HomeMy WebLinkAboutAgenda Statement 1990/11/06 Item 6AGENDA STATEMENT
Item
Meeting Date 1l/40,/qo
ITEM TITLE; Ordinance 2400 - Adding Chapter 2.29 to the Chula Vista
Municipal Code Establishing a Charter Review Committee
SUBMITTED BY: Assistant City Attorney Rudolf
(4/Sths Vote: Yes No x )
Council Referral Nos. W4 6 2143
At the August 7, 1990 City Council meeting, Council discussion of the Charter
Review Committee's recommendation for Charter amendments for the ballot for
1990 included a referral to review and comment on whether or not the Charter
Review Committee should be recognized by ordinance or Charter. At its
October 2, 1990 meeting, Council considered a proposed ordinance and referred
it to the Charter Review Committee for comment, The proposed ordinance
recognizes the Charter Review Committee and establishes it as a regular
standing adviscry committee to the City Council, It reflects the changes
recommended by the Charter Review Committee at its October 9, 1990 meeting.
RE(Xkl1ENDi1TI0N: Introduce the Ordinance for first reading.
BOARDS/0OHMISSIONS RE0MQG hTION: At its October 9, 1990 meeting, the
10 Charter Review Committee unanimously approved the proposed ordinance with some
technical and substantive changes. The substantive change is reflected in the
version before you for first reading: deleting the provision requiring three
meetings after the organizational meeting seven months before an election.
The Committee appreciates the provision specifying *holdover* members cannot
serve longer than six months after expiration of their term, but would like
Council to shorten that to some time not greater than two months. The
ordinance does not include their proposed substantive change to have the
Council appoint the Chairperson. Subsequent to their meeting, it was
discovered the Charter requires the Committee select its own presiding
person. The not -yet approved minutes of that meeting are attached.
i
DISCUSSION:
The proposed ordinance follows the new format with regard to advisory boards,
commissions and committees, particularly those relating to the newly created
Cultural Arts Commission and Child Care Commission. The proposed duties of
the Charter Review Committee focus on the need for review, analysis and
reports from the Committee to the City Council in a timely manner in relation
to elections at which Charter changes can be considered by the electorate.
This provision should prevent the extreme compression of the City Council's
time to adequately review suggested Charter changes, which has occurred in the
past. Establishment of the Committee as a regular meeting body recognizes its
Importance with regard to the workings of City government and will allow them
Agenda Item No. %
Meeting Date: 10/16/40 .
Page Two
WM tbw to research, review and consider alternatives with regard
grvpgftd Changes to the Charter% The ordinance continues the historic role or
tba hd Me Charter Review Committee of providing proposed Charter changes in a
fstrt suitable for placement on the ballot, as well as preparation of
argzwnts for and/or against proposed Charter changes.
Stcis referral included consideration of a proposal for further study of the
Citr`s experience with the two -term limit for Councilmembers and Mayor, as
veli as the possibility of establishing a Charter -level community planning
grQW or groups. The latter has been assigned to the Planning Department for
preliminary research, analysis, and report to the Charter Review Committee,
once formed. When convened, the Charter Review Committee expressed interest
I
n considering the two -term limit issue. If you approve the ordinance and the
Committee considers these items, we will forward its reconmendations.
EISCAt. IIIPKT: There will be minor administrative costs associated with
staffing of this Ccmmittee.by the City Manager's and City Attorney's offices.
•
MINUTES OF THE CHARTER REVIEW COMMITTEE
October 9, 1990 City Attorney's Conference Room 6:30 p.m.
Members Present: Chairman Campbell, Members Jack lakely,
Sharon Reid, John Dorso
Members Absent: Members Susan Fuller, Mary Frances Click
(moved), and Carlos Batara
Staff Present: Assistant City Attorney Rich Rudolf
Chairman Campbell called the meeting to order at 6:36 p.m. It
was moved by Member Reid, seconded by Member Dorso and passed by
unanimous consent that the minutes for the meeting of
July 26, 1990 be approved. The Committee discussed the proposed
ordinance creating a Charter Review Committee. There was general
discussion to the effect that the Committee preferred that the
Council designate the Chairperson for the Committee, rather than
the Committee select its own Chairperson. It was satisfactory
that the Committee, operating with the Council -designated
Chairperson then select its own Vice Chairperson. The holdover
provision in Section 2.29.050A5 was discussed. The Committee was
encouraged that the provision places a limit of a maximum six
months beyond which a holdover member could not continue to
serve, but felt that six months was too long a period of time.
Consistent with its action at its meeting of July 26, 1990, the
Committee again requested that the Council act more expeditiously
in filling vacancies, and that the Council consider amending
Section 2.29.050A5 to provide for a shorter time of holdover, in
any event no longer than two months for the purpose of
encouraging more timely appointments to fill vacancies. The
Committee wanted language "desexed" so that Chairman would become
"Chairperson". Finally, there was discussion to eliminate
proposed Section 2.29.060A1b which requires a minimum of three
additional meetings following the first pre-election
organizational meeting. The Committee felt it was unnecessary to
specifically tie down the Committee to meetings which could be
cancelled due to lack of any business pending before the
Committee, and that the introductory language to Section
2.29.060A1 would allow the Committee, in combination with
subdivision A2 to have as many meetings, regular or special, as
it needed to efficiently conduct its business.
It was moved by Member Reid, seconded by Member Blakely and
passed by unanimous consent that Section 2.29.04081 be amended to
add a sentence stating "The Council shall appoint the Chairperson
of the Committee.'; that the typographical errors on page 3 in
Section 2.29.050A2, 2.29.050A2a, and the renumbering of the
subsequent subdivisions from 4, 5 and 6 respectively to 3, 4 and
5; the addition of the letter "s" to members in the term Staff
Ex -officio Member; that the following phrase be added to the new
subsection 3 relating to Staff Ex -officio Member: ", and they
.:natter Review Committee Mantes
*Nctober 9. 2!!0
aa+t
l (and
all set" at the pleasure of madee than section 2 2! ®S082bmay be ldeleted) f that the li
sr w
o; six months is Sectibm I.MOSOA renumbered four be teduce3 to
some Matwt not greater than two months: on page A. that the
subdivisions in Section 2.29.OSOa be teaumbered aad telettered
and the provision :elating to Staff Ex -officio xembet either Lit
pluralized or deleted with its text moved up to Section
2.29.4s"10% as page S. that Section 2.29,06oAla be amended to
provide 'Select a bice Chairperson from among its voting members
to serve for a period of two (2) Years• : subdivision a be
deleted in its entirety and Subdivisions C and D be telttteted to
a and C respectively: that the word •regulate is section
2.29,OM to be deleted and the void 'Chairman' be changed to
`Caairpetsone,
The committee detetmiald LO meet again OA OCtoblt Zed it"
at
S:30 p,mft at the San Diego County Club to cOAsidet the City
.Attotaey•s proposed ordinance relating to advisory board ditecc
access to City Couneagenda
items which may pbe p rought ioConflict tward by
Interest Code and any other
the public at that time.
T'�e meeting vas adjourned at 7:53 p.m.
Respectfully submitted,
D. RicAara Ruaoat
Assistant City At 'ney
Chatter Review Committee
secretary
ORDINANCE N0. 2400
AN ORDINANCE W THR CITY OF CHULA VISTA ADDING
Cl W&R 2021 TO THE CHULA VISTA MUNICIPAL CODE
Wft"ZONINO CHARTER REVIEW COMMITTEE.
The City Council at the City of Chula Vista does ordain as
follewal
Notion i% That Chula Vista Municipal Code is hereby amended
by adding a naw Chapter 2.29 to read as follows:
aCNAM`i1! 2.29 CHARTER REVIEW COMMITTEE
Notion 2.29.010. Creation,
There 10 hereby Created a Charter Review Committee.
section 2.29.020 Purpose and Intent.
It is the purpoa• and intent of the City Council in
establiahinq the Charter Review Committee to create an
advisory body which would serve as a resource to advise and .
■alta recommendations to the City Council and the City Manager
On isauee affecting the provisions of the Charter of the City
of Chula Vista. The committee will work to identify language
to amend to City Charter to clarify or improve the workings of
the City government.
The purpose of the Committee is to review the organiza-
tional framawork of City government and recommend changes
sufficiently in advance of elections to allow thoughtful City
council review and determination of whether to place the
matter on the ballot.
Section 2.29.030 Functions and Duties.
The function and duties of the Charter Review Committee
shall be as follows:
A. Constitute a forum for City-wide discussions, research
and analysis of matters relating to current or proposed
Provisions of the City Charter, and amendment thereto.
A. Help Coordinate Citizen and staff ideas with regard to
potential Charter changes.
C. Formulate specific language for proposed Charter changes
to be submitted to the City Council in a form appropriate
csat.wp Charter Review Committee by Ordinance
oatoDes 3i. 1990 Page 1
. 4�
Lor placement on the ballot at an election wherein the
proposed Charter changes can be submitted to the
electorate.
D. Provide analyses and reports to the City Council .in
connection with said recommendations.
E. Prepare and submit proposed ballot arguments in favor or
against proposed Charter changes.
Section 2.29.040 Membership.
A. Number of Members.
The
Committee
shall consist of seven (7)
Voting Members,
and two
(2) Staff
Ex -officio Members.
8. Designation oL Members.
1. Voting Members.
The seven (7) Voting Members shall be appointed by the
City Council from the qualified electors of the City -in
accordance with the provisions of Section 600, et seq. of the
Charter, whom shall be residents of the City and who shall,
throughout their term, maintain their residency and elector
status.
2. StaPP Ex -officio Members.
The two (2) Staff Ex -officio Members shall be the City
Manager and the City Attorney, or their designated representa-
tives, who shall not be required to be a qualified elector of
the City, and who shall have no vote ("Staff Ex -officio Mem-
ber").
Section 2.29.050 Term of Office.
A. Term of Office --All Classes of Members.
1. Post -Initial Terms.
Except as otherwise provided in this Subsection A.
the
term of office of all members, and all classes of members, of
said Committee shall be for a nominal period of four (4)
years, and shall terminate on June 30th of the fourth year of
their term, unless they shall otherwise sooner resign, die,
become disqualified or incompetent to hold Office.
erc6.wp Charter Review Committee by Ordinance
October 120 1990 Page 2
2. Initial Terms of Voting Members.
Notwithstanding subsection A.1., the Initial Terms of
voting Members shall commence upon appointment a*d shall
conclude, for one (1) Voting Member on June 30, 1991, .ter two
(2) Voting Meibsrs on June 30, 1992, for two (2) Voting
Members on June 30, 1993% and for two (2) Voting Members on
June 30, 1994, unless they shall otherwise sooner resign, die,
become disqualified or incompetent to hold Office.
a. Appointment to Initial Terms by Lot.
Appointment of the initial Voting Members as to the
Initial Terms shall be determined by lot.
3. Staff Ex -officio Members.
The term of the Staff Ex -officio Members shall be
indefinite, and they shall serve at the pleasure of the
Council.
4. Holdover Office.
Notwithstanding the end of any Member's Initial Term or
Post -initial Term as herein provided, a Member, other than the
Staff Ex -officio Members, shall be permitted to continue to
exercise the privileges of his or her former Office for not
more than two (2) months after the end of the term until the
Office to which the Member was appointed is filled by re-
appointment or by the appointment of a qualified successor.
5. Vacancies.
Notwithstanding the term of Office to which a Member is
appointed, said Office shall be deemed vacant upon any of the
following events ("Event of Vacancy"):
a. The death or disability of said Member that
renders said Member incapable of performing the duties of -his
Office.
b. The member's conviction of a felony or crime
involving moral turpitude.
c. The member's absence from three (3) regular,
consecutive meetings of the Committee, unless excused by
majority vote of the committee expressed in its official
minutes.
crc6.wp Charter Review Committee by Ordinance
October 12, 1990 Page 3
d. The member has submitted a resignation whsc*
resignation has been accepted by the City council.
e. The membership has been terminated �e three
affirmative votes of the City Council.
Upon the occurrence of an Event
listed, the City Council shall so
vacant,_ and shall expeditiously
necessary to fill said vacancy.
B. Number of Terms.
1. Voting Members.
of Vacancy as hereinabove
declare the office to be
take such steps as are
a. Two Term Limit. No Voting Keaber shall be
appointed to more than two (2) terms except as herein provided
("Two Term Limit").
b. Unexpired Term Exception. Notwithstanding the
Two Term Limit, a person appointed to the Committee as a
Voting Member to fill the unexpired term of an office of a
Voting Member which has become vacant ("Unexpired Perm`) which
has less than two (2) years remaining on said Unexpired Term,
may be appointed to two (2) terms in addition to their
Unexpired Term. A Voting Member who currently occupies an
Office may not be re -appointed to fill the Unexpired Tea of
another Office which has become vacant.
c. Initial Term Exception. Notwithstanding tae Tro
Term Limit, a person appointed to an Initial Tata of tw (2)
or less years may be appointed at the natural expiration of
their Initial Term to two (2) terms in addition to their
Initial Term. A Voting Member who occupies an Office under an
Initial Term may not be appointed to fill the Unexpired Vera
of another Office which has become vacant.
d. Any Voting Member
may be re -appointed to serve
on the Committee after two (2) successive years of not serviaij
on the Committee in any Office or Membership capacity- Votinq
or staff Ex -officio.
Section 2.29.060. Operation of Committee.
A. Time of Meetings.
1, First Pre-election ("organizational Meeting`). Aaoaq
such other meetings as the committee may desire to have. the
Committee shall meet not later than on the first Wednesday of
crc6.wp Charter Review Committee by
October 12, 1990
G.d
the GOV*nth month preceding the next regularly scheduled
municipal election ("Organizational Meeting"), and thereupon
shall do the following:
a. 841ect a Chairpersor and a Vice Chairperson fro...
among its Voting Members to serve for a period of one (1)
year•
b. Assign such duties to its members as it
determines may be necessary.
c. Deliberate upon agenda issues for further
deliberation and discussion by the Committee.
2. Other Meetings. The Committee shall meet at
such Other times as it shall establish by majority vote, or at
such time as the Chairperson thereof may call, or at such
times as a majority of the members thereof may call a meeting.
3. Plac• of Meetings.
Unless the Committee shall otherwise establish
another regular place for its meetings and advise the City
Clerk accordingly, the Committee shall meet in the Council
Conference Room in the Administrative Building at the City
Hall Complex located at 276 Fourth Avenue, Chula Vista, or at
such other place as may be posted ul;on the door of said
Conference Room at least thirty (30) minutes in advance of the
Meeting.
C. Conduct of Meetings.
The meetings of the Committee, and notice thereof,
shall be governed by the same rules and regulations by which
the City Council is bound in the conduct of public meetings.
t�. Quorum.
Four Voting Members shall constitute a quorum for the
transaction of business.
8. Resolutions.
The affirmative vote of a majority of the entire
membership shall be required for the passage of any resolution
of the Committee.
F. Reports and Recommendations.
crc6.wp Charter Review Committee by Ordinance
October 12, 1990 Page 5
G -9
All reports and recommendations sY.all be maze
G• Staff Support,
All officers and department heads shall
with and render reasonable assistance to the Comaittee,
City Manager may make available staff and clerical supp:, � �,-
the Committee to fulfill its functions and duties,
such staff and clerical support is available.
H. Rules and Regulations.
The Committee may make such rules and regulatiar= -_--_
inconsistent with the provisions of this Chapter."
Section 2: This ordinance shall take effect and be
force on the thirtieth day from and after its adoption. _
Pr ed and ppro ed as to form by:
Bruce M. Booqaa d, City Attornev
crc6.wp Charter Review Coamittee by OTdinanrt
October 12, 1990 Psi #