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HomeMy WebLinkAbout2023-06-14 CRC Agenda Packet REGULAR MEETING OF THE CHARTER REVIEW COMMISSION Date:Wednesday, June 14, 2023 Time:6:00 p.m. Location:City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista Public Comments: Public comments may be submitted to the Charter Review Commission in the following ways: In-Person comments during the meeting. Join us for the Charter Review Commission meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. • Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and click on the comment bubble icon. Click on the item you wish to comment on, and then click on "Leave Comment." The commenting period will close one hour before the meeting. All comments will be made available to the Commission and the public. • Mail or email comments. Submit comments via email to CRC@chulavistaca.gov or by mail to Charter Review Commission, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. • Accessibility: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a Charter Review Commission meeting by contacting the Charter Review Commission Staff at CRC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Buddingh, Disharoon, Glanz, Hopida, Inzunza, Lopez, and Chair Scofield 3.SPECIAL ORDERS 3.1 Welcome to Newly Appointed Commissioner Lopez and Commissioner Introductions 4.CONSENT CALENDAR The Commission will enact the Consent Calendar recommendation by one motion, without discussion, unless a Commission Member, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak: form and submit it to the Secretary prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 4.1 Approval of April 12, 2023 Meeting Minutes 5 Recommended Action: Review minutes and consider for approval. 4.2 Written Communications 9 Communication from Commissioner Inzunza requesting an excused absence from the March 8. 2023 Charter Review Commission meeting. Recommended Action: Consider request for excused absence as appropriate. 5.PUBLIC COMMENTS Persons 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, it appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, please submit coments electronically at: www.chulavistaca.gov/boardmeetings. 6.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to comment on one of these items, you may do so at www.chulavistaca.gov/boardmeetings. City of Chula Vista Charter Review Commission June 14, 2023 Agenda Page 2 of 15 6.1 Presentation Regarding Special Election and Appointment Options to Fill Elected Office Vacancies Presentation from the Chula Vista City Clerk regarding matters related to special elections and appointments in the event of an elected office vacancy, including timelines, procedures, and requirements. Recommended Action: Commission hear the presentation by the City Clerk and take action as appropriate. 6.2 Report on Presentation to City Council Regarding Ranked Choice Voting Concept Report from Vice Chair Buddingh regarding June 6, 2023 presentation to City Council regarding the ranked choice voting concept. Recommended Action: Commision hear the report by Vice Chair Buddingh, discuss any feedback from City Council, and take action as appropriate.. 6.3 Consideration of Changes to the Commission's Regular Meeting Frequency 10 Consideration of resolutions changing the Charter Review Commission's regular meeting frequency from monthly meetings to every other month or quarterly meetings. Recommended Action: Adopt a resolution changing the frequency of the Commission's regular meetings. 6.4 Consideration of Proposed Annual Report for FY2022-23 on Charter Review Commission Activities 14 Presentation by Chair Scofield regarding the proposed annual report to City Council on Charter Review Commission activity for Fiscal Year 2022-23. Recommended Action: Commission hear the presentation by Chair Scofield and authorize the Chair to work with staff to finalize the submit. 6.5 Presentation Regarding the Nature of Council District Representation Presentations by commission members regarding their research into the nature of council district representation in jurisdictions that have full-time City Councilmembers. Recommended Action: Commission discuss the information presented and take action as appropriate. City of Chula Vista Charter Review Commission June 14, 2023 Agenda Page 3 of 15 OTHER BUSINESS 7.STAFF COMMENTS 8.CHAIR'S COMMENTS 9.COMMISSIONERS' COMMENTS 10.ADJOURNMENT to the regular meeting on July 12, 2023 at 6:00 p.m. Materials provided to the Charter Review Commission relating to any open- session item on this agenda are available for public review by contacting the City Attorney's Office at CRC@chulavistaca.gov. City of Chula Vista Charter Review Commission June 14, 2023 Agenda Page 4 of 15 1 REGULAR MEETING OF THE CHARTER REVIEW COMMISSION Meeting Minutes April 12, 2023, 6:00 p.m. City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista Present: Commissioner Buddingh, Commissioner Disharoon, Commissioner Glanz, Commissioner Hopida, Commissioner Inzunza, Chair Scofield Also Present: Assistant City Attorney Megan McClurg and Secretary Doris Cornejo _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Charter Review Commission of the City of Chula Vista was called to order at 6:00 p.m. via teleconference. 2. ROLL CALL Secretary Cornejo called the roll. 3. PUBLIC COMMENTS Public Comment: Delia Dominguez-Cervantes, Chula Vista, asked a question regarding an agenda item. 4. ACTION ITEMS 4.1 Approval of March 8, 2023 Meeting Minutes Motion to approve March 8, 2023 meeting minutes. Page 5 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda 2 Moved by Commissioner Buddingh Seconded by Commissioner Hopida Yes (6): Commissioner Buddingh, Commissioner Disharoon, Commissioner Glanz, Commissioner Hopida, Commissioner Inzunza, and Chair Scofield Result:Carried (6 to 0) 4.2 Meeting Frequency: Discussion and Possible Action on Changes to the Frequency of Regular Charter Review Commission Meetings Discussion by Commissioners regarding regular meeting frequency options - quarterly or every other month. Staff will bring back alternative Resolutions for possible adoption at the next meeting. Moved by Commissioner Inzunza Seconded by Commissioner Glanz Motion to change regular meeting frequency to quarterly meetings. Yes (4): Commissioner Disharoon, Commissioner Glanz, Commissioner Hopida, and Commissioner Inzunza No (1): Commissioner Buddingh Abstain (1): Chair Scofield Result:Carried (4 to 1) 4.3 Discussion Regarding Charter Section 303 (C) Provisions Allowing Elected Office Vacancies to Be Filled by Appointment Public Comment: Cheryl Perez, Chula Vista, spoke in support of making changes to the appointment process for filling vacancies for elected officials when there is a vacancy. Public Comment: Delia Dominguez-Cervantes, Chula Vista, spoke in support of making changes to the appointment process for filling vacancies for elected officials when there is a vacancy. Discussion by Commissioners. Assistant City Attorney McClurg agreed to ask the City Clerk present information on special election provisions, timelines, and requirements. Determination by consensus to agendize the item for the next meeting. Page 6 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda 3 4.4 Discussion Regarding Current Process for Appointing a SANDAG Representative Public Comment: Cheryl Perez, Chula Vista, spoke in support of pursing a measure to change the City process for appointing a SANDAG representative. Public Comment: Delia Dominguez-Cervantes, Chula Vista, spoke in support of pursing a measure to change the City process for appointing a SANDAG representative. Discussion by the Commissioners. No current consensus to recommend changes to the appointment process, and not further discussion desired. 4.5 Discussion Regarding Recommendation To Increase the Number of City Council Members Brief presentation by Todd Glanz. Public Comment: Delia Dominguez-Cervantes, Chula Vista, asked a question. Discussion by the Commissioners. Determination by consensus to agendize an item for future discussion: presentation by commission members on the nature of council district representation in other jurisdictions. OTHER BUSINESS 5. STAFF COMMENTS None. 6. CHAIR'S COMMENTS None. 7. COMMISSIONERS' COMMENTS Commissioner Inzunza encouraged the members of the public to return with detailed ideas to help strengthen the process in which the vacancies are filled. Commissioner Disharoon thanked staff for their support. Commissioner Glanz encouraged public members to attend. Commissioner Budding asked a question regarding adding The City Attorney to 305 (A). Page 7 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda 4 8. ADJOURNMENT The meeting was adjourned at 7:42 p.m. Minutes prepared by: Doris Cornejo, Secretary _________________________ Doris Cornejo, Secretary Page 8 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda Page 9 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda RESOLUTION NO. _____CRC2023-001___ RESOLUTION OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA CHANGING THE SCHEDULE OF REGULAR MEETINGS TO EVERY OTHER MONTH WHEREAS, Chula Vista Municipal Code section 2.29.050 requires the Charter Review Commission (“Commission”) meeting schedule to include at least one regular meeting per year, at the day, time, and location established by written resolution of the Commission; and WHEREAS, Municipal Code Section 2.25.200 authorizes a board or commission to change its regular meeting day, time, or location by written resolution; and WHEREAS, the Charter Review Commission previously selected Executive Conference Room 103, 276 Fourth Avenue, Chula Vista, CA 91910 as the place for the Charter Review Commission to hold its regular meetings via Resolution 2014-03 adopted on May 27, 2014; and WHEREAS, the Charter Review Commission wishes to maintain Executive Conference Room 103 as the location for the Charter Review Commission to hold its regular meetings, but also wishes to change the Commission’s regular meeting frequency to every other month, on the second Wednesday of the month, at 6:00 p.m., beginning August 9, 2023 and continuing thereafter; and NOW, THEREFORE, BE IT RESOLVED by the Charter Review Commission of the City of Chula Vista, that the Charter Review Commission’s regular meetings shall take place in Executive Conference Room 103, 276 Fourth Avenue, Chula Vista, CA 91910 on the second Wednesday of the month at 6:00 p.m., starting August 9, 2023 and continuing thereafter every other month unless canceled or modified accordingly. PASSED, APPROVED, and ADOPTED by the Charter Review Commission of the City of Chula Vista, California, this 14th day of June 2023, by the following vote: AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: James Scofield, Chair Page 10 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda Resolution No. CRC2023-001 Page 2 ATTEST: Doris Cornejo Secretary of the Charter Review Commission STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Doris Cornejo, Secretary of the Charter Review Commission of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. CRC2021-001 was duly passed, approved, and adopted by the Charter Review Commission at its regular meeting held on the 14th day of June 2023. Executed this ___ day of _______, 2023. Doris Cornejo, Commission Secretary Page 11 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda RESOLUTION NO. _____CRC2023-001__ RESOLUTION OF THE CHARTER REVIEW COMMISSION OF THE CITY OF CHULA VISTA CHANGING THE SCHEDULE OF REGULAR MEETINGS TO QUARTERLY MEETINGS WHEREAS, Chula Vista Municipal Code section 2.29.050 requires the Charter Review Commission (“Commission”) meeting schedule to include at least one regular meeting per year, at the day, time, and location established by written resolution of the Commission; and WHEREAS, Municipal Code Section 2.25.200 authorizes a board or commission to change its regular meeting day, time, or location by written resolution; and WHEREAS, the Charter Review Commission previously selected Executive Conference Room 103, 276 Fourth Avenue, Chula Vista, CA 91910 as the place for the Charter Review Commission to hold its regular meetings via Resolution 2014-03 adopted on May 27, 2014; and WHEREAS, the Charter Review Commission wishes to maintain Executive Conference Room 103 as the location for the Charter Review Commission to hold its regular meetings, b ut also wishes to change the Commission’s regular meeting frequency to quarterly meetings, on the second Wednesday of the month, at 6:00 p.m., beginning August 9, 2023 and continuing thereafter; and NOW, THEREFORE, BE IT RESOLVED by the Charter Review Commission of the City of Chula Vista, that the Charter Review Commission’s regular meetings shall take place in Executive Conference Room 103, 276 Fourth Avenue, Chula Vista, CA 91910 on the second Wednesday of the month at 6:00 p.m., starting August 9, 2023 and continuing thereafter on a quarterly basis unless canceled or modified accordingly. PASSED, APPROVED, and ADOPTED by the Charter Review Commission of the City of Chula Vista, California, this 14th day of June 2023, by the following vote: AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: James Scofield, Chair Page 12 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda Resolution No. CRC2023-001 Page 2 ATTEST: Doris Cornejo Secretary of the Charter Review Commission STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Doris Cornejo, Secretary of the Charter Review Commission of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. CRC2021-001 was duly passed, approved, and adopted by the Charter Review Commission at its regular meeting held on the 14th day of June 2023. Executed this ___ day of _______, 2023. Doris Cornejo, Commission Secretary Page 13 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda ANNUAL ACTIVITY REPORT CITY OF CHULA VISTA BOARDS & COMMISSIONS FISCAL YEAR 2022-2023 Commission: Charter Review Commission Highlights of activities during the fiscal year 2022-2023 1. The Commission submitted a proposal to the City Council to revise the City Charter. We first made our expanded proposal, and then revised it based on comments and suggestions of the Mayor and Council Members. The final presentation to the Council passed 5-0 and was placed on the November ballot as Measure K. Measure K passed with about 67% of the voters approving. 2. The Commission followed up on suggestions by Councilmembers Jill Galvez and John McCann to review Ranked Choice Voting. Jan Buddingh, Vice Chair of the Commission made a presentation to the City Council on Tuesday, June 6, 2023. In the presentation he described ranked choice voting and some of the issues that will need to be addressed. The Commission will continue to investigate these issues and decide on further steps. Detailed Summary: 1. One member of the commission resigned early in 2023. This did not affect quorums or voting. 2. Measure K took up most of the time of the commission. The entire charter was reviewed by using ad hoc committees that reported back to the full commission with recommendations for changes. The charter had many editorial changes, and changes to update the charter to make if more readable and based on current practices were added in the final proposition. City staff, especially the City Attorney’s Office and the Office of the City Clerk made numerous suggestions. One substantive change included was to allow all City Page 14 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda residents to serve on boards, and commissions. Other substantive changes were to require the City Attorney to be a city resident, and to provide the City Council with the option to conduct special elections entirely via mail-in ballot. 3. The Commission also reviewed materials related to Ranked Choice Voting. A brief list of references was created and different commissioners reviewed most of the references. Discussions were held about different variations of voting systems. One notable discovery was that the City of San Diego has already researched Ranked Choice Voting and is seriously considering adopted some version of it. To change our voting system would be a large task. If the entire county were to adopt a new system, this would simplify matters of cost, implementation by the Registrar of Voters, and education of the electorate. These issues would be challenging. The Charter Review Commission made a preliminary report to the City Council where these issues were touched on. The Commission will continue to investigate the pros and cons of changing to a new voting system. cc: Maria V. Kachadoorian, Jill Maland Page 15 of 15 City of Chula Vista Charter Review Commission June 14, 2023 Agenda Elected Official VacanciesOptions to FillAppointments & Special ElectionsKerry Bigelow, City ClerkCharter Review Commission PresentationJune 14, 2023 Today’s Options (Charter Sec. 303)NotesProcedure to FillTime Remaining In TermSeat remains vacant if:‐Council unable to make appointment‐An appointment results in a majority of members being appointedAppointment within 45 daysOne Year or Less‐Election on next established election date or within 120 days from declaration of vacancy‐Can be consolidated with another election scheduled to be held within 180 days‐Runoff required if no candidate receives 50%+1Special election25 Months or More‐Council makes determination within 14 days of declaration of vacancy‐If appointment selected and Council unable to appoint within 45 days, a special election is required‐If appointment results in a majority of members being appointed, special election is requiredAppointment or special electionMore than One Year but Less than 25 Months ConsiderationsLENGTH OF TIME SEAT VACANTCOSTFREQUENCY OF OCCURRENCECOMMUNITY PARTICIPATION Comparison of Considerations* Time may vary, depending on when seat was declared vacant and the proximity to established election dates.** Based on the cost estimates for vote center model elections from the ROV for 2022 vacancies; mail ballot election estimated 20‐25% lessCost**Time Seat Vacant (Est)*Process to FillMinimal hard costs~45 daysAppointment‐Citywide seat standalone: $2M‐Citywide seat consolidated: $200K‐District seat standalone: $500K‐District seat consolidated: $70K~5 –12 months, depending on election date*Special election with no runoff‐Citywide seat standalone: Up to $4M‐Citywide seat consolidated: Up to $400K‐District seat standalone: $1M‐District seat consolidated: $140K~12 –17 months, depending on election date*Special election with runoff Hypothetical ExamplesCostTime Remaining in Term Once Member SeatedTime Seat Remains VacantSeat FilledProcess to FillMinimal hard costs1/2023 – 12/2024 (23 months)~45 daysLate January 2023Appointment$70k ‐$2M, depending on:‐citywide vs. district seat‐Vote Center vs. mail ballot5/2023 – 12/2024 (19 months)12/2023 – 12/2024 (12 months)5 months12 monthsMay 2023December 2023Special Election with no Runoff$140k ‐$4M, depending on:‐citywide vs. district seat‐Vote Center vs. mail ballot12/2023 – 12/2024 (12 months)5/2024 – 12/2024 (7 months)12 months17 monthsDecember 2023May 2024*Special Election with RunoffBased on:  Seat Term of 12/2020 – 12/2024; Vacancy Declared in 12/2022*Same election as primary election for the next term of that seat March 2024 Election Timeline(E‐11 Months)Candidates may begin fundraisingApril 2023Candidate filing period(E‐113 –88 Days)Nov 13 –Dec 8(E‐67 Days)Approx date ballot materials sent to print by RegistrarDec 29ELECTION DAY(E‐0 Days)Mar 5(E+30 days)Deadline for Registrar to certify resultsApr 4 QuestionsKerry Bigelow, City Clerkkbigelow@chulavistaca.gov ARTICLE III. MAYOR AND CITY COUNCIL Sec. 300. Members, Eligibility, and Terms. (A) Members. There shall be a City Council of five members, consisting of four Councilmembers and a Mayor, elected at the times and in the manner provided in this Charter. (B) Mayor Eligibility. The Mayor shall be elected from the City at large, in the same manner provided in Section 901 for Councilmembers, except without any reference to districts. To be eligible to seek election to the office of Mayor, a person must be a Resident and registered voter of the City at the time they are issued their nomination papers for such office. To be eligible to hold the office of Mayor, a person must be a Resident and registered voter of the City and maintain such status throughout their term. (A link should refer the reader to the section addressing the consequences of misrepresentation of the facts): sample language could be…….. Seeking office under false pretense shall be referred to the City Attorney by the City Clerk for fact-finding and referred to the appropriate authority for resolution. (C) Councilmember Eligibility. Each of the four Councilmembers shall be elected by district in the manner provided in Charter Section 901. To be eligible to seek election to the office of Councilmember, a person must be a registered voter of the City and a Resident of the Council district which that person seeks to represent at the time they are issued their nomination papers for such office. To be eligible to hold the office of Councilmember, a person must be a registered voter of the City and a Resident of the Council district which that Councilmember represents and maintain such status throughout their term. (A link should refer the reader to the section addressing the consequences of misrepresentation of the facts): sample language could be…….. Seeking office under false pretense shall be referred to the City Attorney by the City Clerk for fact-finding and referred to the appropriate authority for resolution. (D) Councilmember and Mayor Terms of Office. The term for each Councilmember and the Mayor shall be four years. Each such term shall commence upon taking the oath of office and shall continue until a qualified successor takes the oath of office. The oath of office shall be administered at the first scheduled City Council meeting following certification of the election results, or as soon thereafter as practicable. (E) Limitation on Consecutive Terms. Councilmembers and Mayors may serve up to, but no more than, two consecutive terms in their respective offices. Any person who has held the office of Councilmember or Mayor for a period of two consecutive terms may again seek election to the office of Councilmember or Mayor, respectively, by submitting nomination papers to the City Clerk for such office, but may not do so until a period of one year has elapsed from the termination of their second term as Councilmember or Mayor, respectively. Any person appointed by the Council to fill the office of Councilmember or Mayor may not seek election to said office of Councilmember or Mayor by submitting nomination papers to the City Clerk for such office until a period of one year after the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two full terms thereafter. Any person elected in a special election for the balance of a regular term of Councilmember or Mayor for a period of two years or less may seek nomination and election for two full terms thereafter. Sec. 301. Powers to Judge Qualifications and Election Results. The City Council may judge the qualifications of the City’s Elected Officials as set forth by the Charter, and may judge all election returns for such positions, subject to the terms and conditions of rules and procedures it shall adopt for such purposes by ordinance, and the requirements of applicable State and federal laws. In matters involving the determination of the qualifications of its Elected Officials, and on other matters prescribed by ordinance, the City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Refusal to comply with any subpoenas issued for these purposes, or the refusal to testify (for other than constitutional grounds), shall be punishable in the same manner as other violations of this Charter. There sould be a link to the ‘punishable’ consequences. Sec. 302. Compensation for Councilmembers. The four Councilmembers shall receive, as compensation for their services, a salary equal to 40% of the salary of the Mayor. They shall also be entitled to receive reimbursement for Council-authorized and budgeted travel and other expenses when on official duty of the City consistent with City policies. The City Council may also provide, by resolution, for the payment to Councilmembers of an allowance of a sum certain per month to reimburse them for the additional demands and expenses made upon and incurred by them in serving as Councilmembers. There should be a link to the resolution and the compensation amount. Sec. 303. Vacancies. (A) When a Vacancy Occurs. A City Councilmember or Mayor shall be deemed to have vacated their office on the date such office holder: (1) is absent from four consecutively scheduled and held regular meetings of the City Council without permission or excuse approved by the City Council; (2) is convicted of a felony or a crime involving moral turpitude; Define or provide link to definition of (3) resigns from office; (4) is sworn in to another office or position requiring the surrender of the City office; (5) is removed from office by judicial procedure or other state law proceeding; (6) forfeits the office under any provisions of this Charter; Where are these provisions…link? (7) no longer meets the qualifications necessary to hold the position; Provide link to the defined qualifications. NOTE: The Qualification Link should include and define: • Residency: What does that mean? Does is mean length of residency? If so, an idea might be that the candidate must have voted as a Chula Vista resident in prior election cycle • Criminal Record: The candidate should self-disclose misdemeanors and felonies; Not all misdemeanors are disqualifying.. etc, and should define the enforced consequences There should also be a reference link to the consequences to include misrepresentations (8) is judicially-determined to be an incompetent; (9) is permanently so disabled as to be unable to perform the duties of the position. 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 officer; or. What defines physical ability? Is it the physical ability to go out to speak and talk the community? This needs to be clear. (10) dies. The City Council shall declare by resolution the existence of any vacancy as soon as practicable. (B) Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacer’s Term. If (1) a vacancy is expected to occur in an office of any member of the City Council or Mayor because of the election of the current office holder to another office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, State or local (non-City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, State or local election, then (a) the City Council shall declare an anticipated vacancy and call and request consolidation of such special election with such other election or elections, and (b) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. (C) Filling Vacancies: Appointments and Special Elections. Except under the circumstances provided in Charter Section 303(B), the City Council shall fill such vacancy by election or appointment as set forth herein. (1) One Year or Less Remaining in Term. If a vacancy is declared by the Council with respect to an elected office with one year or less (but more than 9 months) remaining in the term of such office from the date of such declaration, the Council shall use their good faith, best efforts to fill that vacancy by Council appointment by no later than forty-five days (no later than sixty days) after the date of such declaration. In the event Council shall make such an appointment, the appointed office holder shall be entitled to hold such office until a qualified successor is subsequently sworn in at the expiration of the term. If the Council is unable to make an appointment during the prescribed forty-five day (60 days) time period, the Council’s power to appoint to fill the vacancy shall terminate and the seat shall remain vacant for the remainder of the term. The City of Chula Vista must do a cursory background of candidates who make it to the top potential 5 (or something similar). Which then would require candidates to self-disclose under the penalty of perjury; which should then provide a link to what those penalties are and clarify that those penalties will be enforced by ??? (2) Twenty-Five Months or More Remaining in Term. If a vacancy declared by the Council occurs with twenty-five months or more remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Charter Section 901 and the Elections Code, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. (a) Special Election. In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one candidate from the district. If a candidate receives the majority of the votes cast in that candidate’s district, that candidate shall be deemed and declared by the Council to be elected to the vacant office. Ties among candidates shall be resolved in the manner provided in Charter Section 901(B). (Define “majority”. Is it 50 percent plus 1?) (b) Special Run-Off Election. If no candidate receives a majority of votes (cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in Charter Section 901 and the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, State, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run- off election with that election, as provided by the Elections Code. The two candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two candidates shall be printed on the ballot for that seat. If a special run-off election is required under this Charter Section 303, a write- in candidate may participate in such election only if the candidate qualified as a write-in candidate for the election initially held pursuant to Charter Section 902(A). (c) A vacancy in the office of Mayor shall be filled in the same manner as provided in Charter Section 303(C)(2)(a), and (b) except that the voters of the City at-large shall be entitled to vote. (3) More than One Year But Less Than Twenty-Five Months Remaining in Term. If a vacancy is declared by the Council with more than one year but less than twenty-five months remaining in the term from the date of declaration, the Council may either appoint a person to fill the vacant seat on the City Council, pursuant to Charter Section 303(C)(1), or call a special election to fill the vacancy, pursuant to Charter Section 303(C)(2). The Council shall determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. If the Council determines to fill the vacancy by appointment and is unable to make an appointment within forty-five days of the Council declaring a vacancy, the Council’s power to appoint is terminated and the Council shall call a special election pursuant to Charter Section 303(C)(2). (4) Exception When Appointment Would Result in Majority of Appointed Councilmembers. Notwithstanding any other provision to the contrary in Charter Section 303(C), if an appointment would result in a majority of the members serving on the City Council being appointed, the Council shall not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than twenty-five months, the Council shall call a special election to fill the office in accordance with Charter Section 303(C)(2). (5) Future Election of Appointee to Elected Office. Any person who is appointed by the Council to fill the office of Councilmember or Mayor as provided in Charter Section 303(C), may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two full terms thereafter. (6) Mail Ballot Only Option in Case of Special Election. If a vacancy in the office of an Elected Official is to be filled utilizing a special election that is not consolidated with a scheduled federal, State or local polling place election, the City Council may authorize such election to be conducted wholly by mail ballot. Sec. 304. Presiding Officer, Mayor. (A) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have all the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor shall have the power and duty: (1) to report to the City Council annually on the affairs of the City and to recommend for its consideration such matters as the Mayor deems appropriate; (2) to be the official head of the City for all political and ceremonial purposes and, in the name and on behalf of the City, to sign all legal instruments and documents to which the City is a party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or order of the Council; Define ‘official head’ in context with ‘…political and ceremonial purposes’... (3) to take command of the police, maintain order, and enforce the law during a time of extreme public danger or emergency, with the consent of the Council, and for such period as the council may fix, with the advice and support of the City Manager and City Attorney; (4) to assume the primary, but not the exclusive responsibility, for describing to the people the policies, programs and needs of the City government and for informing the people of any major change in policy or program. The Mayor may represent the City in any and all matters involving other governmental agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City unless duly authorized or ratified by the City Council; (5) to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council; #2 above and this #5 appear to go in opposite directions. (6) to supervise the operation of the mayor/council office and personnel assigned thereto; (7) to perform such other duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter; and (8) to exercise the full-time function as Mayor of the City during the usual business hours that the offices of the City are open, and such other hours and times as shall be necessary to discharge in full the duties imposed upon the Mayor. (B) Compensation. The Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State. The Mayor shall also be entitled to receive reimbursement for Council-authorized and budgeted travel and other expenses when on official duty out of the City consistent with City policies. The City Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the Mayor. (C) Deputy Mayor. The Mayor shall designate, subject to the approval of the City Council, a City Councilmember to serve as Deputy Mayor, who shall serve in such capacity at the pleasure of the City Council. The Deputy Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability. Sec. 305. Limitations on Authority. (A) Prohibition on Undue Influence. No member of the Council shall, directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties. (B) Prohibition on Certain Administrative or Executive Functions. The Mayor and the Councilmembers are hereby individually and collectively prohibited from performing any administrative or executive functions except as same may be authorized by this Charter or by ordinance of the City. Neither the City Council nor any of its members shall order or request of the City Manager, or any other officer or employee, the appointment of any person to any position of employment within the City, or the removal of any person from employment, with the City. (C) Prohibition on Giving Orders to Subordinates of the City Manager. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager, and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately. (D) Penalties for Violation. A violation of the provisions of this Charter Section 305 by any member of the Council shall constitute misconduct for which the offending member may be censured or removed from office by the Council. There should be a link directing the reader to the penalties and the process Sec. 306. Limitations on Powers of Eminent Domain. (A) In General. Eminent domain is not to be used to further private economic development. The City of Chula Vista shall not initiate or participate in any proceedings, or take any action to condemn private property for the purpose of making such property available for private development, nor shall the City participate, directly or indirectly, in such takings. “Participation” means contributing, lending, providing, pledging, or foregoing, any funds, property, credit, in-kind services, or incurring any debt or lease obligation, or providing any other thing of value to any agency, organization, or project. Notwithstanding these prohibitions, the City of Chula Vista may participate in proceedings to condemn private property for the purpose of making such property available for private development if such participation is approved by a majority of the voters in the City. (B) Minimum Public Use Period. Property acquired by the City of Chula Vista through the use of eminent domain after June 6, 2006 must be held or used for a public use by the City for a minimum ten-year period prior to sale, lease, transfer or other disposition by the City. Sec. 307. Council Meetings. (A) Generally. All City Council meetings shall be fully and properly noticed, open to the public, and otherwise held in accordance with all applicable State open meetings laws. (B) Regular Meetings. The City Council shall hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution. The City Council shall adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. (C) Special Meetings. Any meeting of the City Council that is not a “regular meeting” under the terms of Charter Section 307 shall be considered a “special meeting.” Subject to the laws applicable to Charter cities, any Council action that may be taken at a "regular” Council meeting may also be taken at a “special” Council meeting. (D) Place of Meetings. All regular City Council meetings shall be held in the City Council Chambers in the Civic Center or other appropriate location within the Civic Center complex, if City Council Chambers are not otherwise available or suitable. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated or it is unavailable, the meetings may be held for the duration of the emergency or unavailability at such place as is designated by the Mayor, or, if the Mayor should fail to act, by three members of the City Council. Any special meeting may be held within any place suitable and desirable for public assembly within the City to facilitate the public participation in the business of the City, subject to the requirements of notice as provided in this Charter and State law. (E) Joint Session with Other Governing Bodies. The City Council may meet in joint session outside the City with the governing body or bodies of any other governmental agency, in the County of San Diego, at an appropriately designated place of meeting, subject to notification as required in this Charter and State law. Sec. 308. Quorum Required to Conduct City Business. Three members of the City Council shall constitute a quorum to conduct City business at a properly noticed public meeting. Less than a quorum, however, may act for the sole purpose of adjourning such meeting to a specified future date and time. If a quorum is lost during a meeting, less than a quorum shall either recess the meeting until a quorum can be re-established or adjourn the meeting to a specified date and time. In the absence of all the members of the City Council from any meeting, the City Clerk may declare the same adjourned to a specified date and time. When a meeting is adjourned under this Charter Section 308 to any date or time other than the next scheduled regular meeting, the City Clerk shall provide special notice of such meeting in accordance with the standards provided in this Charter and the laws of the State. Sec. 309. Citizen Participation. All citizens shall have the right personally, or through counsel, to appear and present grievances or offer suggestions for the betterment of municipal affairs at any regular meeting of the Council. Sec. 310. City Council Action Generally. (A) Votes Required. Unless a higher vote is required by other provisions of this Charter, or other applicable laws, the affirmative votes of at least three members of the City Council shall be required for the enactment of any ordinance or resolution, or the taking of any other action requiring City Council consideration or approval. At the time of adoption of an ordinance or resolution, the title and full text thereof shall be read into the record by the City Clerk; provided, however, the title alone may be read and the full reading of the text waived, with consent of the Council. (B) Execution and Attestation. All ordinances and resolutions shall be signed by the Mayor, attested by the City Clerk, and approved as to legal form by the City Attorney. Sec. 311. Ordinances. (A) Generally. In general, except for emergency ordinances as provided in Charter Section 311(B), or otherwise required by law, ordinances shall be adopted in a two-step process. First, the City Council must approve the introduction of an ordinance. Second, no sooner than five days thereafter, the City Council shall again consider the proposed ordinance and take final action to adopt or reject it. In the event that any ordinance is altered after its initial introduction, the same shall not be finally adopted except at a meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration for purposes of this Charter Section 311. (B) Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, and general welfare and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least a four-fifths vote of the Council. (C) Publication of Ordinances. Within fifteen days after its passage, the City Clerk shall cause each ordinance to be published at least once in a newspaper of general circulation published and circulated in the City, or if there is none, the Clerk shall cause it to be posted or published as otherwise allowed in accordance with State law. The City Clerk may satisfy the requirement to publish each ordinance by causing a fair and impartial summary of the ordinance to be published within fifteen days after the ordinance’s adoption and making a copy of the full ordinance available in the office of the City Clerk. Each fair and impartial summary to be published shall be approved as to form by the City Attorney. (D) Codification of Ordinances. The City shall create and maintain a comprehensive code of the local laws and rules that have been adopted by ordinance governing the conduct of the City, and the conduct of City businesses, residents and visitors within the City (“Municipal Code”). The Municipal Code may be amended, and any such amendment must be approved by ordinance. The Municipal Code may incorporate other codes, or portions thereof, including statutes or published compilations of rules, regulations or standards adopted by the federal, State, or County government or by any agency of any of them. Nationally recognized or approved published compilations of proposed rules, regulations or standards of any private organization or institution, may also be incorporated by reference into the Municipal Code in accordance with the provisions of this Charter Section 311. At least one physical copy of the Municipal Code shall be maintained in the Office of the City Clerk and made available for use and examination by the public. Copies of such code, or any provision(s) thereof, duly certified by the City Clerk, shall be received without further proof as prima facie evidence of the provisions of such code in all courts and administrative tribunals of this State. (E) Effective Date of Ordinances. Ordinances shall take effect thirty days after their final adoption except where otherwise required by applicable law, and except for the following which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under State or local law or procedural ordinance; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property; or (4) An emergency ordinance adopted in the manner provided for in this Article. (F) Amendment of Ordinances. The amendment of any ordinance, or any section or sections of an ordinance, may be accomplished solely by the adoption of another ordinance. Where such amendment relates to a section or sections of the Municipal Code, it shall be effected through the reenactment of such section or sections at length as amended. Sec. 312. Legal Notices. Upon request, the City Clerk may publish, or notice or facilitate the publication of all City Council- related matters required to be published or noticed in accordance with applicable laws. What’s Nearby ARTICLE On This Page Sec. 300 Members, Eligibility, and TermsSec. 301 Powers to Judge Qualifications and Election ResultsSec. 302 Compensation for CouncilmembersSec. 303 VacanciesSec. 304 Presiding Officer, MayorSec. 305 Limitations on AuthoritySec. 306 Limitations on Powers of Eminent DomainSec. 307 Council MeetingsSec. 308 Quorum Required to Conduct City BusinessSec. 309 Citizen ParticipationSec. 310 City Council Action GenerallySec. 311 OrdinancesSec. 312 Legal Notices Latest amendments were approved by the electorate on November 8, 2022. Recommended by Charter Committee 1949. Approved by a special election, November 8, 1949, with a vote of 2068 YES to 1101 NO, presented to t he House by Assemblyman Ralph R. Cloyed and to the Senate by Senator Fred H. Kraft. Ratified by the Legislature of the State of California on December 15, 1949. City Website: www.chulavistaca.gov Code Publishing Company, A General Code Company From:Doris Cornejo To:"Delia Dominguez Cervantes" Cc:Megan McClurg Subject:RE: Charter Review Input Date:Wednesday, June 14, 2023 10:50:54 AM Hello Delia, I am in receipt of your email for tonight's public comment. I will provide copies to the Commissioners for review. Just as a reminder, since this will be presented under public comments and it is not an agendized item, there will be no action on the item tonight. Thank you for your involvement. Regards, Doris Cornejo -----Original Message----- From: Delia Dominguez Cervantes Sent: Wednesday, June 14, 2023 10:04 AM To: Doris Cornejo <Dcornejo@chulavistaca.gov> Subject: Charter Review Input WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Good Morning, At the April Charter Meeting, member Michael Inzunza asked for specific input to the CV Chula Vista section under review. I was prepared to present it but the meeting were canceled/postponed. Attached is my input. Sorry I cannot make the meeting tonight, I have a CVESD Board Meeting. In my absence, I authorized Cheryl Perez to provide you the attached if it is the only way to offer it to the Charter Review Commission. While I would prefer a special election for any time frame left on the term, It is probably unreasonable under 1 year. Time frame: If greater than 12 months – special election. Less than one year appointment process. Increase application time frame from 40 to 65 days. This is especially important if falls over a holiday season like it did this time. Application: Applicant background check: During a normal campaign, vetting of a candidate would be done by opposition research or the public. Since that the city is taking on the responsibility of choosing someone through the council, they should show due diligence and do a background check that includes criminal records search, college degree accuracy, liens against property, financial judgements, DUI’s, IRS debts, problems with professional licensing, and any businesses licenses and filing current. Sadly, most of those were a problem in this last appointment process. Submit application in person to the city clerk office & checked for completion. They are applying for an office that will bring them to city hall regularly. They can walk the application in. Signed in front of city clerk for a wet signature. Penalty of perjury explained to applicant and penalty of perjury needs to hold some consequence if information on application is found to be untruthful or misleading. Applicant should be removed from the position is the untruth is found after being sworn in. Public input The current council showed no interest in what the public had to say about the process or candidates. The residents should have at least the opportunity given to them to hear and question candidates. At least one public forum should be required for the finalists by either the city or outside group. Public opinion and trust in city government should be the first concern. The current appointment process erodes trust. I hope you will bring forward the changes to the vacancy process that will help to start restoring public trust.