The URL can be used to link to this page

Home My WebLink About2013/01/15 Item 07CITY COUNCIL AGENDA STATEMENT -_ ~ ~~~ CITY OF CHULA VISTA JANUARY 15, 2013, Item~_ ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.25, "GENERAL RULES FOR BOARDS AND COMMISSIONS" AMENDING THE INTERVIEW/NOMINATION PROCESS FOR THE BOARD OF LIBRARY TRUSTEES AND GROWTH MANAGEMENT OVERSIGHT COMMISSION FROM REQUIRING INTERVIEWS AND NOMINATIONS BY THE CITY COUNCIL TO REQUIRING INTERVIEWS AND NOMINATIONS BY THE MAYOR ~ ~~~_ SUBMITTED BY: CITY CLERK/CITY ATTORNEY 4/STHS VOTE: YES ~ NO ~X SUMMARY At its January 8, 2013 meeting, the Council directed staff to present an ordinance for its consideration amending Municipal Code section 2.25. Adoption of the ordinance would change the interview/nomination process for the Board of Library Trustees and Growth Management Oversight Commission from requiring interviews and nominations by the City Council to requiring interviews and nominations by the Mayor. The requirement for City Council approval of appointments to all Boards and Commissions would continue, pursuant to Chula Vista Charter section 602. 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 Section 15378 of the State CEQA Guidelines because the project will not result in a reasonably foreseeable physical change in the environment; 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 Council place the ordinance on first reading. 7-1 January 15, 2013 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Currently, Chula Vista Municipal Code section 2.25.050(C) requires nominations and interviews by the Mayor for all boards and commissions except 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 Pazks and Recreation Commission. Chula Vista Municipal Code section 2.25.050(E) requires nominations and interviews by the City Council for the Board of Library Trustees, Design Review Boazd, Growth Management Oversight Commission, Planning Commission and Pazks and Recreation Commission. At its January 8, 2013 meeting, at the request of Mayor Cox, a majority of the City Council directed staff to present an ordinance amending Chula Vista Municipal Code chapter 2.25 to remove the requirement fox nominations and interviews by the City Council for the Boazd of Library Trustees and Growth Management Oversight Commission, and to revert back to nominations and interviews by the Mayor with approval of appointments by the City Council City Charter section 602 requires City Council approval of all appointments to boards and commissions. The Charter does not address the nomination and interview process. The attached ordinance reflects the proposed amendments. 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 1 -Proposed Amendments to Chula Vista Municipal Code section 2.25.050(C) and 2.25.050(E) Also Attached: Ordinance amending Chula Vista Municipal Code chapter 2.25. Prepared by: Donna Norris, City Clerk 7-2 January 1~, 20li Attachment 1 CHLTLA VISTA MUNICIPAL CODE Chapter 2.25 GENERAL RULES FOR BOARDS AND COMMISSIONS 2.25.050 Membership -Applications -Interview, nomination and appointment process. A. The City Clerk shall maintain applications for prospective membership on boazds and commissions. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular boazd 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 boazds and commissions except for the'°°-a °`~ r ~"-°°•~ T~.°'°°°. Boazd of Ethics, Civil Service Commission, Design Review Board, ^-°••~" '`"°~°~ -•~°~' ^• °-°~••'-' Cissiet~Mobilehome Rent Review Commission, Planning Commission, and Parks and Recreation Commission. D. The Mayor shall forwazd applications for membership on the Boazd 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 forwazded applications for positions on the n,,,._a ~` T :"~^•" -rn.°`°°^, Design Review Board, ^ ~ n~ -- ^ ' '~~ ~'~~~•„~~~~°°, Planning Commission and Parks and p b 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. 7-3 January 15, 2013 Attachment 1 L 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. 7-4 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.25, "GENERAL RULES FOR BOARDS AND COMMISSIONS" AMENDING THE INTERVIEW/NOMINATION PROCESS FOR THE BOARD OF LIBRARY TRUSTEES AND GROWTH MANAGEMENT OVERSIGHT COMMISSION FROM REQUIRING INTERVIEWS AND NOMINATIONS BY THE CITY COUNCIL TO REQUIRING INTERVIEWS AND NOMINATIONS BY THE MAYOR WHEREAS, Chula Vista Municipal Code section 2.25.050(C) requires nominations and interviews by the Mayor for all boazds and commissions except the Boazd of Librazy 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; and WHEREAS, Chula Vista Municipal Code section 2.25.050(E) requires nominations and interviews by the City Council for the Board of Library Trustees, Design Review Boazd, Growth Management Oversight Commission, Planning Commission and Parks and Recreation Commission; and WHEREAS, At its January 8, 2013 meeting, at the request of Mayor Cox, a majority of the City Council directed staff to present an ordinance amending Chula Vista Municipal Code chapter 2.25 to remove the requirement for nominations and interviews by the City Council for the Board of Library Trustees and Growth Management Oversight Commission, and instead to require those nominations and interviews by the Mayor with approval of appointments by the City Council. NOW THEREFORE, the City Council of the City of Chula Vista does ordain: Section I. Chula Vista Municipal Code Sections 2.25.050(C) and 2.25.050(E) are hereby amended to read as follows: 2.25.050 Membership -Applications -Interview, nomination and appointment 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 Ethics, Civil Service Commission, Design Review Board, Mobilehome Rent Review Commission, Planning Commission, and Parks and Recreation Commission. 7-5 Ordinance No. Page 2 E. The Mayor and each Councilmember shall independently review forwarded applications for positions on the Design Review Board,. 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. 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 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. Presented By: Approved as to form by: Donna R. Noms City Clerk len R. ogins , ey 7-6