HomeMy WebLinkAboutOrd 2018-3438ORDINANCE NO. 3438
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.63 –
“MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE
WHEREAS, on June 5, 2018, the City of Chula Vista submitted to the voters a measure
to approve an ordinance enacting a one-half cent general transactions and use tax, including
provisions for citizens’ oversight, separate accounting, and independent audits (“Measure A”);
and
WHEREAS, the voters approved the passage of Measure A, thereby adopting Ordinance
No. 3415 (“Ordinance 3415”), enacting the general transactions and use tax and requiring the
implementation of the oversight, accounting and audit provisions; and
WHEREAS, Ordinance 3415 specifically required the establishment of a Citizens’
Oversight Committee (“COC”), by ordinance, no later than 150 days following the date of the
election at which Measure A is approved by the voters; and
WHEREAS, Ordinance 3415 provided that the COC would function to: (i) consider the
annual Finance Department report on Measure A revenues and expenditures; (ii) review and
report on compliance with the terms of Ordinance 3415 and the City Council Intended Public
Safety Expenditure Plan; (iii) and review and report on each year’s spending plan for Measure A
revenues; and
WHEREAS, Ordinance 3415 also set forth the following requirements for the COC
members: (i) the members are to be appointed by the City Council in accordance with existing
City policies and (ii) they shall conduct the meetings in accordance with the Ralph M. Brown
Act; and
WHEREAS, Ordinance 3415 also set forth the following regarding the COC: (i) the COC
may be disbanded following the implementation of “Phase I” Critical Needs, as reported in the
Intended Public Safety Expenditure Plan and (ii) if the City Council elects to disband the COC,
the City’s Growth Management Oversight Commission, or an alternative citizens’ group or
committee designated by the City Council, shall be responsible for reporting to the City Council,
in a manner determined by the City Council, regarding the collections and expenditure of
Measure A Revenues and the resulting impacts on public safety; and
WHEREAS, in accordance with Measure A and Ordinance 3415 (codified as Chula Vista
Municipal Code Chapter 3.34), City staff has prepared a draft ordinance to add Chapter 2.63 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:
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Section I. That Chapter 2.63 is hereby added to the Chula Vista Municipal Code, to
read as follows:
Chapter 2.63
“MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE
Sections:
2.63.010 Creation.
2.63.020 Function.
2.63.030 Specific Duties.
2.63.040 Limits on Authority
2.63.050 Composition; Qualifications; Nomination.
2.63.060 City Council Appointment.
2.63.070 Terms; Vacancies.
2.63.080 Meeting Schedule.
2.63.090 Operating Rules and Procedures
2.63.100 Staff Support.
2.63.110 Dissolution date.
2.63.010 Creation.
There is hereby created the “Measure A Citizens’ Oversight Committee” (the “COC”). The COC
is created for the purpose of providing citizens’ oversight in connection with expenditures of tax
revenues generated by Measure A. Measure A is a one-half cent general transactions and use tax
approved by the voters on June 5, 2018. Measure A is codified as CVMC Chapter 3.34. To the
extent of any inconsistency between this ordinance and Measure A, the terms of Measure A shall
govern.
2.63.020 Function.
The function of the COC is to review and report on City compliance with the provisions of
Measure A, particularly with respect to the City’s accounting and expenditure of Measure A
revenues.
2.63.030 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 3.34.160.A); (2) “Measure A Spending Plan” (as defined in CVMC Section
3.34.160.B); and (3) Auditor Report (as described in CVMC Section 3.34.160.C).
B. Make determinations as necessary and appropriate regarding City compliance with
Measure A requirements.
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C. Work with City staff to identify and apply “best practices” for tracking and reporting on
Measure A revenues and expenditures relative to other Public Safety department revenues and
expenditures.
D. Prepare an annual report regarding subsection A, B and C above, for presentation to the
City Council at a public meeting.
2.63.040 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.
2.63.050 Composition; Qualifications; Nomination.
A. Members. The COC shall be comprised of eleven (11) 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.
C. Designated Members. Seven of the total eleven (11) 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 be a member of the
Chamber;
(2) Chula Vista Police Officers Association (POA); nominee(s) must be an active
member of this association;
(3) Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be
an active member of this association;
(4) Chula Vista Growth Management Oversight Commission; nominee(s) must be from
this commission;
(5) Association of Chula Vista Employee (ACE); nominee(s) must be an active
member of this association.
(6) Chula Vista Fire Chief
(7) Chula Vista Police Chief
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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 2.63.060.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. Four of the total eleven (11) 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. Each must maintain his/her district residency
throughout his/her tenure. At-large members shall apply to and be appointed by the City Council
in accordance with the process set forth in Section 2.63.060.B, 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.
2.63.060 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 term at issue,
but may be submitted for consideration for future terms.
B. At-large Members. At-large members shall be appointed in accordance with the
procedures set forth in CVMC Section 2.53.
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.
2.63.070 Terms.
A. In General. Initial terms of office shall be determined in accordance with City Charter
Section 602(b). The initial COC members shall be appointed and convene in accordance with
CVMC 3.34.160.D, in time to consider and provide input on the Intended Public Safety
Expenditure Plan.
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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.
2.63.080 Meeting Frequency.
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 3.34 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.
2.63.090 Operating Rules and Procedures.
Except as expressly provided herein, or as otherwise necessary to implement this Chapter or the
requirements of Measure A, 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 2.25.170. Any such bylaws must be consistent with terms
of this Chapter and all other applicable laws.
2.63.100 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.
2.63.110 Dissolution Date.
The COC may be disbanded following the implementation of “Phase I” Critical Needs, as
reported in the Intended Public Safety Expenditure Plan and (ii) if the City Council elects to
disband the COC, the City’s Growth Management Oversight Commission, or an alternative
citizens’ group or committee designated by the City Council, shall be responsible for reporting to
the City Council, in a manner determined by the City Council, regarding the collections and
expenditure of Measure A Revenues and the resulting impacts on public safety.
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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.
[SIGNATURES ON FOLLOWING PAGE]
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Ordinance No. 3438
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Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of August 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: Casillas Salas
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3438 had its first reading at a regular meeting held on the 7th day of August 2018
and its second reading and adoption at a regular meeting of said City Council held on the 14th
day of August 2018; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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8/22/2018