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HomeMy WebLinkAboutOrd 2002-2882ORDINANCE NO. 2882 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.41.040, 2.41.050, AND 2.41.060 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE VOTING MEMBERSHIP OF THE NATURE CENTER BOARD OF TRUSTEES WHEREAS, the City Council adopted Ordinance No. 2852 establishing Section 2.41 of the Municipal Code and creating the Nature Center Board of Trustees; and WHEREAS, to provide greater flexibility in the membership appointment process and to address concerns by some outside agencies involved with the Board of Trustees, staff has recommended modifying the code related to voting membership. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I: That Section 2.41.040 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.41.040 Membership. A. Number of Members. The Board of Trustees shall consist of a minimum of 5 and a maximum of 9 voting members, one staff ex-officio member and such general ex-officio members of the Board of Trustees as the City Council shall, from time to time, appoint. B. Designation of Members. 1. Voting Members. The voting members shall be appointed by the City Council in accordance with the provisions of Section 600, et seq., of the Charter. 2. Staff Ex-Officio Member. The one staff ex-officio member shall be the City Manager or his designated representative, who shall not be required to be a qualified elector of the City, and who shall have no vote ("staff ex-officio member"). 3. General Ex-Officio Members. The City Council, or its designee, may appoint such additional ex-officio members of the Board of Trustees as they deem appropriate. Any such appointed ex-officio members shall have no vote ("general ex-officio member"). SECTION II: That Section 2.41.050 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.41.050 Term of Office. A. Term of Office - All Classes of Members. 1. Post-Initial Terms. Except as otherwise provided in this subsection (A), the term of office of all members, and all classes of members, of said Board of Ordinance 2882 Page 2 Trustees shall be for a nominal period of four years, and shall terminate on June 30th of the fourth year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office. 2. Initial Terms of Voting Members. Notwithstanding subsection (A)(1) of this section, the initial terms of voting members shall commence upon appointment and shall conclude for 1 voting member on June 30, 2003; for 2 voting members on June 30, 2004; and for 3-voting members on June 30, 2005, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold office. a. Appointment to Initial Terms by Lot. Appointment of the initial voting members as to the initial terms shall be determined by lot, the fairness of which method shall be approved by the Mayor in advance if agreement as to method cannot be reached among the voting members. 3. Staff-Ex-Officio Member. The term of the staff ex-officio members shall be indefinite. 4. General Ex-Officio Member. The term of general ex-officio members shall be for a period of four years from the time of appointment. 5. Holdover Office. Notwithstanding the end of any member's initial term or post-initial term as herein provided, a member, other than the staff ex-officio members, shall be permitted to continue to exercise the privileges of his or her former office for not longer than six months after the end of the term until the office to which the member was appointed is filled by reappointment or by the appointment of a qualified successor. 6. Vacancies. Notwithstanding the term of office to which a member is appointed, said office shall be deemed vacant upon any of the following events ("event of vacancy"): a. The death or disability of said member that renders said member incapable of performing the duties of his office. b. The member's conviction of a felony or crime involving moral turpitude. c. The member's absence from three regular consecutive meetings of the Board of Trustees unless excused by majority vote of the Board of Trustees, expressed in its official minutes. d. The member has submitted a resignation, which resignation has been accepted by the City Council. e. The membership has been terminated by four affirmative votes of the City Council. Upon the occurrence of an event of vacancy as hereinabove listed, the City Council shall so declare the office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy. Ordinance 2882 Page 3 Number of Terms. 1. Voting Members. a. Two-Term Limit. No voting member shall be appointed to more than two terms except as herein provided ("two-term limit"). b. Unexpired Term Exception. Notwithstanding the two-term limit, a person appointed to the Board of Trustees as a voting member to fill the unexpired term of an office of a voting member which has become vacant ("unexpired term"), which has less than two years remaining on said unexpired term, may be appointed to two terms in addition to their unexpired term. A voting member who currently occupies an office may not be reappointed to fill the nnexpired term of another office which has become vacant. c. Initial Term Exception. Notwithstanding the two-term limit, a person appointed to an initial term of two or less years may be appointed at the natural expiration of their initial term to two full four-year terms in addition to their initial term. A voting member who occupies an office under an initial term may not be appointed to fill the unexpired term of another office which has become vacant. d. Any voting member may be reappointed to serve on the Board of Trustees after two successive years of not serving on the Board of Trustees in any office or membership capacity - voting or staff ex-officio. 2. Staff Ex-Officio Member. The staff ex-officio members shall serve at the pleasure of the City Council. 3. General Ex-Officio Members. A general ex-officio member may be reappointed without limitation as to number of terms. SECTION III: That Section 2.41.060 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.41.060 Operation of Board of Trustees. A. Frequency, Time and Place of Regular meetings. The Board of Trustees shall hold at least on regular meeting each month commencing at 4:00 p.m. on the first Wednesday thereof, or at such other day and time that it shall designate by written resolution, a copy of which shall be forwarded to the City Council and entered in the minutes of the meeting thereof, at the Chula Vista Nature Center, Chula Vista, or at such other place that it shall designate by written resolution, a copy of which shall be forwarded to the City Council and entered in the minutes of the meeting thereof, or as may be posted upon the door of Nature Center at least 30 minutes in advance of the meeting. B. Officers of the Board of Trustees. The Board of Trustees shall select a chair and a vice-chair from among its voting members. The chair and vice-chair so selected shall serve for a period of one year. Ordinance 2882 Page 4 C. Special meetings. The Board of Trustees may meet specially at such other times, days and places as it shall establish by majority vote, or at such time as the chair thereof may call, or at such times as a majority of the members thereof may call a meeting. D. Conduct of Meetings. The meetings of the Board of Trustees, and notice thereof, shall be governed by the same roles and regulations by which the City Council is bound in the conduct of public meetings. E. Quorum. A majority of the voting members appointed at the time of the meeting shall constitute a quorum for the transaction of business. F. Resolutions. A majority of the votes cast, but not less than a majority of the quorum, shall be required for the passage of any resolution of the committee. G. Reports and Recommendations. All reports and recommendations shall be made in writing. H. Staff Support. All officers and department heads shall cooperate with, and render reasonable assistance to, the Board of Trustees. The City Manager may make available staff and clerical support to the Board of Trustees to fulfill its functions and duties, provided such staff and clerical support is available. I. Rules and Regulations. The Board of Trustees may make such roles and regulations not inconsistent with the provisions of this chapter. J. Gifts and Grants. The Board of Trustees may, subject to the approval of the City Council, accept gifts and grants from any source to assist it in the performance of its functions. K. By-Laws. The Board of Trustees may pass such other and further roles and regulations regarding the internal affairs of the Board of Trustees as are not inconsistent with the terms and conditions of this chapter. SECTION IV: This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading and adoption. Prepared by Approved as to form by Da Nature Center Director Ordinance 2882 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of November, 2002, by the following vote: AYES: NAYS: ABSENT: Councilmembers: Councilmembers: Councilmembers: Davis, Padilla, Rindone, Salas and Horton None None ATI'EST: Shirley Ho~on, Mayor Susan Bigelow, City Clerl~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2882 had its first reading at a regular meeting held on the 22nd day of October, 2002 and its second reading and adoption at a regular meeting of said City Cotmcil held on the 5th day of November, 2002. Executed this 5th day of November, 2002. Susan Bigelow, City Clerk