HomeMy WebLinkAbout2016-06-29 CRC Agenda Packet�141r
CITY OF
CHUtA VISTA
Charter Review Commission
SPECIAL MEETING OF THE CHARTER REVIEW COMMISSION
OF THE CITY OF CHULA VISTA
June 29, 2016
6:00 p.m.
CALL TO ORDER
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: Malancl , 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 BoardlCommission
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 fall out a "Request to Speak" form and submit it to the Secretary
prior to the meeting.
1. Approval of June S, 2016 minutes
2. Review and Consideration of Proposed Amendments to Charter Sections 3 00: "Members,
Eligibility and Terms;" 303: "Vacancies;" 503: "City Attorney: Election, Powers and
Duties;" and Other Related Sections, in Response to City Council Member Comments
During Consideration of City Council Agenda Item No. 160222 on June 7, 2016
OTHER BUSINESS
1. STAFF COMMENTS
2. CHAIR'S "COMMENTS
I declare under penalty of perjury that I am employed by
the City of Chula Vista in the Office of the CityAttorney
and that I posted this document on the bulletin board at
the City Hall according to Brown Act requf7e01s.
Wed: i 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 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: June 29, 20 t 6
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CHARTER REVIEW COMMISSION
OF THE CITY OF CHULA VISTA
June 8, 2016
6:00 P.M.
A Special Meeting of the Charter Review Commission of the City of Chula Vista was called to
order at 6:00 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, Rhamy, Ross, and Chair
Bellamy
ABSENT: Commissioner De La Rosa (excused)
STAFF PRESENT: Assistant City Attorney Maland and Legal Assistant Ponds
PUBLIC COMMENT
Scott Vinson, lI was present but did not request to speak. Public Comments closed by Chair
Bellamy.
ACTION ITEMS
1. Approval of May 11, 2016 minutes.
ACTION: Commissioner Rhamy made a motion to approve the minutes. Commissioner
Felber seconded and motion passed as follows:
Yes: 4 (Chair Bellamy, Felber, Rhamy and Ross)
No: 0
Commissioners Spethman arrived at 6:02pm and O'Donnell (arrived at 6:05 p.m.)
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
ACA Maland gave a brief summary of the CRC Presentation to the City Council on June 7,
2016. The Commissioners came to a consensus to request staff to return at the next meeting
with information regarding updated term limits /residency, prior Charter language before an
elected City `Attorney. 'C'o'mmissioner Felber motioned to"! °form a subcommittee id work with
staff on research. Chair Bellamy and Commissioner Rhamy volunteered for the
subcommittee. Motion was seconded by Commissioner Rhamy and passed as follows:
Page t Charter Review Commission Minutes June 8, 2016
DRAFT
Yes: 4 (Chair Bellamy, Felber, Rhamy and Ross)
No: 0
Abstain: 1 (Commissioner O'Donnell)
The Commissioners and staff agreed to hold a Special Charter Review Commission meeting on
Wednesday, June 29, 2016 to discuss the Subcommittee research information.
Commissioner Spethman left at 6:55 a.m.
OTHER BUSINESS
1. STAFF COMMENTS - ACA Maland recommended to agendize the election of new officers
for the July 13, 2016 meeting.
2. CHAIR'S COMMENTS - None
3. COMMISSIONERS'/BOARD MEMBERS' COMMENTS -
ADJOURNMENT: Meeting adjourned at 7:05 p.m. The next regular meeting will be on
Wednesday, July 13, 2016 at 6:00 p.m.
Cheryl Ponds - Poole, Secretary
Page 2 Charter Review Commission Minutes June 8, 2016
SLIP SHEET FOR ITEM #2
• HISTORICAL VERSIONS OF CHARTER
SECTION 503
• INFORMATION SUMMARY REGARDING
CALIFORNIA ELECTED CITY
ATTORNEYS
• EMAIL AND ATTACHMENT FROM
COMMISSIONER FELBER
111
Section 501 (continued)
officer designated as department head who shall be appointed by
the City Manager, subject to the approval of the City Council.
Sec. 502. City Clerk; Powers and Duties.
The City Clerk shall have power and be required to:
(a) Attend all meetings of the City Council and be
responsible for the recording and maintaining of a full and true
-record of all of the proceedings of the City Council in books
that shall bear appropriate titles and be devoted to such
purpose;
(b) Maintain separate books, in which shall be recorded,
respectively all ordinances and resolutions, with the
certificate of the Clerk annexed to each thereof stating the
same to be the original or a correct copy, and as to an
ordinance requiring publication, stating that the same has been
published or posted in accordance with this Charter; keep all
books properly indexed and open to public inspection when not in
actual use;
(c) Maintain a record of all written contracts and official
bonds;
(d) Be the custodian of the seal of the City;
(e) Administer oaths or affirmations, take affidavits and
depositions pertaining to the affairs and business of the City
and certify copies of official records;
(f) Have charge of all City elections.
Sec. 503. Citv Attorney; Powers and Duties.
To become eligible for City Attorney, the person appointed
shall be an attorney -at -law duly licensed as such under the laws
of the State of California. The City Attorney shall have power
and be required to:
(a) Represent and advise the City Council_ and all city
officers in all matters of law pertaining to their offices;
Section 503 (continued)
(b) 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 or her official capacity, is
concerned or is a party;
(c) 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;
(d) Approve the form of all contracts made by and all bonds
given to the City, endorsing approval thereon in writing.
(e) Prepare any and all proposed ordinances or resolutions
for the City, and amendments thereto;
(f) 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;
(g) Devote such time to the duties of office as may be
specified in the ordinance or resolution fixing the compensation
for such office; and
(h) Surrender to successor all books, papers, files and
documents pertaining to the City's affairs.
The City Council shall have control of all legal business
and proceedings and may employ other attorneys to take charge of
any litigation or matter or to assist the City Attorney therein.
Sec. 504. Director of Finance; Powers and Duties.
There shall be a Finance Department headed by a Director of
Finance, who shall have power and be required to:
2009
Section 501 (continued)
The City Council shall control by budget the number and
compensation of all positions, unless otherwise mandated by this
Charter. Each department so created shall be headed by an officer
designated as department head who shall be appointed by the City
Manager, subject to the approval of the City Council.
Sec. 502. City Clerk; Powers and Duties.
The City Clerk shall have power and be required to:
(a) Attend all meetings of the City Council and be
responsible for the recording and maintaining of a full and true
record of all of the proceedings of the City Council in books
that shall bear appropriate titles and be devoted to such
purpose;
(b) Maintain separate books, in which shall be recorded
respectively all ordinances and resolutions, with the certificate
of the Clerk annexed to each thereof stating the same to be the
original or a correct copy, and as to an ordinance requiring
publication, stating that the same has been published or posted
in accordance with this Charter; keep all books properly indexed
and open to public inspection when not in actual use;
(c) Maintain a record of all written Contracts and official
bonds;
(d) Be the custodian of the seal of the City;
(e) Administer oaths or affirmations, take affidavits and
depositions pertaining to the affairs and business of the City
and certify copies of official records;
(f) Have charge of all City elections.
Sec. 503. City Attorney: Election, Powers and Duties.
(a) Designation as Officer. The City Attorney shall be an
officer of the City, in addition to any other officers designated
pursuant to 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.
Section 503 (continued)
(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 or 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;
(5) 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
Section 503 (continued)
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 a member of the City Council, except as
otherwise provided in this section. The compensation of the
elected City Attorney shall be set by the Council, but shall be
not less than the median compensation paid to the City Attorneys
of the six California cities whose populations are closest to
that of the City of Chula Vista, provided that three are higher
and three are lower in population, and that compensation may not
be reduced during the City Attorney's term of office, except as
part of a general reduction of salaries of all officers and
employees in the same amount or proportion. The City Attorney
shall be in the Unclassified Service.
(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 he or she is a Citizen
of the United States, a qualified elector, and a California
resident, 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.
(e) 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.
(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. An appointee or the person elected to the
Office of City Attorney for the balance of an unexpired term
Section 503 (continued)
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 State or absents himself or herself continuously from the
State for a period of more than thirty days without permission
from 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.
Sec. 504. Director of Finance; Powers and Duties.
There shall be a Finance Department headed by a Director of
Finance, who shall have power and be required to:
(a) Have charge of the administration of the financial
affairs of the City under the direction of the City Manager;
(b) Compile the budget expense and income estimates for the
City Manager;
(c) Supervise and be responsible for the disbursement of all
monies and have control over all expenditures to insure that
budget appropriations are not exceeded; audit all purchase orders
before issuance; audit and approve before payment all bills,
invoices, payrolls, or demands against the City government and
with the advice of the City Attorney, when necessary, determine
the regularity, legality and correctness of such claims, demands
or charges;
(d) Maintain a general accounting system for the City
government and each of its offices, departments and agencies;
(e) Keep separate accounts for the items of appropriation
contained in the City budget, each of which accounts shall show
2012
Section 501 (continued)
The City Council shall control by budget the number and
compensation of all positions, unless otherwise mandated by this
Charter. Each department so created shall be headed by an officer
designated as department head who shall be appointed by the City
Manager, subject to the approval of the City Council.
Sec. 502. City Clerk; Lowers and Duties.
The City Clerk shall have power and be required to:
(a) Attend all meetings of the City Council and be
responsible for the recording and maintaining of a full and true
record of all of the proceedings of the City Council in books
that shall bear appropriate titles and be devoted to such
purpose;
(b) Maintain separate books, in which shall be recorded
respectively all ordinances and resolutions, with the certificate
of the Clerk annexed to each thereof stating the same to be the
original or a correct copy, and as to an ordinance requiring
publication, stating that the same has been published or posted
in accordance with this Charter; keep all books properly indexed
and open to public inspection when not in actual use;
(c) Maintain a record of all written contracts and official
bonds;
(d) Be the custodian of the seal of the City;
(e) Administer oaths or affirmations, take affidavits and
depositions pertaining to the affairs and business of the City
and certify copies of official records;
(f) Have charge of all City elections.
Sec. 503. Citv Attornev: Election. Powers and Duties.
(a) Designation as Officer. The City Attorney shall 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.
34
Section 503 (continued)
(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 or 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
35
Section 503 (continued)
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.
(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 he or she is a citizen
of the United States, a qualified elector," and a California
resident, 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.
(e) 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
service as are applicable to the Mayor and City Council: under
Section 300(d).
36
Section 503. (continued)
(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 303.0.2. 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 State or absents himself or herself continuously from the
State for a period of more than thirty days without permission
from 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.
Sec. 503.1 Office of Legislative Counsel; Duties
Notwithstanding any other pro - vision of this Charter, the
Council may establish by ordinance the office of Legislative
Counsel, as described in this section.
(a) Legislative Counsel may be selected by the Council and
serve at the pleasure of the Council, on terms and conditions
prescribed by Council. Appointment or dismissal of the
Legislative Counsel shall be approved by a majority vote of the
Council.
(b) Legislative Counsel may advise the Council regarding
its legislative duties. Legislative Counsel shall neither oppose
nor urge enactment of any legislation.
37
INFORMATION SUMMARY REGARDING CALIFORNIA ELECTED CITY ATTORNEYS*
JUNE 20, 2016
No.
CITY
RESIDENCY
TERM
SALARY
POPULATION
NOTES
REQUIREMENT
LIMITS
1.
Albany
Was required at
None
Not known
98,424
• Albany no longer has an elected City attorney
time of issuance
0 Electorate voted in 2010 to go back to appointed City
_
of nomination
attorney
papers
• Reasons cited in Arguments for Measure in favor of
(election) or
appointed City attorney:
assuming office
o Widens Albany's pool of legal expertise
(appointment)
o More rigorous selection process
o Decreases conflicts of interest
o Brings legal costs under tighter control
+ See, attached Exhibit 1 for 2010 ballot measure
2.
Chula Vista
No
Yes:
Equivalent
260,988
two, 4-
to salary of
year
judge of
terms
Superior
(Charter
Court
Art. V,
(Charter Art.
§503)
V,§503)
3.
Compton
Yes: 30 days
None
Set by
98,597
prior to issuance
ordinance;
of nomination
Cannot be
papers
changed
(election) or
during term
assuming office
(Charter Art.
(appointment)
V,§504)
(Charter Art V.,
§503)
4.
Huntington
Yes: At time of
None
Not
200,809
Beach
issuance of
specified
nomination
papers
J - .
(election) or
assuming office
(appointment)
(City Code
§2.04.030)
5.
Long Beach
Yes: At time of
None
Set by
469,428
issuance of
resolution
nomination
(Charter Art.
papers
V, §503)
(election) or
assuming office
(appointment)
(Charter Art. V,
§502)
6.
Los
Yes: 30 days
Yes:
20% more
3,884,000
Angeles
prior to issuance
two, 4-
than City
of nomination
year
Council
papers
terms
member;
(election) or
(Charter
City Council
assuming office
Art. ll,
members
(appointment)
§206)
are paid
(Charter Art. IV,
same salary
§407)
as Los
Angeles
Municipal
Court judges
(Charter
§218)
7.
Oakland
Yes: 30 days
None
Set by
406,253
• Attempted to go back to appointed in 2011 election; didn't
[Charter Art. IV,
Charter at
pass
§401(2)]
"not less
• See attached Exhibit 2 for 2011 ballot measure materials
than 70%
nor more
than 90% of
t2-
the ave age
salaries of
the City
Attorneys of
California
cities within
the three
immediate
higher and
the three
immediate
lower cities
in
population
to Oakland"
[Charter Art.
IV, §401(1)1
8.
Redondo
Yes: 30 days
None
Set by
66,748
Beach
prior to issuance
ordinance;
of nomination
Cannot be
papers
changed
(election) or
during term
assuming office
(Charter Art.
(appointment)
X, §10.1)
(Charter Art. X,
§10.3)
9.
San
Yes: 30 days
None
Set by
213,705
Bernardino
prior to issuance
Council, but
of nomination
not less
papers
than
(election) or
$7,500 /year
assuming office
(Charter Art.
(appointment)
V, §55)
(Charter Art. V,
�t
*All cities listed are chartered cities. There are a total of 482 cities in California; 121 chartered and 361 general law.
§55)
10.
San Diego
Yes (Charter Art.
Yes, two
Set by
1,356,000
II, §7)
4 -year
Council, but
terms
no less than
(
$15,000 /yea
Charter
r, can't be
Art V,
decreased
§40)
during term
(Charter Art
V,§40)
11.
San
Yes (Charter Art.
None
Set by Civil
837,442
Francisco
Xlll, §13.106)
Service
Commission
, based on
salary
survey
(Charter,
Appendix A,
A8.409 -1)
12.
San Rafael
Yes: 1 year prior
None
Set by
58,994
to election
resolution
(Charter Art. VI,
(Code Title
§8)
2,
§2.08.160)
*All cities listed are chartered cities. There are a total of 482 cities in California; 121 chartered and 361 general law.
Cheryl Ponds
From: Jill Maland
Sent: June 24, 2016 4:09 PM
To: Cheryl Ponds
Subject: FW: City Attorney.docx
Attachments: City Attorney.docx
Jill D.S. Maland
Assistant City Attorney
City of Chula Vista
619- 691 -5037
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From: Bryan Felber [ mailto: bryan .felber.@kratosdefense.com]
Sent: Friday, June 10, 2016 10:44 AM
To: Jill Maland
Subject: City Attorney.docx
Hi Jill,
I put together the attached to help me evaluate Robert's letter. I don't know if you want to review and correct or edit as
needed, but something like this might help all of us and might be good for distribution to the subcommittee and to all of us
for our next meeting.
Thanks,
Bryan
Mayor and /or Council
City Atty
Filling Vacancies
< 1 yr, appoint within 45 days
_ <24 months appoint
Failure leaves seat vacant
Failure to appoint within 60 days goes
> 25 mo, special election
to election
If no majority, special runoff
> 24 mo, special election
>1 yr < 25 mo, option to appoint or
special election
Failure to appoint within 45 days
goes to special election
Limitation on
May not seek nomination or election
None
running after
until 1 yr from termination of appointed
appointment
term
Vacancy
• absent from 4 consecutive regular
• failure to qualify within 10 days
meetings of the Council, unless by
after term is to begin
permission of the Council
• dies
o becomes vacant as of the date of
• resigns
the last absence
• ceases to be a resident
• convicted of a felony or crime
. absent the State more than 30 days
involving moral turpitude
w /out Council permission
o becomes vacant as of the date of
• absent 7 consecutive regular
such conviction
meetings of the Council w /out
• submits a letter of resignation
permission
o becomes vacant as of the
. felony conviction
effective date of resignation
• judicially determined incompetent
• because of the election of the
• permanently disabled
current office holder to another seat
. forfeits office
on the Council, or other office
• removal by judicial procedure
requiring the surrender of the City
office seat
o becomes effective the date on
which the current office holder
is sworn into another office
Residency
. city resident
• U.S. citizen
• registered voter of the city
• Qualified elector
• City resident
• Registered voter of the city
• Licensed for 7 yrs to practice in CA