HomeMy WebLinkAboutOrd 2011-3212ORDINANCE N0.3212
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTERS 2.41, 2.43,
2.45, AND 2.4'1 TO ADD PROVISIONS FOR THE PARKS AND
RECREATION COMMISSION, CNIL 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 boards and
commissions uniformly located in the Municipal Code; and
WHEREAS, provisions for the Pazks and Recreation Commission, aCharter-created
commission, are currently housed in Chapter 2.16 pertaining to the Recreation Department, and
it is desirable to have provisions for the Parks and Recreation Commission contained in a
sepazate chapter, in keeping with other boards 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 Board contained in a separate chapter in Title 2, in keeping with other boards and
commissions; and
WHEREAS, the City Clerk proposes to retain the substantive functions, duties, and
responsibilities of the commissions currently set forth in the Charter and make the general rules
in CVMC chapter 2.25 applicable to all 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.
2.43.010 Creation.
Ordinance No. 3212
Page 2
The Civil Service Commission is created by City Charter section 609. The provisions of
Article VI of the City Charter, the general rules governing boards and commissions set forth in
CVMC Chapter 2.25, and this chapter shall govern the Civil Service Commission.
2.43.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 609 and 610, establishing the
Civil Service Commission and setting forth its powers and duties. If there is any conflict between
this chapter and the Charter, the Charter shall govern.
2.43.030 Functions and duties.
In accordance with City Charter section 610, the Civil Service Commission shall:
A. After a public heazing, 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 regulaz meetings on the first Thursday of each month at 5:15 p.m. in
Conference Room B129, located in Building 300 (Public Services), located in the Civic Center at
276 Fourth Avenue. The Commission may change its regular meeting day, time or location by
written resolution in accordance with CVMC section 2.25.200.
2.43.050 Membership.
In accordance with City Charter Section 609, the Civil Service Commission shall consist of five
members appointed by the City Council from the registered voters of the City. Two members
shall be appointed by the City Council from a list of four persons to be nominated by election of
the employees in the Classified Service; two members shall be appointed by the City Council
directly; the fifth member shall be appointed by the City Council from a list of three persons
nominated by the four thus appointed. The successor of any member of the Commission shall be
nominated and appointed in the same manner as such member was nominated and appointed.
SECTION II. Chapter 2.45 is hereby added to the Municipal Code, to read as follows:
Ordinance No. 3212
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 Librazy Trustees is created by City Charter Section 607. The provisions of Article
VI of the City Charter, the general rules governing boards and commissions set forth in CVMC
Chapter 2.25, and the provisions of this chapter shall govern this Board.
2.45.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Sections 607 and 608, establishing the
Board of Library Trustees and setting forth its powers and duties. If there is any conflict
between this chapter and the Charter, the Charter shall govern.
2.45.030 Functions and duties.
In accordance with City Charter section 608, the Board of Library Trustees shall have the power
and duty to:
A. Act in an advisory capacity to the City Council in all matters pertaining to City
libraries.
B. Recommend to the City Council the adoption of bylaws, rules and regulations the Board
may deem necessary for the administration and protection of City libraries.
2.45.040 Membership.
The Board of Library Trustees shall consist of five members appointed by the City Council from
the registered voters of the City. The City Council may change the number of members
comprising the Board by ordinance.
2.45.050 Meeting schedule.
The Board of Library Trustees shall hold regular meetings on the third Wednesday of each
month at 4:00 p.m. in the Conference Room located in the Civic Center Library at 365 F Street.
The Board may change its regulaz meeting day, time or location by written resolution in
accordance with CVMC section 2.25.200.
Ordinance No. 3212
Page 4
SECTION III. Chapter 2.47 is hereby added to the Municipal Code, to read as follows:
Chapter 2.47
Design Review Board
Sections:
2.47.010 Creation.
2.47.020 Purpose and intent.
2.47.030 Functions and duties.
2.47.040 Membership.
2.47.050 Meeting schedule.
2.47.010 Creation.
The City Council created a Design Review Board in 2010 by Ordinance 3153. That Board was
previously known as the Design Review Committee, created by Ordinance 1771 in 1977. The
provisions of Article VI of the City Charter, CVMC Chapter 2.25, this chapter, and CVMC
Sections 19.14.581 through 19.14.588 shall govern this Boazd.
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 azeas for which
the Chula Vista Redevelopment Corporation performs those functions, pursuant to CVMC
Chapter 2.55.
B. The responsibility of the Design Review Board shall be limited to the review of site plans,
landscaping, and the exterior design of buildings, for consistency with City-approved design
guidelines. In reviewing a residential project, the Board shall consider the costs benefits of any
recommended improvement as reported by the applicant.
C. The Board shall prepaze and adopt operational procedures, bylaws and business forms.
D. The Board shall submit annual reports on its operations to the City Planning Commission.
2.47.040 Membership.
A. The Design Review Board shall consist of five members, to be appointed in accordance with
Article VI, CVMC Chapter 2.25, and this chapter.
Ordinance No. 3212
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 Boazd shall meet on the first and third Mondays of the month at 4:30 p.m. in
the Council Chambers, located in Building 100 (City Hall) at 276 Fourth Avenue. The Boazd
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 Boazd 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 azea, 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 ]0 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 Boazd is the required fee(s). The fee for
Zoning Administrator design review shall be the required fee(s).
Ordinance No. 3212
Page 6
SECTION V. Chula Vista Municipal Code section 19.14.584 and 19.14.586 are hereby repealed.
19.14.584 Repealed.
19.14.586 Repealed.
SECTION VI. Chula Vista Municipal Code sections 19.14.587 and 19.14.588 aze hereby
amended to read as follows:
19.14.587 Design Review Board -Final Approval Process when Lack of Quorum.
If a project is scheduled for a meeting of the Design Review Board for final approval, and a
quorum, as defined by CVMC 2.25.240, is not available for the scheduled meeting, the applicant
may choose to have the matter considered by the Design Review Boazd at its next meeting, may
request a special Design Review Boazd 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 afrer 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 azgument 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 hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify, in whole or in part, any determination of the Design Review Boazd, 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.
Ordinance No. 3212
Page 7
SECTION VIII. Chula Vista Municipal Code Section 2.16.060 is hereby repealed.
2.16.060 Repealed.
SECTION IX. Chapter 2.41 is hereby added to the Municipal Code, to read as follows:
Chapter 2.41
PARKS AND RECREATION COMMISSION
Sections:
2.41.010 Creation.
2.41.020 Purpose and intent.
2.41.030 Functions and duties.
2.41.040 Membership.
2.41.050 Meeting schedule.
2.41.010 Creation.
The Parks and Recreation Commission is created by City Charter section 611. The Provisions of
Article VI of the City Chazter, the general rules governing boazds and commissions set forth in
CVMC Chapter 2.25, and the provisions of this chapter shall govern the Pazks and Recreation
Commission.
2.41.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Section 611, establishing the Pazks and
Recreation Commission and setting forth its powers and duties. If there is any conflict between
this chapter and the Charter, the Charter shall govern.
2.41.030 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 regazding 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.
2.41.040 Membership.
A. The Pazks 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.
Ordinance No. 3212
Page 8
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.
2.41.050 Meeting schedule.
The Pazks and Recreation Commission shall hold regulaz meetings on the third Thursday of the
month at 6:30 p.m., in Conference Room 129, in Building 300 (Public Services), located in the
Civic Center at 276 Fourth Avenue. The Boazd may change its regular meeting day, time or
location by written resolution in accordance with CVMC Section 2.25.200.
SECTION X. This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
_~~~ ~~
Donna R. Norris
City Clerk
Approved as to form by
c"-_- - _o
Glen R. Googi
City A ~ rney '~
j
Ordinance No. 3212
Page 9
PASSED, APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista,
California, this 25th day of October 2011, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Castaneda and Ramirez
~ G'
Cheryl Cox, ~ ayor
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3212 had its first reading at a regular meeting held on the 18th day of October
2011 and its second reading and adoption at a regular meeting of said City Council held on the
25th day of October 2011; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
~! 2 ~~~ o
O Y • lI
ated Donna R. Norris, CMC, City Clerk