HomeMy WebLinkAboutOrd 2016-3394ORDINANCE NO. 3394
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.61 —
"MEASURE P" CITIZENS' OVERSIGHT COMMITTEE
WHEREAS, on November 8, 2016, the City of Chula Vista submitted to the voters a
measure to approve an ordinance enacting a one-half cent sales tax, for 10 years, including
provisions for citizens' oversight, separate accounting, and independent audits ("Measure P-):
and
WHEREAS, the voters approved the passage of Measure P, thereby adopting Ordinance
No. 3371 ("Ordinance 3371"), enacting the sales tax and requiring the implementation of the
oversight, accounting and audit provisions; and
WHEREAS, Ordinance 3371 specifically required the establishment of a Citizens'
Oversight Committee ("COC"), by ordinance, no later than December 31, 2016; and
WHEREAS, Ordinance 3371 provided that the COC would function to review and report
on City compliance with the terms of Ordinance 3371 as follows: (i) public review and comment
on each year's Finance Department Report, Measure P Spending Plan, and Auditor Report; (ii)
preparation of an annual report regarding same for presentation to the City Council at a public
meeting; and (iii) working with City staff to identify and apply "best practices" for tracking and
reporting on Measure P revenues and expenditures relative to other City revenues and
expenditures; and
WHEREAS, Ordinance 3371 also set forth the following requirements for the COC
members: (i) current elected City officials and employees are disqualified from membership; (ii)
the members are to be appointed by the City Council in accordance with existing City policies
and will include individuals with a range of expertise, including accounting, finance, and
engineering; and (iii) they shall conduct the meetings in accordance with the Ralph M. Brown
Act; and
WHEREAS, in accordance with Measure P and Ordinance 3371 (codified as Chula Vista
Municipal Code Chapter 3.33), City staff has prepared a draft ordinance to add Chapter 2.61 to
the Chula Vista Municipal Code, establishing rules and procedures for the Citizens' Oversight
Committee.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Chapter 2.61 is hereby added to the Chula Vista Municipal Code, to
read as follows:
Ordinance No. 3394
Page No. 2
Chapter 2.61
"MEASURE P" CITIZENS' OVERSIGHT COMMITTEE
Sections:
2.61.010
Creation.
2.61.020
Function.
2.61.030
Specific Duties.
2.61.040
Limits on Authority.
2.61.050
Composition; Qualifications; Nomination.
2.61.060
City Council Appointment.
2.61.070
Terms.
2.61.080
Meeting Schedule.
2.61.090
Operating Rules and Procedures.
2.61.100
Staff Support.
2.61.110
Dissolution date.
2.61.010 Creation.
There is hereby created the "Measure P Citizens' Oversight Committee" (the "COC"). The COC
is created for the purpose of implementing Section 3.33.160.D of Measure P. Measure P is a
temporary one-half cent sales tax measure approved by the voters on November 8, 2016.
Measure P is codified as CVMC Chapter 3.33. To the extent of any inconsistency between this
ordinance and Measure P, the terms of Measure P shall govern.
2.61.020 Function.
The function of the COC is to review and report on City compliance with the provisions of
Measure P, particularly with respect to the City's accounting and expenditure of Measure P
revenues.
2.61.030 Specific Duties.
The specific duties of the COC are as follows:
A. Review and comment on each year's: (1) "Finance Department Report" (as defined in
CVMC Section 3.33.160.A); (2) "Measure P Spending Plan" (as defined in CVMC Section
3.33.160.13); and (3) Auditor Report (as defined in CVMC Section 3.33.160.C).
B. Prepare an annual report regarding subsection A., above, for presentation to the City
Council at a public meeting.
C. Work with City staff to identify and apply "best practices" for tracking and reporting on
Measure P revenues and expenditures relative to other City revenues and expenditures.
Ordinance No. 3394
Page No. 3
2.61.040 Limits on Authority.
Per Charter Section 600, the COC shall have no authority to direct the conduct of any
department. The COC is advisory in nature, and as such shall have no authority to approve,
disapprove or prevent any City action.
2.61.050 Composition; Qualifications; Nomination.
A. Members. The COC shall be comprised of sixteen (16) members, each with equal rights
and standing to act and vote on COC matters.
B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC
members must be "qualified electors" of the City. A "qualified elector" of the City is a City
resident that is qualified and registered to vote as a City resident. COC members must be
"qualified electors" at the time they apply and must maintain such status throughout their tenure.
No COC member may be a current City employee or current elected City official per the
requirements of Measure P (CVMC Section 3.33.I60(D)).
C. Designated Members. Eleven of the total sixteen (16) COC members shall be nominated,
apply and serve as "designated members." "Designated members" shall be nominated, one each,
by the following nominating authorities (each a 'Nominating Authority, collectively the
'Nominating Authorities"), subject to the additional membership qualifications, if any, specified
for each:
(1) Chula Vista Chamber of Commerce; nominee(s) must have expertise and
experience in at least one of the following areas: accounting, finance, engineering, or a related
discipline (including construction);
(2) San Diego County Taxpayers Association; nominee(s) must have expertise and
experience in at least one of the following areas: accounting, finance, engineering, or a related
discipline (including construction);
(3) Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council
Board Member;
(4) Chula Vista Parks and Recreation Commission; nominee(s) must be from this
commission;
(5) Chula Vista Growth Management Oversight Commission; nominee(s) must be from
this commission:
(6) Sustainability Commission (formerly known as the Resource Conservation
Commission); nominee(s) must be from this commission;
(7) Chula Vista Director of Public Works; nominee(s) must have expertise and
experience in engineering or a related discipline (including construction);
(8) San Diego and Imperial Counties Labor Council;
Ordinance No. 3394
Page No. 4
(9) Alliance of Californians for Community Empowerment, San Diego branch;
(10) Chula Vista Fire Chief, and
(11) Chula Vista Police Chief.
Designated members shall be selected for nomination by the Nominating Authorities in
accordance with policies and procedures that each Nominating Authority establishes for itself.
Up to three nominees may be presented for City Council consideration in accordance with the
appointment process set forth in Section 2.61.060.A, below. If any of the listed Nominating
Authorities decline to exercise their nominating authority in a timely fashion, or if any ceases to
function or exist, that party's nominating authority shall pass to a substantially similar
organization selected by the City Council.
D. At -Large Members. Five of the total sixteen (16) COC members shall apply and serve as
representatives of the City "at -large." "At -large members" shall be comprised of one resident
from each of the four City Council districts, and one member who may be a resident of any one
of the four districts. Each must maintain his/her district residency throughout his/her tenure. For
at -large members, expertise and experience in accounting, finance, engineering, or a related
discipline (including construction), is desirable, but is not required. At -large members shall apply
to and be appointed by the City Council in accordance with the process set forth in Section
2.61.060.13, below. If re -districting occurs such that one or more at- large member no longer
qualifies for his/her assigned district, he/she shall nonetheless be entitled to serve out the
remainder of his/her term, with a qualified replacement to be appointed and seated for the
succeeding term.
2.61.060 City Council Appointment.
A. Designated Members. Designated members shall be appointed by the City Council as
follows: Nominating Authorities shall submit the names and contact information for their
nominee(s) ("Designated Nominees") to the City Clerk on a form prescribed by the City Clerk.
The City Clerk shall provide the Designated Nominees with instructions to complete and submit
applications to the City Clerk within a specified time period. Completed applications timely
received by the City Clerk shall be forwarded to the City Council. The City Council shall
consider all applications received from the City Clerk and provide each nominated applicant an
opportunity for an interview at a publicly noticed meeting. If a Nominating Authority presents
the City Council with two or three nominees for consideration; and those nominees properly
apply, the City Council shall make its appointment by choosing among the two or three
nominees presented. If a Nominating Authority presents the City Council with only one
nominee, the City Council may reject such nomination by majority vote and request an
alternative submittal. Once rejected, a nominee may not be re -submitted for the terns at issue,
but may be submitted for consideration for future terms.
B. At -lame Members. At -large members shall be appointed in accordance with the
procedures set forth in CVMC Section 2.53.
Ordinance No. 3394
Page No. 5
C. Administration. The City Clerk shall administer the appointment process set forth above,
including the development and publication of all necessary forms. The City Clerk shall have the
authority to develop additional administrative policies and procedures to the extent necessary to
implement the terms of this Chapter.
2.61.070 Terms.
A. In General. Terms for COC members shall be four years, with a maximum tenure of two
consecutive four-year terms. The initial COC members shall be appointed by no later than April
1. 2017. Initial terms shall commence upon assumption of office and shall expire on June 30,
2021.
B. Special Rules for Designated Members. Special rules shall apply to COC members that
are nominated and qualified through their membership on the board of their Nominating
Authority. For such members (hereafter; 'Board Qualified COC Members"), if the underlying
term on the board for their Nominating Authority expires, they may, nonetheless, continue to
serve on the COC until the end of their COC term, provided that they receive the approval of
their Nominating Authority board to do so. Otherwise. Board Qualified COC Member terms
shall be co -terminus with their terms on their underlying Nominating Authority boards. The
Nominating Authority shall notify the City Clerk in writing prior to the end of the Board
Qualified COC Member's term if the Nominating Authority does not authorize their seated
member to continue and desires to submit a new nominee or nominees for consideration.
2.61.080 Meeting Schedule.
In accordance with CVMC Section 2.25.200, the COC shall set the date, time and location of its
regular meetings by written resolution and may change its regular meeting day, time or location
by written resolution. The COC shall meet as often as necessary to accomplish the objectives of
Chapter 3.33 and this Chapter. It is estimated that the COC will need to meet a minimum of four
times per year to fulfill its assigned duties.
2.61.090 Operating Rules and Procedures.
Except as expressly provided herein, or as otherwise necessary to implement this Chapter or the
requirements of Measure P. the rules governing City boards and commissions generally, as set
forth in CVMC Chapter 2.25, shall govern the COC. The COC shall also operate in accordance
with the Ralph M. Brown Act; this includes requirements that meetings be noticed in advance
and be held in public. The COC may also adopt additional rules and procedures in the form of
bylaws as provided in CVMC Section 2.25.179. Any such bylaws must be consistent with terms
of this Chapter and all other applicable laws.
2.61.100 Staff Support.
The City Manager; and/or his/her designee(s), shall serve as the City staff liaison to the COC and
shall provide it with administrative support; including designation of a COC staff secretary. The
City Attorney, and/or'his/her designee(s), shall provide the COC with legal counsel and support.
Ordinance No. 3394
Page No. 6
2.61.110 Dissolution Date.
The COC shall automatically dissolve at such time that all Measure P revenues have been
collected, expended and accounted for, and that the COC shall have fulfilled all of its
responsibilities with respect thereto. With the Measure P tax expiring on March 31, 2027, it is
currently estimated that the COC dissolution shall occur on or about December 31, 2028.
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
contradict, the City Charter, and applicable state and federal law. 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
Gary albeit /Glen R'Googinst
City Manag City Attorney ��
Ordinance No. 3394
Page No. 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of December 2016, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Sa , Mayor
ATTEST:
Donna. orris, MC, 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. 3394 had its first reading at a regular meeting held on the 6th day of December
2016 and its second reading and adoption at a regular meeting of said City Council held on the
13th day of December 2016; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
'2 23 2�I
Dated Donna R. o S. MC, City Clerk