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HomeMy WebLinkAbout2013/01/08 Item 06CITY COUNCIL AGENDA STATEMENT ~`~~ CITY OF "-=-~ CHUTA VISTA JANUARY 8, 2013, Item ~P ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.25, "GENERAL RULES FOR BOARDS AND COMMISSIONS" SUBMITTED BY: C[TY ATTORNE _ _ CITY CLERK REVIEWED BY: CITY ATTORNEY// 4/STHS VOTC: YES ~ NO ~X SUMMARY Chula Vista Municipal Code (``CVMC") Chapter 2.25 sets forth the general rules governing the City's boards and commissions. 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, ``City Council Meetings." ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of.the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Staff recommends that the City Council introduce the ordinance and pass it to a second reading and adoption. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City has numerous boards and commissions which are governed by various Charter, and municipal code. provisions. In 2008, the City enacted CVMC Chapter 2.25, "General Rules for Boards and Commissions." That Chapter contains rules that are generally applicable to all City boards and commissions. It was last updated in 2011. Staff is now 6-1 JANUARY 8, 2013, Item Page 2 of 3 recommending additional amendments to Chapter 2.25 to address two issues that have come to light since the last amendment (i) the meaning of the terms "entire voting membership," and "entire membership;" and (ii) the. rules of decorum and .order applicable to meetings of City boards and commissions. City Charter Section 603 states; in pertinent part, "[t]he affirmative vote of a majority of the entire membership of such board or commission shall be necessary"for it to take any action except to adjourn." Chapter 2.25 provides the following definition: "`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."' Thus, Chapter 2.25 allows boards and commissions to act, even if not all seats specified in the enabling ordinance are filled. For example, if a commission consists of seven members, and-two members have termed-out, the commission could continue to act with five members until the City Council is able to appoint new members to the commission. Certain practical issues have arisen in connection with the implementation of this section. For instance, as written, the current language could be interpreted to allow boards and commissions to act, even if there .are only one or two seated members, which was not the intent of the ordinance. As a result, the City Attorney and City Clerk are recommending that it be revised as follows: - ' "`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 any_seats specified in • the Charter provision or ordinance creating the board or commission that is'~~unfilled due to an "event of vaeancy." pursuant to section ~ 25 020.7. below. Notwithstandnr~ Che fore<~oin~. at least one-hatP'of the ' seats specif ed in the Charter provision or ordinance cre<~tin~ the board or commission must be filled in order for the board or commission to act. For example ~ if a seven-member board has two vacancies the remainura five members constitute the "entire membership." Accordursiv, an cation 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." The second issue relates to the rules of order and decorum for board and commission meetings. CVMC Chapter 2.04 contains such rules for City Council meetings, which have historically been utilized at board and commission meetings as well. The proposed 6-2 JANUARY 8, 2013, Item ~ Page 3 of 3 amendment would amend Chapter 2.25 to add section 2.25.205, incorporating the relevant sections of Chapter 2.04 and specifically applying them to board and commission meefings: The sections proposed for incorporation are: 2.04.130, "Oral Communications," 2.04.170, "Presiding Officer Powers and Duties," 2.04.210, "Right to Address the Council - Limitations," 2.04.320, "Councilmembers -Decorum and Order to be Preserved," 2.04.330, "Audience -Decorum and Order," and 2.04.340, "Decorum and Order - Enforcement -Violation Deemed Misdemeanor." The proposed amendments are reflected in redline/strikeout format on Attachment A to this staff report. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found. in California Code of Regulations section 18704.2(a}(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from the adoption of this ordinance. ONGOING FISCAL IMPACT There is no fiscal impact resulting from the adoption of this ordinance. ATTACHMENTS Attachment A,- CVMC Chapter 2.25, sections 2.25.01.0, 2:25.020.E and 2.25.205, Reflecting Proposed Amendments , Prepared by: Jill D.S. Maland, Assistant City Attorney, City Attorney Department 6-3 ATTACHMENT "A" TO STAFF REPORT - "ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL- CODE CHAPTER 2.25, `GENERAL RULES OF BOARDS AND COMMISSIONS,"' JANUARY 8, 2013 (REFLECTING ONLY THOSE SECTIONS PROPOSED FOR AMENDMENT OR ADDITION) Chapter 2.25 GENERAL RULES FOR BOARDS AND COMMISSIONS Sections: 2.25.010 Applicability. 2.25.020 Definitions. - - 2.25.025 Operations -Conduct of Meetings 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. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008). ,. 2.25.020 De£nitions. For purposes of this chapter, the following words are 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 board or commission. It does not include ex officio members and does not include a~seats specified in the Charter provision or ordinance creating the board or commission that is'~~~at--~=~t unfilled due to an "event of vacancy," pursuant to section 2'.25.020.J., below. Notwithstanding the fore~oinq, 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 Meetings 6-4 Pursuant to City Charter section 603, board and commission meetings shall be open to the public. The rules applicable to City Council meetings re~ardinp 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 board and commission meetings. In applyin~ those code provisions to board and commission meetings, the terms "City Council," "Gifu Clerk," "council meeting," and "councilmember" shall be replaced with "board or .commission," "board or commission secretary," "board or commission meeting," and "board or commission member," respectively. I 6-5 ORDINANCE NO. ORDINANCE OF THE .CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER Z.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 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 decorum and order contained in CVMC Chapter 2.04, goverriing 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 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 particular board or commission, this chapter applies to all boards and commission§~ 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. 6-6 Ordinance Page 2 2.25.020 Definitions. For purposes of this chapter, the following words are 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 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 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 Meetings Pursuant to City Charter section 603, board 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 board and commission .meetings, 1n applying those code. provisions to board and commission meetings, the terms "City Council," '`City Clerk," "council meeting," and "councilmember" shall be replaced with "board or commission," "board 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 suppl"ament, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. 6-7 Ordinance Page 3 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. Presented By: Approved as to form by: . Donna R. Noms /'„~Gl~fi R. Gl6ogi City Clerk City Attorney,