HomeMy WebLinkAboutOrd 2016-3393ORDINANCE NO. 3393
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTERS 2.25, 2.33
AND 2.53 TO REVISE THE QUALIFICATION
REQUIREMENTS AND APPOINTMENT PROCESS
APPLICABLE TO THE CITY'S CULTURAL ARTS
COMMISSION
WHEREAS, the Cultural Arts Commission (`'Commission') was established to develop,
support and nurture ideas that expand and enrich arts and cultural opportunities for the entire
community; and
WHEREAS, in February 2012, as required by state legislation, the Chula Vista
Redevelopment Agency was dissolved; and
WHEREAS, on September 13, 2016, the City Council unanimously approved the Chula
Vista Cultural Arts Master Plan (Master Plan), which contemplates a qualified Cultural Arts
Commission, appointed in accordance with 2.25.050 E. and H.; and
WHEREAS, to remove those terms which no longer apply as a result of dissolution of the
Redevelopment Agency, and to be consistent with the Master Plan, City staff is recommending
that Chula Vista Municipal Code ("CVMC") Chapters 2.25, 2.33, and 2.53 be amended; and
WHEREAS, the proposed amendments to Chapter 2.33 will update the Commissioner
requirements consistent with the Master Plan, including requiring that a minimum of six
Commission members be professionals in the disciplines of arts and culture, including the
performing arts, fine arts, culinary arts, media arts or related arts disciplines; and
WHEREAS, the proposed amendments to CVMC Chapter 2.25 and 2.53 will require that
appointments to the Commission are made pursuant to the appointment process set forth in
CVMC Chapter 2.53, which is currently utilized for certain other City commissions, including
the Planning Commission and Growth Oversight Commission.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section L CVMC Amendments
Sections 2.25.050, 2.33.030, 2.33.040, 2.33.050, and 2.53 of the Chula Vista Municipal
Code shall be amended to read as follows:
2.25.050 Membership — Applications — Interview, nomination and appointment process
A. The City Clerk shall maintain applications for prospective membership on boards and
commissions. The application shall provide a place for an individual to state the reasons he
or she seeks appointment to a particular board or commission and his or her qualifications
for service on a particular board or commission.
Ordinance No. 3393
Page No. 2
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 boards and
commissions except for the Board of Ethics, Civil Service Commission, Cultural Arts
Commission, Growth Management Oversight Commission, Mobilehome Rent Review
Commission, Planning Commission, and Parks and Recreation Commission.
D. The Mayor shall forward applications for membership on the Board 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. Vacancies on the Cultural Arts Commission, Growth Management Oversight Commission,
Planning Commission, Parks and Recreation Commission, and the two seats on the Civil
Service Commission whose members are appointed by the City Council directly shall be
appointed in accordance with Chapter 2.53 CVMC.
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.
1. 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.
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2.33.030 Functions and duties
The functions and duties of the Cultural Arts Commission shall be as follows:
A. Encourage the preservation of Chula Vista's cultural heritage and the creation of an
atmosphere — a Chula Vista image — in which our citizens could take pride and have increased
stature.
B. Help coordinate and marshal support for the arts.
C. Encourage the provision of cultural and artistic facilities and features in public and
commercial construction.
D. Formulate recommendations for a City arts program, including funding mechanisms, criteria
for the selection and placement of public art, procedures for review plans, and guidelines to carry
out a City arts program.
E. Regularly assess, review and update recommended goals and long-range plans for the City;
and regularly solicit public input on the arts.
F. Encourage the development of arts and cultural programs for the youth of Chula Vista.
G. Promote the creation of a cultural environment to attract visitors and economic development.
The Commission, by having a definite focus and by demonstrating a high degree of commitment
to the arts, can conduct strategic long-range planning to help reach these goals.
2.33.040 Membership
The Cultural Arts Commission shall consist of nine voting members that represent a
diversity of backgrounds, to be appointed in accordance with Article VI of the City Charter, and
CVMC Chapter 2.25. Further, all nine (9) members shall demonstrate competence, knowledge
and experience in cultural arts; and a minimum of six (6) members shall be appointed from
among artists, educators, and those with professional qualifications and experience in disciplines
of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related
arts disciplines.
2.33.050 Meeting schedule
As required by the City Charter the Commission shall hold regular meetings and shall
establish the day, time and location for its regular meeting in accordance with CVMC 2.25.200.
2.53.030 Definitions
A. "Application period" means the time frame during which applications are accepted for a
particular vacancy (defined below). The application period for City Council vacancies is
defined in CVMC 2.53.040(C). The application period for specified City commission
vacancies is defined in CVMC 2.53.050(B). Once established, the application period will
be posted on the City's website.
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Page No. 4
B. "Interview" means the process at a public meeting by which applicants are given an
opportunity to present themselves 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
2.25.050(E) as follows: Cultural Arts Commission, Growth Management Oversight
Commission, Planning Commission, Parks 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 defined in
accordance with CVMC 2.25.020(J). For City Council seats, "vacancy" is defined in
accordance with Charter Section 303(A). (Ord. 3370 § 1, 2016).
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
Eric C. Crockett
Director of Economic Development
Approved as to form by
Ordinance No. 3393
Page No. 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December 2016, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS
ABSENT
Councilmembers: None
Councilmembers: None
�'
Mary S&L, Mayor
ATTEST:
• JtC�MC. City Clerk
S
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
1; Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3393 had its first reading at a regular meeting held on the 15th day of November
2016 and its second reading and adoption at a regular meeting of said City Council held on the
6th day of December 2016; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
2 2 2OLP '
Date Donna R. is, CNk, City Clerk