Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.02 Conflict of Interest

2.03 Department of Mayor and Council

2.04 City Council Meetings

2.05 Personnel and Civil Service Regulations

2.06 City Engineer

2.07 Management and Information Services Department

2.08 Finance Officer

2.09 Police Department

2.10 Fire Department

2.12 Fire and Police Department Duty to Aid

2.14 Emergency Organization Department

2.15 Library Department

2.16 Recreation Department

2.17 Planning and Building Department

2.18 Community Development Department

2.19 Nature Center Department

2.20 Police Department Training Standards

2.22 Improvement District Administration

2.23 Industrial Development Authority

2.24 Redevelopment Agency

2.25 General Rules for Boards and Commissions

2.26 Board of Appeals and Advisors

2.27 Access Appeals Board

2.28 Board of Ethics

2.29 Charter Review Commission

2.30 Economic Development Commission

2.31 Mobilehome Rent Review Commission

2.32 Resource Conservation Commission

2.33 Cultural Arts Commission

2.34 Child Care Commission

2.35 Housing Advisory Commission

2.36 Human Relations Commission

2.37 Commission on Aging

2.38 International Friendship Commission

2.39 Veterans Advisory Commission

2.40 Growth Management Oversight Commission

2.41 Nature Center Board of Trustees

2.42 Planning Commission

2.44 Safety Commission

2.46 Youth Advisory Commission

2.48 Community Planning Committee

2.50 Municipal Elections

2.52 Campaign Contributions

2.54 Employee Benefits

2.55 Chula Vista Redevelopment Corporation

2.56 Purchasing System

2.57 Design-Build Contracts

2.58 Document Fees

2.60 Lost and Stolen Property

2.62 Parks Created

2.64 Golf Course Rules

2.66 Park and Facilities Rules

2.67 Chula Vista Boat Launching and Marina Area – J Street Marina

2.70 Library Property

Chapter 2.02
CONFLICT OF INTEREST

Sections:

2.02.010 Purpose and intent.

2.02.020 The city council as code reviewing body for conflict of interest code.

2.02.030 Conflict of interest code of the city of Chula Vista.

2.02.040 Exception for solely advisory boards and commissions.

2.02.010 Purpose and intent.

The City Council intends to implement Government Code Sections 87300 through 87313 pertaining to conflict of interest codes for local agencies. The City Council also intends to implement all appropriate penalties for persons required to file under this chapter who fail to do so in a timely fashion. (Ord. 2807, 2000).

2.02.020 The city council as code reviewing body for conflict of interest code.

The City Council shall serve as the code reviewing body under Government Code Section 87303 for review and adoption of the conflict of interest code for all persons associated with the City of Chula Vista and required to file a statement of economic interests with the Fair Political Practices Commission. All statements of economic interests shall be filed with the City Clerk, who shall be responsible for filing with the Fair Political Practices Commission. (Ord. 2807, 2000).

2.02.030 Conflict of interest code of the city of Chula Vista.

A. The Political Reform Act, Government Code Sections 81000, et seq., requires local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2 of the California Code of Regulations, Section 18730, which contains the terms of a standard model conflict of interest code, which is incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of Title 2 of the California Code of Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference and constitute the conflict of interest code of the City of Chula Vista.

B. The City Council shall set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file. Said resolution and any amendment to it are incorporated by reference to the conflict of interest code. Said disclosure categories are:

1. All investments, sources of income and business positions;

2. Interests in real property;

3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department;

4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property;

5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the redevelopment agency to provide services, supplies, materials, machinery or equipment;

6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the designated employee’s department to provide services, supplies, materials, machinery or equipment. (Ord. 2980 § 1, 2004; Ord. 2807, 2000).

2.02.040 Exception for solely advisory boards and commissions.

A. The City Council finds that certain of the City’s boards and commissions are solely advisory within the meaning of Government Code Section 87100, and are, therefore, not required by law to be governed under the City’s conflict of interest code.

B. For those boards and commissions not required by law to be governed under the City’s conflict of interest code, the City Council declares that citizens serving as volunteers on those boards and commissions shall not be required to complete and submit statements of economic interests and shall not be required to disqualify themselves from deliberations or decision making for economic reasons. (Ord. 2807, 2000).

Chapter 2.03
DEPARTMENT OF MAYOR AND COUNCIL

Sections:

2.03.010 Established – Purpose.

2.03.020 Establishment of Department of Mayor and Council.

2.03.025 Intergovernmental Affairs Coordinator.

2.03.030 Handling of mail.

2.03.040 Expense reimbursement.

2.03.010 Established – Purpose.

There is hereby established, pursuant to Charter Section 501, a Department of Mayor and Council, which shall have the responsibility for policy setting and constituent relations, inter-agency relations, and intra-agency/policy implementation, but which shall not involve any administrative services. (Ord. 2619 § 1, 1994).

2.03.020 Establishment of Department of Mayor and Council.

A. The Department of Mayor and Council shall have assigned to it the elected Mayor and elected Councilmembers, the private secretary to the Mayor and Council that is permitted by Charter, any additional Charter positions assigned to either the Mayor or Mayor and Council, and any positions assigned to the Department of Mayor and Council through the legislative process, including the budgetary process or such other means commonly recognized for assignment of personnel. Subject to the provisions of the Charter, positions so assigned to the Department of Mayor and Council shall be given an unclassified status.

B. The Mayor shall serve as department head and appointing authority, except when designated otherwise by the Charter or by the Council. The appointing authority includes the power to appoint and the power to remove from office. Persons in positions, other than clerical, who are appointed by the Mayor shall be term-limited to correspond to the tenure of the Mayor, unless removed prior to the end of the Mayor’s term.

C. The Council may, by ordinance not in conflict with the Charter, designate the Council as the appointing authority for a position created through the legislative process. A person appointed by the Council in the Department of Mayor and Council may be removed by a majority vote of the members of the Council.

D. The Council may, by ordinance not in conflict with the Charter, designate an individual Councilmember as the appointing authority for those positions serving at the individual Councilmember’s direction. Council assistants and senior Council assistants shall be appointed by the individual Councilmembers. Council assistants and senior Council assistants shall be term-limited to correspond to the tenure of the individual, appointing Councilmember, unless removed prior to the end of the Councilmember’s term. (Ord. 3054 § 1, 2006; Ord. 2619 § 1, 1994).

2.03.025 Intergovernmental Affairs Coordinator.

The City Council of the City of Chula Vista hereby designates that the position of Intergovernmental Affairs Coordinator in the Department of Mayor and Council shall serve at the will of the Mayor and Council. The Councilmembers collectively shall serve as appointing authority for the position. (Ord. 3042 § 1, 2006).

2.03.030 Handling of mail.

The Mayor and Council secretary is authorized to receive and open all mail addressed to the City Council and, upon doing so, shall forward it to the appropriate Mayor and Council staff so that it may be given immediate attention, to the end that administrative business referred to in said communications and not necessarily requiring Council action may be disposed of between Council meetings; provided, that all communications and any action taken pursuant thereto shall be reported to the City Council. Any communication requiring Council action is to be forwarded to the City Clerk’s office to be placed on the City Council agenda under written communications. (Ord. 2634 § 1, 1995).

2.03.040 Expense reimbursement.

A. The City adopts the “City Council Policy on Expense Reimbursement to Legislative Body Members,” attached as Exhibit 1 to the ordinance codified in this section.

B. This policy is adopted pursuant to the City’s constitutional home-rule authority over its municipal affairs related to compensation of City officials and employees.

C. The auto allowances paid to the Mayor and City Council members and incorporated in the policy reasonably reflect actual and necessary expenses incurred by the Mayor and City Council members, respectively, in their official City duties, and that those allowances are beneficial to the public.

D. In certain instances, as specified in the policy, the purchase of meals by legislative body members for third parties is an actual and necessary expense of a member’s official City duties. (Ord. 3056 § 1, 2007).

Chapter 2.04
CITY COUNCIL MEETINGS*

Sections:

2.04.010 Purpose and intent of provisions – Policy manual.

2.04.020 Meetings – Time and place.

2.04.030 Meetings – Adjournment.

2.04.040 Meetings – Special – Notice required – Waiver of notice.

2.04.050 Workshops.

2.04.060 Meetings and conferences open to the public – Exceptions.

2.04.070 Attendance.

2.04.080 Quorum.

2.04.090 Agenda – Submission of items – Preparation – Effect.

2.04.100 Items not on posted agenda.

2.04.110 Items requiring approval for form, legality or administration.

2.04.120 Written communications.

2.04.130 Oral communications.

2.04.140 Order of business.

2.04.150 Consent calendar.

2.04.160 Mayor to preside.

2.04.170 Presiding officer powers and duties.

2.04.180 Call to order – Presiding officer.

2.04.190 Roll call.

2.04.200 Reading of minutes.

2.04.210 Right to address the Council – Limitations.

2.04.220 Addressing the Council – Consent required – Rules and time limits.

2.04.230 Addressing the Council – Individuals.

2.04.240 Addressing the Council – Spokesman for a group of persons.

2.04.250 Addressing the Council – After certain procedures – Permission required.

2.04.260 Councilmembers – Getting the floor.

2.04.270 Councilmembers – Questions to staff.

2.04.280 Councilmembers – Interruptions prohibited – Exceptions.

2.04.290 Points of order – Determination.

2.04.300 Point of personal privilege.

2.04.310 Councilmembers – Right to enter statement or synopsis of debate in minutes.

2.04.320 Councilmembers – Decorum and order to be preserved.

2.04.330 Audience – Decorum and order.

2.04.340 Decorum and order – Enforcement – Violation deemed misdemeanor.

2.04.350 Hearings – Conduct generally.

2.04.360 Hearings – Evidence to be presented.

2.04.370 Hearings – Evidence taken outside chambers considered when.

2.04.380 Hearings – Continuances.

2.04.390 Hearings – Decisions and determinations.

2.04.400 Hearings – Recordings to be made – Transcriptions.

2.04.410 Minutes – Records to be kept – Form and contents.

2.04.420 Minutes – Councilmembers’ remarks entered when.

2.04.430 Minutes – Synopsis of discussion entered when.

2.04.440 Minutes – Delivery to councilmembers and other officers.

2.04.450 Motions – Presentation generally – Resolutions required when.

2.04.460 Motions – Order of precedence.

2.04.470 Motions – Purpose and criteria described.

2.04.480 Legislative action to be by ordinance or resolution when.

2.04.490 Ordinances – Preparation.

2.04.500 Ordinances and resolutions – Prior approval required when.

2.04.510 Ordinances and resolutions – Introduction and sponsorship required when – Readings – Amendment.

2.04.520 Ordinances – Title.

2.04.530 Ordinances – Ordaining clause.

2.04.540 Ordinances – Effective date of adoption.

2.04.550 Voting – Procedure generally.

2.04.560 Voting – Changes permitted when.

2.04.570 Reconsideration or rescission of prior action – Procedure generally.

2.04.580 Repealed.

2.04.590 Repealed.

* For Charter law regulating city council meetings, see city Charter §§ 306 – 318; for statutory provisions concerning city council meetings, see Gov. Code §§ 36805 – 36811.

2.04.010 Purpose and intent of provisions – Policy manual.

It is the purpose of this chapter to establish rules for the organization of the city council and procedures for the conduct of meetings of the city council, as well as council conferences. It is the intent of the city council, by the adoption of this chapter, to establish such rules and procedures to facilitate the conduct of council meetings and conferences, and to establish a council policy manual to be adopted by resolution of the city council. The council may, from time to time, adopt by resolution necessary or desirable policies to implement the procedures established herein, and such policies shall be maintained in such council policy manual, a copy of which shall be on file in the office of the city clerk. Such manual shall also contain all rules and policies adopted pursuant to other provisions of this code. (Ord. 1486 § 2, 1973; prior code § 1.201).

2.04.020 Meetings – Time and place.

Pursuant to the provisions of Section 306 of the Charter, the council shall hold regular meetings in the council chambers of the Civic Center Complex, 276 Fourth Avenue in the city, or in such other place as may be determined by the council, on the first Tuesday of each month at 4:00 p.m. and on the second, third and fourth Tuesday of each month at 6:00 p.m. When the day for any regular meeting of the council falls on a legal holiday, no meeting shall be held on such holiday.

It shall be the general policy of the city council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year’s. Any of these meetings may be reinstituted if necessary by a majority of the council. (Ord. 2697 § 1, 1997; Ord. 2444 § 1, 1991; Ord. 2322 § 1, 1989; Ord. 2249 § 1, 1987; Ord. 2226 § 1, 1987; Ord. 2200 § 1, 1987; Ord. 2192 § 1, 1987; Ord. 2127 § 1, 1985; Ord. 2062 § 1, 1984; Ord. 1637 § 1, 1975; Ord. 1576 § 1, 1974; Ord. 1486 § 2, 1973; prior code § 1.202(1)).

2.04.030 Meetings – Adjournment.

Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the presiding officer by a simple declaration thereof in the absence of a protest by any member of the council. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by this chapter. (Ord. 1486 § 2, 1973; prior code § 1.202(2)).

2.04.040 Meetings – Special – Notice required – Waiver of notice.

Special meetings may be called any time by the mayor, or by three members of the city council, by delivering personally or by mail written notice to each councilmember and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any councilmember who, at or prior to the time the meeting convenes, files with the city clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any councilmember who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location freely accessible to the public. Neither the notice nor posting requirements shall apply to an emergency special meeting authorized by Government Code Section 54956.5. However, during a meeting called pursuant to such section, the city council shall not meet in closed session pursuant to Government Code Section 54957. (Ord. 2185 § 1, 1987; Ord. 1486 § 2, 1973; prior code § 1.202(3)).

2.04.050 Workshops.

A. The mayor may announce, or the council on majority vote may direct, at any regular council meeting, the convening of a council workshop meeting on the fourth Thursday of the month, and in such event, the council shall conduct a council meeting on said fourth Thursday of the month at 4:00 p.m. in the council conference room in the Civic Center Complex, Administration Building, at 276 Fourth Avenue. Said meeting shall be known as a “council workshop meeting,” and shall be conducted in a “workshop” context according to the rules, policies, and guidelines herein set forth in this section.

B. The primary purpose of the council workshop meeting shall be to address matters which are primarily of a planning character or other matters which require extensive deliberation of such length, duration or complexity as to be not conveniently capable of being addressed at the regular Tuesday council meetings. Notwithstanding the foregoing, other matters may be addressed which, in the opinion of the city manager, have some aspect of urgency to them or should be addressed at such meeting in subsequent Tuesday city council meeting.

C. Notice requirements for special council conferences, other than council workshops noticed in the manner herein provided, shall be the same as those for special council meetings.

D. At such council workshops or special conferences, the city council may require the attendance of members of any boards and commissions or members of the administrative staff for the purpose of discussing those items that appear on the council conference agenda.

E. Council workshop meetings shall be deemed a regular city council meeting for all intents and purposes, and the city council shall have the full authority to take any and all actions which the city council is otherwise authorized by law or Charter to take at meetings.

F. The city clerk, unless otherwise directed by the city council, may limit the record of council workshop meetings to a record of actions taken (“action minutes”) by the council. (Ord. 2444 § 2, 1991; Ord. 1486 § 2, 1973; prior code § 1.202(4)).

2.04.060 Meetings and conferences open to the public – Exceptions.

All regular and special meetings of the city council, all regular and special conferences of the city council and the meetings of all commissions and boards established by the city council shall be open to the public. At all regular council meetings, all citizens shall have the right to personally or through counsel present grievances or offer suggestions for the betterment of municipal affairs, in accordance with the limitations provided by this chapter to establish reasonable regulation of said meetings. Public participation at special meetings of the city council or regular or special council conferences shall be limited by council action, and no citizens may be heard at such meetings or conferences unless permission is granted or requested by the city council. Pursuant to the provisions of the laws of the state, the city council may hold executive sessions from which the public may be excluded for the consideration of the following subjects:

A. Personnel Matters. To consider appointment, employment, or dismissal of a public officer, person or employee or to hear complaints or charges brought against an officer or employee, unless such officer or employee requests a public hearing. The council may exclude from any such executive session during the examination of a witness any or all other witnesses in the matter being investigated; and to consider matters of labor negotiations with employee associations or unions;

B. Attorney-Client Matters. To consider proposed or pending litigation to which the city is a party;

C. Security Efforts for the Public and Public Employees. To meet with the chief of police and other law enforcement officers on matters relating to security efforts for the public, public employees and public buildings. (Ord. 1486 § 2, 1973; prior code § 1.202(5)).

2.04.070 Attendance.

Councilmembers are expected to attend all meetings of the city council. If a councilmember absents himself without permission from all regular city council meetings for 30 days consecutively from the last regular meeting he attends, his office becomes vacant and shall be filled as any other vacancy. (Ord. 1486 § 2, 1973; prior code § 1.203).

2.04.080 Quorum.

Three members of the council shall constitute a quorum and shall be sufficient to transact regular business. If less than three councilmembers appear at a regular meeting, any member, or if all members are absent, the city clerk, shall adjourn the meeting to a stated day and hour. The clerk shall cause a written notice of the adjournment to be delivered personally to each councilmember at least three hours before the adjourned meeting. (Ord. 1486 § 2, 1973; prior code § 1.204).

2.04.090 Agenda – Submission of items – Preparation – Effect.

A. Preparation and Delivery of Agenda. An agenda shall be prepared for each regular meeting, including council workshop meetings, containing a brief general description of each item of business to be transacted or discussed.

1. Delivery to City Clerk. Summary of agenda items shall be delivered to the city clerk not later than noon, 12 days preceding the regular meeting. Agenda items, i.e., background and requests for particular actions or reports, shall be delivered to the city manager not later than 5:00 p.m. on the Wednesday preceding the regular meeting. The clerk shall thereafter prepare the agenda under the direction of the city manager.

2. Delivery to Council. The agenda, together with all reports, resolutions and ordinances pertaining thereto, shall be delivered to councilmembers on the Thursday preceding the regular meeting.

B. Posting and Public Availability of Agenda. The agenda shall be posted at least 72 hours before the regular meeting in a location freely accessible to the public, and be made available to the public as soon as practicable.

C. Contents of Agenda.

1. The agenda shall specify the time and location of the regular meeting.

2. Items of business shall be placed on the agenda at the direction of the city manager; city attorney; city clerk; a majority of the council; or a council-approved board, commission or committee, upon an affirmative vote of a majority of the entire membership of said body directing same.

3. For items to be considered as a public hearing at any city council meeting, including council workshop meetings, staff shall notice and council shall address the public hearing at the beginning hour of the meeting at which the public hearing will be considered, or as soon thereafter as the council’s agenda may permit in its due course.

4. The agenda shall provide a section for members of the public to directly address the council on items of interest to the public within the subject matter jurisdiction of the council.

5. The agenda shall provide a section entitled “mayor’s report,” which section shall be reserved for reports of the mayor to the city, the staff or the public on matters of city business. If there is any written material which is the subject matter of a mayoral report, the mayor or his designee shall make a diligent effort to provide the city clerk with a copy of said written material in sufficient advance time to permit the inclusion of same into the agenda, and related material, for delivery to the council.

6. The agenda shall provide a section entitled “council comments” for councilmembers to directly address the city, staff, or the public on items of interest (“council comments”) to the councilmember. If there is any written material which is the subject matter of council comments, the sponsoring councilmember shall make a diligent effort to provide the city clerk with a copy of said written material in sufficient advance time to permit the inclusion of same into the agenda, and related material, for delivery to the council.

D. Agenda Package Material. Whenever feasible, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the council.

E. Prohibition of Action – Exceptions. No matters other than those listed on the agenda shall be acted upon by the council, except as provided in CVMC 2.04.100.

1. A direction by the council to refer a matter not on the posted agenda raised by a member of the council or of the public to staff for a report, or to place a matter on a future agenda, shall not constitute action. (Ord. 2634 § 2, 1995; Ord. 2444 § 3, 1991; Ord. 2426 § 1, 1990; Ord. 2185 § 2, 1987; Ord. 1486 § 2, 1973; prior code § 1.205(1)).

2.04.100 Items not on posted agenda.

The city council may take action upon items of business not on the posted agenda upon a determination:

A. By a majority vote that an emergency situation, as defined by Government Code Section 54956.5, exists; or

B. By a two-thirds vote, or if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted; or

C. The item was posted for a prior meeting of the city council occurring not more than five calendar days prior to the date action is taken, and at the prior meeting, the item was continued to the meeting at which action is being taken. (Ord. 2185 § 3, 1987; Ord. 1486 § 2, 1973; prior code § 1.205(2)).

2.04.110 Items requiring approval for form, legality or administration.

All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or his authorized representative, and shall have been examined and approved for administration by the city manager or his authorized representative where there are substantive matters of administration involved. (Ord. 1486 § 2, 1973; prior code § 1.205(3)).

2.04.120 Written communications.

The city clerk is authorized to place any communication requiring council action received at the clerk’s office prior to 4:00 p.m. on Monday, eight days preceding each council meeting, and shall be listed on the agenda as provided for under the order of business established in this chapter. Any such communication received thereafter shall be listed on the agenda for the next regular council meeting held thereafter. All communications shall be submitted to the council with a report and recommendation by the city staff. All correspondence shall be answered or acknowledged as soon as practicable. (Ord. 2634 § 2, 1995; Ord. 2426 § 2, 1990; Ord. 2185 § 4, 1987; Ord. 1486 § 2, 1973; prior code § 1.205(4)).

2.04.130 Oral communications.

All citizens requesting permission to address the city council on any matter not contained in the agenda of a regular meeting may submit such request to the city clerk prior to the time during the meeting at which “oral communications” are invited. The nature of the oral communication and the name of the person or persons desiring to be heard shall be clearly stated in such requests. Such oral communications shall not be subject to debate or participation by other members of the public present at the council meeting. (Ord. 2634 § 2, 1995; Ord. 1486 § 2, 1973; prior code § 1.205(5)).

2.04.140 Order of business.

At the time set for each regular meeting, the councilmembers, city clerk, city manager, city attorney and such department heads as have been requested to be present shall take their regular places in the council chamber. The mayor shall call the meeting to order and the business of the council shall be taken up for consideration and disposition in the order set by resolution, except that with consent of a majority of the council, items may be taken up out of order. All business brought before the council will be promptly attended to; provided, that upon the request of any councilmember, the same shall be referred to the proper official for investigation before any action shall be taken thereon by the council as a whole. The agenda shall contain the title headings and shall be conducted in the order as set forth by resolution of the city council. (Ord. 1731 § 1, 1977; Ord. 1506 § 1, 1973; Ord. 1486 § 2, 1973; prior code § 1.206).

2.04.150 Consent calendar.

A. Items for inclusion on the agenda which have been reviewed by the city manager and staff and determined to not require special council consideration, mailed to the council for study, and which are made available to the public prior to and at council meetings shall be grouped together for action by the city council. Staff recommendations on the action to be taken for said items shall be indicated in a concise and summary form. These matters shall be listed under what is to be known as the “consent calendar” in the order of business as indicated in CVMC 2.04.140. Adoption of the consent calendar may be made by a simple motion approved by the city council; provided, however, that the presiding officer shall first advise the audience that the consent calendar matters will be so adopted, in total, by one action of the council, unless any council member or any individual or organization interested in one or more consent calendar items has any question or wishes to make a statement relative to such an item. In that event, the presiding officer may defer action on the particular matter or matters and place the same on the agenda for consideration in such order as he deems appropriate.

B. It is understood that the motion for approval of items on the consent calendar encompasses therein a waiver of the requirement of reading of the text of ordinances and resolutions contained therein, at a direction that the reading of the text be waived and that the heading only be read and, in the case of ordinances, that such ordinance be placed on second reading and adopted.

C. The written agenda available to the public and to the city council shall provide the following notice of explanation to the public concerning the consent calendar:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion of these items prior to the time the council votes on the motion unless members of the council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name, address and Consent Calendar item number.

(Ord. 2442 § 1, 1991; Ord. 2426 § 3, 1990; Ord. 2116 § 1, 1985; Ord. 1486 § 2, 1973; prior code § 1.207).

2.04.160 Mayor to preside.

The mayor shall be the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tempore or the city clerk shall call the council to order, whereupon a temporary presiding officer shall be elected by the councilmembers present to serve until the arrival of the mayor or mayor pro tempore or until adjournment. (Ord. 1486 § 2, 1973; prior code § 1.208).

2.04.170 Presiding officer powers and duties.

A. Participation. The presiding officer may move, second, debate, and vote from the chair. He shall not be deprived of any of the rights and privileges of a councilmember by reason of this action as presiding officer.

B. Questions to Be Stated. The presiding officer or such member of the city staff as he may designate may verbally restate each question immediately prior to calling for the vote. Following the vote, the presiding officer shall announce whether the question carried or was defeated. The presiding officer in his discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the city staff to do so, before proceeding to the next item of business.

C. Maintaining Order and Decorum. The presiding officer shall be responsible for the maintenance of order and decorum at all meetings. He shall decide all questions of order subject, however, to an appeal to the council.

D. Signing of Documents. The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case an alternate presiding officer may sign such documents.

E. Appointment of Committees. The mayor may, subject to the advance approval of the council, appoint such committees of councilmembers, city staff and private citizens, or a combination thereof, as he deems necessary and expedient to assist and advise the council in its works. (Ord. 1486 § 2, 1973; prior code § 1.209).

2.04.180 Call to order – Presiding officer.

The mayor, or in his absence the mayor pro tempore, shall take the chair at the hour appointed for the meeting and shall call the council to order. In the absence of the mayor and the mayor pro tempore and the failure of the mayor to appoint a temporary presiding officer, the city clerk or his assistant shall call the council to order, whereupon a temporary presiding officer shall be elected by the councilmembers present. Upon the arrival of the mayor or the mayor pro tempore, the temporary presiding officer shall relinquish the chair at the conclusion of the business then before the council. (Ord. 1486 § 2, 1973; prior code § 1.210).

2.04.190 Roll call.

Before proceeding with the business of the council, the city clerk shall call the roll of the councilmembers and the names of those present shall be entered in the minutes. (Ord. 1486 § 2, 1973; prior code § 1.211).

2.04.200 Reading of minutes.

Unless the reading of the minutes of a council meeting is requested by a majority of the city council, such minutes shall be approved without reading if the city clerk has previously furnished each councilmember with a copy thereof. (Ord. 1486 § 2, 1973; prior code § 1.212).

2.04.210 Right to address the council – Limitations.

Section 310 of the Charter guarantees the right of citizens to present grievances at any regular meeting of the city council; therefore, every person in attendance shall have the absolute right to address the council during consideration of items under the following headings of business, upon obtaining recognition by the presiding officer:

A. Public Hearings. Interested persons or their authorized representatives may address the council while a matter is open to public hearing in regard to remarks or questions relevant to the matter under consideration.

B. Communications. Any person in attendance may address the council by oral communications on any matter concerning municipal business over which the council has influence or control.

C. Limited Right to Address the Council. In order to facilitate the conduct of the business of the city and to insure that comments of citizens are received by the council at the appropriate time when matters are under consideration by the council, rather than having such items being raised outside of the context and timing of such consideration, in addition to the absolute right to address the council during consideration of the above item hearing of business, any interested person may request permission from the presiding officer to address the council relevant to the subject matter under consideration. Such request should, whenever practicable, be made prior to a motion being made on the subject. The granting or denial of such a request by the presiding officer may be appealed to the city council by a member of the council. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. (Ord. 1486 § 2, 1973; prior code § 1.213).

2.04.220 Addressing the council – Consent required – Rules and time limits.

No person shall address or question a councilmember, the city attorney, the city manager, the director of public works, the director of planning, or other officials at the council table without the prior consent of the presiding officer. Anonymous communications shall not be considered nor placed on the agenda. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. The rules and time limits set forth in CVMC 2.04.230 and 2.04.240 shall apply to persons addressing the city council. (Ord. 1486 § 2, 1973; prior code § 1.214).

2.04.230 Addressing the council – Individuals.

Each person addressing the council on oral communications shall step up to the microphone, give his or her name and address in an audible tone of voice for the record, and shall limit his or her address to three minutes. Persons addressing the council on items listed on the agenda shall limit their communication to five minutes, unless further time is granted by the presiding officer. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than a councilmember and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer. (Ord. 2322 § 1, 1989; Ord. 1486 § 2, 1973; prior code § 1.214(1)).

2.04.240 Addressing the council – Spokesman for a group of persons.

When any group of persons wishes to address the council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the council, and in case additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the council so as to avoid unnecessary repetition before the council. Further, groups of persons shall be limited to a total presentation period of 30 minutes. The presiding officer shall first call for representatives of groups in favor of the matter under consideration and then for those persons in opposition to the matter under consideration, and thereafter shall allow a rebuttal time limited to five minutes to the proponents, who shall confine rebuttal remarks to answering comments made in opposition and not the introduction of new testimony. Further time may be granted at the discretion of the presiding officer, and in the case of public hearings, the presiding officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide a fair hearing and due process, set longer time limitations. The decision of the presiding officer in regard to the setting of time limitations may be appealed to the council. (Ord. 1486 § 2, 1973; prior code § 1.214(2)).

2.04.250 Addressing the council – After certain procedures – Permission required.

After a public hearing has been closed and after a motion is made by the council, no person shall address the council without first obtaining the permission of the council to do so. (Ord. 1486 § 2, 1973; prior code § 1.215).

2.04.260 Councilmembers – Getting the floor.

Every councilmember desiring to speak shall first address the chair, gain recognition by the presiding officer, and shall confine himself to the question under debate. (Ord. 1486 § 2, 1973; prior code § 1.216).

2.04.270 Councilmembers – Questions to staff.

Every councilmember desiring to question the city staff shall, after recognition by the presiding officer, address his questions to the city manager, the city clerk, or the city attorney. In the case of the city manager, he shall be entitled to answer the inquiry himself or to designate a member of his staff for that purpose. (Ord. 1486 § 2, 1973; prior code § 1.217).

2.04.280 Councilmembers – Interruptions prohibited – Exceptions.

A councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or personal privilege is raised by another councilmember, or unless the speaker chooses to yield to a question by another councilmember. If a councilmember, while speaking, is called to order, he shall cease speaking until the question of order is determined, and if determined to be in order, he may proceed. Members of the city staff, after recognition by the presiding officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.218).

2.04.290 Points of order – Determination.

The presiding officer shall determine all points of order subject to the right of any councilmember to appeal to the council. He may request an opinion of the city attorney in making such determination. If an appeal is taken, the question shall be, “Shall the decision of the presiding officer be sustained?” Council decision shall conclusively determine such question of order. (Ord. 1486 § 2, 1973; prior code § 1.219).

2.04.300 Point of personal privilege.

The right of a councilmember to address the council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned, or where the welfare of the council is concerned. A councilmember raising a point of personal privilege may interrupt another councilmember who has the floor, subject only to the power of the presiding officer to call him out of order. (Ord. 1486 § 2, 1973; prior code § 1.220).

2.04.310 Councilmembers – Right to enter statement or synopsis of debate in minutes.

Any councilmember shall have the right of having an abstract of his statement and/or a synopsis of the debate on any subject under consideration by the council entered in the minutes. Such right shall be exercised by specific direction to the city clerk at the council meeting. (Ord. 1486 § 2, 1973; prior code § 1.221).

2.04.320 Councilmembers – Decorum and order to be preserved.

While the council is in session, the councilmembers and city staff shall preserve order and decorum. A member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking or refuse to obey the directives of the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.222).

2.04.330 Audience – Decorum and order.

Public members attending council meetings shall observe the same rules of order and decorum applicable to the council and staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the council or while attending the council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and such person may be barred from further audience before the council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer or a councilmember. (Ord. 1486 § 2, 1973; prior code § 1.223).

2.04.340 Decorum and order – Enforcement – Violation deemed misdemeanor.

A. The chief of police, or such member of the police department as he may designate, shall be sergeant-at-arms of the city council, and he shall attend meetings at the request of the presiding officer, city manager, or city council. He shall be available to respond to all meetings immediately upon call. He shall carry out all orders given by the presiding officer or council for the purpose of maintaining order and decorum at the council meetings. Any councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the councilmembers present shall require him to do so.

B. Rules adopted to expedite the transaction of the business of the council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

C. Any member of the council or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the council, or who refuses to carry out orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor.

D. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest.

E. For the purpose of this chapter, a criminal complaint shall be signed by the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.224).

2.04.350 Hearings – Conduct generally.

Any witnesses offering evidence or testimony in public hearings as allowed in this chapter may be placed under oath and subject to cross-examination at the request of any member of the council or parties interested in the matter which is the subject of the hearing. When the hearing involves a determination by the council of any question of fact, the evidence or testimony must be relevant or material to the fact or facts at issue. The presiding officer shall determine all questions as to relevancy and materiality. Hearsay evidence shall be admissible in hearings, but the fact that evidence is hearsay may affect the weight to be given to the evidence by the council in reaching a determination of any question of fact. Failure on the part of the city council to strictly enforce rules of evidence and reject certain matters which may be irrelevant or immaterial shall not be sufficient to constitute reversible error on the part of the city council, if basic procedural due process is granted to all parties and a fair hearing has been conducted. Errors which do not affect substantial rights will be disregarded, and no presumption of prejudicial error is raised by the failure to strictly adhere to procedural requirements. (Ord. 1486 § 2, 1973; prior code § 1.225(1)).

2.04.360 Hearings – Evidence to be presented.

The following evidence may be presented at hearings:

A. Oral Evidence. All oral statements which are relevant to the subject matter of the hearing may be considered by the council. Oral evidence may be taken on oath or affirmation at the request of any interested party or his authorized representative.

B. Exhibits and Documents. Exhibits and documents used by the city staff and any persons participating in the hearing may be considered as evidence.

C. Communications and Petitions. All communications and petitions concerning the subject matter of the hearing shall be read aloud either in full or by synopsis thereof; provided, that a reading in full shall be had at the request of any councilmember. All such communications and petitions may be considered as evidence by the council.

D. Staff Reports. Whenever practicable a written staff report shall be prepared and read aloud as part of the staff presentation. Said report shall be considered as evidence.

E. Maps and Displays. Large size maps and displays presented for use at the hearing shall, whenever practicable, be displayed in full view of the participants and the audience. Said maps or displays, or authentic reductions thereof, may be considered as evidence.

F. Admissible Evidence. The hearing need not be conducted to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a decision unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. (Ord. 1486 § 2, 1973; prior code § 1.225(2)).

2.04.370 Hearings – Evidence taken outside chambers considered when.

Any evidence taken outside the council chambers, such as field trips, views of the premises and discussions with individuals, shall not be considered by the council in reaching its decision, except under the following circumstances:

A. When, during the hearing, the meeting is adjourned to a date, place and time certain for the specific purpose of taking visual or demonstrative evidence, such evidence may be considered; or

B. With the consent, either oral or written, of all interested persons or their authorized representatives appearing at, or demonstrative evidence outside, the council chambers; provided, that the hearing shall be continued to a date and time certain, and upon reconvening in the chambers, each councilmember shall orally report his observations of such outside evidence taken, and he shall be subject to examination thereon by any interested person or his authorized representative. (Ord. 1486 § 2, 1973; prior code § 1.225(3)).

2.04.380 Hearings – Continuances.

Any hearing being held, or noticed or ordered to be held by the council, may, by minute action, be continued to any subsequent regular or adjourned meeting of the council; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance shall be posted outside the council chambers forthwith following the meeting at which the order of continuance was made. No hearing shall be continued for a period of more than 40 days; provided, however, that the council may continue hearings from time to time within said 40-day period; and provided further, hearings may be continued by consent of the moving party for a period beyond said time limit. (Ord. 1486 § 2, 1973; prior code § 1.225(4)).

2.04.390 Hearings – Decisions and determinations.

The council shall consider all evidence properly presented in accordance with the rules stated herein and, unless otherwise provided by law, shall render a decision or determination on the matter within 40 days of the close of the hearing; provided, that the moving party may consent to a continuance for a greater period of time for decision. Said decision or determination shall be by motion made and action taken thereon at a regular or adjourned meeting of the council. Any councilmember who was not present during the entire hearing or who, in the opinion of the city attorney, has substantial conflict of interest in the matter shall disqualify himself from discussing or voting on said matter; provided, however, a councilmember who was in attendance for a substantial portion of the hearing and who has reviewed the testimony by listening to the mechanical recording of the testimony and examining any evidence that has been presented may upon a representation of full understanding of the matter under consideration be allowed to vote. (Ord. 1486 § 2, 1973; prior code § 1.225(5)).

2.04.400 Hearings – Recordings to be made – Transcriptions.

A verbatim mechanical recording shall be made of the oral evidence presented at the hearing. Said recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained by the city clerk for a period of one year from the date of the close of the hearing. In lieu of retaining said recording, the city clerk may prepare a typewritten transcript thereof which shall be retained for the same period of time. Said recording or transcript and evidentiary documents shall be made available for public inspection and use at reasonable times and under such reasonable conditions as may be prescribed by the city clerk; provided, however, that any party requesting transcriptions of hearings shall be required to pay sufficient fees to cover the cost of transcribing the hearings and to pay any other fees as prescribed by ordinance. (Ord. 1486 § 2, 1973; prior code § 1.225(6)).

2.04.410 Minutes – Records to be kept – Form and contents.

The minutes of the council shall be kept by the city clerk and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted set off in paragraphs with proper subheads; provided, that the city clerk shall be required to make a record only of such business as was actually passed upon by a vote of the council and shall not be required to make a verbatim transcript of the proceedings; and provided further, that a record shall be made of the names and addresses of persons addressing the council, the title of the subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter. The city clerk shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the city council. (Ord. 1486 § 2, 1973; prior code § 1.226(1)).

2.04.420 Minutes – Councilmembers’ remarks entered when.

A councilmember may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered in the minutes. (Ord. 1486 § 2, 1973; prior code § 1.226(2)).

2.04.430 Minutes – Synopsis of discussion entered when.

The clerk may be directed by the presiding officer, with the consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council. (Ord. 1486 § 2, 1973; prior code § 1.226(3)).

2.04.440 Minutes – Delivery to councilmembers and other officers.

As soon as possible after each council meeting, the city clerk shall cause a copy of the minutes thereof to be forwarded to each councilmember, the city manager, other officers of the city and department heads. (Ord. 1486 § 2, 1973; prior code § 1.226(4)).

2.04.450 Motions – Presentation generally – Resolutions required when.

A motion is the formal statement of a proposal or question to the council for consideration and action. Every councilmember has the right to present a motion. A motion is generally not to be considered as a legislative action of the council but is in the nature of direction or instruction; however, a motion will generally suffice unless a resolution is specifically called for by law or unless there is some reason for desiring the particular action formalized by separate instrument. In most cases, a resolution is little more than a formal motion set forth in a formal document. In some matters, such as an assessment proceeding or the grant or denial of variances, a resolution is required. A resolution should be required under any circumstances where the action, even though of a temporary nature, is desired to be formally recorded in the office of the city clerk and becomes a numbered document which can be used for each reference. Legislative actions as set forth in CVMC 2.04.480 should be by ordinance or resolution. If the motion contains two or more divisible propositions, the presiding officer may and upon request of a councilmember shall, unless appealed, divide the same. (Ord. 1486 § 2, 1973; prior code § 1.227).

2.04.460 Motions – Order of precedence.

A. When a main motion is before the council, no motion shall be entertained except the following, which shall have precedence, one over the other, in the following order:

1. Adjourn;

2. Recess;

3. Postpone temporarily or definitely (table);

4. Previous question;

5. Limit or extend debate;

6. Refer to committee or staff;

7. Substitute;

8. Amend;

9. Postpone;

10. Main motion.

B. The above order of preference is subject to the following restrictions:

1. A motion shall not be repeated without intervening business or discussion;

2. A motion shall not be in order when the previous question has been ordered;

3. A motion shall not be in order while a vote is being taken. (Ord. 1486 § 2, 1973; prior code § 1.228).

2.04.470 Motions – Purpose and criteria described.

The purpose and salient criteria of the motions listed in CVMC 2.04.460 above are as follows:

A. Motion to Adjourn.

1. Purpose: To terminate a meeting;

2. Debatable or amendable: No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned.

B. Motion to Recess.

1. Purpose: To permit an interlude in the meeting and to set a definite time for continuing the meeting;

2. Debatable or amendable: Yes, but restricted as to time or duration of recess.

C. Motion to Postpone Temporarily.

1. Purpose: To set aside on a temporary basis a pending main motion; provided, that it may be taken up again for consideration during the current meeting or at the next regular meeting. It is also referred to as a motion to lay on the table;

2. Debatable or amendable: It is debatable but not amendable.

D. Motion for Previous Question.

1. Purpose: To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or motions;

2. Debatable or amendable: No.

E. Motion to Limit or Extend Debate.

1. Purpose: To limit or determine the time that will be devoted to discussion of a pending motion, or to extend or remove limitations already imposed on its discussion;

2. Debatable or amendable: Not debatable; amendments are restricted to period of time of the proposed limit or extension.

F. Motion to Refer to Committee or Staff.

1. Purpose: To refer the question before the council to a committee or to the city staff for the purpose of investigating or studying the proposal and to make a report back to the council. If the motion fails, discussion or vote on the question resumes;

2. Debatable or amendable: Yes.

G. Substitute Motion.

1. Purpose: To strike out one main motion and insert another main motion in its place, which may be done so long as it is related to the subject of the original motion;

2. Debatable or amendable: The substitute motion is left unacted on until councilmembers have the opportunity to perfect the main motion by amendments, if desired. The substitute motion is debatable and subject to amendment. After amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion.

H. Amend.

1. Purpose: To modify or change a motion that is being considered by the council so that it will express more satisfactorily the will of the members. If the motion passes, then the main motion should be voted on as amended;

2. Debatable or amendable: It is debatable unless applied to an undebatable main motion. It is amendable.

I. Postpone Indefinitely.

1. Purpose: To prevent further discussion and voting on the main motion. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of the main motion shall not be brought up again for the remainder of the meeting or the next regular meeting;

2. Debatable or amendable: It is debatable but not amendable.

J. Main Motion.

1. Purpose: The primary proposal or question before the council for discussion and decision;

2. Debatable or amendable: Yes. (Ord. 1486 § 2, 1973; prior code § 1.229).

2.04.480 Legislative action to be by ordinance or resolution when.

All legislative action undertaken by the city council shall be by means of an ordinance or resolution. Legislation of a permanent nature which is to remain in force until amended or repealed, which establishes rights and obligations and the failure to comply with which may result in a penalty, shall be by ordinance. All matters of a special or temporary nature or authorizing an action on the part of the presiding officer, member of the council or members of the administrative staff shall be by resolution. (Ord. 1486 § 2, 1973; prior code § 1.230).

2.04.490 Ordinances – Preparation.

All ordinances, except ordinances initiated by the electors of the city pursuant to the provisions of Section 1003 of the Charter, shall be prepared in writing by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council or requested in writing by the city manager or prepared by the city attorney on his own initiative. (Ord. 1486 § 2, 1973; prior code § 1.231).

2.04.500 Ordinances and resolutions – Prior approval required when.

All ordinances, except ordinances initiated by the electors of the city pursuant to the provisions of Section 1003 of the Charter, and all resolutions and contract documents shall be approved as to form by the city attorney before presentation to the council, and where substantive matters of administration are involved, shall have been examined for administration purposes by the city manager or his authorized representative. All ordinances and resolutions shall indicate the sponsoring or presenting authority thereon. (Ord. 1486 § 2, 1973; prior code § 1.232).

2.04.510 Ordinances and resolutions – Introduction and sponsorship required when – Readings – Amendment.

A. Ordinances, resolutions and other matters or subjects requiring action by the council must be introduced and sponsored by a member of the council, except that the city manager or the city attorney may present the ordinances, resolutions or other matters or subjects to the council for consideration.

B. With the sole exception of ordinances which take effect upon adoption referred to in this chapter, no ordinance shall be passed by the council on the day of its introduction or within five days thereafter or at any other time than at a regular or special meeting.

C. In accordance with Section 311 of the Charter of the city, at the time of the adoption of an ordinance or resolution, the text of said ordinance or resolution shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by the unanimous consent of the councilmembers present; provided, however, that if in conjunction with the motion introducing ordinances and offering resolutions at the time of adoption, the moving councilmember includes a motion to waive the text or the reading of the text and to read the heading or title only. Said motion to waive shall be deemed to have received unanimous consent of the councilmembers present, and the city clerk shall so record in the minutes of the council meeting that unanimous consent to the waiver of the reading of the text of an ordinance or resolution was duly obtained. No second shall be required to a motion introducing an ordinance or offering a resolution.

D. A proposed ordinance may be amended between the time of its introduction and the time of its final passage, providing its general scope and original intention are retained. The correction of typographical or clerical errors shall not constitute an amendment within the meaning of this section. (Ord. 1486 § 2, 1973; prior code § 1.233).

2.04.520 Ordinances – Title.

Each ordinance shall be preceded by a brief title which shall indicate the subject purport thereof. (Ord. 1486 § 2, 1973; prior code § 1.234).

2.04.530 Ordinances – Ordaining clause.

The ordaining clause of all ordinances adopted by the council shall be substantially as follows: “The Council of the City of Chula Vista does ordain as follows:”; and the ordaining clause of all ordinances adopted by the people shall be: “The People of the City of Chula Vista do ordain as follows:”. (Ord. 1486 § 2, 1973; prior code § 1.235).

2.04.540 Ordinances – Effective date of adoption.

No ordinance adopted by the council shall become effective until 30 days from and after the date of its adoption, except the following which shall take effect upon adoption:

A. An ordinance calling or otherwise relating to an election;

B. An improvement-proceeding ordinance adopted under some law or procedural ordinance;

C. An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property, or adopting a budget;

D. An emergency ordinance adopted in the manner provided for in Section 311 of the Charter;

E. An ordinance annexing areas to the city;

F. An ordinance providing for a tax levy or appropriation for the usual current expenses of the city. (Ord. 1486 § 2, 1973; prior code § 1.236).

2.04.550 Voting – Procedure generally.

A. Voting shall be conducted by the use of the voting light system installed in the council chambers. A red light designates a “no or negative” vote; a green light designates a “yes or affirmative” vote; and an amber light designates a vote to “abstain.” When a member of the council votes to “abstain,” he must audibly state his reason for abstaining, and in the event he fails to make any such statement, his silence shall be recorded as an affirmative vote, although he may have designated his vote by the use of the amber light.

B. Every member should vote unless disqualified for cause accepted by vote of the council or by the opinion of the city attorney. Self-disqualification without approval which results in a tie vote shall be avoided as thwarting council action, but no councilmember shall be forced to vote. A councilmember who abstains shall in effect consent that a majority of the quorum may act for him. Tie votes shall be lost motions and may be reconsidered.

C. A councilmember who has a direct personal financial interest in any matter coming before the city council shall disclose said interest and shall disqualify himself from discussing or voting on said matter. Where it is not clear whether such interest is of a disqualifying nature, the councilmember shall state the facts of the matter to the City Attorney and request an opinion thereon prior to the meeting.

D. The Council may at any time, or from time to time, dispense with the use of the voting light system by voice vote of the majority. In such an event, voting shall be conducted by voice vote until such time as a determination is made to again use the voting light system or some other system.

E. When the Council is voting by voice vote, unless a member states that he is abstaining from voting and gives his reasons therefor, his silence shall be recorded as an affirmative vote. A negative vote shall be registered by the oral statement of “no” by the Councilmember voting. Upon roll call on any voice vote taken, silence by any Councilmember when his name is called constitutes a “yes or affirmative” vote.

F. All ordinances, resolutions and other matters submitted to the Council shall be passed or defeated by a majority vote of the Council, unless a greater number of votes may be required by law. The word “majority” shall mean three affirmative votes for purposes of approval, or three negative votes for purposes of denial. In instances where a majority vote cannot be obtained and no additional action is taken, such matter shall automatically be added to the next agenda of the Council. (Ord. 1486 § 2, 1973; prior code § 1.237).

2.04.560 Voting – Changes permitted when.

A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. (Ord. 1486 § 2, 1973; prior code § 1.238).

2.04.570 Reconsideration or rescission of prior action – Procedure generally.

After motion and vote by the Council, such action may be reconsidered or rescinded only in the following manner:

A. A motion to set aside a vote (to reconsider) on a main motion shall always be in order at the same meeting. The motion to reconsider is amendable and debatable. Such motion can be made by any Councilmember regardless of how he previously voted on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action.

B. A motion to rescind (repeal, cancel, nullify) prior Council action on a main motion shall be in order at any meeting of the Council. The effect of rescinding prior Council action shall operate prospectively only and not retroactively to the date of the original action. That is, it shall not operate to adversely affect intervening legal rights which create an estoppel situation.

C. A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in a lost motion. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meeting, the proper action is a motion to reconsider discussed in this section.

D. Any member shall have the right to have his reasons for his dissent from, or protest against, any action of the Council entered in the minutes. (Ord. 1486 § 2, 1973; prior code § 1.239).

2.04.580 Councilmembers – Compensation.

Repealed by Ord. 2444 § 4, 1991. (Ord. 2240 § 1, 1987; Ord. 2183 § 1, 1986; Ord. 2133 § 1, 1985; Ord. 2093 § 1, 1984; Ord. 2060 § 1, 1984; Ord. 2014 § 1, 1982; Ord. 1963 § 1, 1981; Ord. 1929 § 1, 1980; Ord. 1886 § 1, 1979; Ord. 1871 § 1, 1979; Ord. 1794 § 1, 1978; Ord. 1730 § 1, 1977; Ord. 1660 § 1, 1976; Ord. 1515 § 1, 1974; prior code § 1.240).

2.04.590 Mayor – Compensation.

Repealed by Ord. 2444 § 4, 1991. (Ord. 2240 § 1, 1987; Ord. 2183 § 1, 1986; Ord. 2133 § 1, 1985; Ord. 2093 § 1, 1984; Ord. 2060 § 1, 1984; Ord. 1963 § 1, 1981; Ord. 1929 § 1, 1980; Ord. 1886 § 1, 1979).

Chapter 2.05
PERSONNEL AND CIVIL SERVICE REGULATIONS

Sections:

2.05.010 Unclassified positions established.

2.05.020 Criminal conduct – Ineligibility for employment.

2.05.010 Unclassified positions established.

In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled Administrative Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing, Assistant Director of Engineering, Assistant Director of Finance, Assistant Director of Human Resources, Assistant Director of Planning, Assistant Director of Public Works, Assistant Director of Recreation, Assistant Director of Redevelopment and Housing, Assistant Fire Chief, Assistant Library Director, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director – SD LECC, CBAG Administrative Analyst I, CBAG Administrative Analyst II, CBAG Analyst, CBAG Budget Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics Designer/Webmaster, CBAG Lead Programmer Analyst, CBAG Management Assistant, CBAG Microcomputer Specialist, CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Program Analyst, CBAG Program Manager, CBAG Regional Computer Forensic Laboratory Network Engineer, Chief of Staff, City Engineer, Coastal/Environmental Policy Consultant, Constituent Services Manager, Deputy Building Official, Deputy City Manager, Development Planning Manager, Director of Budget and Analysis, Director of Communications, Director of Conservation and Environmental Services, Economic Development Officer, Executive Assistant to the City Manager, Fiscal Operations Manager, Government Relations Liaison, Human Resources Operations Manager, Office Specialist (Mayor’s Office), Parks and Open Space Manager, Police Captain, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Risk Manager, Senior Council Assistant, Special Projects Manager, Traffic Engineer, Transit Coordinator, Transit Manager, Treasury Manager. (Ord. 3115 § 1, 2008; Ord. 3095 § 1, 2007; Ord. 3078 § 1, 2007; Ord. 3065 § 1, 2007; Ord. 3053 § 1, 2006; Ord. 3040 § 1, 2006; Ord. 3022 § 1, 2005; Ord. 3020 § 1, 2005; Ord. 3012 § 1, 2005; Ord. 3000 § 1, 2005; Ord. 2998 § 1, 2005; Ord. 2991 § 1, 2004; Ord. 2989 § 1, 2004; Ord. 2976 § 1, 2004; Ord. 2975 § 1, 2004; Ord. 2972 § 1, 2004; Ord. 2941 § 1, 2003; Ord. 2935 § 1, 2003; Ord. 2931 § 1, 2003; Ord. 2790, 1999; Ord. 2721 § 1, 1998; Ord. 2699 § 2, 1997; Ord. 2685 § 1, 1996; Ord. 2640 § 1, 1995; Ord. 2637 § 1, 1995; Ord. 2619 § 2, 1994; Ord. 2540 § 1, 1993; Ord. 2497 § 1, 1992; Ord. 2480 § 1, 1991; Ord. 2450 § 1, 1991; Ord. 2272 § 1, 1988; Ord. 2236 § 1, 1987; Ord. 2121, 1985; Ord. 1907 § 1, 1980; Ord. 1719 § 1, 1976; Ord. 1636 § 1, 1975).

2.05.020 Criminal conduct – Ineligibility for employment.

A. Except as otherwise provided in this chapter, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City; provided, however, that the Director of Human Resources may disregard such conviction if it is found and determined that mitigating circumstances exist. In making such determination, the following factors shall be considered:

1. The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;

2. The nature and seriousness of the offense;

3. The circumstances surrounding the conviction;

4. The length of time elapsed since the conviction;

5. The age of the person at the time of the conviction;

6. The presence or absence of rehabilitation or efforts at rehabilitation;

7. Contributing social or environmental conditions.

B. The Director of Human Resources shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment.

C. An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within 10 days of the date of the notice of disqualification. The City Manager shall hear and determine the appeal within 90 days after it is filed. The determination of the City Manager on the appeal shall be final.

D. Notwithstanding the provisions in this section, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony.

E. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the City are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this section: City Manager, Assistant City Manager, Director of Human Resources, Chief of Police, City Attorney.

F. Pursuant to Section 11105 of the Penal Code of the state of California, the City Council of Chula Vista hereby authorizes the City Manager to have access and to utilize state summary criminal history information as a requirement for driving in the local public transportation service of Chula Vista Transit and HandYtrans. (Ord. 2699 § 3, 1997; Ord. 2115 § 1, 1985; Ord. 1742 § 1, 1977).

Chapter 2.06
CITY ENGINEER*

Sections:

2.06.010 Position created – Powers and duties.

* For statutory provisions authorizing city expenditure for public works, see Gov. Code § 40401, et seq.; for statutory authority for cities to name another official to perform the office of superintendent of streets, see Streets and Highways Code § 5012.

2.06.010 Position created – Powers and duties.

Pursuant to the provisions of Section 5012 of the Streets and Highways Code, the city engineer is appointed to perform the duties imposed upon the street superintendent by the Improvement Act of 1911. All of the provisions of the Improvement Act of 1911 applicable to the street superintendent shall apply to the city engineer. The city council assigns said duties to the city engineer as additional functions and duties of the office of city engineer. (Ord. 767 § 1, 1961).

Chapter 2.07
MANAGEMENT AND INFORMATION SERVICES DEPARTMENT

Sections:

2.07.010 Established – Purpose.

2.07.020 Duties and responsibilities.

2.07.010 Established – Purpose.

There is hereby established, pursuant to Charter Section 501, a management and information services department, which shall have responsibility for the provision of administrative and technological services, including city-wide data processing, word processing, telecommunication, and policy analysis and program activities, designed to improve the efficiency and effectiveness of city operations. (Ord. 2480 § 2, 1991).

2.07.020 Duties and responsibilities.

The management and information services department shall be under the supervision of the director of management and information services, which office shall be the department head in the unclassified city service pursuant to Charter Section 501. The director of management and information services shall be appointed by and shall report to the city manager and shall have the following duties and responsibilities:

A. Appointing employees to all positions provided by the city council in the department’s budget, pursuant to Charter Section 507, and subject to the city manager’s approval.

B. Training, supervising and evaluating the work of principal subordinates.

C. Coordinating and directing city-wide information system services, including data processing and word processing services.

D. Managing the city’s telephone system and other telecommunication systems.

E. Reviewing and prioritizing automation proposals throughout the city.

F. Assisting other city departments in developing new automation systems to improve the overall efficiency and effectiveness of city operations.

G. Contracting with other jurisdictions and other noncity agencies, as appropriate, to provide data processing services and managing said contracts. (Ord. 2480 § 2, 1991).

Chapter 2.08
FINANCE OFFICER*

(Reserved)

* For powers and duties of the city finance officer, see Charter § 505.

Chapter 2.09
POLICE DEPARTMENT

Sections:

2.09.010 Established – Purpose.

2.09.020 Chief – Duties and responsibilities.

2.09.010 Established – Purpose.

There is established, pursuant to Charter Section 501, a police department, which shall have the responsibility for the prevention and suppression of crime within the corporate limits of the city. The department shall have all those powers and duties assigned by the city Charter, this municipal code, laws of the state not inconsistent with the city Charter, and as may be assigned by the city manager or city council. (Ord. 2388 § 2, 1990).

2.09.020 Chief – Duties and responsibilities.

The police department shall be under the supervision of the police chief, which office shall be the department head in the unclassified city service pursuant to Charter Section 501. The police chief shall have the following duties and responsibilities:

A. The police department shall be administered by the police chief as same may be, from time to time, directed by the city manager. The police chief shall be appointed by and shall report to the city manager.

B. The police chief shall, personally and through the direction and use of the human, tangible and intangible resources of the city assigned to the police department, protect and serve the city of Chula Vista, and its citizens, residents, and inhabitants, and shall enforce the Constitution and laws of the United States, the Constitution and laws of the state of California, and the Charter and ordinances of the city of Chula Vista, and the rules, regulations, and policies of the city of Chula Vista (“laws”). The aforementioned laws are listed in order of priority so that, in the event that there may be an irreconcilable conflict between the laws, it shall be the duty of the police chief to enforce the law first mentioned.

C. Be the appointing power for all positions provided by the city council for the department, as provided in Charter Section 507, subject to city manager approval.

D. The police chief shall, at the request of the city council or the city manager, and to the extent not inconsistent with, or in violation of, any laws, provide such advice, reports, surveys, and recommendations relative to police matters, security, enforcement of laws, and any other matters as may, from time to time, be requested of his office or the police department.

E. The police chief shall charge, collect and account to the director of finance the required fee(s) for all services, including but limited to fingerprint identification and animal control services. (Ord. 2506 § 1, 1992; Ord. 2388 § 2, 1990; Ord. 1887 § 1, 1980).

Chapter 2.10
FIRE DEPARTMENT*

Sections:

2.10.010 Established – Purpose.

2.10.020 Fire chief – Duties and responsibilities.

2.10.030 Repealed.

2.10.040 Fire chief – Duty of citizens to assist.

2.10.050 Fire chief – Officers to act in absence.

2.10.060 Fire guard – Composition – Duties – Obedience required.

2.10.070 Violation – Penalty.

2.10.080 Repealed.

2.10.090 Repealed.

2.10.100 Repealed.

* For statutory authority for cities to provide fire protection, see Gov. Code § 38601.

         CROSS REFERENCES: Uniform Fire Code, see Ch. 15.36 CVMC. Duty to Aid, see Ch. 2.12 CVMC.

2.10.010 Established – Purpose.

There is established pursuant to Charter Section 501 a fire department which shall have the responsibility for preventing and suppressing fire within the corporate limits of the city. The department shall have all those powers and duties assigned by the city Charter, this municipal code, laws of the state not inconsistent with the city Charter, and as may be assigned by the city manager or city council. (Ord. 2388 § 3, 1990; prior code § 14.1).

2.10.020 Fire chief – Duties and responsibilities.

The fire department shall be under the supervision of the fire chief, which office shall be the department head in the unclassified city service pursuant to Charter Section 501. The fire chief shall have the following duties and responsibilities:

A. The fire department shall be administered by the fire chief as same may be, from time to time, directed by the city manager. The fire chief shall be appointed by and shall report to the city manager.

B. The fire chief shall, personally and through the direction and use of the human, tangible and intangible resources of the city assigned to the fire department, protect the city of Chula Vista, and its citizens, residents and inhabitants, and its property and improvements, and, to the extent of their capability, provide such fire prevention and suppression services and emergency medical services needed to provide protection to life and property.

C. The fire chief, or designee, shall have full power to control, and full command over, all persons at and as to fires occurring within the corporate limits of the city, and shall station the engines and apparatus and see that all persons belonging to the fire department do the duties prescribed to them.

D. The fire chief, or designee, shall at all times have complete control and supervision over all fire extinguishing apparatus belonging to the city and shall have complete control and supervision over all buildings or rooms used for fire department purposes.

E. The fire department of the city shall, under the direction of the fire department officer in charge, cut down or remove any building, erection or fence for the purpose of checking the progress of a fire.

F. Be the appointing power for all positions provided by the city council for the department, as provided in city Charter Section 507, subject to city manager approval.

G. The fire chief shall have the discretion to adopt all prudent measures for the prevention of fires, and for this purpose may, as often as deemed proper, enter into any houses, buildings, lots, yards or premises within the city and examine such houses, buildings, lots, yards or premises, or any apparatus belonging to any building or premises, and give directions for their alteration, change, better management or removal in accordance with the procedure set forth in CVMC 1.16.010.

H. The fire chief shall, at the request of the city council or the city manager, and to the extent not inconsistent with, or in violation of, any laws, provide such advice, reports, surveys, and recommendations relative to fire and paramedic matters, and other matters as may, from time to time, be requested of his office of the fire department. (Ord. 2388 § 4, 1990; prior code § 14.2).

2.10.030 Fire chief – Supervisor of personnel, equipment and buildings – Duty to firemen’s club.

Repealed by Ord. 2388 § 5, 1990. (Prior code § 14.3).

2.10.040 Fire chief – Duty of citizens to assist.

Any person who shall resist or hinder the fire chief in the performance of his duties or shall fail when asked to assist him shall be guilty of a violation of this chapter.

All directions given by the fire chief under the authority of this chapter shall be complied with by the persons directed in that regard and at their expense and any person failing to comply with such directions shall be guilty of a violation of this chapter. (Ord. 2388 § 6, 1990; prior code § 14.4).

2.10.050 Fire chief – Officers to act in absence.

In the absence of the fire chief from any fire occurring within the corporate limits of the city, the officer of the fire department designated by the fire chief present at the scene of the fire or other emergency to which the fire department resources are dispatched shall be in charge as to the assigned emergency, and shall have the same powers and perform the same duties as the fire chief. (Ord. 2388 § 7, 1990; prior code § 14.5).

2.10.060 Fire guard – Composition – Duties – Obedience required.

At all fires occurring within the city, the fire chief or police chief and all fire personnel and police officers shall act as a fire guard under the direction of the officer of the fire department in charge. It shall be the duty of the fire guard to keep all idle and suspected persons from the fire and its vicinity and to use all proper measures within their power to protect life and property. Any person failing to comply with either of their directions shall be guilty of a violation of this chapter. (Ord. 2388 § 9, 1990; prior code § 14.6).

2.10.070 Violation – Penalty.

Any and all persons who violate any of the provisions of this chapter shall severally and for each and every such violation be guilty of a misdemeanor. (Ord. 2388 § 10, 1990; prior code § 14.16).

2.10.080 Fire chief – Appointment of duties.

Repealed by Ord. 2388 § 8, 1990. (Prior code § 14.8).

2.10.090 Fire guard – Failure to obey fire guard.

Repealed by Ord. 2388 § 8, 1990. (Prior code § 14.9).

2.10.100 Violations of article.

Repealed by Ord. 2388 § 8, 1990. (Prior code § 14.16).

Chapter 2.12
FIRE AND POLICE DEPARTMENT
DUTY TO AID*

Sections:

2.12.010 Assistance required in addition to regular duties.

2.12.020 Workmen’s compensation eligibility in case of injury.

* For statutory authority for cities to provide police protection, see Gov. Code § 38630; for statutory authority for cities to provide protection, see Gov. Code § 38601.

         CROSS REFERENCE: Fire Department, see Ch. 2.10 CVMC.

2.12.010 Assistance required in addition to regular duties.

In addition to the performance of their regular and ordinary duties, it shall be the duty of all policemen, firemen and street employees of the city, at all times, and under all circumstances, to go to the aid of all persons or animals in distress or danger and render them such help and assistance as lies within their power. (Prior code § 2.16).

2.12.020 Workmen’s compensation eligibility in case of injury.

In case any policeman, fireman, or street employee of the city should be injured while rendering such additional services as aforementioned, he shall be deemed to be injured in the course of his employment and shall be entitled to workmen’s compensation therefor, as provided by law. (Prior code § 2.17).

Chapter 2.14
EMERGENCY ORGANIZATION DEPARTMENT*

Sections:

2.14.010 Purpose and intent of provisions.

2.14.020 Emergency defined.

2.14.030 Disaster council – Created.

2.14.040 Disaster council – Composition.

2.14.050 Disaster council – Powers and duties.

2.14.060 Disaster council – Meetings.

2.14.070 Director – Office created – Appointment of assistant director.

2.14.080 Director – Powers and duties.

2.14.090 Director – Designation of order of succession.

2.14.100 Assistant director – Powers and duties.

2.14.110 Composition of organization during an emergency.

2.14.120 Emergency plan development.

2.14.130 Expenditures.

2.14.140 Unlawful acts during an emergency.

* For statutory provisions regarding the establishment and powers of local war or disaster councils, see Gov. Code § 610, et seq.; for provisions regarding the State Emergency Council’s rules and regulations governing disaster service workers, see Gov. Code § 8580.

2.14.010 Purpose and intent of provisions.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. (Ord. 1408 § 1, 1972).

2.14.020 Emergency defined.

For the purposes of this chapter, the following word shall have the meaning ascribed to it by this section:

“Emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 1408 § 1, 1972).

2.14.030 Disaster council – Created.

The disaster council is created. (Ord. 1408 § 1, 1972).

2.14.040 Disaster council – Composition.

The disaster council shall consist of the following:

A. The mayor, who shall be chair;

B. The director of emergency services, who shall be vice-chair;

C. The assistant director of emergency services;

D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter;

E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council. (Ord. 1408 § 1, 1972).

2.14.050 Disaster council – Powers and duties.

It shall be the duty of the disaster council, and it is empowered, to develop and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. (Ord. 1408 § 1, 1972).

2.14.060 Disaster council – Meetings.

The disaster council shall meet upon call of the chair, or in his absence from the city or inability to call such meeting, upon call of the vice-chair. (Ord. 1408 § 1, 1972).

2.14.070 Director – Office created – Appointment of assistant director.

There is created the office of director of emergency services. The city manager shall be the director of emergency services. There is created the office of the assistant director of emergency services, who shall be appointed by the director. (Ord. 1408 § 1, 1972).

2.14.080 Director – Powers and duties.

The director of emergency services is empowered to:

A. Request the city council to proclaim the existence or threatened existence of a “local emergency” if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation at their next regularly scheduled council meeting held after the date of the proclamation, or the proclamation shall have no further force or effect unless terminated sooner by the city council at a special meeting called by the council for that purpose;

B. Request the Governor to proclaim a “state of emergency” when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;

C. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter;

D. Direct cooperation between and coordination of services and staff of the emergency organization of this city, and resolve questions of authority and responsibility that may arise between them;

E. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;

F. In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the director of the State Office of Emergency Services, or the existence of a “state of war emergency,” the director is hereby empowered:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council,

2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use,

3. To require emergency services of any city officer or employee and, in the event of the proclamation of a “state of emergency” in the county in which this city is located or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers,

4. To requisition necessary personnel or material of any City department or agency, and

5. To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, and by any other lawful authority. (Ord. 2505 § 1, 1992; Ord. 1408 § 1, 1972).

2.14.090 Director – Designation of order of succession.

The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council. (Ord. 1408 § 1, 1972).

2.14.100 Assistant Director – Powers and duties.

The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Director. (Ord. 1408 §  1, 1972).

2.14.110 Composition of organization during an emergency.

All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of CVMC 2.14.080, be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City. (Ord. 1408 § 1, 1972).

2.14.120 Emergency plan development.

The City Disaster Council shall be responsible for the development of the City emergency plan, which plan shall provide for the effective mobilization of all of the resources of this City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. (Ord. 1408 § 1, 1972).

2.14.130 Expenditures.

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. 1408 § 1, 1972).

2.14.140 Unlawful acts during an emergency.

It is a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:

A. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed by him by virtue of this chapter;

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof;

C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 1408 § 1, 1972).

Chapter 2.15
LIBRARY DEPARTMENT

Sections:

2.15.010 Established – Scope.

2.15.020 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. (Ord. 3069 § 3, 2007).

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.

I. 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. (Ord. 3069 § 3, 2007).

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. (Ord. 3069 § 2, 2007).

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 th