Chula Vista City Council
July 12, 2022

Presentation of a Charter Update Proposal for
Council Consideration for Possible Placement on
the November 2022 Ballot

GLEN GOOGINS
City Attorney
July 12, 2022

JAMES SCOFIELD
Charter Review Comm. Chair

MEGAN MCCLURG
Deputy City Attorney
1 Charter Review Commission
 Established by Ordinance in 1990 and codified in Chula Vista Municipal Code Chapter 2.29  Purpose and intent of the City Council in establishing the CRC was for it to serve as a resource to advise and make recommendations to the City Council and the City Manager on issues affecting the provisions of the City Charter (CVMC 2.29.020)
 Commission tasks:
• reviews the organizational framework of City government • helps coordinate citizen and staff ideas with regard to potential Charter changes • formulates language to amend the City Charter to clarify or improve the workings of City government • recommends changes for Council review and determination of whether to place the matter on the ballot • prepares and submits proposed ballot arguments in favor or against proposed Charter changes  Current composition:
• Chair James Scofield, Commissioner Jan Buddingh, Commissioner Larry Disharoon, Commissioner Todd Glanz, Commissioner Edgar Hopida, Commissioner Michael Inzunza, and Commissioner Rachel McDonald-Hernandez 2 The Charter Project
 Ongoing Effort since 2012 to implement a “top to bottom” review of the City’s Charter  Update of Charter Section 1009 Approved by Voters in 2014 to Streamline City Public Works Process  Current Proposal for a Comprehensive Charter Update
• Initiated in 2021
• Builds on work started in 2018
• Solicited input from all City departments
• Ad Hoc Subcommittees
• 9 meetings of the CRC
3 Current Charter Project Goal
 Implement a Comprehensive Charter Update that:
• Corrects Typos, Grammar, and Formatting Errors/Inconsistencies • Improves Readability and Usefulness
• Eliminates Ambiguities
• Addresses Changes in Law Since Last Comprehensive Update in 1978 • Aligns Charter provisions with Modern Best Practices
4 Three Categories of Changes
 Level 1
• Non-substantive; corrections; clarifications; elimination of redundancy; reorganization  Level 2:
• Minimally substantive; reflect changes in law, technology, and best practices; would not alter current City practices or the general intent of existing Charter provisions
 Level 3
• More substantive
• Most derived from previous Council referrals or otherwise recommended by CRC and presented to Council in 2020 5 Level 1 Changes
 Not substantive; corrections; clarifications; elimination of redundancy; reorganization  Reflected throughout the Charter
 Examples:
• moving and consolidating Article III elections provisions to Article IX entitled “Elections” • deleting outdated provisions regarding the creation of and transition to council districts • deleting previously repealed Charter Sections and renumbering accordingly • replacing gender specific references
• adding subheadings to sections with substantial text to make more readable/accessible • adding key defined terms
6 Level 2 Changes
 minimally substantive; reflect changes in law, technology, and best practices; would not substantially alter current City practices or the general intent of existing Charter provisions  Examples:
• makes Council-City Manager form of government explicit [Section 205] • specifies what it means to run again (submit nomination papers) in the context of a previously termed-out candidate [Section 300(E)
• Allows any action taken at a “regular” meeting to also be taken at a “special” meeting [Section 308] • allows City to publish legal notices as permitted by law (instead of always in a newspaper) [Section 313] • section regarding “illegal contracts” references extensive state law in this area [Section 509] • requires Council ratification of temporary department head appointments that exceed one year in duration; temporary appointments for Classified Service positions now allowed for one year [Section 704] • changes the nomenclature for City elections to align with terms used state-wide [throughout] • deletes obsolete Capital Outlays and Department Trust Funds [Old Sections 1013 and 1014] • makes violations of the Charter punishable as infractions or misdemeanors instead of just $50 infractions  Note: Proposed changes to Civil Service rules, although not substantive, are nonetheless subject to “meet and confer obligations with bargaining groups [Section 606 and Article VII] 7 Level 3 Changes

1. Board & Commission Membership Requirement
• Referral from previous Council to Commission
• Changes from qualified elector requirement to residency requirement for most boards and commissions

2. Suspension of Elected Officials with Felony Charges Pending • Recommended by previous CRC in 2020
• Updated to clarify no salary during period of suspension, but maintain health benefits and includes back pay provision

3. City Attorney Residency and Experience Requirements
• Residency requirement recommended by previous CRC in 2020 • Increased experience requirement from seven years practicing law to ten years 8 Level 3 Changes (cont.)

4. Converts Legislative Council Provisions to Conflict Council Provisions • Drafted by the City Attorney
• Maintains an alternative legal advisor to Council when the City Attorney has a conflict of interest but limits to situations where conflict actually exists

5. Mail in Ballot System for Special Elections
• Suggested for consideration by the City Clerk’s Office and recommended by previous CRC in 2020 • Allows use of an all-mail ballot option to fill Council vacancies at special elections 9 Value and Costs of Moving Forward
 Charter Project Purpose/Value:
• Make the Charter easier for constituents, staff, and all to read, understand, and implement • Enhance/clarify City’s “home-rule” authority
• Reduce costs (eliminate of newspaper publication requirements; mail ballot alternative for special elections) • Reduction in staff time in analyzing and interpreting Charter provisions  Costs
• One comprehensive measure, with link to draft on City’s website: $195,000 • Full charter language presented (a) within the general sample ballot - $450,000; or (b) in a separate supplemental booklet - $625,000. Note that option (a) or (b) would be determined by the Registrar of Voters, depending on the available space in the general sample ballot.
• Any additional, shorter measures (6 pages or less): $165,000 10 Ballot Options
 Level 1 and 2 changes may be combined into a single, comprehensive ballot measure [recommended by CRC]
 Some or all Level 3 changes could be combined into the Level 1 and Level 2 comprehensive measure [supported by CRC]; and/or
 One or more Level 3 changes could be presented as separate ballot measures [in Council discretion]
11 Next Steps
 Tonight:
• Questions of staff regarding process and substance of proposed changes • Receive public input
• Provide initial feedback
 July 26th Council Meeting:
• CRC/staff will come back with any requested additional information or Charter changes, including draft ballot language
• Council take such action as it deems appropriate to proceed, or not, with November 2022 ballot measure(s) • Schedule an item for the August 9th City Council meeting if necessary  Prior to August 12th:
• Complete any required meet and confer process
• City Clerk to forward all necessary documents to the County Registrar 12 Questions?
Staff and the CRC Chair are available for questions.
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