ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE (CVMC) CHAPTER 2.61
TO CHANGE THE NUMBER OF “MEASURE P” CITIZENS’
OVERSIGHT COMMITTEE MEMBERS FROM 16 TO 9
WHEREAS, on November 8, 2016, the City of Chula Vista submitted to the voters a measure to approve an ordinance enacting a one -half cent sales tax, for 10 years, including provisions for citizens' oversight, separate accounting, and independent audits ("Measure P”); and
WHEREAS, the voters approved the pass age of Measure P, thereby adopting Ordinance No. 3371 ("Ordinance 3371"), which enacted the sales tax and required the implementation of the oversight, accounting, and audit provisions; and
WHEREAS, Ordinance 3371 specifically required the establishment of a Citizens' Oversight Committee ("COC"), by ordinance, no later than December 31, 2016; and
WHEREAS, Ordinance 3371 provided that the COC would function to review and report on City compliance with the terms of Ordinance 3371 as follows: (i) public re view and comment on each year's Finance Department Report, Measure P Spending Plan, and Auditor Report;(ii) preparation of an annual report regarding same for presentation to the City Council at a public meeting; and (iii) working with City staff to identi fy and apply "best practices" for tracking and reporting on Measure P revenues and expenditures relative to other City revenues and expenditures; and
WHEREAS, Ordinance 3371 also set forth the following requirements for the COC members: (i) current elected City officials and employees are disqualified from membership; (ii) the members are to be appointed by the City Council in accordance with existing City policies and will include individuals with a range of expertise, including accounting, finance, and engineering; and (iii) they shall conduct the meetings in accordance with the Ralph M. Brown Act; and
WHEREAS, in accordance with Measure P and Ordinance 3371 (codified as Chula Vista Municipal Code (CVMC) Chapter 3.33), City Council adopted Ordinance 3394 adding Chapter
2.61 to the CVMC, establishing rules and procedures for the Citizens' Oversight Committee; and
WHEREAS, City Council directed staff to consider a proposal to reduce the number of COC representatives to help streamline the committee, improve the ability to secure committee nominations, and to maintain qualified public participants; and
WHEREAS, CVMC Section 3.33.140 authorizes the City Council to amend CVMC Chapter 3.33 (Chula Vista Temporary $0.005 Sales Tax) to make changes that do not involve increasing the tax rate, calculating the tax, imposing the tax on new transactions, or extending the term of the tax.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Chapter 2.61, Section 2.61.050 is hereby amended to read as follows:
Ordinance
2.61.050 Composition – Qualifications – Nomination.
A. Members. The COC shall be comprised of 9 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. No COC member may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)).
C. Designated Members. Four of the total 9 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 have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction);
2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction);
3. Chula Vista Youth Sports Council; nominee(s) must be a Youth Sports Council Board Member;
4. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission;
5. Chula Vista Growth Management Oversight Commission; nominee(s) must be from this Commission;
6. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission;
7. San Diego and Imperial Counties Labor Council;
8. Alliance of Californians for Community Empowerment, San Diego branch; Ordinance
D. Designated Member Appointment Process. Designated members shall be appointed in accordance with the designated member appointment process identified below.
1. When a vacancy occurs, Designated Members shall be selected for nomination by the Nominating Authorities specified in CVMC section 2.61.050.C that do not have a Designated Member appointed to the COC (each an “Unrepresented Nominating Authority”; collectively the “Unrepresented Nominating Authorities”) at the time the vacancy occurs. If any of the Unrepresented 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 may pass to a substantially similar organization if approved by the City Council.
2. Unrepresented Nominating Authorities shall submit the name and contact information for their nominee (“Designated Nominee”) to the City Clerk on a fo rm prescribed by the City Clerk. The City Clerk shall prov ide each Designated Nominee with instructions to complete and submit the application to the City Clerk within a specified time period.
Completed applications timely received by the City Clerk shall be forwarded to the Mayor.
3. The Mayor shall interview all Designated Nominees who timely complete applications, and thereafter may make nominations for appointment as provided in CVMC 2.61.050.D.4, subject to the City Council’s approval.
4. After completing interviews in accordance with CVMC 2.61.050.D.3, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a Designated Nominee. Once rejected, a Designated Nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms.
E. At-Large Members. Five of the total 9 COC members shall apply and serve as representatives of the City “at-large.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At- large members shall be comprised of the following:
1. One member may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC
2.25.052(A).
2. The four remaining members shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC Ordinance
2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure.
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 Approved as to form by
_____________________________________ ____________________________________ Kelly Broughton Glen R. Googins
Deputy City Manager City Attorney