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REPORT FROM THE DISTRICTING COMMISSION
A. RESOLUTION NO. 2015-015 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF A NEW COMMISSIONER TO FILL A VACANCY ON THE DISTRICTING COMMISSION
B. RESOLUTION NO. 2015-016 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED DISTRICTING COMMISSION BUDGET, AND APPROPRIATING FUNDS, ACCORDINGLY (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolutions.
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SUMMARY
The Districting Commission consists of seven members. One of those members, Patricia Chavez, recently resigned. Pursuant to the City Charter, the Districting Commission has selected an applicant to fill the vacant seat. The Commission's recommendation is presented to the City Council for final approval.
In addition, the Commission has prepared a proposed budget and is requesting that the Council approve the budget and appropriate the necessary funds.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the contemplated action is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
The Districting Commission recommends that the City approve the appointment of Bernardo Vasquez to the Commission, approve the Commission's proposed budget, and appropriate the necessary funds, as reflected in that budget. Commission Chairman, Jerome Torres, will be in attendance at the City Council meeting to speak to these matters on behalf of the Commission.
DISCUSSION
Commissioner Appointment
The City Charter was amended in 2012 to provide that the City Council members would be elected by-district, rather than at-large, beginning with the 2016 election cycle. The Charter required the formation of a Districting Commission to prepare a Districting Plan establishing the Districts. The initial Districting Commission members were selected pursuant to the procedures set forth in Section 300.5 and Chula Vista Municipal Code section 2.51. The process for selection began with the solicitation of applications in early 2014. The City received 25 applications which met the minimum qualifications. The Charter Review Commission ("CRC") performed the task of selecting the ten most qualified applicants, after reviewed the applications, considering input from the public and City staff and interviewing applicants. The City Clerk then randomly selected four candidates from the pool of ten: Rita Buencamino-Andrews, Dr. John Korey, Reymond Monzon and William Richter, who were sworn-in as the first Districting Commission members.
The initial members then selected the three additional members of the Commission, pursuant to Charter Section 300.5.D.3:
"Three Commission Members shall be selected by the randomly selected Commission Members from the pool of eligible applicants, subject to approval by the City Council. The goal of such selections shall be to ensure that, to the extent possible and as permitted by law, the Commission includes:
a. Women and men who reflect the racial, ethnic, and geographic diversity of the City;
b. Persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence;
c. Persons who have demonstrated the ability to serve impartially in a nonpartisan role;
d. Persons who have experience in the areas of public communication and/or public outreach in the City; and
e. Persons who have experience in civic and/or volunteer activities in the City.
The City Council shall approve nominees for selection to the Commission unless the City Council finds by at least four (4) affirmative votes that the approval of one or more of the nominees would be inconsistent with this goal. In such case, the City Council shall approve for selection to the Commission one or more persons from the remaining pool of eligible applicants."
Accordingly, the Commission selected the following three members: Patricia Chavez, Cheryl Goddard and Jerome Torres. All three selected were approved by the City Council. The Commission commenced its work in August and has been meeting monthly since that time.
On December 8, 2014, Patricia Chavez resigned from the Commission, by letter to Commissioner Torres. The resignation letter was submitted to the Council for acceptance. The Charter provides that the vacancy shall be filled using the same process as was used for selecting the final three members (set forth above). Thus, the Commission was tasked with selecting another member from the original pool of ten. There were three applicants remaining in that pool: Edna Concepcion, Lillian Uy and Bernardo Vasquez. Ms. Concepcion and Ms. Uy both removed themselves from consideration. Accordingly, the Commission met on January 21st and considered the qualifications of Mr. Vasquez. The Commission voted 6-0 to recommend that Mr. Vasquez be appointed to serve on the Commission. The Commission now requests that the City Council approve Mr. Vasquez's appointment. Mr. Vasquez's application is provided as Attachment 1 to this Staff Report.
Budget
In its 2014-15 adopted budget, the City Council allocated $75,000 to be used by the Commission. The Commission has determined that additional funds will be needed to complete its work. The Commission prepared a draft proposed budget indicating both "hard costs" and "in-kind" services that it anticipates will be necessary. That proposed budget was adopted by the Commission at its November 10, 2014 meeting, with direction to staff to amend it as necessary after selection of the consultant. The Commission submitted that budget to the City Council for approval on December 16, 2014. The Council voted 3-1 to approve the budget. However, approval required at least four votes. The Council suggested that the Commission return to the Council after the Council vacancy was filled, so that the full Council could consider the proposed budget. Accordingly, the Commission is again seeking approval of its proposed budget.
The attached proposed budget reflects "Hard Costs" for fiscal year 2015 in the amount of $120,500. This is $45,500 over the $75,000 allocated in the 2015 budget. The hard costs include $68,000 for the Q2 contract, as well as additional staff costs, video recording, advertising and printing costs, and miscellaneous supplies and services. The Commission and staff are in the process of developing the specific public outreach plan, retaining a public outreach consultant, and identifying the types of services and tools that will be necessary for its work, such as translation services, and various public outreach tools. The retention of Q2 will be key to developing the overall work plan and identifying related costs.
Subsequent to the Commission's adoption of the proposed budget, it selected a public outreach consultant for retention by the City. The estimated budget for that consultant was $30,000; the proposal for the preferred consultant came in at roughly $41,000. Staff will be engaging in contract negotiations with that consultant and the final contract amount is subject to change based on those negotiations. In light of these negotiations, the fact that this is the first time the City has undertaken districting efforts, and in order to prepare for variations in cost estimates, staff would recommend that the City Council allocate $10,000 in contingency funds to ensure that the Commission has sufficient funds to complete its work. Although this was not in the Districting Commission proposed budget, we have notified Chairman Torres of this recommendation. Accordingly, an appropriation of $55,500 is being recommended.
This budget appropriation request was originally submitted to the Council at the December 16, 2014 City Council meeting. The City Council vote was 3-1 and, therefore, the budget appropriation did not pass. The Districting Commission met considered its proposed budget and the Council action at its January 21, 2015 meeting. The Commission formed a subcommittee to write a letter to the City Council providing additional information supporting its budget request. That letter is provided as Attachment 3 to this report. In addition, the Commission authorized Chairman Torres to address the Council on this matter, on behalf of the Commission.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18705.2(a)(11), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council Member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action is the next step in implementing the voter-approved district election system for City Council members. Doing so will further the City's efforts toward its goal of a Connected Community, by implementing the will of the voters, and allowing the residents of each district to elect a City Council member from their own district.
CURRENT YEAR FISCAL IMPACT
There is a current year general fund fiscal impact of $55,500. This amount is in addition to the $75,000 already allocated. These amounts will cover the estimated costs of consultants, services and supplies, including videotaping meetings, and publication and printing costs, staff costs and contingencies which may arise as the work is carried out.
ONGOING FISCAL IMPACT
The requested funding for fiscal year 2016 of $1,400 for staff time and services and supplies for the Commission to complete its work will be included in the proposed budget. This work will be done by December 2015, so there is no ongoing fiscal impact beyond 2016.
ATTACHMENTS
Attachment 1: Application of Bernardo Vasquez
Attachment 2: Districting Commission Proposed Budget, and Resolution Adopting Same
Attachment 3: Letter from Districting Commission to City Council Regarding Proposed Commission Budget
Staff Contact: Jill Maland