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HomeMy WebLinkAbout2016-01-13 CRC AgendaCHOM;STA Charter Review Commission REGULAR MEETING OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA January 13, 2016 6:00 p.m. CALL TO ORDER Executive Conference Room 103 276 Fourth Avenue Chula Vista ROLL CALL: Commissioners D�e La Rosa_, Felber , O'Donnell , Rhamy_, Ross _ , Spethman_, and Chair- Bellamy. CITY STAFF: Maland , Googins , Ponds , Norris PUBLIC COMMENTS Persons speaking during Public Comments may address the BoardlComrnission on any subject matter ivith n the BocirdlC'omnriss'ion's jttr,isdiction that is not listed cis an item on the agenda, State lativ generally prohibits the BoardlCom ission fi-orn discussing or taking action on any issue not included on the agenda, bait, if appropriate, the BoardlCommission may schedule the topic for ftituere discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS MS The Item(s) listed in this section of the agenda will be considered individuialb, by the BaardlCorrmission and are expected to elicit discussion and deliberation. If your ivi,sh to speak on any item, please fill out a "Request to Speak" forn-r. and submit it to the Secretary prior to the meeting. 1. Approval of December 9, 2015 Minutes 1 Consideration of Potential Charter Amendment 'Language to Charter 'Section 303 Regarding City Council Vacancies and All Vote -By -Mail Balloting 3. Review and Consideration of Charter Article Ill, including Sections 300, 303, and 306 through 313, to Identify Potential Charter Atnendixuents for Recommendation to the City Council OTHER BUSINESS 1. STAFF COMMENTS 2. CHAIR'S COMMENTS 3. COMMISSIONERS'/BOARD MEMBERS' COMMENTS ADJOURNMENT Materials provided to the Charter Review Commission related to any open - session item on this agenda are available for public review in the Chula Vista City Attorney's Office, during normal business hours. In compliance with the AMERICANS WITHDISABILITIESACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and /or participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691 -5041 (California Relay Service is available for the hearing impaired by dialing 711) at leastforty -eight hours in advance of the meeting. Page 2 1 Charter Review Commission Agenda Meeting Date: January 13, 2016 ADDITIONAL INFORMATION �� ,� r �; �� �� P III MEN NIPPON 11 w j:mm itva1larY� j� mmaro �aaa a t`i arc abi Filling Vacancies. Appointments and Special Elections, City Council shall fill such vacancy by election or appointment as set forth herein, 1. Vrcaa itl f ess Than One Year RRem ipin in � If a vacancy is declared by the Council with ogre (1) year or, lens remaining in tlae term from the date of declaration, the Council shall within 45 days appoint a person to fill the vacant seat on the City Council. In the event Council shall make such an appointment, such an appointee, office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Council or MC't'yOyal term... a. .S,Ist fol One Carididatg�. in the special election, the Voters in Mg the district for which a vacancy shall be filled shall be entitled to vote for one (1) candidate from the district. If a candidate receives the majority of the votes cast in that candidate's district, that candidate shall be deemed — E+:Rd—deckved—b)14he C-(�te-be elected to the vacant office. Ties among candidates shall be resolved in the manner provided in Section 300.A.3. See. 303. Vacancies. A.1 bs ic �finitiollof)W4ief�,,iVac,-Incy-o,eetH�s; Granting Permission for A C, es. D —ininf VacpnyA acarc y _on I e City-O-11,1i1l is p_ corn eadi o qg follow hi f instances gi�nd Lis effective on the corres2onlin d�qteinl�icatedv -yjganc, 1:,fiectiye—Date �Lcgurrencq aca�nr- _g� — ecutive Lh—edatq of the inieniber's last at)sence unless nien,� er is abseLit fron, —foUr collq___ b- rM,ul,jr, meCtillLs of tile city (�ouncil gxcus e4-jy-A��—C�itQ—OU—Ilc i section 303AIbelow sqhu held edlgd and held A �Mgnrber is cogyiagI af a-fi-elony or cringe —Thedatie of the cOlIvictiOn LlIvolving moral twRitufte Liember subinits —a letter 'lie effective date of the -�s —set -2-f_resijp—iafion to the- 1L—J Cjjy_Qlerk forth in such letter of resiggatiol, The election of a, member to _another seat on _The ienib lac er date on "ri-liell the n is swoon, into _ -- flee City colincil, or o, er office Mec -IJ-d-11-61 _the another office the election results are sqrre_nderof the jpei2beCs current sea, ceij until declares the seat Lified or tllq City_Counc vacant whichever is earliest year. but I. ess than 25 Months. If a vacancy is 3. 7ac—ailci—es—wi—th—MO—re—Tila—tl —011e �� declared by the Council with more than one year but less than 25 months remaining in the term from the date of declaration, the Council may either appoint a person to fill the vacant seat on the city Council, pursuant to subsection 13G.I., above, or call a special election to fill the vacancy, pursuant to subsection BQ2., above. The Council shall determine, by majority vote within fourteen days of the deelaration of vacancy, whether to fill the vacancy by appointment or by special election. Discussion Point Lor (LoMjjiLssiqLi: What if Council is unable to decide? if the Council determines to fill the vacancy by appointment and is unable to make an appointinci -it within 45 days of the Council declaring a vacancy, the Council's power to appoint is terminated and the Council shall call a special election pursuant to section 303BG.2., above. 4. hlamority _of ouncil Members Cap otwithstanding any other _not be A oinLed—.-N pp provision in this Section 303.BG to the contrary, if an appointment would result in a majority of the members serving on the City Council being appointed, the Council shall not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the Council shall call a special election to fill the office in accordance with section 303,13G.2. 5. Appginjqe C�ic -dear � i in "el oc � As provided in Section 300, C, any person Nyho is appointed by the Council to fill the office of Councilmeinber or Mayor may not seek nomination and election to said offices of Councilmeniber or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) frill terins thereafter. better-suited foi- an 2pd—inanve–?i § 17701. Events causing vacancy before expiration of terra, CAA GOVT § 1774 We is Annotated California Codes Government Code (Refs & Annos) Title i. General Division 4.. Public officers and Employees (Refs & Annos) Chapter 4. Resignations and Vacancies Article a. Vacancies (Refs & Annos) west's. nn,Csl.Gov,,Code § 1770 1770,. Events causing vacancy before expiration ofterin Effective: January x, 2015 Currentness An office becomes vacant on the happening of any of the following events before the expiration of the term.: ,J(a) The death of the incumbent. (b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated dine to disease, illness, or accident, and that there is reasonable cause to believe that the incumbent will not be ably; to perform the dirties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators. (c)(1) His or her resignation, except as provided in paragraph (2). (2) In the case of the office of city council member, 1111011 the delivery of a letter of resignation by the resigning, council member to the city clerk. The letter of resignation may specify a date on which the resignation will become effective. (d) His or her removal from office. (c) His or her ceasing to be an inhabitant of the state, or if tlhe office be local and one for which local residence is required by lava, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged. (f) His or her absence fronh the state with0ut the pern-iission required by lawn beyond the period allowed by law. (g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except wlhen . prevented by sickness, or when absent from the state with the permission required by lawn. (h) His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For purposes of this subdivision, Vh,- stta;fN, "Nekl' Q 201E I hafflzcin Fwuters No claiffa to otiJ'ln2� U.S. Government Works. 9770, Everts causyng vacancy before expiration of term, , .. CA GOVT § 1770 "trial courtyudgmcnt" nneans a jiidgmentby the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding. (i) IIis or her refusal or neglect to file his or her required oath or bond within the time prescribed. 0) Die decision of a competent tribunal declaring, void his or her election or appointment- (k) The making of an order vacation, his or her office or declaring the office vacant when the officer fails to fiunish an additional or supplemental bond. (I) His or her commitment to ahospital or sanitarium by a court ofconnpetent jurisdiction as a drug addict, dipsomaniac,, inebriate, or stimulant addict, but in that event the office shall not be deemed vacant until the order of coirhmitment'has become final. (m)(1) The incumbent is listed in the Excluded. Parties List System and all of the following subparagraphs apply. (A.) The office is one that the incumbent holds ex officio, by virtue of holding another office, or as anh appointee, (B) The appointed or ex officio office is on the governing board of a local agency that is, or may reasonably be expected to be, a participant or principal in a coveted transaction, pursuant to federal law. (C) A federal agency head or designee has not granted the incumbent an exception, in writing, permitting the incumbent to participate in a particular covered transaction in Nvbicli the local agency is, or may reasonably he expected to be, a participant or principal, (2) For purposes of this subdivision, the following terms have the following meanings: (A) "Excluded Parties List System" Paeans the list maintained and disseminated by the federal General Services Administration containing bares of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded froin participating in a covered transaction, pursuant to federal law. (B) "Local agency" includes, but is not limited to, a county, whether general law or chartered, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission, or agency of one of these entities. (C) "Federal law " includes, but is not limited to, federal regulations adopted pursuant to Section 2455 of Public Law 103-355 (108 Stat. 3327), Executive Order No, 11738, Executive Order No. 12549, and Executive order No. 12689. (3) This subdivision shall not apply to an elective office, "7esti ,Mexr' (D 2016 Thomson larder's. No Claim io original U.S. Govk rnmel't l,r+lay ks. § 1770. Events causing, vacancy before expiration of term, CA GOVT § 1770 Ci-edits (Stats.1943, c. 134, p, 969, § 1770. Amended by Stats.1943, c. 166, p. 1062; stats.1949, c. 1512, p. 2695, § 1, operative Jan. 1, 1952; Stats,1970, c. 465,p. 921, § 1; Stals.1971, c, 702,p. 1362, § 1; Stats.1974, c. 1234, p, 2678, § 1; Stats.1988, c. 283, § 1; Stat&1998, c. 931 (5.13.2139), § 177, of Sept. 28, 1998; Stats.2002, c. 784 (S.B.1316), § 122; Stats.201 1, c. 543 (A.R309), § 2; Stats.2014, c. 725 (A3,1795), § 1, eff. Jan. 1, 2015.) Nest's Ann. Cal. Gov, Code § 1770, CA GOVT § 1770 Current with all 2015 Reg.S,ess, laws, and Ch. I of 2015-2016 2nd Ex3ess. End of Docurne"I CO 2016 Thoinson Reutcrs. No cjztjni to original U.S. Government WOFI(G- Wcistta,,vNext'(D 2016 Thomson Reuters, No daim to US, Govarnment Works.