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HomeMy WebLinkAbout2016-07-13 CRC AgendaCITY of CHUTAVISTA Charter Review Commission REGULAR MEETING OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA July 13, 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 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 8, 2016 minutes. 2. Election of New Chair and Vice Chair 3. Review and Consideration of Proposed Amendments to Charter Sections 300: "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. 16 -0222 on June 7, 2016 OTHER BUSINESS t declare under penalty of perjury that I am employed by 1. STAFF COMMENTS the City of Chula Vista In the Office of the City Attorney and that I pasted this document on the bulletin board at 2. CHAIR'S COMMENTS the City Hall according to Brown Act requirements. kDated: 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: July 13, 2016 Chula Vista Municipal Code Page 112 See. 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. 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: (I) 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 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 al lowed 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 .fudge 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. Tile 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 he or she is a citizen of the United States, a qualified elector, and a Califerni resident and registered voter of the City or territory annexed to the c-Ci1y, licensed to practice law in all courts of the State of California and so licensed for at Ieast seven years preceding his or her assumption of office following election under this charter. A person must be a resident and registered voter of thq Ci1y, or territga annexed to the CJIy, at the time of filin the nomination 12apers for the Office of CJIY Attorney. (e) Term of Office of the City Attorney. The City Attorney shall be elected to a nominal term of four years, which a+rd term shall commence upon the taking of the oath of offic election, and shall continue until a successor qualifies. The oath of office shall be administered at, or immediately prior to the first CiIy Council meetin held following the Friday after which the official election results are certified. No verson shall be ell ible to serve more than four consecutive four- ear terms as Ci Attorney. The 0- Aoevney shall be subjec undeFSeetiest 398( (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 tbereto fails to qualify within ten days after his or her term is to begin, dies, resigns, ceases to be a resident of the City or territory annexed to the Citystate 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 procedtu•e. 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. Chula Vista Charter Page 113 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. 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 and Duties 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, corn missions, 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-membeperthe City Council or the City Manager, the Cites or any ether F,board or commission of the City; (2) Represent and appear defend for-the City, and any city officer or employee; or former City officer or employee as may be required by law or in accordance with City policy, in any or all legal 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 named party; (3) Attend and advise at all regular meetings of the City Council and special meetings as necessary and appropriate, _n o • whenever- e City Council or by any of the rte.,.. FdS O officers of the Cit,.• W , (4) Approve the f:ori oQversee the preparation of all contracts made by and all bonds given to the City, endorsing apprevapthereenand approve the form of same in writing. (5) Oversee the preparation ofPTeparo-_any and all proposed ordinances or resolutions for the City, and approve the form of same in writingamendn lent tlr o; (6) Prosecute, -tea ted by ord:n °^^° Of the Cit y G^„ ^ ^:r, in his or her professional discretion, all offenses against the ordinances of the City and &T-such offenses against the laws of the State as may be authorized or required by law;; acrd -the City Attorne Lshall also 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 criminal misdemeanors; (7) Whenever a civil cause of action exists in favor of the City; when the basis for such action is within the knowledge of the City Attorney exercise discretion as to when to commence or maintain legal proceedings, subject to the approval or ratification by the City Council, Nyhen the bask for such action :6 Nyithin the know dge of the City Attorney, or, lie or she 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 -n in ena OWU theThe City Attorney- at Ns or !let- req est *^may employ special legal counsel,-. and/on he -oral e— ,ha44wve4b _appraisers, engineers armor other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter as he or she deems necessary orappropriate to assist with performance of the above - described duties subject to available funds and City's procurement policies, Upon the City Attorney's recommendation and the approval of the Council, when he- er- shethe City Attorne1 has a conflict of interest in litigation involving another officer or employee of the City in- acting in his /her official capacity, such other officer /en_ �plp oyee may be authorized to retain special legal counsel at City expense. Nothing in this Section 503 shall be construed to prevent the City Attorney fi•om 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 Chula Vista Charter Page 213 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 Gity Attorney s hale be in the Unclassified Servqce. (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 Ca4fen a- resident and re istered voter of the Cily, or territM annexed to the Ctt , 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. A person must be a resident and registered voter of the City, or territo annexed to the City, at the time of filing the nomination papers for the Office of City Attorne . (e) Terrn of Office of the City Attorney. The City Attorney shall be elected to a nominal term of four years w� h ich term shall commence upon the taking of the oath of office and shall commence on the fiffit Tuesday of December- of the year .Fthe election, and shall continue until a successor qualifies.. The oath of office shall be administered at or immediately prior to the firstfily Council meeting held following the Friday after which the official election results are certified. No person shall be eligible to serve more than four consecutive four-year terms as CJIy Attorne . City Attemey shall be subjeet to the same limits on terms of serviee as are applicable to the Ma3'@F and City Couneil tamer Sect -on 300(G} (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 shal I 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 City or territory annexed to the CitX, for 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 provision 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. Chula Vista Charter Page 3/3 (b) Legislative Counsel may advise the Council a on matters where the City Attorney has determined that he /she has a conflict of interest' b on matters relating to City Councilmember conflicts of interest; and /or c on !,egardin_g its legislative duties. Legislative Counsel shall n6th whether the hiring of special counsel is therefore warranted if both the City Attorney and Legislative Counsel have a conflict of interest, If the Council approves the hiring of such special counsel, Legislative Counsel may assist the Council in the selection and appointment of special counsel. City's Ethics an lleged violaflons thereof and further may advise flie City's Gliarter Rey ew Conimission. Legislative COMM! n!"Isolwovide-suc"t4wr assistance lo the Beard of Ethics in investigating or assisting the Board in the - conduct eNiearings, is;eli'd ;n94he hiFi 5 of special 1 to the Board. (eO The Council may further provide by ordinance that the advice of the Legislative Counsel on the matters set forth in this section 503.1 shall be in lieu of that of the City Attorney. The Counsel may additionally or alternatively provide by ordinance for tite prevention or resolution of conflicts and /or disputes between the City Attorney and Legislative Counsel.