HomeMy WebLinkAbout2011/10/25 Item 02MEMO
Office of the City Clerk
DATE: October 20, 2011
TO: Honorable Mayor and City Council Members
FROM: Donna Norris, CMC, City Clerk ~~
~~sr,
CITY OF
CHULAVISTA
SUBJECT: Ordinances Regarding the City's Boards and Commissions (Second Reading and Adoption)
On October 18, 2011, the City Council placed the following three ordinances on first reading with amendments to
Ordinances A and C:
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 1N 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
The Council amended Ordinance A to 1) update the reference to the four geographical areas of the City under
Section 2.40.040(B); and 2) remove the word "Traffic" from the commission's name in Chapter 2.44.
The Council's revisions to Ordinance C are provided in the attached redline version of the ordinance for
reference.
Ordinances A and C, as amended, and Ordinance B are presented for second reading and adoption.
2-1
A -E-t-cic~n»1en~
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 and ex-
officio 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.
2-2
~.~-1~~~
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.
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, rT + r ~ a ~ T ` c~, Resource
2-3
Conservation Commission, 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;
S. 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 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.
2-4
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.
2.25.030 Membership -Qualifications and eligibility as voting member.
2-5
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 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 board or
commission.
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 not
required to be registered voters and ;are ~~subject to term limits as described in
2.2.080, 2.25.090, and 2.25.100. Ex-officio members are not entitled to vote or to
make motions.
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 Grou-th Mana6ement Oversi`ht
Commission, Mobilehome Rent Review Commission, Planning Commission, and Parks
and Recreation Commission.
2-6
D. The Mayor shall forward applications for membership on the Board of Ethics to a
panel consisting of at least two city managers rotated from cities in San Diego County,
excluding Chula Vista. The panel shall review the applications, interview applicants, and
-ecommend one applicant for each available seat to the City
Council for appointment.
E. The Mayor and each Councilmember shall independently review forwarded
applications for positions on the Board of Library Tnistees, Desi ~n Review Board,
Growth h~lana~ement Oversight Commission, Planning Commission and Parks and
Recreation 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.
* 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.
2-7
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).
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.
2.25.090 Membership -Terms -Two-consecutive-term limit for voting and ex-officio
members = Exceptions.
A. Members . .,.. ~,~,:, . ~ ~_ '~ ~_. _ ~ u= ; ~ ~ ~~_ - ~ •~ are limited to serving
~~^*;r« m°•N'~°r" {'^'- a maximum of two consecutive terms, except as provided in
CVMC 2.25.100(C).
B. An individual who has served two consecutive terms ° , ° ~ ~^*~„g m°m~°~ maybe
reappointed to the same board or commission after an interval of two years has passed.
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 + ~ ~~~+~ ^ ~- ,r °rn''°", 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
2-8
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.
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
2-9
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.
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.
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.
* 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.
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.
2-10
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.
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.
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
2-11
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.
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 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.
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.
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.
2-12
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.
T. i~Pi~i-iTC v~ u1u ~T.S~-t ~. ~v~ii i i ~ i i. L ~ ~ ~~ -
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.
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.
2-13
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.
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.
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
2-14
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.
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 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.
2.25.260 Operations -Staff support.
2-1 5
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 Development Services ~;,,a;rg ~~~ u,.,,~;,,,. ~
~u~~,v~:~ «~ ~.~c ~.rcc,o:~n ~'Nb ~ ,b 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. 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.
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
2-1 6
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.
2.25.290 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 Approved by
Donna R. Norris, City Clerk Glen Googins, City Attorney
2-17
ORDINANCE No.SECOND READING AND ADOPT~~N
ORDINANCE OF THE CITY OF CHULA VISTA AIvIENDING
VARIOUS CHAPTERS OE 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 Mazch 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 boazds 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 boazds 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.
2.26.00 Meeting Schedule.
2-i8
* 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 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.
2-19
2.26.050 Meeting Schedule.
The Board shall hold regular 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 Board. 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.
2-20
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.
2-21
The function and duties of the Charter Review Commission shall be as follows:
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.
2-22
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.
2-23
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
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 training/employment 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
2-24
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.
B. The members shall be appointed in accordance with 2.31.040(A) and as follows:
2-25
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 VL 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 areas 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.
2-26
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;
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:
2-27
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 2.33
CULTURAL ARTS COMMISSION
Sections:
2.33.010 Creation.
2.33.020 Purpose and intent.
2.33.030 Functions and duties.
2.33.040 Membership.
2.33.050 Meeting schedule.
2.33.010 Creation.
2-28
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, includizig 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.
2-29
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.
2-30
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 Library, 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 2.35
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 Commission.
2.35.020 Purpose and intent.
2-31
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 all 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.
2-32
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 Functions and Duties.
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 care needs of said groups and to accomplish, among other things:
1. The development of a mutual understanding and respect among all 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;
2-33
4. The encouragement of citizen participation in local government b_ y 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 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 Functions and Duties.
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 all 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;
2-34
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 Vista;
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.
2-35
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.
2.37.010 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.
2-36
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. 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 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. Determine 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.
2-37
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.
2.38.030 Membership.
2.38.040 Meeting schedule.
2.38.050 Recommendations subject to City Council approval.
2.3 8.060 Authorized Expenditures.
2.38.010 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;
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;
2-38
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.
2.3 8.040 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 or 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:
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
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 for
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.
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.
2-40
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 Creation.
2.40.020 Purpose and intent.
2.40.030 Functions and duties.
2.40.040 Membership.
2.40.050 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
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:
2-41
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 City's four residential quadrants: 1. North of L Street/Telegraph Canyon Road/Otay
Lakes Road and west of La Media Road; 2. North of L Street/Telegraph Canyon
Road/Otay Lakes Road and east of La Media Road; 3. South of L Street/Telegraph
Canyon Road/Otay Lakes Road and west of La Media Road; and 4. South of L
Street/Telegraph Canyon Road/Otay Lakes Road and east of La Media Road. Those
members shall reside in their respective areas at the time of their appointment and shall
reside in their respective areas for the duration of their membership on the Commission.
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.
2-42
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 100 (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.
2.42.030 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.
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.
2-43
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
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 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 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 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 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
2.44.040 Meeting schedule.
The 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 4~` 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
Donna Norris
City Clerk
2-45
Approved by
SECOND READING AND ADOPTION
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 Boazd, and it is desirable to have rules and regulations for the boazds and
commissions uniformly located in the Municipal Code; and
WHEREAS, provisions for the Pazks and Recreation Commission, aCharter-created
commission, aze currently housed in Chapter 2.16 pertaining to the Recreation Department, and
it is desirable to have provisions for the Pazks and Recreation Commission contained in a
sepazate chapter, in keeping with other boazds and commissions; and
WHEREAS, provisions for the Design Review Board aze 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 Boazd contained in a sepazate chapter in Title 2, in keeping with other boazds 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 Hiles
in CVMC chapter 2.25 apglicable to all boazds 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.
2.43.050 Membership.
z-4s
Ordinance No.
Page 2
2.43.010 Creation.
The Civil Service Commission is created by City Charter section 649. 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 b09 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 B 129, located in Building 3 00 (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:
2-47
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 60? 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 Boazd 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.
2.4 5.04 0 1vlembership.
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.
2-48
Ordinance No.
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 Cornmittee, 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 Boazd shall prepare and adopt operational procedures, bylaws and business forms.
D. The Boazd 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.
2-49
Ordinance No.
Page 5
B. Members 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.
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 Hali) 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).
2-50
Ordinance No.
Page 6
SECTION V. Chula Vista Municipal Code section 19.14.584 and 19.14.586 aze 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 Boazd -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 specified, it automatically stays proceedings in the matter until a
determination is made by the City Council.
B. Upon the heazing 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 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 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:
2-51
Ordinance No.
Page 7
Chapter 2.41.1
PARKS AND RECREATION COMMISSION
Sections:
2.4 i .1.010 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.
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 Chazter, 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.
2-52
Ordinance No.
Page 8
2.41.1.050 Meeting schedule.
The Parks and Recreation Commission shall hold regular meetings on the thizd 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 tivith 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. Noms
City Clerk
2-53
e ,,,,Y.,..o,~ t,..
SECOND READING AND p,DOPTION
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 Departrnent 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 and ex-
officio 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 cazds.
2.25.150 Conflicts of interest - Recusal from discussion and voting.
2-54
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.
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, Resource Conservation Commission, Safety
2-55
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;
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.
2-56
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.
2.25.030 Membership -Qualifications and eligibility as voting member.
2-57
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 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 board or
commission.
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 not
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.
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, and Parks
and Recreation Commission.
2-58
D. The Mayor shall forward applications for membership on the Board of Ethics to a
panel consisting of at least two city managers rotated from cities in San Diego County,
excluding Chula Vista. The panel shall review the applications, interview applicants, and
recommend one applicant for each available seat 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 and Parks and
Recreation 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.
* 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.
2-59
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).
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.
2.25.090 Membership -Terms -Two-consecutive-term limit for voting and ex-officio
members -Exceptions.
A. Members are limited to serving a maximum of two consecutive terms, except as
provided in CVMC 2.25.100(C).
B. An individual who has served two consecutive terms may be reappointed to the same
board or commission after an interval of two years has passed.
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, 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.
2-60
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.
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.
2-61
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.
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.
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.
* 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.
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:
2-62
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.
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.
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.
2-63
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.
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 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.
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.
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
2-64
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.
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.
2-65
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.
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.
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
2-66
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.
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 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.
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.
2-67
B. Pursuant to City Charter Section 605, the services of the Director of Public Works, the
City Attorney, and the Director of Development Services 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. 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.
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.
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,
2-68
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
2-69
Approved by