Loading...
HomeMy WebLinkAbout2023-11-08 CRC Agenda Packet REGULAR MEETING OF THE CHARTER REVIEW COMMISSION Date:Wednesday, November 8, 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.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 request 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. 3.1 Approval of August 9, 2023 Meeting Minutes 4 Recommended Action: Review minutes and consider for approval. 3.2 Written Communications 7 Communication from Commissioner Dean Disharoon requesting an excused absence from the June 14, 2023 Charter Review Commission meeting. Recommended Action: Consider request for excused absence as appropriate. 4.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, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, please submit comments electronically at: www.chulavistaca.gov/boardmeetings. 5.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. 5.1 Review Draft Amendment to Charter Section 303(C) Regarding Timeline to Fill Vacancy By Appointments and Discussion of Next Steps for Recommendation to City Council 8 Review of draft amendment to Charter section 303(C) to extend the time period to fill a vacancy by Council appointment, and discuss next steps associated with making a recommendation to City Council. City of Chula Vista Charter Review Commission November 8, 2023 Agenda Page 2 of 10 5.2 Discussion of Potential Qualification Requirements For City Councilmembers. Discussion regarding potential City Council qualification requirements. OTHER BUSINESS 6.STAFF COMMENTS 7.CHAIR'S COMMENTS 8.COMMISSIONERS' COMMENTS 9.ADJOURNMENT to the regular meeting on February 14, 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 November 8, 2023 Agenda Page 3 of 10 1 REGULAR MEETING OF THE CHARTER REVIEW COMMISSION Meeting Minutes August 9, 2023, 6:00 p.m. City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista Present: Commissioner Buddingh, Commissioner Disharoon, Commissioner Hopida, Commissioner Inzunza, Commissioner Lopez, Chair Scofield Absent: Commissioner Glanz 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 6:01 p.m. 2. ROLL CALL Secretary Cornejo called the roll. 3. CONSENT CALENDAR 3.1 Approval of June 14, 2023 Meeting Minutes Minutes approved. Moved by Commissioner Buddingh Seconded by Victor Lopez Page 4 of 10 City of Chula Vista Charter Review Commission November 8, 2023 Agenda 2 4. PUBLIC COMMENTS Public Comment: John Moot, Chula Vista, emailed in support of proposed changes to Section 504 of City's Charter. Discussion by the Commissioners. Determination by consensus to agendize an item for future discussion: Discussion and consideration of joint meeting with Board of Ethics to discuss issues brought up during public comments. 5. ACTION ITEMS 5.1 Selection of Chair and Vice Chair for Fiscal Year 2023-2024 Motion to nominate Commissioner James Scofield as Chair and Commissioner Jan Buddingh as Vice Chair for fiscal year 2023 -2024. Moved by Commissioner Inzunza Seconded by Commissioner Hopida Result:Carried Unanimously 5.2 Discussion and Action to Appoint A Charter Review Commission Member and Alternate Charter Review Commission Member to Serve on an Interview Panel for Current and Upcoming Vacancies on the Board of Ethics Motion to appoint Commissioner Victor Lopez to serve and Commissioner Dean Disharoon to be an alternate on the Board of Ethics interview panel. Moved by Commissioner Buddingh Seconded by Commissioner Hopida Result:Carried Unanimously 5.3 Discussion of a Qualifications and Vetting Process for Elected Officials Vacancies Motion to recommend an amendment of Charter section 303(C) to increase the time to fill a vacancy by Council appointment to 60. Moved by Commissioner Inzunza Seconded by Commissioner Buddingh Result:Carried Unanimously Page 5 of 10 City of Chula Vista Charter Review Commission November 8, 2023 Agenda 3 5.4 Presentation and Discussion Regarding Rank Choice Voting in Other Jurisdictions Discussion by the Commissioners. There was consensus of the Commissioners to not reagendize this topic. 5.5 Presentation Regarding the Nature of Council District Representation Presentation by Chair Scofield. Discussion by the Commission. There was consensus of the Commissioners to not reagendize this topic. OTHER BUSINESS 6. STAFF COMMENTS Assistant City Attorney McClurg updated Commissioners on our new date for upcoming Council workshop. Secretary Cornejo informed Commissioners of two vacancies on the Board of Ethics. 7. CHAIR'S COMMENTS Chair Scofield suggest that the Board of Ethics Commission should come to the Charter Review Commission to propose a joint meeting if they believe there is a need. 8. COMMISSIONERS' COMMENTS Commissioner Lopez stated this Commission is on the right path. Commissioner Buddingh stated a joint meeting with the Board of Ethics is something the Commission should consider. Commissioner Disharoon acknowledged Commissioner Hopida for 18 years of service to City Commissions. Commissioner Inzunza advocated for ensuring Charter Review Commission agenda topics are within the Commission's purview. 9. ADJOURNMENT The meeting was adjourned at 7:24 p.m. Minutes prepared by: Doris Cornejo, Secretary _________________________ Doris Cornejo, Secretary Page 6 of 10 City of Chula Vista Charter Review Commission November 8, 2023 Agenda Page 7 of 10 City of Chula Vista Charter Review Commission November 8, 2023 Agenda Charter Section 303, Vacancies Page 1 of 3 Latest amendments were approved by the electorate on November 8, 2022. Sec. 303. Vacancies. [Subsections A and B remain unchanged] (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 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 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 sixty day 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. (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). (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 Page 8 of 10 City of Chula Vista Charter Review Commission November 8, 2023 Agenda Charter Section 303, Vacancies Page 2 of 3 Latest amendments were approved by the electorate on November 8, 2022. 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 sixty 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 Page 9 of 10 City of Chula Vista Charter Review Commission November 8, 2023 Agenda Charter Section 303, Vacancies Page 3 of 3 Latest amendments were approved by the electorate on November 8, 2022. 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. 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 the 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 Hosted by Code Publishing Company, A General Code Company. Page 10 of 10 City of Chula Vista Charter Review Commission November 8, 2023 Agenda