HomeMy WebLinkAbout2018-11-14 CRC Agenda Packet-ADDITIONAL INFORMATIONCharter Review Commission
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REGULAR MEETING OF THE CHARTER REVIEW COMMISSION
OF THE CITY OF CHULA VISTA
November 14,2018
6:00 p.m.
CALL TO ORDER
Conference Room 103
276 Fourth Avenue
Chula Vista
Page 1 I Charter Review Commission Agenda
ROLL CALL:Chair O'Donnell ,Commissioners Buddingh__~
De La Rosa ,Felber ,Hopida ,McDonald ,and
Ross _
CITY STAFF:Steinberg ,Maland __,Aguayo__
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Commission on any subject
matter within the Commission's jurisdiction that is not listed as an item on the agenda.State
law generally prohibits the Commission from discussing or taking action on any issue not
included on the agenda,but,if appropriate,the Commission may schedule the topic for
filture discussion or refer the matter to staff.Comments are limited to three minutes.
ACTION ITEMS
The item(s)listed below will be considered individually by the Commission and are expected
to elicit discussion,deliberation,and potential action.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 ofJune 13,2018 Minutes
2.Approval of October 10,2018 Minutes
3.Discussion and Potential Action on Draft Public Survey Regarding Potential Charter
Amendments I declare under penalty of perjury that Iam 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 r.equiremenls.
Daled:WSigned:~~
Meeting Date:November 14,2018
OTHER BUSINESS
1.STAFF COMMENTS
2.CHAIR'S COMMENTS
3.COMMISSIONERS'COMMENTS
ADJOURNMENT
MATERIALS
Materials provided to the Charter Review Commission related to any item on this agenda are
available for public review in the Chula Vista City Attorney's Office,during normal business
hours.
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/or the hearing impaired by
dialing 711)at leastforty-eight hours in advance ofthe meeting.
Page 2 I Charter Review Commission Agenda Meeting Date:November 14,2018
DRAFT
Page 1 Charter Review Commission Minutes June 13, 2018
MINUTES OF A MEETING OF THE
CHARTER REVIEW COMMISSION
OF THE CITY OF CHULA VISTA
June 13, 2018 6:00 P.M.
A Regular Meeting of the Charter Review Commission of the City of Chula Vista was called to order at 6:00 p.m.
in the Executive Conference Room 103, located at 276 Fourth Avenue, Building A, Chula Vista, California.
ROLL CALL
PRESENT: Chair Rhamy, Commissioners Michael De La Rosa, Bryan Felber, Edgar Hopida,
Tom O’Donnell, and Robert Ross
ABSENT: N/A
STAFF PRESENT: Glen Googins, City Attorney; Anne Steinberg, Marketing & Communications
Manager; Marisa Aguayo, Secretary
PUBLIC COMMENT
None present.
ACTION ITEMS
2. Discussion and Potential Action on Draft Public Survey Regarding Potential Charter Amendments
Item heard first (out of order) due to Marketing & Communications Manager, Anne Steinberger attending
meeting. Discussion by Steinberger. Commission went over each question in survey and agreed to make
some changes and bring this item back at the next meeting.
ACTION: Commissioner Hopida made a motion to combine the Mayor and City Council in the same term
questions for purposes of the survey. Commissioner O’Donnell seconded and motion passed as follows:
Yes: 4 (De La Rosa, Felber, Hopida and O’Donnell)
No: 2 (Ross and Rhamy)
Abstain: N/A
1. Approval of March 14, 2018 Minutes
ACTION: Commissioner O’Donnell made a motion to approve the March 14, 2018 minutes. Commissioner
Hopida seconded and motion passed as follows:
Yes: 6 (Chair Rhamy, De La Rosa, Felber, Hopida, O’Donnell and Ross)
No: 0
Abstain: 0
DRAFT
Page 2 Charter Review Commission Minutes June 13, 2018
3. Discussion and Potential Action Regarding Bi-Annual Report to City Council Regarding Commission
Activities
Chair Rhamy observes consensus to make minor changes to the drafted report and move forward with the
report to City Council.
ACTION: No Action.
Yes: 0
No: 0
Abstain: 0
4. Discussion and Potential Action Regarding Member Participation in Interviewing Board of Ethics
Applicants
Commission agrees to create a process to select which commissioner will be assigned to this duty. D e La Rosa
volunteers.
ACTION: Commissioner O’Donnell made a motion to have the commission participate in the Board of
Ethics interviewing process which will include one member of the Charter Review Commission and one
member from Board of Ethics. Commissioner Felber seconded and motion passed as follows:
Yes: 5 (Chair Rhamy, De La Rosa, Felber, O’Donnell and Ross)
No: 1 (Hopida)
Abstain: 0
OTHER BUSINESS
1. STAFF COMMENTS – No comments.
2. CHAIR’S COMMENTS – Thank you all. Good meeting. I am termed out, however we don’t have a
replacement so I am going to stay on for a short period, like a couple of months. But July or August is when
the chair is reelected so if you are interested please keep this in mind for the next meeting.
3. COMMISSIONERS’/BOARD MEMBERS’ COMMENTS – Felber has one comment. When Board of
Ethics ordinance changes we must also update the job description for Charter Review Commission
members. Googins will pass along to city clerk so they can change it.
ADJOURNMENT: Meeting adjourned at 7:14 p.m. The next regular meeting will be on July 11, 2018.
____________________________________
Marisa Aguayo, Legal Secretary
DRAFT
Page 1 Charter Review Commission Minutes October 10, 2018
MINUTES OF A MEETING OF THE
CHARTER REVIEW COMMISSION
OF THE CITY OF CHULA VISTA
October 10, 2018 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 the Executive Conference Room 103, located at 276 Fourth Avenue, Building A, Chula Vista, California.
ROLL CALL
PRESENT: Commissioners Jan Buddingh, Michael De La Rosa, Bryan Felber, Rachel
McDonald and Robert Ross
ABSENT: Edgar Hopida and Tom O’Donnell
STAFF PRESENT: Jill Maland, Assistant City Attorney; Terri Zeleniak, Secretary
PUBLIC COMMENT
No comment by the public at this time.
ACTION ITEMS
1. Introduction of new Commissioners Jan Buddingh and Rachel McDonald
ACTION: No Action.
2. Elect new Chair and Vice Chair for 2018-19
ACTION: Commissioner Ross nominates Tom O’Donnell for Chair. O’Donnell absent.
Yes: 5-0 (Buddingh, De La Rosa, Felber, McDonald and Ross)
No: 0
Abstain: 0
ACTION: Commissioner Ross nominates Bryan Felber for Vice Chair. Felber accepts nomination.
Yes: 5-0 (Buddingh, De La Rosa, Felber, McDonald and Ross)
No: 0
Abstain: 0
3. Approval of June 13, 2018 Minutes
Matter deferred to next meeting. Not enough quorum.
ACTION: No Action.
DRAFT
Page 2 Charter Review Commission Minutes October 10, 2018
4. Elect Appointee to Board of Ethics interview panel
Michael De La Rosa volunteers to be appointed to the Board of Ethics interview panel.
ACTION: Commissioner McDonald made a motion to appoint Michael De La Rosa to the Board of Ethics
interview panel. Commissioner Felber seconded and motion passed as follows:
Yes: 5 (Buddingh, De La Rosa, Felber, McDonald and Ross)
No: 0
Abstain: 0
5. Discussion and Potential Action on Draft Public Survey Regarding Potential Charter Amendments
Theresa Acerro, Chula Vista resident, spoke in support of adding a question to th e survey regarding
changing the method for determining salaries for the Mayor and Councilmembers, and she distributed
written communications.
Ken Colelasure, Chula Vista resident, expressed concern regarding drivers speeding on his street and police
response.
Discussion between Commissioners with respect to the survey. Potential for a public meeting.
Commissioners agree to gather more information before moving forward with survey.
ACTION: No Action. Need clarification of items to add to survey.
OTHER BUSINESS
1. STAFF COMMENTS – It is up to commission or vice chair on whether you want to meet in one month or
two. Let’s meet next month for our regular meeting.
2. CHAIR’S COMMENTS – No comments, other than I assume Tom will be notified that he was volunteered
and voted in as Chair.
3. COMMISSIONERS’/BOARD MEMBERS’ COMMENTS – No comments.
ADJOURNMENT: Meeting adjourned at 6:44 p.m. The next regular meeting will be on November 14, 2018.
____________________________________
Marisa Aguayo, Legal Secretary
FULL-TIME MAYOR
&COUNCIL SALARIES,,'"
"Mayo'i-'CounCil :Strbn~{Population ","
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'..'time time Manager 151,969
,San '"$100,001.66 "u Waiting for Additional Info Full-Part-Blends
BernardinD time time both 209,924
,,
~.''.,Mayor shall receive an annual salary equivalent to
"
0,
r ';Chola $126,463.80 $50,585.64 66%of the salary of a Judge of the Superior Court Full-Part-Council-270,000'Y:ista,CA..':of the State of California.Councilmembers shall time time Manager..'.,
:.;;;receive 40%of the salary of the Mayor,..Ji;,:.>
,~';~;,.:~,,:,:;.,,'?$35,298.00."..,t.!'.."8 .':;;l"•
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".$32,000.00
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tlme tIme anager '
Oceanside $36,695.04 $33,993.00 Waiting for Additional Info P.art,P.art,CMouncil,173 829
tune tune anager '
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CA ,.,.cycle &any changes are adopted by Ordinance time time Manager 234,962
DuNrhCam,$28,162.16 $23,922.56 Annual Increase P.art,P.art,CMou~~~,267,743
..tune tune ana",er
.$$.Part'Part'Council,Irvine,CA 10,560.00 10,560.00 CA Gov Code SectIon 36516 ..M 277253tunetlITleanager'
•$41,346.00
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$42,636.00
Background:
Thank you for taking the time to complete this short survey.The City of Chula Vista has a written
Charter which controls how the City runs.All City laws,municipal codes,and policies must be
consistent with the Charter.The Charter Review Commission (CRC)was created to review the City
Charter and recommend changes to the City Council,as needed.Suggested changes to the Charter can
come from the CRC,the City Council,or members of the public.When changes are recommended,the
City Council makes the final decisions as to whether or not to place the proposed changes on the ballot
for voter approval.All changes to the Charter must be approved by City voters in order to become
effective.
The CRC is considering suggesting certain changes to the Charter.It is important for the CRC to get
feedback from the public before doing so and would like you to answer a quick survey.Your answers
will be anonymous,will not directly change any City laws,and will be used to help the CRC in making
its suggestions for changes to the Charter.
Section II.Term Limits:
The City has six elected officials:the Mayor,four City Council members,and the City Attorney.The
City Charter currently allows each ofthese officials to serve two consecutive four-year terms (Charter
Sections 300 and 503).An official who serves two consecutive terms must "sit-out"for one year before
that person can run for the same office again.
I A.Current System:
The current system allows the Mayor,City Council Members,and City Attorney to serve two
consecutive (back-to-back)four-year terms.
Would you like to continue with the current system,without changes?
A.Current System:The current system allows the Mayor,City Council Members,and City Attorney to
serve two consecutive (back-to-back)four-year terms.Would you like to continue with the current
system,without changes?
[]Yes
[]No
[1 Not Sure
2 B.Mayor and City Council members
Would you be in favor of increasing the number of terms the Mayor and City Council members can
serve from two consecutive (back-to-back)fout-year terms to three consecutive (back-to-back)four-year
terms?
B.Mayor and City Council members Would you be in favor of increasing the number of terms the
Mayor and City Council members can serve from two consecutive (back-to-back)four-year terms to
three consecutive (back-to-back)four-year terms?
o Yes
[1 No
1
After I year
After 2 years
After 4 years
After 8 years
C NotSure
3 If the Mayor and City Council members can serve three consecutive (back-to-back)four-year terms,
would you be in favor of allowing the same person to run for Mayor or City Council again after a Hsit-
out"period?
If the Mayor and City Council members can serve .three consecutive (back-to-back)four-year terms,
would you be in favor of allowing the same person to run for Mayor or City Council again after a Hsit-
out"period?
eYes
C No
C NotSure
4 If yes,how long should the sit-out period be before that person is allowed to run again for Mayor or
City Council?
Ifyes,how long should the sit-out period be before that person is allowed to run again for Mayor or CitY
Council?
c
c
c
c
C Never Again
C Don'tKnow
5 C.City Attorney
Would you be in favor of increasing the number of terms the City Attorney can serve from the current
two consecutive (back-to-back)four-yearterms to three consecutive (back-to-back)four-year terms?
C.City Attorney Would you be in favor of increasing the number of terms the City Attorney can serve
from the current two consecutive (back-to-back)four-year terms to three consecutive (back-to-back)
four-year terms?
eYes
C No
C NotSure
6 If the City Attorney can serve three consecutive (back-to-back)four-year terms,are you okay with the
same person running for City Attorney again after a Hsit-out"period?
Ifthe City Attorney can serve three consecutive (b,ack-to-back)four-year terms,are you okay with the
same person running for City Attorney again after a "sit-out"period?
eYes
C No
[]Not Sure
2
After 4 years
After 8 years
7 If yes,how long should the "sit-out"period be before that person is allowed to run again for City
Attorney?
If yes,how long should the "sit-out"period be before that person is allowed to run again for City
Attorney?
[]After 1 year
[]After 2 years
[]
[]
til Never Again
[]Not Sure
Section III.City Attorney Appointment and Residency:
In June 2008,City voters approved a change to the Charter for the City Attorney position.Before the
change,the City Attorney was appointed by the City Council;now,the City Attorney is elected by the
voters.Also,anyone who wants to become the City Attorney must meet certain requirements that are
included in the Charter.One of those requirements is that the person must be a resident of California;the
Charter does not say that the person has to be a resident of Chula Vista (Charter Section 503).
8 A.Appointed vs.Elected
As a result of the Charter amendment in 2008,the City Attorney is now elected.Are you in favor of the
City Attorney returning to being appointed by the Mayor and City Council,rather than being elected?
A.Appointed vs.Elected As a result ofthe Charter amendment in 2008,the City Attorney is now
elected.Are you in favor of the City Attorney returning to being appointed by the Mayor and City
Council,rather than being elected?
[J Yes
C No
C Not Sure
9
B.City Attorney Residency
The City Attorney is required to be a resident of the State of California but is not required to be a
resident of the City (Charter Section 503).Of the 482 cities in the State of California,eleven have
elected City Attorneys.Of those eleven cities,all but Chula Vista require the City Attorney to be a
resident of the City.
If the City Attorney stays as an elected position,are you in favor of requiring the City Attorney to be a
resident of the City?
B.City Attorney Residency The City Attorney is required to be a resident of the State of California but
is not required to be a resident of the City (Charter Section 503).Of the 482 cities in the State of
California,eleven have elected City Attorneys.Of those eleven cities,all but Chula Vista require the
3
City Attorney to be a resident of the City.If the City Attorney stays as an elected position,are you in
favor of requiring the City Attorney to be a resident of the City?
[]Yes
[]No
[]Not Sure
Section IV.Felony Charge Against Elected Official.
The City Charter states that an elected official (Mayor,City Council Member,or City Attorney)shall
lose his or her seat if convicted of a felony (Charter Sections 303 and 503).However,the Charter does
not currently provide any consequences if an elected official is charged with a felony,but has not been
convicted.
I0 Would you be in favor of changing the Charter to add a process for suspending elected City officials
from their duties,without pay,when they are charged with a felony in a court oflaw,until their case is
resolved?
Would you be in favor of changing the Charter to add a process for suspending elected City officials
from their duties,without pay,when they are charged with a felony in a court of law,until their case is
resolved?
[]Yes
[]No
C NotSure
Section V.Elections U sing Vote~By~Maii Ballot,Only,For Elections Held Outside of Regular
Election Dates
The City holds regularly-scheduled elections on the same dates as the California state primary and
general elections (currently,June and November of even-numbered years).The Charter also allows for
the holding of special elections at other times,as needed.One example of why such an election might be
held is if a City Council member has left his or her seat mid-term and the seat is to be filled by electing a
new member to complete the remainder of the term.
The City conducts most elections using traditional polling practices,in which residents can vote at a
polling place or by mail.Elections also can be held using all vote-by-mail ballots.With this type of
election,residents would vote by mail,only;there would be no physical locations where residents could
cast ballots.The Charter currently allows the use of all vote-by-mail balloting for its elections,except
that it cannot be used to elect the Mayor,a City Council member,or the City Attorney.
The cost of holding elections can vary widely depending on how many candidates there are,and other
factors.It typically costs the City more to hold an election on a date other than the regularly-scheduled
election dates in June and November.The CRC has gathered information showing that using only vote-
by-mail ballots for those special elections,rather than using traditional polling practices could
potentially save the City approximately $100,000 to $300,000 per election.
11
4
The CRC is considering recommending to the City Council that the Charter be amended to allow only
vote-by-mail balloting for special elections for the Mayor,City Council members,and City Attorney.
This would apply only to elections that are held at a time other than a regularly-scheduled election,and
the City Council would be able to decide which method to use in each election.Would you be in favor
of this amendment?
The CRC is considering recommending to the City Council that the Charter be amended to allow only
vote-by-mail balloting for special elections for the Mayor,City Council members,and City Attorney.
This would apply only to elections that are held at a time other than a regularly-scheduled election,and
the City Council would be able to decide which method to use in each election.Would you be in favor
of this amendment?
[J Yes
[J No
[]Not Sure
5
[DRAFT]CRC SURVEY RE:PROPOSED CHARTER AMENDMENTS
November 2018
Section I.Background
The City of Chula Vista has a written Charter which controls how the City runs.All City laws,
municipal codes,and policies must be consistent with the Charter.The Charter Review
Commission (CRC)was created to review the City Charter and recommend changes to the City
Council,as needed.Suggested changes to the Charter can come from the CRC,the City Council,
or members of the public.When changes are recommended,the City Council makes the final
decisions as to whether or not to place the proposed changes on the ballot for voter approval.All
changes to the Charter must be approved by City voters in order to become effective.
The CRC is considering suggesting certain changes to the Charter.It is important for the CRC to
get feedback from the public before doing so and would like you to answer a quick survey.Your
answers will be anonymous,will not directly change any City laws,and will be used to help the
CRC in making its suggestions for changes to the Charter.
Section II.Term Limits
The City has six elected officials:the Mayor,four City Council members,and the City Attorney.
The City Charter currently allows each of these officials to serve two consecutive four-year terms
(Charter Sections 300 and 503).An official who serves two consecutive terms must "sit-out"for
one year before that person can run for the same office again.
A.Current System
The current system allows the Mayor,City Council members,and City Attorney to serve
two consecutive four-year terms.
Would you like to continue with the current system,without changes?
Yes No Not Sure
B.Mayor and City Council Members
1.Would you be in favor of increasing the number of terms the Mayor and City
Council members can serve from the current two consecutive four-year terms to
three consecutive four-year terms?
Yes No
Draft eRe Survey Language
Not Sure
Page 1
2.If the Mayor and City Council members can serve three consecutive four-year
tenns,would you be in favor of allowing the same person to run for Mayor again
after a "sit-out"period?
Yes No Not Sure
3.If yes,how long should the "sit-out"period be before that person is allowed to run
for Mayor or City Council member again?
1 year
C.City Attorney
2 years 4 years 8 years Never Again Not Sure
1.Would you be in favor of increasing the number of tenns the City Attorney can
serve from the.current two consecutive four-year tenns to three consecutive four-
year tenns?
Yes No Not Sure
2.If the City Attorney can serve three consecutive four-year tenns,would you be in
"favor of allowing the same person to'run'for City Attorney again after a "sit-out"
period?
Yes No Not Sure
3.If yes,how long should the "sit-out"period be before that person is allowed to run
forCity Attorney again?
1 year 2 years 4 years 8 years Never Again Not Sure
Section III.City Attorney Appointment and Residency
In June 2008,City voters approved a change to the Charter for the City Attorney position.Before
the change,the City Attorney was appointed by the City Council;now,the City Attorney is elected
by the voters,rather than appointed by the City Council.Also,anyone who wants to become the
City Attorney must meet certain..requirements.Those 'requirements are included in the.Charter.
One of those requirements is that the person must be a resident of California;the Charter does not
say that the person has to be a resident of Chula Vista (Charter Section 503).
A.Appointed vs.Elected
As a result of the Charter amendment in 2008,the City Attorney is now elected.
,
Are you in favor of the City Attorney returning to being appointed by the City Council,
rather than being elected?
Draft CRC Survey Language Page 2
Yes No Not Sure
B.City Attorney Residency
The City Attorney is required to be a resident of the State of California,but is not required
to be a resident ofthe City (Charter Section 503).Ofthe 482 cities in the State ofCalifornia,
eleven have elected City Attorneys.Of those eleven cities,all but Chula Vista require the
City Attorney to be a resident of the City.
If the.City Attorney stays as an elected position,are you in favor of requiring the Gity
Attorney to be a resident ofthe City?
Yes No Not Sure
Section IV.Felony Charge Against Elected Official
The City Charter states that an elected official (Mayor,City Council Member,or City Attorney)
shall lose his or her seat if convicted of a felony (Charter Sections 303 and 503).However,the
Charter does not currently provide any consequences if an elected official is charged with a felony,
but has not been convicted.
Would you be in favor of changing the Charter to add a process for suspending elected City
officials from their duties,without pay,when they are indicted or formally charged with a
felony in a court oflaw,until their case is resolved?
Yes No Not S-ure
Section V.Elections Using Vote-By-Mail Ballots,Only,For Elections Held Outside of the
Regular Election Dates
The City holds regularly-scheduled elections on the same dates as the California state primary and
general elections (currently,June and November of even-numbered years).The Charter also allows
for the holding of special elections at other times,as needed.One example ofwhy such an election
might be held is if a City Council member has left his or her seat mid-term and the seat is to be
filled by electing a new member to complete the remainder of the term.
The City conducts most elections using traditional polling practices,in which residents can vote
at a polling place or by mail.Elections can also be held using all vote-by-mail ballots.With this
type of election,residents would vote by mail,only;there would no physical locations in Chula
Vista where residents could cast ballots.The Charter currently allows the use of all vote-by-mail
balloting for its elections,except that it cannot be used to elect the Mayor,a City Council member,
or the City Attorney.
Draft CRC Survey Language Page 3
The cost of holding elections can vary widely depending on how many candidates there are,and
other factors.It typically costs the City more to hold an election on a date other than the regularly~
scheduled election dates in June and November.The CRC has gathered information showing that
using only vote~by-mail ballots for those elections,rather than using traditional polling practices
could potentially save the City approximately $100,000 to $300,000 per election.
The CRe is considering reconunending to the City Council that the Charter be amended to
allow only vote~by-mail balloting for speciaL elections for the Mayor,City Council
members,and City Attorney.This would apply only to elections that are held at a time
other than a regUlarly-scheduled election,and the City Council would be able to decide
.which method to use in each election.Would you be in favor ofthis amendment?
~..
Yes No
Draft GRG Survey Language
Not Sure
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