HomeMy WebLinkAboutOrd 2016-3370 ORDII�'ANCE NO. 3370
ORDT?�'ANCE OF THE CITY OF CHULA \'ISTA ADDI?vG
CHULA \'ISTA MU?�'ICIPAL CODE CHAPTER 2.�3.
APPOII�'TMEI�TT PROCESS TO FILL VACANCIES Ol�' THE
CITl' COUI�'CIL AI�'D SPECIFIED COA�A7ISSIONS. AI�TD
AMEND[i�'G SEC710NS 2.2�.0�0 AI�iD 2.43.0�0
ACCORDII�'GLY
li'HERE.AS; Chula Vista Charter section 303(C) provides circumstances under which an
appointment ma}� be made ro fill a �acant seat on the Cit�� Council; and
�1�HEREAS. on June 16, ZO1�. the Council adopted an Interim Appointment Process for
members of the Gro��th A4anasement Oversieht Commission. Pazks R Recreation Commission.
Planning Commission. and the rn�o seats on the Ci��il Sen�ice Commission appointed directl}� b�
the Cit�� Council (`Interim Appointmen[ Process ); and
1�'HEREAS, it is in the best interests of the Cit�� to implement the Interim Appointment
Process as the appointment process to be used ���hen filline a vacanc�� on the aforementioned
Commissions and �rhen filling a vacanc}� on the Cit�� Council b�� appointment pursuant to
Charter section 303(C).
N0�1'. THEREFORE. the Cit�� Council of the Cin� of Chula Vista does ordain as folloa�s:
SECTIO\ I
Chapter 2S3 is hereb�� added to the Chula Vista Municipal Code to read as fo1loN�s:
Chapter 2.53
APPOINTA4ENT PROCESS TO FILL VACANCIES ON THE CITI' COU\'CIL AND
SPECIFIED C011�11SSIONS
Sections:
2.53.010 Purpose and intent.
2.�3.020 Applicabilih�
2.53.030 Defioitions
2.53.040 Cih� Council Vacancy Appointments
2.�3A�0 Specified Cih� Commission �'acaoc� Appointments
2.�3.060 California Public Records Act and Ralph A7. Bro���n Act Compliaoce
2.�3.010 Purpose and intent.
The purpose of this Chapter is to set forth a fair and open appointment process to be used b�• the
Cit�� Council to fill Vacancies (defined belo��) on Specified Cit�� Commissions (defined belou)
and to fill \'acancies on the Citv Council ���here such appointment is authorized bv the Charter.
Ordinance No. 3370
PaQe No. 2
2.53.020 Applicabilih�
This Chapter applies to appointments to fill (a) any Vacancy (defined below) on the City Council
when the City Council has elected to fill such Vacancy by appointment as permitted under
Charter Section 303(C); and (b) any Vacancy on Specified City Commissions (defined belo��).
The appointment processes for seats on other City Commissions, where either nominations for
Vacancies are to be made by the Mayor, or H-here alternative appointment processes apply, aze
set forth elsewhere in this Code, in the Chapters and code provisions specificallv applicable
thereto.
2.53.030 Definitions.
A. "Application Period" means the timeframe during which applications are accepted for a
particular Vacancy (defined below). The Application Period for City Counci] Vacancies is
defined in section 2.53.040(C) below. The Application Period for Specified City Commission
Vacancies is defined in section 2.53.050(B) below. Once established, the Application Period
will be posted on the City's website.
B. "Interview' means the process at a public meeting by which applicants are given an
opportunity to present themseh�es to the City Council, and the City Council questions and
evaluates the applicants. Should an applicant be unable to attend the scheduled Interview, the
Council may elect to consider a letter of interest or interview by other means; such as telephone
or video conference, in lieu of an in-person meeting.
C. "Qualified Application` means an application received within the Application Period with all
of the required components. The application form shall be available through the City Clerk's
office and will specify the required components for an application to be deemed a Qualified
Application.
D. "Specified City Commissions ' means those City Commissions specified in CVMC Section
2.25.050(E) as follows: Grownh Management Oversight Commission; Planning Commission,
Pazks and Recreation Commission, and the two seats on the Civil Service Commission whose
members are appointed by the City Council directly.
E. `Vacancy� (or "Vacancies�'). For Specified City Commission seats, `Vacancy' is deftned in
accordance with Chapter 2.25.020(J). For City Council seats, "Vacancy' is defined in
accordance with Charter Section 303(A).
2.�3.040 City� Council Vacancy� Appointments.
A. The process for filling a Vacancy by appointment to the City Council is intended ro be
consistent with and implementing of Chula Vista Charter Section 303(C). To the extent there is
any conflict between the Charter and this Chapter 2.53, the terms of the Charter shall govern.
B. In the event of a City Council Vacancy, the City Clerk will work with City Staff to notifi� the
public of the Vacancy in accordance N�ith then applicable "best practices." At a minimum; notice
of the Vacanc�� will be posted on the City's website and at the Cit�� Clerk's Office.
Ordinance ?�TO. 3370
Pase No. 3
C. The Application Period shall commence on a date established b�� the Cit}� Clerk no later than
fi��e (�) calendar davs after the Vacancy is declazed by the Ciri Council in accordance N�ith
Chaner section 303(A) and end on the da�- fallin� fourteen (]4) calendaz da��s afrer the
commencement date. An indi�idual desirine to fill a Vacancv must submit a Qualified
Application during the .Application Period. The Citv Clerk Hill collect and pro��ide all Qualified
Applications recei�ed ��ithin the Application Period to the Mavor and each Councilmember no
later than 72 hours prior to the meetine scheduled for nominations or Inten�iew�s. Such
applications will be made available to the public at the same time. Applications recei��ed a8er the
established Application Period shall not be accepted. The Ma�or and each Councilmember shall
independentl}� revie�� all forwarded Qualified Applica[ions for the Vacanc}�.
D. Should four or fe���er Qualified Applications be recei��ed b�� the Citv Clerk within the
Application Period, folloN�ine the close of the Application Period, the appointment process shall
be as follo�vs:
l. At an open meetine of the Cit} Council. the n9a}�or and Cit�� Council shall collecti�el��
set a date and time to hold an Intervie�v of all applicants ��•ho have submitted a Qualified
Application durino the specified .Application Period.
Z. At the meetins set for Inten�ie�ti�s, an�� member of the public shall be afforded the
opportunin to speak to the item prior to commencement of the Intervie��� process.
3. The A4a�or and Cit�� Council ��ill then conduct the Inten�ie���s.
4. Public comment ���ill be solicited and allo���ed aeain afrer the Intervie��s.
�. Followine the Inten�ieH�s and any public comment, the Mavor and Cin� Council shall
publicly deliberate and select one indi��idual for each a�ailable position. The affirmati��e
votes of at least three Councilmembers are required for appointment.
E. Should five or more Qualified Applications be received by the Cit�� Clerk «ithin the
Application Period, following the close of the Application Period, the appointment process shall
be as folloH�s:
l. The City Clerk shall place an item on the agenda of an open City Council meeting_
indicating that nominations b�� the City Councilmembers for Inten�ie��s to fill the
Vacanc� ���ill tal:e place. The Vacancy and the names of applicants who ha��e submitted a
Qualified Application during the Application Period ���ill be listed.
2. At the meeting for nominations, am� member of the public, indudine am indi��idual
submittina a Qualified Application. shall be afforded the opportunity to speak to the
nomination item.
3. Follo���ins the public comment period, the A4avor and each Councilmember ���ill
complete a form indicatine one or more applicants each �vishes to nominate for an
Ordinance No. 3370
Page No. 4
Inten�iew and provide the form to the City Clerk. The forms submitted to the City Clerk
shall be public record and retained on file in the Office of the City Clerk.
4. The City Clerk shall then publicly announce each applicant receiving two or more
nominations and indicate that each Councilmember's nomination form is available for
public review.
�. The Mavor and City Council shall then collectively set a date and time to hold an open
meeting of the City Council for the purpose of interviewing each applicant who received
two or more nominations.
6. At the meeting set for Interviews, any member of the public shall be afforded the
opportunity to speak to the Interview item prior to fhe commencement of the Interview
process.
7. The Mayor and City Council will then conduct the Interviews.
8. Public comment will be solicited and allowed again afier the Interviews.
9. Follo��ing the Inten�iews and any public comment, tl�e Mayor and Ciry Council shall
publicly deliberate and select one individual for each available position. The affirmative
votes of at least three Councilmembers are required for appointment.
2.53.050 Specified Citv Commission Vacancy Appointments
The appointment process for filling Vacancies on Specified City Commissions shall be
consistent �i�ith the process for City Council appointments provided in Section 2.53.040 abo��e,
with the following exceptions:
A. In the event of a Vacancy, the City Clerk will follow current organizational best practices to
notify the public of the Vacancy. Vacancies shall be noticed and filled in accordance with the
requirements of Govemment Code sections 54970 et seq. (Maddy Act). The City Clerk will
maintain applications received for prospective membership on Specified City Commissions for a
minimum of two years.
B. For Vacancies that are noticed on the "Local Appointments Lisr' as defined and in accordance
N�ith Govemment Code 54972. the Application Period shall commence on the day tH�o }�ears
prior to the date of Vacancy and end thirty (30) days before the date of Vacancy. In the event of
an unscheduled Vacancy; the Application Period shall commence on the day two years prior to
the date of the notice of Vacancy, in accordance with Government Code section 54974, and end
twenty-one (21) days after such notice. In the event that fewer than three Qualified Applications
are received during the Application Period, tl�e Application Period may be extended by the City
Clerk for an additional fourteen (]4) days. Applications received after the established
Application Period shall not be accepted. In the event that an applicant submits more than one
Qualified Application for a Vacane�� durina the Application Period, the last Qualified
Application for the Vacancy received by the City Clerk shall be deemed the applicant's Qualified
Application.
1
Ordinance ir'o. 3370
Pase No. �
C. �'ithin ten (10) business da��s of the close of the Application Period, the Cim Clerk ��ill
pro��ide the Ma�-or and each Councilmember ��ith all Qualified Applications recei�ed within the
.Application Period. Such applications �vill be made available to the public at the same time.
2.�3.060 California Public Records Act and Ralph A9. Brown Act Compliance
Inten�ie«s and meetings that occur in accordance with this Chapter 2.�3 shall comph- with
Go��emment Code sections �49�0-�4963 (Ralph M. Bro�+m Act). Should ��Titten material be
submitted, such material shall be made a��ailable for public inspection, in accordance �vith
Go��emment Code sections 62�0-6276.48 (California Public Records Act) and w�ith the Ralph M.
Bro��m Act.
SECTION II
Chapter 2, Sections 2.2�A�0(C) and 2.Z�A�O(E) of the Chula Vista A4unicipal Code
regazding general rules for appointment to Commissions are hereb}� amended to read as follo�i�s:
2.2�.0�0 17embership — Applications — Interview, nomi�ation and appointment
process.
C. VJhen a vacanc�� occurs on a board or commission, the City Clerk shall fonvard applications
received for the ��acant position to the Ma��or, ��'ho shall re��iew the fornarded applications.
select applicants to be interviewed. inten�iew selected applicants. and ma}:e nominations for
appointment, subject to the City Council's approval. for all boazds and commissions except for
the Board of Ethics. Civil Sen�ice Commission. Gro�anh Manasement O��ersieht Commission.
Mobilehome Rent Revie�� Commission. Plannine Commission. and Pazks�and Recreation
Commission. �
E. Vacancies on the Growth n4anaaement O��ersiaht Commission. Plannina Commission. Parks
and Recreation Commission. and the t���o seats on the Civil Service Commission «hose members
are appointed b}� the Cin Council directh� shall be appointed in accordance �vith CV?�9C 2.�3.
[1Vote: �2.25A�0 Subsectio�s A, B, D, and F through H remain unchanged�]
SECTION III
Chapter 2. Section 2.43.0�0 of the Chula Vista A4unicipal Code reQardin� the
appointment process for the Civil Sen�ice Commission is hereb�� amended to read as follo��s:
2.�13.0�0 A7embership
In accordance �ti�ith Cit�° Charter Section 609. the Ci�il Service Commission shall consist of five
members appointed b� the Cit�� Council from the re�istered ��oters of the Ciiv. T�vo members
shall be appointed b�- the City Council from a list of four persons to be nominated b�� election of
the emplo��ees in the Classified Sen�ice: t���o members shall be appointed bv the City Council
J
Ordinance No. 3370
Page No. 6
directly, in accordance N�ith CVMC 2.53; the fifth member shall be appointed by the City
Council from a list of three persons nominated by the fow thus appointed. The successor of any
member of the Commission shall be nominated and appointed in the same manner as such
member��as nominated and appointed.
SECTION IV Severabilit�� �
lf an}� 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 in��alid, unenforceable or unconstitutional.
SECTION V Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or co�tradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
SECTION VI Effective Date �
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
SECTION VII Publication
The City Clerk shall certify to the passage and adoptioa of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
` -
�
Glen R�Goog�ns len R. Go gins
City Attomey ity Atto y
�"
Donna R. Norris
Cit�� Clerk
Ordinance I�'o. 3370
Paee?�'o. 7
PASSED. APPROV'ED. and ADOPTED b� the Citv Council of the Cit�� of Chula Vista.
California. this 26th da�� of Julv 2016. bv the follo�vine ��ote:
A1'ES: Councilmembers: Bensoussan. McCann. and Miesen
I�'AI'S: Councilmembers: None
ABSENT: Councilmembers: Aeuilar and Salas
1�4ar�� las. A4a��or
ATTEST:
_� /�
Donna R. \'oms. MC. Citv Clerk
ST.ATE OF CALIFORI`'IA )
COUI�'T1' OF SAN DIEGO )
CITY OF CHiJLA VISTA )
I. Donna R. i�'orris. Cit�� Clerk of Chula Vista. Califomia. do hereb.� cenif�� that the foreaoina
Ordinance No. 3370 had iu first readine at a reaular meetin2 held on the 12[h da�• of Julv 2016
and its second reading and adoption at a regulaz meetin� of said Cit�� Council held on the 26th
day of Jul}� 2016; and ���as dul�� published in summary form in accordance ���ith the requirements
of state law� and the Cin� Charter.
' � Dl � �'
Dated Donna R. 1�'orris. MC. Cit�� Clerk