HomeMy WebLinkAbout2013/01/15 Item 02ORDINANCE No. READING AND ADOPTION
SECOND
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 roles governing the City's boards 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 decomm 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 225.020.E., as reflected on Attachment "A" to the staff report
accompanying this item; and
' WHEREAS, the proposed amendments aze intended to clarify that a board 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 board or
commission are 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 particulaz boazd 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-~
Ordinance
Page 2
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 are eligible and entitled to vote as members of
a boazd.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 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 aseven-member
board 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 board 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 Meefings
Pursuant to City Charter section 603, board and commission meetings shall be open to
the public. The rules applicable to City Council, meetings regazding oral
cotnmunications, addressing members, presiding officer powers and duties, and
decorum and ordei, 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 "councihnember" shall be replaced
with "board or commission," "boazd or commission secretary," "board or commission
meeting," and "board 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 declares 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 declared 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.
2-2
Ordinance
Page 3
Section TV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day afrer its final
passage.
Section V. Publicafion
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.
Presented By: ~ Approved as to form by: .
c
Donna R. Noms Cq G~ R. G ogins
City Clerk ~° `City Attorney,