HomeMy WebLinkAboutOrd 2013-3251ORDINANCE NO. 3251
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.25,
"GENERAL RULES FOR BOARDS AND COMMISSIONS"
WHEREAS, Chula Vista Municipal Code ("CVMC") Chapter 2.25 sets forth the general
rules governing the City's boazds and commissions; and
WHEREAS, staff is recommending that the ordinance be amended to address two issues:
(i) clarify the meaning of the terms "entire voting membership," and "entire membership;" and
(ii) adopt the rules of decorum and order contained in CVMC Chapter 2.04, governing City
Council meetings; and
WHEREAS, in order to clarify the meaning of the terms "entire voting membership," and
"entire membership," staff is proposing the amendment of CVMC sections 2.25.010 and
2.25.020.E., as reflected on Attachment "A" to the staff report accompanying this item; and
WHEREAS, the proposed amendments are intended to clarify that a boazd or commission
may act on a majority vote by the seated members, so long as at least one-half of the seats
specified in the ordinance or charter provision creating the boazd or commission aze filled; and
WHEREAS, the proposed amendment includes the addition of section 2.25.205, to
specify that certain rules of decorum applicable to City Council meetings are also applicable to
board and commission meetings.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. That Chula Vista Municipal Code Chapter 2.25 is hereby amended to add
section 2.25.205 and amend sections 2.25.010 and 2.25.020.E. to read as follows:
2.25.010 Applicability.
Unless otherwise specially stated in this chapter or in the ordinance or Charter provision
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 aze defined:
E. "Entire voting membership" or "entire membership" means those individuals who have
been appointed to, have been sworn in to serve on, have not been removed from, have not
vacated their seat on, and who aze eligible and entitled to vote as members of a board or
commission. It does not include ex officio members and does not include any seat specified in
the Charter provision or ordinance creating the board or commission that is unfilled due to an
"event of vacancy," pursuant to section 2.25.020.J., below. Notwithstanding the foregoing, at
Ordinance No. 3251
Page No. 2
least one-half of the seats specified in the Charter provision or ordinance creating the board or
commission must be filled in order for the board or commission to act. For example, if a
seven-member boazd has two vacancies, the remaining five members constitute the "entire
membership." Accordingly, an action that requires a majority vote could be taken if at least
three of the boazd members vote in its favor. The City Council intends that this definition
clarify the term "entire membership" as used in Section 603 of the City Charter.
2.25.205 Operations -Conduct of Meetings
Pursuant to City Charter section 603, boazd and commission meetings shall be open to the
public. The rules applicable to City Council meetings regarding oral communications,
addressing members, presiding officer powers and duties, and decorum and order, set forth in
CVMC sections 2.04.130, 2.04.170, 2.04.210, 2.04.320, 2.04.330, and 2.04.340, shall apply to
boazd and commission meetings. In applying those code provisions to board and commission
meetings, the terms "City Council," "City Clerk," "council meeting," and "councilmember"
shall be replaced with "boazd or commission," "boazd or commission secretary," "boazd or
commission meeting," and "boazd or commission member," respectively.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of
the Ordinance, or its application to any other person or circumstance. The City Council of the
City of Chula Vista hereby declazes that it would have adopted each section, sentence, clause
or phrase of this Ordinance, irrespective of the fact that any one or more other sections,
sentences, clauses or phrases of the Ordinance be declazed invalid, unenforceable or
unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed
in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Ordinance No. 3251
Page No. 3
Presented by
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Donna R. Noms
City Clerk
Approved as to form by
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len R. oogins
City Atto ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of January 2013, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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Cheryl Cox, M y r
ATTEST:
O
Donna R. Norris, C C, 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. 3251 had its first reading at a regular meeting held on the 8th day of Januazy 2013
and its second reading and adoption at a regular meeting of said City Council held on the 15th
day of January 2013; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
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Dat Donna R. Norris, CMC, City Clerk