is the purpose and intent of the Veterans Advisory Commission to serve as a resource to
provide advice and make recommendations to the City Council and the City Manager on issues
affecting veterans and on matters with which veterans have special areas of knowledge and
expertise, and to serve as a focal point for mustering various segments of the community to
provide volunteers for various community-oriented projects.
2.39.030 Functions and duties.
The function and duties of the Veterans Advisory Commission shall be as follows:
A. Provide advice to the City Council on matters directly relating to veterans.
B. Serve as an information resource to the City Council on matters relating to the City's policy
regarding veterans' entitlement programs established by federal, state, or county legislation.
C. Promote and assist the City on Veterans Day or Memorial Day observations and other City
military recognition events.
D. Encourage and promote patriotism in the City, including support as available to military
services recruitment offices.
E. Provide a forum for discussion of issues relating to military veterans.
F. Coordinate with the city veterans fraternal organizations regarding resources available far
mobilization in case of a disaster or emergency, and act as liaison between the City and
veterans' fraternal organizations regarding community programs.
G. Provide advice regarding matters of protocol with which veterans are especially familiar,
such as flag presentation, color guard procedures and other military and paramilitary
procedures; and promote interest in flag etiquette and display and represent the City in
providing notices of flag use violations.
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H. Coordinate individual City recognition programs for active duty military and veteran
residents of the City who have achieved significant merit.
I. Provide advice and assistance to City residents when requested regarding resources available
to veterans' spouses, and dependents.
J. Formulate and develop a recommended City position and endorsement regarding proposed
legislation affecting veterans and military personnel.
K. Attend meetings of, and report on actions affecting the City taken by, the San Diego County
Veterans Advisory Council.
L. Study future needs of veterans, including veterans' homes and veterans' halls.
M. Provide various analyses and reports to the City Council.
2.39.040 Membership.
A. The commission shall consist of seven voting members, to be appointed in accordance with
Article VI of the City Charter and CVMC Chapter 2.25.
2.39.050 Meeting schedule.
The Commission shall hold regular meetings on the third Tuesday of each month at 6:00 p.m., in
the Chula Vista Veterans Home, located at 700 East Naples Court in Chula Vista. No regular
meeting shall be held in the month of December. The Commission may change its regular
meeting day, time or location by written resolution in accordance with CVMC Section 2.25.200.
SECTION XIV. Chapter 2.40 is hereby amended as follows:
Chapter 2.40
GROWTH MANAGEMENT
OVERSIGHT COMMISSION
Sections:
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
Creation.
Purpose and intent.
Functions and duties.
Membership.
Meeting schedule.
2.40.010 Creation.
There is hereby created a Growth Management Oversight Commission. The provisions of Article
VI of the City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.40.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Growth. Management
Commission to create an advisory body to provide an independent annual review of the
effectiveness of the General Plan regarding development issues. The Commission should use the
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threshold criteria to make determinations regarding the impact of development on the "quality of
life" in Chula Vista, publish findings and make recommendations regarding those findings.
2.40.030 Functions and duties.
The functions and duties of the Growth Management Oversight Commission are as follows:
A. Consider the quality of life threshold standards set forth in the growth management plan
(and, when adopted, in the new growth management ordinance) and make determinations, or
recommendations, as appropriate, regarding the following:
1. Whether compliance with the thresholds has been met on both a project and cumulative
basis;
2. Whether each threshold is appropriate for its goal;
3. Whether any new threshold should be adopted for any issue;
4. Whether any new issues should be added to, or deleted from the thresholds analysis
group;
5. Whether the City has been using fees and funds derived from developers for the intended
purpose;
6. Whether enforcement is being achieved.
B. Annually, on or before June 30th, make and publish its findings and recommendations,
including those for imposition of a moratorium or formal "statement of concern" regarding
water, sewer, schools, and air quality thresholds.
C. The Commission's annual report shall be forwarded to City Council in a timely manner
through the Planning Commission.
D. Annually review implementation of the growth management element of the General Plan and
the growth, management program. Such review shall include the adequacy of master facility
plans to account for the effective use of public facilities required by future growth in
connection with the planning and phasing of development projects.
2.40.040 Membership.
A. The Commission shall consist of nine voting members, and up to three ex-officio members to
be appointed in accordance with Article VI, CVMC Chapter 2.25, and this chapter.
B. The voting members shall be appointed as follows:
1. Four of the members shall be appointed from a classification consisting of residents of
the four residential General Plan areas (Central City, Montgomery/Otay,
SweetwaterlBonita, and the eastern territories}. Those members shall reside in their
respective General Plan area, at the time of their appointment and shall reside in their
respective plan area for the duration of their membership on the Commission.
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2. One member shall represent local educational interests.
3. One member shall represent development interests.
4. One member shall represent environmental interests.
5. One member shall represent business interests.
6. One member shall be a member of the Planning Commission.
2.40.050 Meeting schedule.
The Commission shall hold regular meetings on the first and third Thursdays of each month at
6:00 p.m. in the Executive Conference Room (C-103) in Building I00 (City Hall) of the Civic
Center, located at 276 Fourth Avenue. The Commission may change its regular meeting day,
time or location by written resolution in accordance with CVMC section 2.25.200.
SECTION XV. Chapter 2.42 is hereby amended to read:
Chapter 2.42
PLANNING COMMISSION*
Sections:
2.42.010 Creation.
2.42.020 Functions and duties.
2.42.03 0 Membership.
2.42.040 Meeting schedule.
2.42.050 Statutory provisions applicable.
* For statutory provisions regarding local Planning Commissions, see Gov. Code § 65100, et
seq.; for City Charter provisions regarding appointive boards and commissions, including a
Planning Commission, see Charter § § 600 - 608.
CROSS REFERENCES: Community Planning Committee, see Ch. 2.48 CVMC; Zoning
Administrator, see CVMC Title 19.
2.42.010 Creation.
The Planning Commission is created by City Charter Section 605. The provisions of Article VI
of the City Charter, CVMC Chapter 2.25 and this chapter shall govern this Commission.
2.42.020 Functions and duties.
In accordance with Charter Section 606, the Planning Commission shall have the power and duty
to:
A. Recommend to the City Council, after a public hearing, the adoption, amendment, or repeal
of a Master Plan or any part thereof for the physical development of the City; and
B. Exercise such functions with respect to land subdivisions, planning and zoning as may be
prescribed by ordinance.
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Ordinance No.
Page 27
2.42.030 Membership.
In accordance with Charter Section 605, the Planning Commission shall consist of seven
members to be appointed by the City Council from the registered voters of the City. The number
of members to comprise the Commission may be changed by ordinance of the City Council;
however, the number may be set at no fewer than five and no more than nine.
2.42.040 Meeting schedule.
The Planning Commission shall meet on the second and fourth Wednesdays of the month at 6:00
p.m., in the Council Chambers located in Building 100 (City Hall) at 276 Fourth Avenue. The
Commission may change its regular meeting day, time or location by written resolution in
accordance with CVMC section 2.25.200.
2.42.050 Statutory provisions applicable.
Chapter 3, excepting only Article 4 thereof, and Chapter 4 of Title 7 of the Government Code of
the State, relating to conservation, planning, and zoning, are hereby adopted by and made
applicable in and to the City, except insofar as the same may conflict with the Charter or the
provisions of CVMC Chapter 2.55, in which case the provisions of the Charter or Chapter 2.55
CVMC shall be controlling.
SECTION XVI. Chapter 2.44 is hereby amended to read:
Chapter 2.44
TRAFFIC SAFETY COMMISSION
Sections:
2.44.010 Creation.
2.44.020 Functions and duties.
2.44.030 Membership.
2.44.040 Meeting schedule.
2.44.010 Creation.
There is created and established the Traffic Safety Commission. The provisions of Article VI of
the City Charter, CVMC Chapter 2.25, and this chapter shall govern this commission.
2.44.020 Functions and duties.
The duties of the Traffic Safety Commission shall be to conceive and develop ideas or
suggestions that would specifically or generally contribute to the improvement of personal or
property safety within the City area, receive and process such ideas from any individual or
groups of individuals, and after such suggestions have been given careful consideration and
study by members, both individually and collectively, make appropriate recommendations, by
resolution, to the City Council. All recommendations shall be considered and acted upon
favorably or unfavorably. The scope of the operations of the Commission may embrace any
hazardous condition, whether it be physical or material that would jeopardize human safety, or
2-133
Ordinance No.
Page 28
cause damage to property both within and outside the home or industry; provided, however, that
the basic function of the Commission shall be related to matters of vehicular or pedestrian traffic
safety within the public rights-of--way in the City and safety hazards that may exist on or about
publicly-owned land and facilities.
2.44.030 Membership.
The Traffic Safety Commission shall consist of seven members who shall be appointed in
accordance with Article VI of the City Charter and CVMC Chapter 2.25.
2.44.040 Meeting schedule.
The Traffic Safety Commission shall hold regular meetings on the first Wednesday of each
month at 6:00 p.m., in the Council Chambers, located in Building 100 {City Hall) in the Civic
Center at 276 4th Avenue. The Commission may establish regular meeting dates by written
resolution and may change its regular meeting day, time or location by written resolution in
accordance with CVMC Section 2.25.200.
SECTION XVII. This ordinance shall take effect and be in full force on the thirtieth day after its
adoption.
Submitted by Approved by
Donna Norris
City Clerk
-~ r~~ ~' i
;, 1
Glen R:~v gins
'~~~y Attorney
2-134
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTERS 2.41.1, 2.43,
2.45, AND 2.47 TO ADD PROVISIONS FOR THE PARKS AND
RECREATION COMMISSION, CIVIL SERVICE
COMMISSION, BOARD OF LIBRARY TRUSTEES, AND
DESIGN REVIEW BOARD TO TITLE 2 OF THE MUNICIPAL
CODE; AMENDING AND REPEALING VARIOUS SECTIONS
IN MUNICIPAL CODE CHAPTER 19.14, RELATED TO THE
DESIGN REVIEW BOARD, AND REPEALING SECTION
2.16.060, RELATED TO THE PARKS AND RECREATION
COMMISSION
WHEREAS, Title 2 of the Municipal Code contains provisions for all of the City's
boards and commissions except the Civil Service Commission, Board of Library Trustees, and
Design Review Board, and it is desirable to have rules and regulations for the boards and
commissions uniformly located in the Municipal Code; and
WHEREAS, provisions for the Parks and Recreation Commission, aCharter-created
commission, are currently housed in Chapter 2.16 pertaining to the Recreation Department, and
it is desirable to have provisions for the Parks and Recreation Commission contained in a
separate chapter, in keeping with other boards and commissions; and
WHEREAS, provisions for the Design Review Board are currently housed in Chapter
19.14, sections 19.14.581 through 19.14.589, and it is desirable to have provisions for the Design
Review Board contained in a separate chapter in Title 2, in keeping with other boards and
commissions; and
WHEREAS, the City Clerk proposes to retain the substantive functions, duties, and
responsibilities of the commissions currently set forth in the Charter and make the general rules
in CVMC chapter 2.25 applicable to all boards and commissions.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I. Chapter 2.43 is hereby added to the Municipal Code, to read as follows:
Chapter 2.43
Civil Service Commission
Sections:
2.43.010
2.43.020
2.43.030
2.43.040.
2.43.050
Creation.
Purpose and intent.
Functions and duties.
Meeting schedule.
Membership.
9~"Q~ 2-135
Ordinance No.
Page 2
2.43.010 Creation.
The Civil Service Commission is created by City Charter section 609. The provisions of Article
VI of the City Charter, the general rules governing boards and commissions set forth in CVMC
Chapter 2.25, and this chapter shall govern the Civil Service Commission.
2.43.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 609 and 610, establishing the
Civil Service Commission and setting forth its powers and duties. If there is any conflict between
this chapter and the Charter, the Charter shall govern.
2.43.030 Functions and duties.
In accordance with City Charter section 610, the Civil Service Commission shall:
A. After a public hearing, recommend to the City Council the adoption, amendment or repeal
of civil service rules and regulations not in conflict with Article VI of the City Charter.
B. Hear appeals of any person in the classified service relative to suspension, demotion or
dismissal.
C. Conduct any investigation that it may consider desirable concerning the administration
of personnel in the municipal service and report its fmdings to the City Council.
D. Perform other duties and powers as the City Council may, by ordinance or resolution, confer
upon the Commission in order to carry out the principles of civil service in accordance
with the laws of the state and the City Charter, and assist in the implementation of proper
employer-employee relations.
2.43.040 Meeting schedule.
The Commission shall hold regular meetings on the first Thursday of each month at 5:15 p.m. in
Conference Room B129, located in Building 300 (Public Services), located in the Civic Center at
276 Fourth Avenue. The Commission may change its regular meeting day, time or location by
written resolution in accordance with CVMC section 2.25.200.
2.43.050 Membership.
In accordance with City Charter Section 609, the Civil Service Commission shall consist of five
members appointed by the City Council from the registered voters of the City. Two members
shall be appointed by the City Council from a list of four persons to be nominated by election of
the employees in the Classified Service; two members shall be appointed by the City Council
directly; the fifth member shall be appointed by the City Council from a list of three persons
nominated by the four thus appointed. The successor of any member of the Commission shall be
nominated and appointed in the same manner as such member was nominated and appointed.
SECTION II. Chapter 2.45 is hereby added to the Municipal Code, to read as follows:
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Ordinance No.
Page 3
Chapter 2.45
Board of Library Trustees
Sections:
2.45.010 Creation.
2.45.020 Purpose and intent.
2.45.030 Functions and duties.
2.45.040 Membership.
2.45.050 Meeting schedule.
2.45.010 Creation.
The Board of Library Trustees is created by City Charter Section 607. The provisions of Article
VI of the City Charter, the general rules governing boards and commissions set forth in CVMC
Chapter 2.25, and the provisions of this chapter shall govern this Board.
2.45.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 607 and 608, establishing the
Board of Library Trustees and setting forth its powers and duties. If there is any conflict
between this chapter and the Charter, the Charter shall govern.
2.45.030 Functions and duties.
In accordance with City Charter section 608, the Board of Library Trustees shall have the power
and duty to
A. Act in an advisory capacity to the City Council in all matters pertaining to City
libraries.
B. Recommend to the City Council the adoption of bylaws, rules and regulations the Board
may deem necessary for the administration and protection of City libraries.
2.45.040 Membership.
The Board of Library Trustees shall consist of five members appointed by the City Council from
the registered voters of the City. The City Council may change the number of members
comprising the Board by ordinance.
2.45.050 Meeting schedule.
The Board of Library Trustees shall hold regular meetings on the third Wednesday of each
month at 4:00 p.m. in the Conference Room located in the Civic Center Library at 365 F Street.
The Board may change its regular meeting day, time or location by written resolution in
accordance with CVMC section 2.25.200.
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Page 4 .
SECTION III. Chapter 2.47 is hereby added to the Municipal Code, to read as follows:
Chapter 2.47
Design Review Board
Sections:
2.47.010 Creation.
2.47.020 Purpose and intent.
2.47.030 Functions and duties.
2.47.040 Membership.
2.47.050 Meeting schedule.
2.47.010 Creation.
The City Council created a Design Review Board in 2010 by Ordinance 3153. That Board was
previously known as the Design Review Committee, created by Ordinance 1771 in 1977. The
provisions of Article VI of the City Charter, CVMC Chapter 2.25, this chapter, and CVMC
Sections 19.14.581 through 19.14.588 shall govern this Board.
2.47.020 Purpose and Intent.
The City Council created the Board to relieve the Planning Commission of certain routine
functions necessary to the proper administration of Chapter 19.14, to intensify this municipality's
efforts to improve its townscape, and to promote the orderly growth and amenity of the City and
environs. The Design Review Board's purpose is to ensure that development within the City of
Chula Vista is orderly, of a high quality, and consistent with City-approved design guidelines.
2.47.030 Functions and Duties.
A. The Design Review Board shall review plans for the establishment, location, expansion or
alteration of structures in all multifamily residential zones, all commercial and industrial
zones, and shall approve, conditionally approve or deny such plans, except as to those areas
for which the Chula Vista Redevelopment Corporation performs those functions, pursuant to
CVMC Chapter 2.55.
B. The responsibility of the Design Review Board shall be limited to the review of site plans,
landscaping, and the exterior design of buildings, for consistency with City- approved
design guidelines. In reviewing a residential project, the Board shall consider the
costs/benefits of any recommended improvement as reported by the applicant.
C. The Board shall prepare and adopt operational procedures, bylaws and business forms.
D. The Board shall submit annual reports on its operations to the City Planning Commission.
2.47.040 Membership.
A. The Design Review Board shall consist of five members, to be appointed in accordance with
Article VI, CVMC Chapter 2.25, and this chapter.
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Ordinance No.
Page 5
B. Members shall be persons sensitive to design consideration and interested in townscape
matters. Persons qualif ed for membership shall include architects, landscape architects, land
planners, and other design professionals with suitable experience.
C. All members should be familiar with and able to read and interpret architectural drawings, and
be able to judge the effect of a proposed project, structure or sign upon the surrounding
neighborhood and community.
2.47.050 Meeting schedule.
The Design Review Board shall meet on the first and third Mondays of the month at 4:30 p.m. in
the Council Chambers, located in Building 100 (City Hall) at 276 Fourth Avenue. The Board
may establish regular meeting dates by written resolution and may change its regular meeting
day, time or location by written resolution in accordance with CVMC section 2.25.200
SECTION IV. Chula Vista Municipal Code sections 19.14.581, 19.14.582, 19.14.583, are hereby
amended to read as follows:
19.14.581 Design Review Board
The purpose and intent, and functions and duties of the Design Review Board are provided in
CVMC Chapter 2.47.020 and 2.47.030.
19.14.582 Design Review Approval.
A. Plans for the establishment, location, expansion or alteration of structures in all multifamily
residential zones, and all commercial and industrial zones shall require design review by the
Design Review Board or, for projects within a designated redevelopment project area, the
Chula Vista Redevelopment Corporation.
B. The Board shall approve, conditionally approve or deny such plans. The Design Review
Board shall base its findings and actions on the design review provisions of the effected
design manuals of the City.
C. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in
the place of the Design Review Board in the case of minor projects, including new
construction or additions to commercial, industrial, or institutional projects with a total floor
area of 20,000 square feet or less, and residential projects of 10 units or less. The Zoning
Administrator shall base its findings and actions upon the provisions of the effected design
manuals of the City.
19.14.583 Design Review Application and Fee.
A. Applications for design review and modifications thereto shall be made to the Development
Services Director in writing on a form prescribed by the Development Services Director and
shall be accompanied by plans and data sufficient to show the detail of the proposed
building(s) and site layout.
B. The fee for a hearing before the Design Review Board is the required feels}. The fee for
Zoning Administrator design review shall be the required fee(s).
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Ordinance No.
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SECTION V. Chula Vista Municipal Code section 19.14.584 and 19.14.586 are hereby repealed.
19.14.584 Repealed.
19.14.586 Repealed.
SECTION VI. Chula Vista Municipal Code sections 19.14.587 and 19.14.588 are hereby
amended to read as follows:
19.14.587 Design Review Board -Final Approval Process when Lack of Quorum.
If a project is scheduled for a meeting of the Design Review Board for final approval, and a
quorum, as defined by CVMC 2.25.240, is not available for the scheduled meeting, the applicant
may choose to have the matter considered by the Design Review Board at its next meeting, may
request a special Design Review Board meeting to consider the matter, or may request that the
Design Review Board application be considered by the Planning Commission (at no additional
cost to the applicant) at its next available meeting (subject to public noticing requirements) for
action.
19.14.588 Design Review -Appeal Procedure.
A. The applicant or other interested persons may file an appeal from the decision of the Design
Review Board, or Zoning Administrator for minor projects, to the City Council within 10
business days after the decision is made. The appeal shall be in writing and filed with the
Development Services Department on forms prescribed for the appeal, and shall specify
therein the argument against the decision of the Design Review Board. If an appeal is filed
within the time limit specif ed, it automatically stays proceedings in the matter until a
determination is made by the City Council.
B. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify, in whole or in part, any determination of the Design Review Board, or Zoning
Administrator for minor projects. The resolution must contain a finding of facts showing
wherein the project meets ar fails to meet the requirements of this chapter and the provisions
of the design review manual.
C. The decision of the City Council is final.
SECTION VII. Chula Vista Municipal Code section 19.14.589 is hereby repealed.
19.14.589 Repealed.
SECTION VIII. Chula Vista Municipal Code Section 2.16.060 is hereby repealed.
2.16.060 Repealed.
SECTION IX. Chapter 2.41.1 is hereby added to the Municipal Code, to read as follows:
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Ordinance No.
Page 7
Chapter 2.41.1
PARKS AND RECREATION COMMISSION
Sections:
2.41.1.010
2.41.1.020
2.41.1.030
2.41.1.040
2.41.1.050
Creation.
Purpose and intent.
Functions and duties.
Membership.
Meeting schedule.
2.41.1.010 Creation.
The Parks and Recreation Commission is created by City Charter section 611. The Provisions of.
Article VI of the City Charter, the general rules governing boards and commissions set forth in
CVMC Chapter 2.25, and the provisions of this chapter shall govern the Parks and Recreation
Commission.
2.41.1.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Section bl 1, establishing the Parks and
Recreation Commission and setting forth its powers and duties. If there is any conflict between
this chapter and the Charter, the Charter shall govern.
2.41.1.030 Functions and duties.
The Parks and Recreation Commission shall have the power and duty to:
A. Act in an advisory capacity to the City Council in all matters pertaining to parks,
recreation and playgrounds.
B. Consider the annual budget for parks and recreation purposes during the process of its
preparation and make recommendations regarding the budget to the City Council and the
City Manager.
C. Assist in the planning of a recreation program for the inhabitants of the City, promote and
stimulate public interest in a recreation program and, to that end, solicit to the fullest extent
possible the cooperation of school authorities and other public and private agencies interested
in a recreation program.
2.41.1.040 Membership.
A. The Parks and Recreation Commission shall consist of seven members appointed by the City
Council from the registered voters of the City. The City Council may change the number of
members comprising the Commission by ordinance.
B. In the event the City Council contracts with other agencies interested in recreation and parks
for joint exercise of any functions, the contract may provide that the other agencies may have
representation on the Commission during the term of the contract.
~~ 2-141
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2.41.1.050 Meeting schedule.
The Parks and Recreation Commission shall hold regular meetings on the third Thursday of the
month at 6:30 p.m., in Conference Room 129, in Building 300 (Public Services}, located in the
Civic Center at 276 Fourth Avenue. The Board may change its regular meeting day, time or
location by written resolution in accordance with CVMC Section 2.25.200.
SECTION X. This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by
Donna R. Norris
City Clerk
2-142
.......,..,,a ~..,
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 2.25, GENERAL RULES FOR
BOARDS AND COMMISSIONS
WHEREAS, the City Clerk's Department provides support for boards and
commissions by receiving applications, collecting attendance and activity reports, and
providing assistance to members and staff on meeting protocol, agenda and noticing
requirements, and operational rules and regulations; and
WHEREAS, in 2008, the City Council adopted Ordinance 3111 adding Municipal
Code Chapter 2.25, General Rules for City's Boards and Commissions; and
WHEREAS, at its meeting of October 11, 2011, the City Council directed the
City Clerk to bring specific amendments to Municipal Code Section 2.25 for its
consideration.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I. Chapter 2.25 is hereby amended to read as follows:
Chapter 2.25
GENERAL RULES FOR BOARDS AND COMMISSIONS
Sections:
2.25.100 Membership -Terms -Filling unexpired terms.
2.25.110 Attendance requirements -Excused absences -Removal for cause.
2.25.120 Attendance reports required annually.
2.25.130 Code of ethics.
2.25.140 Compensation and expenses -Use of business cards.
2.25.150 Conflicts of interest - Recusal from discussion and voting.
2.25.160 Mandatory training sessions.
2.25.170 Operations -Bylaws may be adopted.
2.25.180 Operations - Election of chair and vice chair.
2.25.190 Operations -Duties of chair, vice chair and chair pro tem.
2.25.200 Operations -Regular meetings required -Special meetings allowed -
Time and location to be established by resolution -Brown Act
requirements.
2.25.210 Operations -Agenda preparation, posting, and availability.
2.25.220 Operations -Meeting cancellation -Notice required.
2.25.230 Operations -Minutes required -Form and content -Retention of
recordings.
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2.25.240 Operations -Quorum and voting requirements.
2.25.250 Operations - Appointment of subcommittees.
2.25.260 Operations -Staff support.
2.25.270 Operations -Gifts, grants and contracts -Council approval required.
2.25.280 Operations -Annual activity report required -Other reports and
recommendations -Individual communications by members.
2.25.290 Vacancies -Written notification from chair required.
2.25.300 Vacancies -.Posting required.
2.25.010 Applicability.
Unless otherwise specially stated in this chapter or in the ordinance creating the particular
board or commission, this chapter applies to all boards and commissions, whether created
by City Charter, ordinance, state or other law. If there is a conflict between the Charter
and the Municipal Code, Charter provisions shall prevail. (Ord. 3111 § 1, 2008).
2.25.020 Definitions.
For purposes of this chapter, the following words are defined:
A. "Abandonment" means the intentional relinquishment of voting membership on a
board or commission without a formal resignation having been submitted to the City.
B. "Boards and commissions" include: (1) Boards and commissions established by the
Chula Vista Charter: Board of Library Trustees, Civil Service Commission, Parks and
Recreation Commission, and Planning Commission; and (2) boards and commissions
established by the City Council: Access Appeals Board, Board of Appeals and Advisors,
Board of Ethics, Charter Review Commission, Child Care Commission, Commission on
Aging, Cultural Arts Commission, Design Review Board, Economic Development
Commission, Growth Management Oversight Commission, Housing Advisory
Commission, Human Relations Commission, International Friendship Commission,
Mobilehome Rent Review Commission, Nature Center Board of Trustees, Resource
Conservation Commission, Traffic Safety Commission, Veterans Advisory Commission,
and other boards or commissions subsequently created by City Charter or ordinance.
C. "Brown Act" means the Ralph M. Brown Act, Government Code Section 54950 et
seq., commonly referred to as the Brown Act or the California Open Meeting Law.
D. "Cause" includes:
1. Conviction of a felony or crime involving moral turpitude;
2. Absence from three regular, consecutive meetings of the board or commission,
unless excused by majority vote of its members, as expressed in its official minutes;
2-144
3. Absence from more than 50 percent of the regularly scheduled meetings of the
board or commission in one calendar year, whether or not excused by a majority
vote of its members;
4. Abandonment;
5. Failure to attend training sessions mandated by the City;
6. Violation of any City policies or City, state or federal regulations that are the
subject of mandatory training sessions; or
7. Violation of the City's Code of Ethics.
E. "Entire voting membership" or "entire membership" means those individuals who
have been appointed to, have been sworn in to serve on, have not been removed from,
have not vacated their seat on, and who are eligible and entitled to vote as members of a
board or commission. It does not include ex-officio members and does not include seats
specified in the ordinance creating the board or commission but are not filled. The City
Council intends that this definition clarify the term "entire membership" as used in
Section 603 of the City Charter.
F. "Ex-officio members" means the individuals who are appointed by the City Council to
serve in an advisory capacity on a board or commission, but who are not entitled to vote
or to make motions. "Ex-officio members" do not include City staff who provide
information to or sit with a board or commission.
G. "Member" means an individual who has been appointed to, has been sworn in to serve
on, has not been removed from, and who has not vacated his or her seat on a board or
commission. "Members" includes voting members and ex-officio members.
H. "Registered voter" means an individual who is registered to vote in City of Chula
Vista elections.
I. "Resignation" means a formal renouncement or relinquishment of voting membership
on a board or commission.
J. "Vacancy" or "event of vacancy" means any of the following events:
1. Expiration of a member's term of office;
2. The death of a member;
3. A member has been removed for cause by three affirmative votes of the City
Council;
2-145
4. The disability of a member that renders the member incapable of performing the
duties of his or her office;
5. A member's conviction of a felony or crime involving moral turpitude;
6. A member's abandonment of office;
7. A member's absence from three regular, consecutive meetings of the board or
commission, unless excused by majority vote of the members and expressed in its
official minutes;
8. A member's absence from 50 percent of the regularly scheduled meetings in one
calendar year, whether or not excused by majority vote of the board or commission;
9. A member has submitted a resignation that has been accepted by the City
Council;
10. A member ceases to be a registered voter of the City when that criterion is
required for membership on a board or commission;
11. A member loses the status or classification that qualified the individual to
become a member of a particular board or commission; or
12. A member becomes a salaried officer or employee of the City.
K. "Voting member" means an individual appointed by the City Council who is entitled
to vote and make motions in his or her capacity as a member of a board or commission.
(Ord. 3111 § 1, 2008).
2.25.030 Membership -Qualifications and eligibility as voting member.
This section implements City Charter Section 602(d) and policies consistent with other
portions of the Charter pertaining to qualifications for voting membership and eligibility
to serve on boards and commissions.
A. Except as provided in subsection (B) of this section, voting members of boards and
commissions shall be registered to vote in City of Chula Vista elections.
B. Voting members of boards and commissions who are advisory only and whose duties
involve regional issues are not required to be registered to vote in City of Chula Vista
elections; however, the appointment of individuals who are not registered voters must be
approved by four affirmative votes of the City Council.
C. An individual is eligible to serve on up to two City Council-established board(s) or
commission(s) at a time. In accordance with Chula Vista Charter Section 602, no person
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may be appointed nor shall serve on more than one of the Charter-created boards or
commissions simultaneously.
D. A salaried officer or employee of the City is not eligible to be appointed to a board or
commission. (Ord. 3111 § 1, 2008).
2.25.040 Membership -Qualifications and eligibility as ex-officio member.
The City Council may appoint ex-officio members to any board or commission because
of particular background or experience that the City Council deems will assist a particular
board or commission in handling a discrete set of issues. Ex-officio members are required
to be registered voters and are subject to term limits as described in 2.25.080, 2.25.090,
and 2.25.100. Ex-officio members are not entitled to vote or to make motions. (Ord.
3111 § 1, 2008).
2.25.050 Membership -Applications -Interview, nomination and appointment process.
A. The City Clerk shall maintain applications for prospective membership on boards and
commissions. The application shall provide a place for an individual to state the reasons
he or she seeks appointment to a particular board or commission and his or her
qualifications for service on a particular board or commission.
B. An individual who has submitted an application for appointment as a voting or ex-
officio member of any board or commission may be interviewed as part of the
nomination and selection process.
C. When a vacancy occurs on a board or commission, the City Clerk shall forward
applications received for the vacant position to the Mayor, who shall review the
forwarded applications, select applicants to be interviewed, interview selected applicants,
and make nominations for appointment, subject to the City Council's approval, for all
boards and commissions except for the Board of Library Trustees, Board of Ethics, Civil
Service Commission, Design Review Board, Growth Management Oversight
Commission, Mobilehome Rent Review Commission, Planning Commission, Parks and
Recreation Commission, and Resource Conservation Commission.
D. The Mayor shall forward applications for membership on the Board of Ethics to a
panel consisting of at least two city managers from cities in San Diego County, excluding
Chula Vista. The panel shall review the applications, interview applicants, and make a
recommendation to the City Council for appointment.
E. The Mayor and each Councilmember shall independently review forwarded
applications for positions on the Board of Library Trustees, Design Review Board,
Growth Management Oversight Commission, Planning Commission, Parks and
Recreation Commission, and Resource Conservation Commission and notify the City
Clerk in writing of one or more applicants each wishes to nominate for an interview. The
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City Clerk shall tally the nominations. The Mayor and City Council shall set a time
collectively to interview each applicant receiving two or more nominations. Following
interviews, the Mayor and City Council shall select one individual for each available
position.
F. The nomination and appointment process for the Civil Service Commission shall be
conducted in accordance with Charter Section 609 and CVMC 2.43.050*.
G. The nomination and appointment process for the Mobilehome Rent Review
Commission shall be conducted in accordance with Chapter 2.31 CVMC and this
subsection.
1. The Mayor shall review applications for all ex-officio members and one voting
member, select applicants to be interviewed for those positions, interview selected
applicants, make nominations for appointment subject to the City Council's
approval, and schedule a vote on the nominations on the next available Council
meeting's agenda.
2. The four remaining voting positions are tied to a particular Council seat. When a
vacancy occurs in one of the four positions, the City Clerk shall forward
applications to the Councilmember filling the corresponding Council seat. The
Councilmember shall review the applications, select applicants to be interviewed,
and interview selected applicants. The Councilmember shall then nominate an
applicant for appointment to the available position and request that the nomination
be scheduled for vote on the next available Council meeting's agenda.
H. Members of each board and commission shall be appointed by at least three
affirmative votes of the City Council. (Ord. 3111 § 1, 2008).
* Code reviser's note: CVMC 2.43.050 has not been adopted yet. See Chula Vista
Charter Section 609.
2.25.060 Membership -Oath of office -Effective date of taking office.
The City Clerk or his or her designee shall administer the oath of office to newly
appointed voting and ex-officio members. Newly appointed voting members must take
the oath of office before they may vote as a member of the board or commission to which
they have been appointed. Voting members assume their office on the date they take the
oath of office. (Ord. 3111 § 1, 2008).
2.25.070 Membership -Terms -Initial terms for new boards and commissions.
Initial terms of office for newly established boards or commissions shall be determined in
accordance with City Charter Section 602(b). (Ord. 3111 § 1, 2008).
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2.25.080 Membership -Terms -Standard term of office -Holdover office.
A. The standard term of office for board and commission members is four years. The
standard term begins July 1st and ends June 30th four years later.
B. At the end of any voting member's term, he or she shall be permitted to continue to
exercise the privileges of his or her former office until the office is filled by the
appointment of a qualified successor. (Ord. 3111 § 1, 2008).
2.25.090 Membership -Terms -Two-consecutive-term limit for voting members -
Exceptions.
A. Members are limited to serving as voting members for a maximum of two consecutive
terms, except as provided in CVMC 2.25.100(C).
B. An individual who has served two consecutive terms as a voting member may be
reappointed to the same board or commission after an interval of two years has passed.
(Ord. 3111 § 1, 2008).
2.25.100 Membership -Terms -Filling unexpired terms.
A. If a vacancy on any board or commission occurs prior to the expiration of a term of
office for a voting member, any appointment to fill the vacancy shall be for the remaining
unexpired term of office.
B. A voting member who currently sits on a particular board or commission may not be
appointed to fill the unexpired term of another voting member's vacated seat on that same
board or commission. An individual who currently sits as an ex-officio member of a
board or commission may be appointed to fill the unexpired term of a voting member's
vacated seat on the same board or commission if the ex-officio member meets the
eligibility criteria for voting membership. The appointment process shall be the same as
provided for in CVMC 2.25.050.
C. An unexpired term with fewer than two years remaining is not considered a "term" for
purposes of the two-consecutive-term limit set forth in CVMC 2.25.090. Therefore, an
individual appointed to fill an unexpired term of less than two years may subsequently be
appointed to two full terms.
D. An unexpired term of two years or more is considered a "term" for purposes of the
two-consecutive-term limit set forth in CVMC 2.25.090. Therefore, an individual
appointed to fill an unexpired term of two years or more may subsequently be appointed
to only one additional, consecutive term.
E. For purposes of determining whether the unexpired term of a vacated seat is less than,
more than, or equals two years, the starting date of the unexpired term shall be the date
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the new appointee takes the oath of office, and the end date of the unexpired term shall be
the expiration date of the vacating member's term of office. (Ord. 3111 § 1, 2008).
2.25.110 Attendance requirements -Excused absences -Removal for cause.
A. The City Council relies on advice of the City's boards and commissions that grows
from discussions among appointed members. The City Council anticipates that members
appointed to the City's boards and commissions will make every reasonable effort to
attend all regular meetings of their respective boards or commissions, to attend special
meetings, and to be prepared to discuss matters on their respective agendas.
B. The City Charter requires that any board or commission member who is absent from
three consecutive, regular meetings will be deemed to have vacated his or her
membership on the particular board or commission, unless his or her absence is excused
by a majority vote of the other members, as reflected in the official minutes of the board
or commission.
C. Board and commission members, by a majority vote, may excuse a fellow board or
commission member's absence from meetings for any of the following reasons:
1. Illness of the member, family member of the member, or personal friend of the
member;
2. Business commitment of the member that interferes with the attendance of the
member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to
the respective board or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding,
or other similarly significant event; or
5. Other reason for which the member has given notice to the chair or secretary of
his or her unavailability 15 days in advance, as long as the unavailability is not
expected to last for longer than 30 days.
D. Members shall vote on excusing a member's absence from a regular meeting. The vote
shall be reflected in the official minutes for the meeting at which the vote was taken.
E. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor the
attendance records of board and commission members submitted by board and
commission chairs pursuant to CVMC 2.25.290. The subcommittee may make
recommendations to the full Council for a vote on the removal of a member for cause. A
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voting or ex-officio member may be removed for cause by three affirmative votes of the
City Council. (Ord. 3111 § 1, 2008).
2.25.120 Attendance reports required annually.
The secretary for each board and commission shall prepare an annual written report of
attendance, noting the percentage of absences of members for the preceding fiscal year.
The report shall be delivered to the City Clerk no later than June 30th of each year. The
City Clerk shall forward the report to the Mayor and City Councilmembers, who may use
this information in considering reappointment to second terms. (Ord. 3111 § 1, 2008).
2.25.130 Code of ethics.
Voting and ex-officio members of boards and commissions are public officials and,
therefore, act as agents for the public's purpose and hold office for the public's benefit.
As public officials, they are bound to uphold the law, observe in their official acts a high
standard of morality and discharge faithfully the duties of their office, recognizing that
the public interest must be a primary concern. Members of boards and commissions are
expected to conform to the City's code of ethics, found in Chapter 2.01 *CVMC. If a
board or commission member is in doubt about whether the code of ethics applies to a
particular situation, the member may request in writing an advisory opinion from the
Board of Ethics. (Ord. 3111 § 1, 2008).
* Code reviser's note: Chapter 2.41 CVMC has not been adopted yet. See Chapter 2.28
CVMC.
2.25.140 Compensation and expenses -Use of business cards.
A. Members of boards and commissions shall serve without compensation for their
services.
B. Members of boards and commissions may receive reimbursement for necessary travel
and other expenses incurred on official duty to the extent that appropriations for such
expenses have been provided by the City Council in approving the board or
commission's budget.
C. Members of boards and commissions are authorized to use business cards showing
their affiliation with their particular board or commission only i£
1. Business cards are used in relation to the duties and functions of the particular
board or commission;
2. City funds are used to pay for the business cards; and
3. Appropriations for such expenses have been provided by the City Council in
approving the budget for the particular board or commission. (Ord. 3111 § 1, 2008).
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2.25.150 Conflicts of interest - Recusal from discussion and voting.
A. Voting and ex-officio members of certain boards and commissions may be required to
file statements of economic interest as determined in the City's conflict of interest code.
The City Clerk will notify members who are required to file-the statements.
B. The state's Political Reform Act and the City's conflict of interest code state that no
person shall make or participate in the making of a governmental decision that he or she
knows, or has reason to know, will have a reasonably foreseeable material financial effect
on him or her distinguishable from its effect on the public generally. The Political
Reform Act and implementing regulations require a public official diligently to monitor
his or her business interests, real property, sources of income, gifts, and personal finances
to ensure that he or she does not participate in an action in which he or she has a conflict
of interest.
C. When a member has a conflict of interest, or the appearance of a conflict of interest, he
or she must publicly state the nature of the conflict. Unless the item is on the consent
calendar, the member must step down from the dais or table and leave the room until
consideration of the particular item is finished. Additionally, the disqualified member
may not be counted toward achieving a quorum while the item is being discussed. A
member may consult the City Attorney if he or she has a question about whether or not a
conflict exists and whether or not he or she should disqualify himself or herself from
discussing or voting on an issue. (Ord. 3111 § 1, 2008).
2.25.160 Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions on
ethics laws as specified in California Government Code Section 53234. Board and
commission members shall participate in mandatory training sessions in the first year of
appointment to their particular board or commission, and at least once every two years
thereafter. The City Attorney or his or her designee will provide sufficient opportunities
to board and commission members to allow them to fulfill this requirement. The City
Attorney or his or her designee shall monitor members' attendance at mandatory training
sessions within the required time period. The City Attorney or his or her designee shall
notify the City Clerk, who shall notify the Mayor, if a member fails to attend mandatory
training sessions within the required time period.
B. Board and commission members may be required to attend periodic additional training
sessions on the City's code of ethics, Brown Act requirements, sexual harassment laws
and policies, and other laws or City policies as may be determined.
C. The secretary of each board or commission shall be responsible for notifying members
in writing of dates, times and locations of training sessions.
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D. The failure of a board or commission member to attend a mandatory training session
may be considered cause for removal from the particular board or commission to which
he or she has been appointed. (Ord. 3111 § 1, 2008).
2.25.170 Operations -Bylaws may be adopted.
Boards and commissions may adopt bylaws governing the internal conduct of their
affairs. The bylaws must be consistent with the City Charter, the municipal code, and
applicable state law and shall include the method for their amendment. The original
bylaws and any amendments to the bylaws shall be delivered to the City Clerk for
preservation. (Ord. 3111 § 1, 2008).
2.25.180 Operations - Election of chair and vice chair.
At the first regular board or commission meeting following July 1st of every year, or as
soon as practicable thereafter, each board or commission shall elect a chair from among
its voting members. Each board and commission may also elect a vice chair from among
its voting members. The chair and any vice chair thus selected shall serve for a period of
one year. The secretary shall notify the City Clerk whenever there is a change in chair or
vice chair. (Ord. 3111 § 1, 2008).
2.25.190 Operations -Duties of chair, vice chair and chair pro tem.
The chair shall serve as presiding officer at meetings. In the absence of the chair, the vice
chair, if any, shall serve as presiding officer. In the absence of the chair and the vice
chair, if any, the secretary shall call the meeting to order, and the voting members shall
select a chair pro tem from any of the board or commission's voting members for
purposes of conducting business at that meeting. (Ord. 3111 § 1, 2008).
2.25.200 Operations -Regular meetings required -Special meetings allowed -Time and
location to be established by resolution -Brown Act requirements.
A. As required by the City Charter, boards and commissions shall hold regular meetings.
Except as otherwise stated in this section, each board or commission shall hold its regular
meetings at least monthly. Each board or commission shall establish the day, time and
location for its regular meetings by written resolution. A board or commission may
change its regular meeting day, time or location only by a written resolution.
1. The Access Appeals Board shall meet on an as-needed basis, as determined by
the filing of disabled access complaints, but shall hold no more than one meeting
each month at a time designated by the chair, or at 4:00 p.m. on the second Monday
of each month, immediately prior to the meeting of the Board of Appeals and
Advisors.
2. The Board of Ethics shall hold meetings at the call of the chair or a majority of
its members. The Board shall hold at least one meeting annually.
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3. The Charter Review Commission. shall hold at least one regular meeting
annually. Additionally, during years when regularly scheduled general municipal
elections are held, the commission shall meet no later than the first Wednesday of
the seventh month preceding the next regularly scheduled general municipal
election. By written resolution, the commission may establish other regular meeting
times.
4. The Growth Management Oversight Commission shall hold meetings at the call
of the chair and shall meet no later than the first week of January of each year. By
written resolution, the commission may establish other regular meeting times.
B. In addition to regular meetings, boards and commissions are authorized to call and
hold any special meetings they deem necessary, as long as the meetings are properly
noticed. No written resolution is required to call a special meeting.
C. As a general rule, boards and commissions shall hold their regular and special
meetings at a City facility. Boards and commissions may hold their meetings from time
to time in other locations within the City, as long as meetings are properly noticed.
D. All board and commission meetings shall be noticed and held in accordance with the
requirements of the Brown Act. (Ord. 3111 § 1, 2008).
2.25.210 Operations -Agenda preparation, posting, and availability.
A. Agendas must be prepared for all meetings in accordance with Brown Act
requirements. Items may be placed on the agenda by the chair, by majority vote of the
members, or by City staff. The secretary for each board or commission shall prepare
meeting agendas in consultation with the chair. The secretary shall forward the agenda
and supporting documents and materials to members in sufficient time in advance of a
meeting to allow them to review the materials prior to the meeting. Agendas and
supporting documents shall be made available to the public at the same time they are
provided to the board or commission.
B. The board or commission secretary shall post agendas for regular meetings at least 72
hours prior to the meeting in a place visible and accessible to the public 24 hours each
day. The secretary shall post agendas for special meetings at least 24 hours prior to the
meeting in a place visible and accessible to the public 24 hours each day.
C. The board or commission secretary shall forward agendas to the Mayor, City Council,
City staff designated to assist a particular board or commission, and individuals who have
submitted a written request for meeting information, at least 72 hours in advance of
regular meetings and at least 24 hours in advance of special meetings. Agendas shall be
made available to the public at least 72 hours in advance of regular meetings, and at least
24 hours in advance of special meetings, and at all meetings.
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D. The agenda for each board or commission meeting shall provide time for the public to
comment on each item on the agenda. The agenda shall also include a section for public
comments on matters not listed on the agenda but within the jurisdiction of the particular
board or commission. (Ord. 3111 § 1, 2008).
2.25.220 Operations -Meeting cancellation -Notice required.
A. A meeting may be cancelled because of a lack of a quorum of voting members or the
lack of agenda items.
B. If the board or commission secretary has advance notice that a meeting will not be
held, the secretary shall post a notice of cancellation in lieu of posting or mailing an
agenda for the meeting.
C. If a quorum of voting members cannot be assembled on the date and at the time a
meeting is scheduled to be held, the secretary shall declare the meeting cancelled and
post a notice of cancellation of the meeting on the door of the room where the meeting
was to be held. (Ord. 3111 § 1, 2008).
2.25.230 Operations -Minutes required -Form and content -Retention of recordings.
A. The board or commission secretary shall prepare minutes for all meetings. The
secretary shall present the minutes at a subsequent meeting for approval by the board or
commission members. The secretary shall transmit the original minutes to the City Clerk
for permanent preservation immediately after the board or commission has approved the
minutes. The secretary shall transmit copies of minutes of all meetings to the City
Council within 10 days of approval.
B. Minutes shall contain a record of each particular type of business transacted, set off in
paragraphs with proper subheadings. The secretary shall be required to make a record
only of the business actually passed upon by a vote of the board or commission members
and shall not be required to make a verbatim transcript of the proceedings. A record shall
be made of the name and city of residence of persons addressing the board or
commission, the title of the subject to which their remarks related, and whether they
spoke in support of or in opposition to the matter.
C. The board or commission secretary shall retain recordings of meetings, if any are
made, only for the purpose of accurately preparing minutes. When the board or
commission formally approves the minutes of a particular meeting, the secretary shall
cause the recording for that meeting to be erased without further Council authorization;
except that recordings for a meeting involving a public hearing shall be kept for one year
from the date of the public hearing. The secretary shall cause the tapes for that meeting to
be erased without further Council authorization. (Ord. 3111 § 1, 2008).
2.25.240 Operations -Quorum and voting requirements.
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Unless otherwise required by state law or this chapter, the affirmative vote of a majority
of the entire voting membership of any board or commission shall be necessary for it to
take any action except to adjourn. This provision is intended to meet the requirements of
City Charter Section 603. (Ord. 3111 § 1, 2008).
2.25.250 Operations -Appointment of subcommittees.
A. Boards and commissions may appoint subcommittees that they deem appropriate to
provide advice on any matter within the jurisdiction of the particular board or
commission.
B. Subcommittees may be composed of board or commission members, as well as other
residents appointed by the particular board or commission. The chair of any
subcommittee shall be a voting member of the board or commission that established the
subcommittee.
C. Subcommittees may be standing committees or ad hoc committees.
D. Brown Act requirements pertaining to notices of meetings, agendas and public
comments shall apply to meetings of any standing subcommittee of whatever
composition, and to any subcommittee that is composed of a quorum of members of the
board or commission. Subcommittees may not hold closed sessions.
E. The role of any subcommittee is to provide expertise and advice to board and
commission members only. Subcommittee members do not advise the City Council
directly. Subcommittee members do not represent the City. Subcommittee members
should make every effort to ensure that recommendations and advice are directed to the
board or commission that established the subcommittee. Subcommittee members may not
speak on behalf of the board or commission without prior approval of a majority of the
members of the board or commission. (Ord. 3111 § 1, 2008).
2.25.260 Operations -Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to
serve as secretary to each board and commission. In addition to other duties specified in
this chapter, the secretary is responsible for finalizing resolutions and performing other
administrative duties, as necessary.
B. Pursuant to City Charter Section 605, the services of the Director of Public Works, the
City Attorney, and the Director of Building and Housing (now known as the Director of
Planning and Building) shall be made available to the Planning Commission.
C. The City Manager may make available other staff and clerical support as requested by
a board or commission to fulfill its functions and duties, provided such staff and clerical
support are available.
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D. Staff persons assigned to assist boards and commissions shall not be considered voting
or ex-officio members of those boards and commissions. (Ord. 3111 § 1, 2008).
2.25.270 Operations -Gifts, grants and contracts -Council approval required.
A board or commission may not accept gifts or grants from any source absent approval
from the City Council. A board or commission may not commit or attempt to commit the
City to any contract or other agreement without first obtaining authority from the City
Council to do so. (Ord. 3111 § 1, 2008).
2.25.280 Operations -Annual activity report required -Other reports and
recommendations -Individual communications by members.
A. By July 1st of every year, each board and commission shall prepare and submit to the
City Clerk a written report of its activities. The City Clerk shall forward copies of each
report to the City Council. The annual report shall also contain other specific information
or findings required by the ordinance creating a particular board or commission.
B. In addition to the annual report, a board or commission may make other reports to the
City Council, either orally or in writing, at a public session of the City Council. Minority
reports, if any, shall be submitted in writing concurrent with the majority reports.
C. Boards and commissions shall forward proposals, suggestions, or recommendations to
the City Council after formal board or commission action has been taken, within 10
working days of the meeting at which the action was taken. Board and commission policy
positions should be formulated and stated in such a way as to ensure understanding by the
public that the stated positions are not the official policy of the City until recommended
to, and adopted by, the City Council.
D. Individual board or commission members may speak on behalf of their respective
board or commission only after a vote of the particular board or commission. Individual
members making recommendations or expressing views that have not been officially
voted on by a majority of the body shall indicate that they are expressing themselves as
private citizens, not as representatives of their respective board or commission. (Ord.
3111 § 1, 2008).
2.25.290 Vacancies -Written notification from chair required.
A. The chair of each board or commission shall notify the City Clerk in writing, or cause
the City Clerk to be notified in writing, if a voting member appears to have abandoned
his or her office on the board or commission; if a voting member misses three regular,
consecutive meetings of the board or commission without being excused by a majority
vote of the board or commission as expressed in its official minutes; or if a voting or ex-
officio member misses more than 50 percent of the board or commission's regularly
scheduled meetings in one calendar year, whether or not excused by the other members.
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B. The City Clerk shall notify the Mayor in writing of reported abandonment or missed
meetings, or when a member has failed to attend mandatory training sessions.
2.25.300 Vacancies -Posting required.
A. In accordance with the Maddy Act, Government Code Section 54970, et seq., on or
before December 31st of each year, or as soon as practicable thereafter, the City Clerk
shall post a notice of vacancies that are anticipated to occur during the ensuing calendar
year due to the expiration of voting members' terms of office.
B. If an unexpected vacancy occurs for a reason set forth in CVMC 2.25.020 under the
definition of the term "vacancy," the City Clerk shall post a notice of vacancy and notify
the City Council so that action can be taken to fill the vacancy.
SECTION II: This ordinance shall take effect and be in full force thirty days from its
adoption.
Submitted by
Donna R. Norris, City Clerk
Approved by
-~ ; vz ~ ~
Glen Googins, ity Attorney
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