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Home My WebLink About2016-02-24 CRC Special Agenda-Z�t(Ir Cm of CHULA VISTA Charter Review Commission SPECIAL MEETING OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA February 24, 2016 6 :00 p.m. CALL TO ORDER I/ 11"1,4t Executive Conference Room 103 276 Fourth Avenue Chula Vista ROLL CALL: Commissioners De La Rosa_, Felber_, O'Donnell, Rhamy_, Ross , Spethman_, and Chair Bellamy. CITY STAFF: Maiand , Googins , Ponds , Norris PUBLIC COMMENTS Persons speaking during Public Comments may address the Board✓Commission on any subject matter within the BoardlCommission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, hut, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting. 1. Approval of January 13, 2015 Minutes 2. Review and Consideration of Article III of the City Charter, to Identify and Prepare Potential Charter Amendments for Recommendation to the City Council, including but not limited to, Sections 300 (City Council Members, Eligibility and Terms), and 303 (City Council Vacancies). 3. Discussion of Potential Charter Amendment Regarding City Attorney Residency Requirement OTHER BUSINESS 1. STAFF COMMENTS 2. CHAIR'S COMMENTS declare under penalty of perjury that I am employed by :he City of Chula Vista in the Office of the City Attorney and that I posted this document on the bulletin board at the City Hall according to Brown Act requir enis. ~C )ated: % % Signed: ��` 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 (7ffce, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require .special accommodations to access, attend, andlor participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691 -50.11 (California Relay Service is available_for the hearing impaired by dialing 711) at least forty -eight hours in advance of the meeting. Page 2 1 Charter Review Commission Agenda Meeting Date: February 24, 2016 ATTACHMENT -ITEM NO. 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA January 13, 2016 6:00 P.M. A Regular Meeting of the Charter Review Commission of the City of Chula Vista was called to order at 6:06 p.m. in Executive Conference Room 103, located at 276 Fourth Avenue, Building A, Chula Vista, California. ROLL CALL PRESENT: Commissioners De La Rosa, Felbers, Ross, Spethman, and Chair Bellamy ABSENT: Commissioners Rhamy and O'Donnell STAFF PRESENT: Assistant City Attorney Maland, City Clerk Norris and Legal Assistant Ponds ACTION ITEMS 1. Approval of December 9, 2015 minutes. ACTION: Commissioner Spethman made a motion to approve the minutes. Commissioner be La Rosa seconded motion. The motion carried by the following vote: Yes: 5 (Chair Bellamy, De La Rosa, Felbers, Ross and Spethman) No: 0 Abstain: 0 PUBLIC COMMENT No public comment 2. Consideration of Potential Charter Amendment Language to Charter Section 303 Regarding City Council Vacancies and Allow All -Mail Balloting ACA Maland explained redline/strikeout Item 2 Attachment based on the meeting she had with Subcommittee member Commissioner Ross and City Clerk Norris regarding the proposed Charter language. The Commissioners discussed the revisions and gave recommendations to ACA Maland regarding the proposed language. Page 1 Charler Review Commission Minutes January 13, 2016 DRAFT 3. Review and Consideration of Charter Article III, including Section 300, 303, and 306 through 313, to identify Potential Charter Amendments for Recommendation to the City Council Legal Assistant Ponds distributed copies of Section Article III of the Chula Vista City Charter. ACTION: the Commissioners carne to a consensus for staff to return with the revisions to Charter Section 303 and to table Item 3, agendize the City Attorney residency, review of California Government Code § 1770 and review Charter Section 303 (c) to the next meeting, February 10, 2016. Is) MII: Iya 0.1114 1 MV 1. STAFF COMMENTS - None 2. CHAIR'S COMMENTS - None 3. COMMISSIONERS'/BOARD MEMBERS' COMMENTS - None ADJOURNMENT: Meeting adjourned at 7 :45 p.m. The next regular meeting will be on Wednesday, February 10, 2016 at 6:00 p.m. Cheryl Ponds- Poole, Secretary Page 2 Charter Review Commission Minutes January 13, 2016 ATTACHMENT - ITEM NO. 2 Sec. 303. Vacancies. A. DelhEillOn ofW4e" Vacancy4-kaeUF ; Granting Permission for Absences. 1. Definition of Vacancy. A vacancy on the City Council is deemed to occur in each of (lie following instances, and is effective on the corresponding date indicated: Occurrence of Vacancy Vacancy Effective Date A mcrnbcr is absent from four consecutive The date of the member's last unexcused regular meetings of the City Council, absence scheduled and held, without obtaining excuse for such absences pursuant to section 303.A.2. below A member is convicted of a felony or crime The date of the conviction involving moral turpitude A member submits a letter ot"resignation to the The effective date of the resignation, as se City Clerk forth in SLICII letlet, of resignation, or if no date is specified, the (late it is submitted to the City Clerk The election of a member to another office The earlier of the date on which the member is: requiring (lie sun-ender of the member's cur•retit sworn into another office, or the election seat results are certified,, or the City COLUICH declares the seat vacant A member ceases to be a resident of 01 or (if The earlier of the date which the member the District which the member represents provides to the City Council or City Clerk as the last date of residency, or the date which a COLIII Of COMpe(ClIt jUrisdic(ion determines the member's residency ended The City Council may identify additional occurrences of vacancy by ordinance;. Iffiscussion Point for Commission: Are there other types of vacancies that should he added? (See, for example, Government Code section 1770.1 The Sleclare (lie existell" (K any vacatic -or anUgp-ated, v cancv as So011 '11, 111'.Wlicable. 2. Excusini! Absences. A Councilmember may request that the City Council excuse the member's, absence from a City Council meeting. The reguest. I I -f the Couneil shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting and may be granted in other instances, on a niaiority vote of the City Council. The granting of any such request shall be expressed in the City Council's official minutes of the meeting at which the request is granted. 4I5, dovdArv, tlw oxiste-1100A WOO ........... ...... . ..... ...... ........ 10AMMAL-A" BET% TKIT-r-IMEM.r. W49 T p 11, IN A . ......... The Sleclare (lie existell" (K any vacatic -or anUgp-ated, v cancv as So011 '11, 111'.Wlicable. 2. Excusini! Absences. A Councilmember may request that the City Council excuse the member's, absence from a City Council meeting. The reguest. I I -f the Couneil shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting and may be granted in other instances, on a niaiority vote of the City Council. The granting of any such request shall be expressed in the City Council's official minutes of the meeting at which the request is granted. 4I5, dovdArv, tlw oxiste-1100A WOO ........... ...... 10AMMAL-A" TKIT-r-IMEM.r. W49 T A C—. Filling Vacancies: Appointments and Special Elections. , The City Council shall fill such vacancy by election or appointment as set forth herein. 1. Vacancy with Less Than One Year Remaining in `Perm. If a vacancy is declared by the Council with one (1) year or less remaining in the 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 the Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies -! the If the Council is unable to make an appointmeni, appoint a erson to fill the vacancy within 45 days of declaration of vacancy, the Council's tower io_ ap point is thereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. if die GouReil is unable to make an 2. Vacancy with 25 Mon lis or More Remainink in Term. If a vacancy declared by the Council occurs with 25 months or more remaining in the term from the date of said declaration, the Council shall call a special election. The special election shall be held on the earliest Established Election Date CUD "), as specified in the California Elections Cade, can which it is practicable to hold such special election. If the Cit Council determines that the time between the vacancy and such EED is excessive• t11e City Council nmy determine to hold the election on an earlier date. II' there is a federal state or local election scheduled to be held on such EE.D, the election may be consolidated with that election. The City Council -may, opt to conduct an all vote -by- mail ("All VBM ") ballot election pursuant to section 303.13.6., below. te be held on the news e-84061 -shed eleei-on daie, as speeified in !he Weeiions Code of the Stow of unless ihem is a . ,pp • 1 o . . a. Maiority of Votes Cast for One Candidate. In the special election, the voters in 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 and deelaFed by !h ^•°•��' •�'�° elected to the vacant office. Ties among candidates shall be resolved in the manner provided in Section 300.A.3. b. Maiority of Votes Not Cast for One Candidate. If no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run -off election shall be held in the district in which the vacancy exists, on the tne*tearliest EED on which it is practicable to hold such special election. if the (y COL61161 determines by majority vote that the time between the vacancy and slic_li 1-.ED is excessive, the City Council may determine to hold the election on an earlier date, aft_cr consultation with the Registrar of Voters. es,!ahiished If there is a federal, state, or local election scheduled to be held on that established election date Ar. wilhin 120 days fei owing the eerlifieation of the spftoal elOC60A , , whtee the Council may consolidate the special run -off election with that election. as pmvided by the Weetions Code. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat, aPA !he name of only ih . :Ties shall be resolved in the manner provided in Section 300.A.3. No `write -in" candidate names shall be allowed. c. Mayoral Vacancy. A vacancy in the office of Mayor shall be filled in the same manner as provided in subparagraphs a., and b., above, except that the voters of the City at -large shall be entitled to vote. 3. Vacancies with More Than One Wear, but Less than 25 Months. If a vacancy is 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 BQL, above, or call a special election to fill the vacancy, pursuant to subsection BE.2., above. The Council shall determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. If the Council failsdette mines to fill the vacancy by appointment and is Unahl make an app-aintmen! within 6043 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 303.13G.2., above. 4. Majority of Council Members Cannot be Appointed. Notwithstanding any other provision in this Section 303.8E 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.BF.2. 5. Appointee (one -Year Waiting period. As provided in Section 300.13E, any person who is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember 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) full terms thereafter. 6. All Vote -By -Mail Balloting. Notwithstanding any other provision in this Section 303.13 to the contrary, if a City Council or Mayoral vacancy is to be filled utilizing a special election that is not consolidated with a scheduled federal, state or local polling place election, the City Council may, upon a majority vote, allow such election to be conducted ushim an All VBM ballot. The All VBM ballot election shall be conducted in accordance with applicable City ordinances. The City Council shall adopt an ordinance governing the manner in which All V13M ballot elections are to be conducted, prior_ to holding:_ the first All VBM ballot election. if the City Council determines to hold thy: spec;,il election utilizing! an All VBM ballot election, the "next FEW referenced in scction_ k.2 above, shall mean the next established mail election date, asset forth in the CaldOrnia Elections Code. (Discussion Point for Commission: Are there portions of this (lint would be better - suited for an ordinance? § 1770. Events causing vacancy before expiration of term, CA GOVT § 1770 & Annos tle i. General Division 1, Public Officers and Employees (Refs & Cha ter 4. Resignations and Vacancies Article 2. Vacancies (Refs &Annos) West's Ann.Cal.Gov.Code § 1770 § 1770. Events causing vacancy before expiration of term Effective: January 1, 2015 Currentness An office becomes vacant on the happening of any of the following events before the expiration of the term: (a) The death of the incumbent, (b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident, and that there is reasonable cause to believe that the incumbent will not be able to perform the duties 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, upon 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. (e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, 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. (I) His or her absence from the state without the permission required by law beyond the period allowed by law. WF%T1A% 1 +; I tl,:rr Ni ti- 1 iii ii lii()t lii:tl 1) Guv� iniiit.iiI lAho 1.�. § 1770. Events causing vacancy before expiration of term, CA GOVT § 1770 (g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law. (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, "trial court judgment" means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding. (i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed. 0) The decision of a competent tribunal declaring void his or her election or appointment. (k) The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond. (0 His or her commitment to a hospital or sanitarium by a court of competent 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 commitment 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 an 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 covered 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 which the local agency is, or may reasonably be expected to be, a participant or principal. (2) For purposes of this subdivision, the following terms have the following meanings: W$%IIAW (0,2011, l 1 i � i i . , i i 1 Ni, k , k t i m to i,rt+lln.iI ll : r_,ravernmunl Woikw; § 1770. Events causing vacancy before expiration of term, CA GOVT § 1770 (A) "Excluded Parties List System" means the list maintained and disseminated by the federal General Services Administration containing names of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded from 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. Credits (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; Slats. 1970, c. 465, p. 921, § I; Stats.1971, c. 702, p. 1362, § 1; Stats.1974, c. 1234, p. 2678, § 1; Stats.1988, c. 283, § 1; Stats.1998, c. 931 (S.B.2139), § 177, eff. Sept. 28, 1998; Stats.2002, c. 784 (S.B.1316), § 122; Stats.2011, c. 543 (A.B.309), § 2; Stats.2014, c. 725 (A.B.1795), § 1, eff. Jan. I, 2015.) Editors' Notes LAW REVISION COMMISSION COMMENTS 1998 Amendment Section 1770 is amended to reflect elimination of the justice court. Cal. Const. art. VI, §§ 1, 5(b). [28 Cal.L.Rev.Comm. Reports 51 (1 998)]. 2002 Amendment Subdivision (e) of Section 1770 is amended to reflect unification of the municipal and superior courts pursuant to Article V1, Section 5(e), of the California Constitution. [32 Cal.L.Rev.Comin. Reports 178 (2002)1. Notes of Decisions (120) West's Ann. Cal. Gov. Code § 1770, CA GOVT § 1770 "� r `w� •�r'�' ,!II I�� iulll',�111 ^a "Ui;'�' i`�1� i:� tllll toOIIrlIICII ti :.� t_aS Vt'1i1111�!Ilt Ih(t'n�.', § 1770. Events causing vacancy before expiration of term, CA GOVT § 1770 Current with a112015 Re Sess. laws and Ch. I of 2015 -2016 2nd Ex.Sess. fi:mt +litTTtCiFtiutlr — ?�r1fiTlu +nx +,nPcutci . \i,cTisnlunri in:ill15.liutrriian'.11t W11'S1f +Av1J No dmi-n to onf3inal U.,';. (tioverilnicnt IJ' orl;t-• }