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HomeMy WebLinkAbout2007/05/01 Item 4 CITY COUNCIL AGENDA STATEMENT ~f::. CITY OF .....H~ (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: MAY 1, 2007, Item~ ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT ,~ SUSAN BIGELOW, CITY CLE~W DAVID PALMER, ASSIST~~ C)J;Y MAN~GE LIBRARY DIRECTOKd(j) BUCK MARTIN, RE;,r:ATION DIRECT CITY MANAGER j! 4/5THS VOTE: YES D NO ~ BACKGROUND Chapter 2.16 of the Municipal Code currently provides for a Library and Recreation Department, which has evolved into two separate departments. Adoption of the proposed ordinance establishes the Recreation Department and the Library Department and assigns duties and responsibilities to their directors. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIVIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION Council place the ordinance on first reading. BOARDS/COMMISSION RECOMMENDATION Not applicable. 4-1 MAY I, 2007, Item---1- Page 2 of2 DISCUSSION This is the first of many Municipal Code housekeeping amendments to be presented for Council consideration. Currently, Chapter 2.16 of the Municipal Code establishes the Library and Recreation Department, outlines duties and limitations of authority of its director, and re-establishes the Charter-created Parks and Recreation Commission. The Library and Recreation Department has evolved into two separate departments, the Library Department and the Recreation Department. The proposed ordinance amends the Municipal Code to accurately reflect the establishment and duties of each separate department. Another ordinance will be presented in the future to withdraw the Parks and Recreation Commission from Chapter 2.16, assign it its own chapter number, and place it in the Code along with all other boards and commissions. (City Clerk, Assistant City Manager/Library Director, Recreation Director). DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT The only cost is the minor cost to codify the ordinance into the Municipal Code, and funds have been budgeted for this purpose in the City Clerk's supplies and services account. ATTACHMENTS Draft ordinance Municipal Code strike-out versions Prepared by: Susan Bigelow. City Clerk 4-2 DRAFT ORDINANCE NO. 2007- ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT WHEREAS, Municipal Code Sections 2.16.010 through 2.16.050 establish the Library and Recreation Department; and WHEREAS, the Library and Recreation Department has evolved into two separate departments, the Library Department and the Recreation Department; and WHEREAS, the City Council wishes to amend the Municipal Code to accurately reflect the establishment and duties of each separate department. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: Sections 2.16.010 through 2.16.050 of the Municipal Code are hereby repealed in their entirety. SECTION II: New Sections 2.16.010 and 2.16.020 are hereby added to the Municipal Code, and Chapter 2.16 shall read as follows: Chapter 2.16 RECREATION DEPARTMENT Sections: 2.16.010 Established - Scope. 2.16.020 Director - Duties and responsibilities. 2.16.060 Parks and recreation commission. 2.16.010 Established - Scope. This chapter establishes a Recreation Department, the purpose of which is to enrich the community through recreational opportunities and programs. I 4-3 DRAFT 2.16.020 Director - Duties and responsibilities. The Recreation Department shall be under the supervision of a Recreation Director, who shall have the following duties and responsibilities: A. Provide diverse recreational, social, educational and cultural programs and special events through a Citywide system of aquatic centers, community centers, gymnasiums, and sports fields. B. Ensure that recreation programs, events and services are accessible to the broadest range of potential users and reflect the varied interests of the community. C. Recommend to the Parks and Recreation Commission and to the City Council rules and regulations governing the conduct of persons using recreation areas and sports fields. D. Act as technical advisor to the Parks and Recreation Commission created by Section 611 of the Charter and assist the Commission in carrying out its duties as directed by Section 612 of the Charter. E. Participate in the development, planning, design and construction of new parks and recreation facilities and in the renovation and upgrade of existing parks and recreation facilities. F. Establish administrative rules and regulations governing the administration of the Recreation Department. G. Participate in the update and development of park acquisition and development (PAD) fees, recreation development impact fees (DIP), and amendments to the parkland dedication ordinance. H. Schedule the use of recreation facilities and sports fields. 1. Charge and collect the required fees for park and recreation classes, programs, and recreation facility and field rentals J. Update the City's parks and recreation master plan for the development of future park and recreation facilities and policies to ensure the provision of parks and recreation programs to the community. K. Prepare, submit and administer a departmental budget. L. Maintain such records, render such reports, and perform any other duties and responsibilities as designated by the City Manager. 2.16.060 Parks and recreation commission. A. Number of Commissioners. The parks and recreation commission, heretofore established by Section 611 of the Chula Vista City Charter as a commission of the City consisting of at least five members from the qualified electors of the City, is hereby constituted pursuant to the authority as contained in said Charter provision, to consist of seven members in total, appointed and qualified in the same manner and by the same procedures currently applicable to the existing commission. B. The term for each member of the parks and recreation commission shall be for four years as provided by Charter. C. Charter Section 602 Applicable to Council-Established Positions. The provisions of Charter Section 602 shall apply to the two new positions created by the ordinance codified in this chapter. 2 4-4 DRAFT SECTION III. Chapter 2.15 is hereby added to the Municipal Code, to read as follows: Chapter 2.15 LIBRARY DEPARTMENT Sections: 2.15.010 2.15.020 Established - Scope. Director - Duties and responsibilities. 2.15.010 Established - Scope. This chapter establishes a Library Department, the purpose of which is to increase knowledge and enrich lives within the community by connecting people equitably to responsive programs, services and resources in a manner that reflects the ideals of a democratic society. 2.15.020 Director - Duties and responsibilities. The Library Department shall be under the supervision of a Library Director, who shall have the following duties and responsibilities: A. Provide circulation and information services, and maintain an excellent and responsive materials collection throughout the library system. B. Provide opportunities for life-long learning for children, young adults and adults; and encourage young people to develop an interest in reading and learning by offering a variety of services. C. Ensure that library programs, events and services are accessible to the broadest range of potential users and reflect the varied interests and cultural heritage of the community. D. Foster a community-wide appreciation of the arts by producing arts events and providing administrative and technical support to local arts groups. E. Oversee the Chula Vista Heritage Museum and seek to collect, preserve, and make available the history of Chula Vista. F. Administer the joint City-school district elementary after-school program in order to enrich students' lives. G. Coordinate the solicitation of private contributions to assist the Library, Nature Center and Recreation Departments with special projects and needs. H. Enhance the City's ability to secure grant funds for capital projects and programming and develop grant management standards to ensure Citywide compliance with federal and state grant regulations. 1. Establish administrative rules and regulations governing the administration of the Library Department. J. Act as technical advisor to the Board of Library Trustees as created by Charter Section 607 and assist the Board in carrying out its duties as directed by Charter Section 608. K. Prepare, submit and administer a departmental budget. L. Maintain such records, render such reports, and perform any other duties and responsibilities as designated by the City Manager. Section N: This ordinance shall take effect and be in full force 30 days from its adoption. 3 4-5 DRAFT Presented by Susan Bigelow City Clerk Approved as to form by ~,\;lX ('(\~\\\~\~\\ Ann Moore City Attorney 4 4-6 Chapter 2.4615 LIBRARY AND RECREATION DEPARTMENT* Sections: 2.1 e.01 0 2.15.010 Established - Scope. 2.16.020 Effoct on existing employees. 2.16.030 2.15.020 Director - Duties and responsibilities. 2.16.010 Director to assume duties and responsibilities of certain former positions. 2.16.050 Director Limitation on authority and duties. 2.16.060 Parks and recreation commission. . For statutory provision of the Parks and Playground Act of 1909, see Gov. Code 93800, et seq.; for city Charter provisions regarding the Parks and Recreation Commission, see Charter 99613,614. CROSS REFERENCES: Parks Created, see Ch. 2.62 Park Rules, see Ch. 2.66 of this code. 2.16.010 Established - Scope. This chapter will-establishes a library Library and recreation department Department. the purpose of is to increase knowledqe and enrich lives within the community bv connectinq people equitablv to responsive proqrams, services and resources in a manner that reflects the ideals of a democratic society. which shall combine the serviceE and facilities of the exiEting librarj department and the Eervices and facilities of the recreation portion of the exiEting park and recreation department. The library and recreation department shall provide services and supervision for all library facilitieE, park recreation programs, 'recreation programs, ci'lic clubs, and other recreational facilities, aE 'l/ell aE coordinating with other departments for short and long range planning efforts for the development of parks and recreation facilities, and in any other manner aE directed by the city manager and/or the city council. The existing park and recreation department is aboliEhed. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 Art. 1, 1969; prior code ~ 21.1 .1 ). 2.16.020 EffeE:t OR exiEtiRg employees. No employee '",ho was employed and classified in the previously existing park and recr-eation department shall be penalized in any way by reason of the adoption of this chapter. (Ord. 2nB 3 1, 199B; Ord. 11793 1 Art. 1, 1969; prior code ~ 21.1.2). 2.4615.030--020 Director - Duties and responsibilities. The library Library :md recreation dDepartment shall be under the supervision of a Library dDirector of library and recreation, who shall have the following duties and responsibilities: 4-7 A. Provide circulation and information services. and maintain an excellent and responsive materials collection throuqhout the librarv svstem. B. Provide opportunities for life-Ionq learninq for children. vounq adults and adults: and encouraqe vounq people to develop an interest in readinq and learninq bv offerinq a varietv of services. C. Ensure that library proqrams. events and services are accessible to the broadest ranqe of potential users and reflect the varied interests and cultural heritaqe of the communitv. D. Foster a communitv-wide appreciation of the arts bv producinq arts events and providinq administrative and technical support to local arts qroups. E. Oversee the Chula Vista Heritaqe Museum and seek to collect. preserve. and make available the history of Chula Vista. F. Administer the ioint Citv-school district elementary after- school prOqram in order to enrich students' lives. G. Coordinate the solicitation of private contributions to assist the Library. Nature Center and Recreation Departments with special proiects and needs. H. Enhance the Citv's abilitv to secure qrant funds for capital proiects and proqramminq and develop qrant manaqement standards to ensure Citywide compliance with federal and state qrant requlations. A!. Establish administrative rules and regulations governing the administration of the libr3!)' Lbrary 3nd recreation dDepartment7~ J. Act as technical advisor to the Board of Library Trustees as created bv Charter Section 607 and assist the Board in carryinq out its duties as directed bv Charter Section 608. B. Recommend to the parks and rocroation commission and to the city council rules and rogulatiom; governing the conduct of persons using libmry, park and recreation areas; C. Plan, organize and direct an adequate recreation program and administer the same; D. Tmin and supervise recreational personnel; €JS. Prepare.---aAG submit and administer a department budget ~when required; F. Schedule the use of recreational facilities; G. .'\ttend meetings of the youth adviso!)' council and meet with community groups to stimulate interest in the city's recreational progmm; 1=11.. Maintain such records.-anG render such reports. and perform anv other duties and responsibilities as may be requireddesiqnated by the chief administrative officer;Citv Manaqer. I. Charge, collect and account to the director of finance the roquired fee(s) for parks and recreation programs, facilities and 4-8 servioes. (Ord. 27d!.l ~ 1, 199!.l; Ord. 2506 ~ 1, 1992; Ord. 1671 ~ 1, 1976; Ord.1179 ~ 1 Art. 1,1969; prioroode ~ 21.1.3). 2.16.0<10 Direstor to assume duties and responsibilities of certain former positions. The positions of library direotor and direotor of parks and recreation are abolished, and &uch duties as attended the position of director of Iibrory and those duties attending the position of director of parks and reoreation pertaining to reoreation shall be merged and attached to the position oreated for director of Iibrarj and reoreation. The pF0visions of this section shall be oUR'lulative to the other provisions of this ohapter and irrespective of suoh other provisions. Park maiRtenanoe functions shall be transferred to the department of public works. Park planning functions ghall be transferred to the planning department. (Ord. 27d!.l ~ 1, 199!.l; Ord. 1179 ~ 1 .'\rt. 1, 1969; prior code ~ 21. H). 2.16.060 Director Limitation on authority and duties. It is not intendeEl by thig ohapter to grant any authority to, or impose any duty upon, the director of library and recreation whioh is invested in or imposed by general law or valid oity ordinanoe in any other city oommission, board, department, division, gOl"vice, officer or employee. (Ord. 27d!.l ~ 1, 1999; Ord. 1179 ~ 1 .A.rt. 1, 1969; prior code ~ 21.1.5). 2.16.060 Parks and recreation comR'lission. ^- ~Jumber of Commissioners. The parks and recreation oommission, heretofore established by Section 611 of the Chula Vista city Charter as a oommission of the city oonsisting of at least five members from the qualified electors of the city, is hereby oonstituted, pursuant to the authority m: oontained in said Charter provision, to consist of seven members in totol, appointed and qualified in tho game manner and by the same procedures ourrently applicable to the existing oommission. S. The term for eaoh member of the parks and recreation oommission shall be for four years as provided by Charter. C. Charter Section 602 .'\pplicable to Council Established Positions. The provisions of Charter Section 602 shall apply to the two new positions oreated by the ordinanoe codified in thig ohapter. (Ord. 27d!.l ~ 1, 199!.l; Ord. 2417 ~ 1, 1990). 4-9 Chapter 2.16 L18RARY AND RECREATION DEPARTMENT" Sections: 2.16.010 Established - Scope. 2.16.020 Effect on existing employees. 2.16.030 2.16.020 Director - Duties and responsibilities. 2.16.040 Director to assume duties and responsibilities of cert:Jin former positions. 2.16.050 Director Limitation on authority and duties. 2.16.060 Parks and recreation commission. * For statutory provision of the Parks and Playground Act of 1909, see Gov. Code ~ 3800, et seq.; for city Charter provisions regarding the Parks and Recreation Commission, see Charter ~~ 613, 614. CROSS REFERENCES: Parks Created, see Ch. 2.62 Park Rules, see Ch. 2.66 of this code. 2.16.010 Established - Scope. This chapter will---establishes a library and rRecreation department Department, the purpose of which is to enrich the community throuqh recreational opportunities and proqrams. sRaII combine the serviceG and facilities of the existin9 library dopartment and the services and facilities of the recreation portion of the oxisting park and recreation department. The library and recreation department shall provide services and supervision for all librarj facilities, park recreation programs, recreation programs, civic clubs, and other recreational facilities, as 'Nell as coordinating with othor dep3rtmentG for short and long mnge "Ianning efforts for the development of parks and recreation facilities, and in any ott:lor manner as directed by the city manager and!m the city council. The existing p::lrk and recreation department is abolished. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 Art. 1, 1969; prior code ~ 21.1.1 ). 2.16.020 Effect OR existing employees. ~lo employee who was employod and classified in the previol,Jsly existing park and recreation department shall be penalized in any way by reason of the adoption of this chapter. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 /\rt. 1, 1969; prior code ~ 21.1.2). 2.16.030-020 Director - Duties and responsibilities. The library and rRecreation department Department shall be under the supervision of a director of library and rRecreation Director, who shall have the following duties and responsibilities: A. Provide diverse recreational. social. educational and cultural proqrams and special events throuqh a Citywide system of aquatic centers, community centers, qvmnasiums, and sports fields. 4-10 B. Ensure that recreation proqrams, events and services are accessible to the broadest ranqe of potential users and reflect the varied interests of the communitv. AE. Establish administrative rules and regulations governing the administration of the libmry and rRecreation aDepartment,~ BC. Recommend to the parks Parks and recreation Recreation cor-nmiscion Commission and to the 6ity-Citv council Council rules and regulations governing the conduct of persons using library, park and recreation areas and sports fields. D. Act as technical advisor to the Parks and Recreation Commission created bv Charter Section 611 and assist the Commission in carrvinq out its duties as directed by Charter Section 612., E. Participate in the development. planninq, desiqn and construction of new parks and recreation facilities and in the renovation and upqrade of existinq parks and recreation facilities. C. Plan, organize and direct an adequate recreation program and administer the same; D. Tmin and supervise recreational personnel; G. Participate in the update and development of park acquisition and development (PAD) fees. recreation development impact fees (DIF), and amendments to the parkland dedication ordinance. EK. Prepare,--afl€i submit and administer a department budget ~'IIhen required; f:H. Schedule the use of recreational facilities and sports fields., G. J\ttend meetings of the youth ad'lisory council and moet with community groups to stimulate interost in the city's recroational program; M !,. Maintain such records,--afIG render such reports, and perform any other duties and responsibilities as may be requireddesiqnated by the chiof administrative officerCity Manaqer., I. Charge, and collect and account to the director of finance the required fe~~ for parks and recreation classes, programs, and recreation facilitiesv and field rentals. and services. J. Update the City's parks and recreation master plan for the development of future park and recreation facilities and policies to ensure the provision of parks and recreation proqrams to the community. -(Ord. 2738 S 1,1998; Ord. 2506 S 1,1992; Ord. 1671 S 1, 1976; Ord.1179S 1 Art. 1, 1969; priorcodes21.1.3). 4-11 2.16.040 DireGtor to assume duties and responsibilities of Gertain former positions. The positions of libmry director and director of parks and recreation are abolishod, and such duties as aUondod the position of director of libmry and those dutias GUaRding the position of director of parks and recreation pertaining to recreation shall be merged and attach ad to the position Groated for director of libmry and recreation. The provisions of thiG section Ghall be cumulati'la to the other provisions ef this cRaptar and irrespecti'la of such other pro'lisions. Park maintonaRGe functions shall be tmnsferrod to the department of public works. Park planning functions shall be transforred to tha planning departmont. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1/\rt. 1, 1969; prior Gode ~ 21.1.4). 2.16.050 DireGtor limitation on autRority and duties. It is not intondod by this chaptar to gmnt aRY abltRority to, or imposo any duty blpon, the director ef library and rocreation which is invested in or imposed by gonomllaw or valid city ordinanco in any othar city commission, board, departmont, division, service, officer or employee. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 Art. 1, 1969; prior code ~ 21.1.5). 2.16.060 Parks and recreation commission. A. Number of Commissioners. The parks and recreation commission, heretofore established by Section 611 of the Chula Vista city Charter as a commission of the city consisting of at least five members from the qualified electors of the city, is hereby constituted, pursuant to the authority as contained in said Charter provision, to consist of seven members in total, appointed and qualified in the same manner and by the same procedures currently applicable to the existing commission. B. The term for each member of the parks and recreation commission shall be for four years as provided by Charter. C. Charter Section 602 Applicable to Council-Established Positions. The provisions of Charter Section 602 shall apply to the two new positions created by the ordinance codified in this chapter. (Ord. 273891,1998; Ord. 241791,1990). 4-12