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HomeMy WebLinkAbout2013/05/28 Item 08CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF "~- ~ CHULAVISTA DATE MAY 28, 2013, Item ~' ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS IN RESPONSE TO THE CHARTER REVIEW COMMISSION'S REQUEST TO RETAIN OUTSIDE COUNSEL TO ADVISE ON POTENTIAL CHARTER AMENDMENT TO REQUIRE CITY RESIDENCY FOR THE CITY ATTORNEY SUBMITTED BY: CHARTER REVIEW COMMISSION, 1 REVIEWED BY: ASSISTANT CITY ATTORNEY 1.~'~I ~_, 4/STHS VOTE: YES ^X NO SUMMARY The Charter Review Commission is evaluating whether there should be a charter amendment which requests that the City Attorney be a resident of the City of Chula Vista. Because this issue may affect the City Attorney, who normally advises the Charter Review Commission, the Commission requests funds to hire outside counsel to advise on the matter. The Commission requests the authorization of funds up to $5000. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" in accordance with Section 15378(b)(2) of the State CEQA Guidelines because it is a request for funds to hire outside legal counsel; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary RECOMMENDATION Staff recommends that the City Council consider the Commission's request and determine the appropriate action. BOARDS/COMMISSION RECOMMENDATION The Charter Review Commission recommends approval. 8-1 MAY 28, 20] 3, Item Page 2 of 2 DISCUSSION Currently, the Charter states that the qualifications to be the City Attorney of Chula Vista are to be (1) a citizen of the United States, (2) a qualified elector, (3) a California resident and (4) licensed to practice law in California for at least seven years preceding taking office. All other Chula Vista elected positions, Council and Mayor, are required to be residents and registered voters in the City of Chula Vista. The Charter Review Commission believes that it may be in the best interests of the citizens of Chula Vista to require that the City Attorney also be a resident. There are ten other cities in the State of California with elected city attorneys. Of those ten, eight require the city attorney to be a resident of the city. The Charter Review Commission would like to investigate and evaluate whether there should be such a requirement for Chula Vista. Because this would impact the current City Attorney, there may be a conflict of interest which would preclude his office from advising the Commission on the matter. The City Attorney and his staff advise the Charter Review Commission. Because the issue the Charter Review Commission is considering could potentially affect the elected City Attorney position, it is prudent to avoid any appeazance of a conflict of interest involving that position. Therefore, the Commission would like to retain outside counsel to advise it. The Commission has received bids for counsel services from several qualified law firms in the area. It is estimated that the analysis and drafting of any potential Charter amendment would not exceed $5,000. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT The General Fund reserve will be reduced by $5,000 as a result of this action. It is anticipated that there will be sufficient savings overall in the General Fund at the end of the fiscal year to mitigate this impact. ONGOING FISCAL IMPACT There is no on-going fiscal impact to the General Fund as a result of this action. ATTACHMENTS None. Prepared by: The Charter Review Commission; Submitted by Jill D.S. Maland, Assistant City Attorney, on behalf of the Charter Review Commission 8-2 RESOLUTION NO. 2013- RESOLUTION pF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS IN RESPONSE TO THE CHARTER REVIEW COMMISSION'S REQUEST TO RETAIN OUTSIDE COUNSEL TO ADVISE ON POTENTIAL CHARTER AMENDMENT TO REQUIRE CITY RESIDENCY FOR THE CITY ATTORNEY WHEREAS, the City Charter currently provides that, in order to qualify to be the City Attorney of Chula Vista, one must be; (1) a citizen of the United States, (2) a qualified elector; (3) a California resident; and (4) licensed to practice law in all courts in California for at least seven years preceding taking office; and WHEREAS, all other Chula Vista elected positions, City Councilmembers and Mayor, are required to be residents and registered voters of the City of Chula Vista; and WHEREAS, the Charter Review Commission believes that it may be in the best interests of the citizens of Chula Vista to require that the City Attorney be a resident of the City and, accordingly, is considering recommending a proposed Charter amendment to add this residency requirement; and WHEREAS, the City Attorney and his staff advise the Charter Review Commission; and WHEREAS, because the contemplated amendment would impact the qualifications required to hold the position of City Attorney, it may give rise to the appearance of a conflict of interest for the current City Attorney to advise on this matter; and WHEREAS, in order to avoid any appearance of a conflict of interest involving the City Attorney, the Commission wou]d like to retain outside counsel to advise it on this matter; and WHEREAS, the Commission has received bids for counsel services from several qualified law firms and it is estimated that the analysis and drafting of any potential Charter amendment, and related services, would not exceed $5,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate funds in response to the Charter Review Commission's request to retain outside counsel to advise on a potential Charter amendment to require City residency for the City Attorney. Presented by Approved as to fo~m by Charter Review Commission J:\Attorney\FINAL RESOS\2013\OS 21 13\Charter Review Charter Amendment.doc 5/13/2013 3:53 PM 8-3