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HomeMy WebLinkAbout2016-05-11 CRC Agenda Packetww CITY OF CHULA VISTA Charter Review Commission REGULAR MEETING OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA May 11, 2016 Executive Conference Room 103 6:00 p.m. 276 Fourth Avenue Chula Vista CALL TO ORDER ROLL CALL: Commissioners De 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 Board /Commission on any subject matter within the Board /Commission'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, but, 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 April 13, 2016 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). OTHER BUSINESS t declare under penalty of perjury that l am employed by the City of Chula Vista in the Office of the CityAttorney 1, STAFF COMMENTS and that t posted this document on the bulletin board at 2. CHAIR'S COMMENTS the City Hail according to Brown Act requirements. 3. COMMISSIONERS /BOARD MEMBERS S , COMME Signed:, 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 WITH DISABILITIES ACT 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 least forty -eight hours in advance of the meeting. Page 2 1 Charter Review Commission Agenda Meeting Date: May 11, 2016 DRAFT MINUTES OF A REGULAR MEETING OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA April 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 6:01 p.m. in Executive Conference Room 103, located at 276 Fourth Avenue, Building A, Chula Vista, California. ROLL CALL PRESENT: Commissioners De La Rosa, Felber, O'Donnell, Rhamy, Ross, Spethman and Chair Bellamy STAFF PRESENT: Assistant City Attorney Maland, City Clerk Norris (arrived 6:05 p.m.) and Legal Assistant Ponds PUBLIC COMMENT No public comment ACTION ITEMS I. Approval of March 9, 2016 minutes. ACTION: Commissioner Spethman made a motion to approve the minutes. Commissioner Felber seconded and motion passed as follows: Yes: 7 (Chair Bellamy, De La Rosa, Felber, O'Donnell, Rhamy, Ross, Spethman) No: 0 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 Legal Assistant Ponds distributed a document for this item. ACA Maland reviewed the information along with the Commissioners. Commissioners came to a consensus ACTION: Commissioner Felber made a motion that it be the Commission's recommendation that Section 300.A.3. be amended to provide that if there are three or more candidates in June Write -In candidate(s) be allowed; and that no Write -In candidate(s) be Page 1 Charter Review Commission Minutes April 13, 2016 DRAFT allowed in November election unless there is only one candidate. Commissioner Spethman seconded and motion passed as follows: Yes: 4 (Chair Bellamy, De La Rosa, Felber and Ross) No: 3 ( Rhamy, O'DonneIl and Spethman) ACTION: Commissioner O'Donnell made a motion to leave the Section 300.A.3 as written, regarding ties in the general election. Commissioner Bellamy seconded and the motion passed as follows: Yes: 7 (Bellamy, De La Rosa, Felber, O'Donnell, Rhamy, Ross and Spethman) No.: 0 3. Discussion of Potential Charter Amendment Regarding City Attorney Residency Requirement Commissioner Rhamy presented the information from the Ad Hoe Subcommittee ACTION: Commissioner Rhamy motioned to adopt the resolution and attach the Subcommittee's letter and to place the item on the City Council agenda for presentation to the City Council by the Commission. Commissioner O'Donnell seconded the motion and the motion passed as follows: Yes: 6 (Chair Bellamy, De La Rosa, Felber. O'Donnell, Rhamy, and Spethman) No: 1 ( Ross) OTHER BUSINESS 1. STAFF COMMENTS -None 2. CHAIR'S COMMENTS - None 3. COMMISSIONERS'/BOARD MEMBERS' COMMENTS - None ADJOURNMENT: Meeting adjourned at 7:30 p.m. The next regular meeting will be on Wednesday, May 11, 2016 at 6:00 p.m. Cheryl Ponds - Poole, Secretary Page 2 Chatter Review Commission Minutes April 13, 2016 Chula Vista Municipal Code Page 112 See. 503. City Attorney: Election, Powers and Duties. (a) Designation as Officer. The City Attorney sbalI be an officer of the City, in addition to any other officers designated pursuant to this Charter, Except as otherwise provided by this Charter, it is the intent of the voters that the City Attorney shall be sufficiently independent of the City Council and other city officials to advise the City while also acting in the best interests of the public. (b) Powers of the City Attorney. The City Attorney shall: (1) Represent and advise the City Council and all city officers in all matters of law pertaining to their offices and advise all boards, commissions, and other agencies of the City on legal matters referred to him or her, and render written legal opinions when the same are requested in writing by the Mayor or a member of the Council or the City Manager or any other officer, board or commission of the City; (2) Represent and appear for the City and any city officer or employee, or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee in or by reasons of his ot- her official capacity, is concerned or is a party; (3) Attend all regular meetings of the City Council and give his or her opinion in writing whenever requested to do so by the City Council or by any of the boards or officers of the City; (4) Approve the form of all contracts made by and all bonds given to the City, endorsing approval thereon in writing. (5) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto; (6) Prosecute, if so directed by ordinance of the City Council, all offenses against the ordinances of the City and for such offenses against the laws of the State as may be required by law, and shall have concurrent jurisdiction with the District Attorney of the County of San Diego to prosecute persons charged with or guilty of the violation of the State laws occurring within the City limits of the City of Chula Vista for offenses constituting misdemeanors; (7) Whenever a cause of action exists in favor of the City, exercise discretion as to when to commence or maintain legal proceedings, subject to the approval or ratification by the City Council, when the basis for such action is within the knowledge of the City Attorney, or, he or she shall commence or maintain legal proceedings as directed by the City Council; and (8) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The Council may empower the City Attorney, at his or her request, to employ special legal counsel, and he or she shall have the power to appoint appraisers, engineers and other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter. Upon the City Attorney's recommendation and the approval of the Council, when he or she has a conflict of interest in litigation involving another office of the City in his official capacity, such other officer may retain special legal counsel at City expense. Nothing in this Section 503 shall be construed to prevent the City Attorney from giving confidential advice to the City when otherwise allowed by law. (c) Election; Compensation of City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as the Mayor, except as otherwise provided in this section. The annual salary of the elected City Attorney shall be equivalent to the salary of a Judge of the Superior Court of the State of California. The City Attorney shall also receive reimbursement on the order of the Council for Council- authorized travel and other expenses when on official duty out of the City. The City Council may also provide, by resolution, for the payment of an allowance of a sum certain per month, as reimbursement for additional demands and expenses made upon and incurred by the City Attorney, The City Attorney's salary may not be reduced during the City Attorney's term of office, except as part of a general reduction of salaries of all City officers and employees in the same amount or proportion. In addition, the City Attorney shall be entitled to such benefits as are granted to other management employees of the City, as established by the City Council from time to time. The City Attorney shall be in the Unclassified Service. The Chula Vista Municipal Code is current through Ordinance 3359, passed January 5, 2016. Chula Vista Municipal Code Page 2/2 (d) Qualifications of City Attorney. No person shall be eligible for or continue to hold the Office of City Attorney, either by election or appointment, unless lie or she is a citizen of the United States, a qualified elector, and a Ca-hfornJa resident and registered voter of the City oh territgry annexed to the eiiyCit icy:, licensed to practice law in all courts of the State of California and so licensed for at least seven years preceding his or her assumption of office following election under this charter. To be eligible to seek election to the of"fice_of`CitY..A!! vsidem and istered voter of the City or territory annexed to die,City,�4,01e.1inle.of . .1 H I tile nornination b­e. .... aJ___..! --Im ........................... pM!qL's such office, (c) Term of Office of the City Attorney, The City Attorney shall be elected to a nominal term of four years and shall commence on the first Tuesday of December of the year of the election, and shall continue until a successor qualifies, The City Attorney shall be subject to the same limits on terms of set-vice as are applicable to the Mayor and City Council under Section 300(C). (f) Vacancy, Filling of. Upon the declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the members of the Council; provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, or if the unexpired term of the City Attorney shall exceed 24 months at the time of the appointment, the City Council shall cause a special election to be held to fill such vacancy, as provided in Section 303.C.2. An appointee or the person elected to the Office of City Attorney for the balance of an unexpired term shall hold office until the next general election for the Office of the City Attorney. (g) Vacancy, What Constitutes, The Office of City Attorney shall be declared vacant by the Council when the person elected or appointed thereto fails to qualify within ten days after his or her term is to begin, dies, resigns, ceases to be a resident of the Cit i qnnexed to the (.JIy,9tat@ or absents himself or herself continuously y..pr.fqrl' IM p from the State for a period of more than thirty days without pet-mission fi-orn the Council, absents himself or herself from any seven consecutive regular meetings except on account of own illness or when absent from the City by permission of the Council, is convicted of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties of his or her office, forfeits his or her office under any provision of this Charter, or is removed from office by judicial procedure. A finding of disability shall require the affirmative vote of at least two-thirds of the members of the Council after considering competent medical evidence bearing on the physical or mental capability of the City Attorney, The Chula Vista Municipal Code is current through Ordinance 3359, passed January 5, 2016.