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HomeMy WebLinkAbout2010/06/15 Item 11 CITY COUNCIL AGENDA STATEMENT ~ \ ft.- CITY OF .~~ (HULA VISTA JUNE 15,2010, Item If SUBMITTED BY: REVIEWED BY: ORDINANCE OF THE CITY OF CHULA VIST A REPEALING CHAPTERS 2.19 AND 2.41 OF THE CHULA VIST A MUNICIPAL CODE IN THEIR ENTIRETY DIRECTOR OF RE~TlON AND NATURE CENTEr@ CITY MANAGE ~ ASSISTANT CITY ANAGER ,,?! ITEM TITLE: 4/STHS VOTE: YES I X ] NO D SUMMARY Chapter 2.19 of the Chula Vista Municipal Code entitled "Nature Center Department" and Chapter 2.41 entitled "Chula Vista Nature Center Board of Tmstees" are no longer valid or applicable, since management and operations of the Chula Vista Nature Center are now being administered by the Chula Vista Nature Center Foundation, a State of California certified nonprofit public benefit corporation. ENVIRONMENT AL 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, repealing Chapters 2.19 and 2.41 of the Chula Vista Municipal Code, is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION City Council amend the Chula Vista Municipal Code by repealing Chapters 2.19, "Nature Center Department" and 2.41, "Chula Vista Nature Center Board of Trustees." BOARDS/COMlVITSSION RECOMMENDATION Not Applicable DISCUSSION On February 5, 2002, City Council approved Ordinance No. 2853, adding Chapter 2.19 to the Chula Vista Mlmicipal Code relating to the establishment of the Nature Center Department, and Ordinance No. 2852, adding Chapter 2.41 to the Chula Vista Municipal 11-1 JUNE 15,2010, Item--.ll Page 2 of2 Code relating to the creation of the Nature Center Board of Trustees. Both these actions were related to the dissolution of the Bayfront Conservancy Trust and changes to the Bylaws and Articles of Incorporation of the Envirorunental Legacy Fund, the fundraising organization for the Nature Center that became the more-familiar Friends of the Chula Vista Nature Center. On February 2, 2010, City Council approved Resolution No. 2010-022, entering into an operating agreement with the Chula Vista Nature Center Foundation, granting the foundation the exclusive rights & responsibilities for managing and operating the Chula Vista Nature Center. The Chula Vista Nature Center Foundation (previously known as the Friends of the Chula Vista Nature Center), operating under amended Articles of Incorporation and Bylaws, has superseded the need for the Nature Center Board of Trustees. By the same token, the Foundations oversight and management of operations has negated the need for the Nature Center Department. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no such holdings within 500' of the properties which are the subject of this action. CURRENT YEAR FISCAL IMPACT The approval of this ordinance will have no fiscal impact ONGOING FISCAL IMPACT The approval of this ordinance will have no fiscal impact. ATTACHMENTS "A" - Chapter 2.19, Chula Vista Municipal Code, "Nature Center Department "B" - Chapter 2.41, Chula Vista Municipal Code, " 11-2 C' Chula Vista Municipal Code Attachment A 2,19.030 M, Evaluation of efficiency and effectiveness of programs undertaken, (Ord, 1613 !i 1, 1975; prior code !i 35,802), 2.18.030 Director - Scope of authority. It is not intended by this chapter to grant any authority to, responsibility for, or impose any duty upon, the director of community development which is vested in or imposed by general law pro- visions of the city Charter or valid city ordinance, in any other city commission. board, department, division, service, officer or employee, (Ord, 1613 !i I, 1975; prior code!i 35,803), 2.18.040 Director - Position to be unclassified - Charter authority. The position of director of community develop- ment shall be, in accordance with the provisions of Section 500 of the Charter, an unclassified position and subject to the provisions of Section 500 of the Charter. (Ord, 1613!i 1,1975; priorcodd 35,804), Chapter 2.19 NATURE CENTER DEPARTMENT Sections: 2.19,010 2,19,020 2,19,030 Established - Scope. Effect on existing employees. Director - Duties and responsibilities. 2.19.010 Established - Scope. This chapter will establish a nature center department, which shall include all of the services and facilities currently provided by the Chula Vista Nature Center. The nature center uepartment shall provide services and supervision for the nature center's facility and programs, for coordinating with other departments for the provision of ser- vices, and in any other manner as directed by the city manager andlor city council. (Ord. 2853 !i I, 2002), 2.19.020 Effect on existing employees. No employee who was employed and classified in the previous Bayfront Conservancy Trust struc- ture shall be penalized in any way by reason of the adoption of this chapter. (Ord, 2853 !i 1,2002), 2.19.030 Director - Duties and responsibilities. The nature center department shall be under the supervision of the nature center director, who shall have the following duties and responsibilities: A. Establish and maintain administrative rules and regulations governing the administration of the nature center department; B. Recommend to the nature center board of trustees and to the city council rules and regula- tions governing the conduct of persons using the nature center and participating in its programs; C. Plan, organize and direct nature center edu- cational programs and auminister the same; D. Direct the regular maintenance and upkeep of, and capital improvements to the nature center facilities and grounds; E. Train and supervise nature center personnel; F. Prepare, submit. and administer a depart- mental budget as required; G. Schedule the use of nature center facilities; and H. Maintain such records and render such reports as may be required by the chief administra- tive officer. (Ord. 2853 !i 1,2002), 11-3 2-29 (Revised 2/03) Chula Vista Municipal Code Attachment B 2.41.050 Chapter 2.41 NA TURE CENTER BOARD OF TRUSTEES Sections: 2.41.010 2.41.020 2.41.030 2.41.040 2.41.050 2.41.060 Creation. Purpose and intent. Functions and duties. Membership. Term of office. Operation of board of trustees. 2.41.010 Creation. This chapter will create a nature center board of trustees. (Ord. 2852 Ii I, 2002). 2.41.020 Purpose and intent. It is the purpose and intent of the city council in establishing the nature center board of trustees to create an advisory body, which would serve as a resource to advise and make recommendations to the city council and city manager on all matters pertaining to the nature center. The purpose of the board of trustees is to focus community energies and resources on develop- ment a highly visible city with a unigue and educa- tional nature center and to develop, support, and nurture those ideas which expand the nature center for the entire community. The city council finds and believes that a premier nature center is a bene- fit to the region as a whole. The preservation of environmental resources, environmental education and the existence of the nature center are of regional significance. (Ord. 2852 !i I, 2002). 2.41.030 Functions and duties. The functions and duties of the nature center board of trustees shall be as follows: A. Recommend to the city council the adoption of such bylaws, rules and regulations as it may deem necessary for the administration and protec- tion of the nature center; B. Help coordinate and marshal support for the nature center; C. Formulate recommendations for nature cen- ter programs, including funding mechanisms crite- ria for the selection and placement of new exhibits, procedures for review plans, and guidelines to carry out nature center programs; D. Regularly assess. review and update recom- mended goals and long-range plans for the nature center; and regularly solicit public input on the nature center; E. Encourage the development of nature center and environmental education programs at the nature center for the youth of Chula Vista and the region; F. Promote the continuation and expansion of the nature center and environmental education pro- grams. which will attract visitors and income. The board of trustees. by having a definite focus and by demonstrating a high degree of commit- ment to the nature center. can conduct strategic long-range planning to help reach these goals. (Ord. 2852 !i I, 2002). 2.41.040 Membership. A. Number of Members. The board of trustees shal1 consist of a minimum of five and a maximum of nine voting members. one staff ex-officio mem- ber 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. I. Voting Members. The voting members shall be appointed by the city council in accor- dance with the provisions of Section 600, et seg., 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 reguired to be a gualified elector of the city, and who shall have no vote ("staff ex-officio mem- ber"). 3. General Ex-Officio Members. The city council, or its designee, may appoint such addi- tional 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"). (Ord. 2882 !i 1. 2002; Ord. 2852 Ii 1,2002). 2.41.050 Term of office. A. Term of Oftlce - All Classes of Members. I. Post-Initial Terms. Except as otherwise provided in this subsection (A). the term of office of all members, and all cIasses of members, of said board of 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 other- wise sooner resign. die. become disqualified or incompetent to hold office. 2. Initial Terms of Voting Members. Not- withstanding subsection (A) (I ) of this section, the initial terms of voting members shall commence upon appointment and shall conclude for one vot- ing member on June 30, 2003; for two voting mem- 2-68.1 11-4 (Revised 2/03) 2.41.060 bers on June 30, 2004; and for three voting members on June 30, 2005, unless they shall other- wise 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 fair- ness 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 reg- ular 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 resigna- tion, 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. B. 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. Notwith- standing 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 reap- pointed to fill the unexpired term of another office which has become vacant. c. Initial Term Exception. Notwithstand- ing the two term limit, a person appointed to an ini- tial 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 unex- pired term of another office which has become vacant: d. Any voting member may be reap- pointed to serve on the board of trustees after two successi ve 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. (Ord. 2882 ~ 2, 2002; Ord. 2852 ~ 1.2002). 2.41.060 Operation of board of trustees. A. Frequency. Time and Place of Regular Meetings. The board of trustees shall hold at least one 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 for- warded to the city council and entered in the min- utes 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. 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 (Revised 2/03) 2-68.2 11-5 Chula Vista Municipal Code 2.41.060 majority of the members thereof may call a meet- ing. D. Conduct of Meetings. The meetings of the board of trustees, and notice thereof, shall be gov- erned by the same rules 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 consti- tute 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 reyuired 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 man- ager 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 rules and regulations not inconsis- tent 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. Bylaws. The board of trustees may pass such other and further rules and regulations regarding the internal affairs of the board of trustees as are not inconsistent with the terms and conditions of this chapter. (Ord. 2882 ~ 3, 2002; Ord. 2852 ~ I, 2002). 2-68.3 (Revised 2/03) 11-6 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTERS 2.19 AND 2.41 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR ENTIRETY WHEREAS, on February 5, 2002, City Council approved Ordinance No. 2853, adding Chapter 2.19 to the Chula Vista Municipal Code relating to the establishment of the Nature Center Department; and WHEREAS, on February 5, 2002, City Council approved Ordinance No. 2852, adding Chapter 2.41 to the Chula Vista Municipal Code relating to the creation of the Nature Center Board of Trustees; and WHEREAS, on February 2, 2010, City Council approved Resolution No. 2010-022, entering into an operating agreement with the Chula Vista Nature Center Foundation, granting the foundation the exclusive rights & responsibilities for managing and operating the Chula Vista Nature Center; and WHEREAS, the Chula Vista Nature Center Foundation (previously known as the Friends of the Chula Vista Nature Center), operating under amended Articles of Incorporation and Bylaws, has superseded the need for the Nature Center Board of Trustees; and WHEREAS, the Foundations oversight and management of operations has negated the need for the Nature Center Department NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby ordain that Chula Vista Municipal Code Chapters 2.19 and 2.41 be repealed in their entirety. Buck Martin Director of Recreation and Nature Center Presented by 11-7