HomeMy WebLinkAboutOrd 2016-3380ORDINANCE NO. 3380
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTERS 2.25,
"GENERAL RULES FOR BOARDS AND COMMISSIONS,"
AND 2.32 "RESOURCE CONSERVATION COMMISSION."
CHANGING THE COMMISSION NAME TO THE
`'SUSTAINABILITY COMMISSION'
WHEREAS, in 1980, the City Council adopted Ordinance No. 1928 renaming the
Environmental Control Commission to the Resource Conservation Commission reflective of the
changing responsibilities of the commission; and
WHEREAS, in 2008, the City Council adopted Ordinance No. 3111 adding Municipal
Code Chapter 2.25, General Rules for Boards and Commissions; and
WHEREAS, in 2016, the City restructured the Economic Development Department
creating the Office of Sustainability Section from the Conservation and Environmental Services
Sections: and
WHEREAS, the Economic Development Department Office of Sustainability provides
the administrative support, working in conjunction with the Resource Conservation
Commissioners; and
WHEREAS, the Resource Conservation Commission feels that the word "Sustainability'
more clearly describes the work they do and recommends to City Council to change the name of
the commission.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain to change
the name of the Resource Conservation Commission to the Sustainability Commission
modifying the City Municipal Code as follows:
Section I.
a) That sections 2.25.020, 2.25.030, and 2.25.040 of Chula Vista Municipal Code Chapter
2.25 "General Rules for Boards and Commissions." be amended to read as follows:
Ordinance No. 3380
Page No. 2
2.25.020 Definitions
For purposes of this chapter, the following words are defined:
B. "Boards and commissions" include: (1) boards and commissions established by the
Chula Vista Charter: Board of Library Trustees, Civil Service Commission, Parks and
Recreation Commission, and Planning Commission; and (2) boards and commissions
established by the City Council: Access Appeals Board, Board of Appeals and Advisors,
Board of Ethics, Charter Review Commission, Child Care Commission, Commission on
Aging, Cultural Arts Commission, Economic Development Commission, Growth
Management Oversight Commission, Housing Advisory Commission, Human Relations
Commission, International Friendship Commission, Mobilehome Rent Review
Commission, Safety Commission, Sustainability Commission, Veterans Advisory
Commission, and other boards or commissions subsequently created by City Charter or
ordinance.
b) That CVMC Chapter 2.32 be amended to read as follows:
SUSTAINABILITY COMMISSION*
Sections:
2.32.010
Creation.
2.32.020
Purpose and intent.
2.32.030
Statement of City goals and policies.
2.32.040
Functions and duties.
2.32.050
Administrative functions.
2.32.060
Membership.
2.32.070
Meeting schedule.
2.32.090
Repealed.
2.32.100
Repealed.
* For provisions of the Environmental Quality Act of 1970 generally, see Public Resources
Code 21000, et seq.; for provisions authorizing attorney general intervention in matters of
environmental concern, see Gov. Code § 12600, et seq.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.010 Creation.
The Resource Conservation Commission was created by ordinance in 1980; that Commission
has been renamed the Sustainability Commission (the "Commission"). The provisions of Article
VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission.
(Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
Ordinance No. 3380
Page No. 3
2.32.020 Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create a
broadly based multi -functional commission to provide citizens' advice to the City Council in the
areas of energy and water conservation, resource recovery, environmental sustainability, and
other related fields as determined by the City Council. The Commission shall also provide
citizens' advice to the other boards and commissions, the City Manager and members of the City
Manager's staff on these matters. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2,
1980).
2.32.030 Statement of City goals and policies.
The goals and policies of the City that relate to the duties of the Sustainability Commission are:
A. Create and maintain sustainable conditions under which man and nature can exist in
productive harmony to fulfill the social and economic requirements of present and future
generations;
B. Take all actions necessary to provide the people with clean air, land, and water, enjoyment of
aesthetic, natural and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish or wildlife species due to population intrusion, assist in
assuring that these populations do not drop below self-perpetuating levels, and preserve for
future generations representations of indigenous plant and animal communities;
D. Ensure that the long-term protection of the environment shall be the guiding criterion in
decisions by the City;
E. Maximize the conservation and efficient utilization of nonrenewable energy resources, and
encourage the utilization of renewable energy sources;
F. Maximize the recovery, recycling and reuse of discarded resources and minimize waste
generation through City action and cooperation with other public agencies and private concerns;
G. Seek the fair treatment and meaningful involvement of all Chula Vista citizens with respect to
the development, implementation and enforcement of environmental laws, regulations and
policies;
H. Minimize any conflict with any national, state, regional or local environmental goals. (Ord.
3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.040 Functions and duties.
A. The Commission shall provide the City Council with a citizens' assessment of the following:
1. The effectiveness of proposed goals, policies, procedures and regulations of the City in
accomplishing the purpose, intent and goals of this chapter;
2. The extent to which the capital improvement program implements this chapter;
B. The Commission may submit to the City staff other boards or commissions, or the City
Council recommendations concerning existing or new goals; policies, procedures or regulations
necessary to implement this chapter; y y
Ordinance No. 3380
Page No. 4
C. The Commission may recognize individuals or groups in the community who have
implemented notable measures to foster the purpose, intent and goals of this chapter;
D. The Commission may hold hearings relating to any matter under investigation or in question
before this Commission;
E. With regard to energy and water conservation and resource recovery:
1. The Commission shall review and make a recommendation to the City Council for the
disposition of appeals regarding the administration of CVMC Title 20, Energy and Water
Conservation, except those portions which are within the scope of the Board of Appeals and
Advisors and the Planning Commission.
2. The Commission shall review and make a recommendation to the City Council for the
disposition of appeals regarding the administration of Chapter 8.24 CVMC, Solid Waste and
Litter, and Chapter 8.25 CVMC, Recycling, except those portions which are within the scope
of the Planning Commission. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2,
1980).
2.32.050 Administrative functions.
A. In the event that private funds or funds from other governmental agencies are made available
for special projects, surveys, educational programs or general program support, the City Manager
is authorized, upon recommendation of the Commission and approval of the Council, to enter
into appropriate contracts for the utilization of such funds in furtherance of the purpose and
intent of, and the duties and functions of, the Commission.
B. The Sustainability Commission shall have no power or right to acquire any property for or on
behalf of itself or the City, nor shall it acquire or hold any money for itself or on behalf of the
City. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.060 Membership.
The Sustainability Commission shall consist of seven members, to be appointed in accordance
with Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 6, 2011).
2.32.070 Meeting schedule.
The Commission shall hold its regular meetings on the second Monday of each month at a place
and time determined by resolution of the Commission. The Commission may change its regular
meeting day, time, or location by written resolution in accordance with CVMC 2.25.200. (Ord.
3211 § 6, 2011).
2.32.090 Historical site permit process.
Repealed by Ord. 3198 § 3, 2011. (Ord. 1928 § 2, 1980).
2.32.100 Implementation of Sustainability Commission functions in designated areas by
Chula Vista redevelopment corporation.
Repealed by Ord. 3153 § 2 (Exh. B), 2010. (Ord. 3009 § 2, 2005).
Ordinance No. 3380
Page No. 5
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.
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
ric C. Crockett
Director of Economic Development
Approved as to form by
Gen R. Go6 gins
Ci rney
Ordinance No. 3380
Page No. 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of November 2016, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
, /
ATTEST:
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Donna R4 orris, C, 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. 3380 had its first reading at a regular meeting held on the 1st day of November
2016 and its second reading and adoption at a regular meeting of said City Council held on the
8th day of November 2016; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
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Dated Donna R. N s, CMC, ity Clerk