HomeMy WebLinkAboutOrd 2014-3305 ORDI?v.4IvCE NO. 330�
ORDII�'ANCE OF THE CITY OF CHULA VISTA ADDII`'G
CHiJLA VISTA A4U2�'ICIPAL CODE CHAPTER 2.�1 -
"DISTRICTII�'G COMMISSION"
R'HEREAS, the City Charter ti�as amended in 2012 to pro��ide for election of Ciri�
Council members bv district; and
�i'HEREAS. Section 300S.A. of the amended Charter establishes the Districtine
Commission, �-hich is responsible for recommending to the City Council the Council districts b��
which Council members shall be elected: and
\1'HEREAS, Section 300.�.B. of the amended Charter pro��ides that the Ciri� Council
shall adopt ordinances, as necessar��, to provide for and support the Districtine Commission;
ensure timely selection of its members and implement its po���ers; and
V1'HEREAS, the City staff recommends that the Districting Commission members be
seated bv July 2014, and has prepazed a drafr ordinance to add Chapter 2.�1 to the Chula Vista
Municipal Code. establishing rules and procedures for the Districting Commission.
NOW. THEREFORE the Ciri� Council of the Citv of Chula Vista does ordain as follo���s:
Sectiou I. That Chapter 2.�1 is hereby added to the Chula Vista A4unicipal Code; to
read as folloH�s:
Chapter 2.�1
DISTRICTING COAIMISSION
Sections:
2.51.010 Creation.
2.�1.020 Purpose aod Inteut.
2.�1.030 Go��erning Law in Eveot of Couflict.
2.51.040 Functious and Duties.
2.51.050 Membership.
2.51.060 Appointment and Removal of Commission Members.
2.�1.0701�7embership Term.
2.51.080 Meetings.
251.090 Budget.
2.51.010 Creation
The Districtine Commission was created by Cit}� Charter Section 300.�. The pro��isions of
Sections 300.�. 602(c) and 60� of the City Charter, and the general rules governine boards and
commissions set forth in Chapter 2.2� CVA4C, shall eovern the Districtine Commission, except
as specifically pro��ided belo«. �
Ordinance ?�io. 330�
Page 2
2.51.020 Purpose and Intent
The purpose of this chapter is to supplement Cit}� Charter Section 300.5, ti�hich establishes the
Districtin� Commission and sets forth its powers and duties.
2.51.030 Governing Law in Event of Conflict
If there is any conflict between this chapter and the Charter, the Charter shall govem If there is
any conflict between this chapter and CVMC Chapter 2.25, this chapter shall govem.
2.51.040 Functions and Duties
The Districting Commission shal] hold the powers, and perForm the duties, enumerated in City
Charter Section 300.�. and shall:
A. Perform other duties and po�i�ers as the City Council may, by ordinance, confer upon the
Commission in order to carry out the Commission's powers and duties, consistent with Charter
section 300.5. The purpose of the initial Districting Commission shall be to recommend to the
City Council the Council districts by which City Councilmembers shall be elected. The purpose
of subsequent Districting Commissions shall be to recommend to the City Council adjustments
to the boundaries of those districts. based on Federal Decennial Census information.
B. Make recommendations to the City Council and consult with City staff.
C. Conduct itself in an open and transparent manner, including comply with the Bro�m Act,
engage public participation to the extent reasonably possible during the districting process, and
remain free from legislative influence.
Notwithstanding the foregoing, the Districting Commission shall not have the independent
authority to direct the conduct of any City employee.
2.5]A�0 Membership
A. In accordance with City Charier Section 300.5, the Districting Commission shall consist of
seven members; selected and appointed in the manner provided for in t6at Section.
B. The members of the first Districting Commission shall be appointed as soon as practicable.
with goals of having the Districting Commission members determined by .luly 2014, and City
Council approval of the initial Final Districting Plan by June 30, 2015.
2.51.060 Appointment and Removal of Commission Members
Notwithstanding CVMC section 2.2�.050, the follo���ing rules and procedures for member
appointment and removal shall apply to the Districting Commission:
A. Any person desirine to serve on the Districting Commission shal] apply by submitting an
application to the Cih� Clerk during the applicable application submittal period. The application
shall be on a form prepared by the City Clerk and approved by the City Attorney.
Ordinance No. 330i
Paee 3
B. The Cin� Clerk shall conduct a prima facie re��ie��� of each submitted application for
completeness. If the Cin� Clerk deems an application to be incomplete. the City Clerk shall
notifi the applicant of such and pro��ide the applicant an opportunin� to complete the appiication.
The submittal deadline shall not be extended to allow correction of incomplete applications; all
applications must be submitted to the Cit}� Clerk bv the dose of the application submittal period
in order to be considered.
C. Upon close of the application submittal period: the City Clerk shall revie��� all applications
submitted and determine the number of complete applications. If the Cit}� Clerk determines that
]ess than 10 complete applications have been submitted, the City Clerk shall estend the
application period, if legall}� permissible and if doine so ���ill not interfere with applicable
deadlines. The Cit}� Clerk estended application period shall be no more than one-half the leneth
of the initial application period.
D. Once all application submittal periods have closed, the Cin� Clerk shall fonvard all complete
applications to the Charter Revie�ti� Commission. Before doino so, the Citv Clerk shall redact the
applicants' personal contact information, includine address, phone numbers and e-mail
addresses; as permitted by lati�, and shall note on each application the zip code and general azea
of residence. b}� quadrant if feasible, for each applicant. Incomplete applications shall not be
forN�arded to the Charter Re��iew Commission for consideration.
E. The Charter Revie��� Commission shall consider the forwazded applications at an open
meetine to consider the ten most qualified applicants, pursuant to Charter Section 300.�.D.1. In
mal:ing the determination, pursuant to Charter section 300.�.D.3.a. through e., the Charter
Review Commission shall consider the applicants`:
1. Geographic diversin;
2. Relevant k:now�ledQe and/or demonstrated anal�nical abilities that �vould alloti�
the Districting Commission to cam� out its responsibilities with a hieh deeree of
competence; � �
� 3. Demonstrated ability to serve impanially in a non-partisan role;
4. Esperience in the areas of public communication and/or public outreach in the
Citv: and
�. Esperience in civic and/or volunteer acti��ities in the City.
In addition, to the eatent possible and as permitted by law, the Charter Review Commission shall
consider a��ailable information w�hich ���ould assist them in creating an applicant pool of inen and
�vomen �i�ho are reflecti��e of the Cih�`s racial and ethnic diversitv, in accordance �vith Charter
section 300.�.D3.a. The Charter Review Commission shall not use formulas or specific ratios in
identifi�ing w�hich applicants ���ill be included in the pool of ten.
F. The Charter Review Commission shall then o��ersee a process «�herebv four applicants are
selected. at random, from the pool of ten applicants chosen pursuant to subsection E., abo��e. The
Cit�� Clerk. or his or her desienee from the Cirv Clerk's office. shall assist the Commission in the
random selection by selecting four applicants bv lot.
Ordinance No. 330�
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G. The four randoml}�-selected applicants shall be sworn-in by the City Clerk and shall constitute
the first four members of the Districting Commission.
H. The members of the Charter Review Commission shall not communicate ��ith an}� member of
the City Council; or their representatives, about any matter related to the nomination process or
the applicants, prior to the s��earina in of the four members.
I. Once the first four members of a Districting Commission are appointed, they shall be provided
�vith the remaining six redacied applications. In accordance with Charter section 300.�.D3., the
initial four members of the Districting Commission shall consider the remaining forwarded
applications at an open meeting to select three additional members. The Districting Commission
shall select the most qualified applicants. in doing so, the Districting Commission shall consider
the applicants':
1. Geoeraphic diversity;
2. Relevant knowledge and/or demonstrated analytical abilities that would allow
the Districting Commission to carry out its responsibilities with a high degree of
competence;
3. Demonstrated ability to serve impartially in a non-partisan role;
4. Experience in the areas of public communication and/or public outreach in the
City; and
5. E�perience in civic and/or volunteer activities in the City.
In addition, to the extent possible and as permitted by law, the Districting Commission shall
consider available information which would assist it in meeting the goal of ensuring that the
Districting Commission consists of inen and women N�ho reflective of the City's racial, ethnic
and gender diversity, in accordance with Charter section 300.S.D3.a. The Districting
Commission shall not use formulas or specific ratios in identifying which applicants will be
selected. The selection of each member shall require at least three affirmative votes of the
Districting Commission.
J. The members of the Districting Commission shall not communicate with any member of the
City Council, or their representatives, about any matter related to the nomination process, or the
applicants. prior to the presentation of the three applicants to the City Council for approval.
K. The three applicants selected by the first four members of the Districting Commission shall be
appointed, unless the Ciry Counci] finds by at least four affirmative votes that the approval of
one or more of the nominees would be inconsistent with the goals enumerated in 300.S.D.3.
L. If; pursuant to Charter section 300.S.D.3., the Council must appro��e one or more additional
applicants, in lieu of those submitted to it for approval, it shall do so at its ne�t City Council
meetina. after reviewing the remaining applications.
M. Members of the Districtine Commission may be removed for cause in accordance with
CVMC 2.2�.110.
Ordinance No. 330�
Paee �
2.�1.070 Terms
A. Notw�ithstanding CVMC sections 2.2�.070-090, members of each Districtine Commission
shall serve from the time the}� are appointed until Dissolution of the Districting Commission,
pursuant to Charter Section 300.�.J.
B. Vacancies on a Districting Commission shall be handled in accordance ti�th Charter section
300.i.D.6. and CVMC sections 2.2�.100.A., and B.
2.�1.080 Meetings
I�'on��ithstandine CVA4C Section 2.2�?OO.A., each Districtine Commission shall establish its
regulaz meeting da}�. time and location by ���itten resolution, in accordance N�ith CVMC
�.�5.200.
2.�1.090 Budget
The City shall ensure that adequate funds aze appropriated for the Districtine Commission to
carry out its duties; includine the utilization of independent consultants pursuant to Charter
section 300.�.A3. The Cit}� Attome}�, with input from the Cit�� Clerk, shall submit the
appropriate budget requests to the Finance Director so that such requests can be included in the
City Manaoers proposed budget for the fiscal ��eaz durine �fiich the Districtine Commission
�vill be appointed.
2.�1.100 Implementing Procedures
The City Clerk and City Attome�� shall be authorized to create and implement administrative
rules and procedures as necessary, consistent �+�ith this chapter and with the Charter, for the
creation, establishment and management of the Districtine Commission.
Section II. Se��erabilih•
If any portion of this Ordinance, or its application to an�� person or circumstance, is for
an�� reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable. and such invalidin�, unenforceability or
unconstitutionality shall not affect the validin� or enforceabilin- of the remainine portions of the
Ordinance, or its application to anti� other person or circumstance. The City Council of the City of
Chula Vista herebv declazes that it �i�ould ha��e adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that an}� one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The Cit�� Council of the Cin� of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal la�v and this Ordinance shall be construed in
lieht of that intent.
Sectioo IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth da�� afrer its final passage.
Ordinance No. 330�
Pa�e 6
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 la��. .
Presented by Approved as to form by
� � ,�_ r,
Glen R. ogins Glen Googin
Ci Atto �y City Att rney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2�th day of March 2014, by the follo�+�ing vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
�
Chery Cos, n yor
ATTEST:
�I.�,�/G�u�.� /Vo�l�-o
Donna R. Norns; 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. 3305 had its first reading at a regular meeting held on the 11 th day of March 2014
and its second reading and adoption at a regular meeting of said City Council held on the 2�th
day of March 2014; and �;�as duly published in summary form in accordance with the
requirements of state law and the City Charter.
�Q,�rU-P i, ,�oi � ltiC�k,�w ��,`,t.�
Dated�— Donna R. Norr�s, CMC, City Clerk