HomeMy WebLinkAbout2017-09-07 CRC Workshop Packet
CHARTER REVIEW
COMMISSION
WORKSHOP PACKET
September 7, 2017
Charter Review Commission
Proposed Work Plan
2017-2018
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Charter Review Commission Proposed Work Plan 2017-2018
The Charter Review Commission is established under Chapter 2.29 of the Municipal Code. Its
purpose is to review and recommend Charter changes to the City Council and City Manager.1 Set
forth below is a summary of work the Commission has performed recently, as well as work it
intends to take up during 2017-2018. The Commission welcomes suggestions from the City
Council and desires to know the Council’s priorities.
I. Recent Work
A. Amendments Approved by Voters and Enacted
1. November 2012 - Charter Amendment to Article III, regarding Council Districts and
establishing the powers and duties of the Districting Commission
2. November 2014 – Charter Amendments to Sections 1009 and 1010 – updating
Contracting by Public Works
B. Draft Amendments Prepared But Not Enacted (“On the Shelf” for Future Consideration)
1. City Attorney Qualifications, Powers and Duties (Section 503)2
a. Require the City Attorney to be a resident of Chula Vista (503(new d))
b. Clarify and update powers and duties of City Attorney (503(b))
c. Allow Council flexibility in setting the City Attorney salary (503(c))
d. Increase term limits of City Attorney from two to three
e. Modify the role of the Legislative Counsel (503.1)
2. Council Members, Eligibility and Terms (Section 300)3
a. Delete language that has become superfluous/outdated, since implementation
of District elections (300.A.; 300.E.)
b. Change June Election to “Primary,” and November to “General” (replacing
current “Regular” and “Special” language)
c. Prohibit write-in candidates in the General election, unless only one qualified
candidate (300.A.3.)
d. Revise when oath of office will be administered to allow time for certification
of results (300.B.)
1 A copy of Chula Vista Municipal Code section 2.29, which established and governs the Commission, is attached for
reference as Exhibit 1.
2 A copy of 8/2/16 City Council Staff Report, Section 503, with the Commission’s proposed revisions in
redline/strikeout, and Information Summary Regarding California Elected City Attorneys, is attached as Exhibit 2.
3 A copy of Chula Vista Charter Section 300, which establishes Council Members Eligibility and Terms with the
Commission’s proposed revisions in redline/strikeout, is attached as Exhibit 3.
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e. Clarify language so that one running for office after one year “sit-out” period
has elapsed, may start soliciting campaign contributions at same time as other
candidates (300.C.)
f. Clarify what happens in event of death of candidate (300.G.)
3. City Council Vacancies (Section 303)4
a. Further define what constitutes a Vacancy (303.A.)
b. Delete “Anticipated Vacancies” Section (303.B.)
c. Revise Process for Filling Vacancies [(303.C. (new B.)]
d. Provide for Vote-By-Mail Balloting for unconsolidated special elections (new
303.B.6.)
II. Proposed Future Work
A. Consideration of and Preparation of Potential Additional Charter Amendments
1. Continue a summary review of the Charter to identify potential amendments for
recommendation to the City Council in order to update and improve the Charter. This
will be done in conjunction with City staff based upon input from City staff, the
Commission, the Council and the public
2. Improve communication with the public and gather public input on potential revisions
3. Potential New Amendments Per Commission
a. Potential amendment suspending elected officials for certain events such as felony
indictment
4. Potential New Amendments Per City Staff Input
a. City Council Meetings, and Ordinances and Resolutions (306, 308, and 311):
Revise to update consistent with Current City practices and to remove requirement
to read titles during adoption of Consent Calendar
b. Publication of Notices and Ordinances (312, and 313): Revise to allow for
publication on internet, rather than newspaper
c. Articles IV, V, and I: Update to reflect current organizational structure and
positions, and revise oath language to conform to current legal requirements
d. Article X: Revise to clarify budget adoption process, update to be consistent with
current legal requirements and processes
e. Revise other Articles as needed to change June Election to “Primary,” and
November to “General”
4 A copy of Chula Vista Charter Section 303, which establishes and governs City Council Vacancies with the
Commission’s proposed revisions in redline/strikeout, is attached as Exhibit 4 along with election cost estimates.
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5. Potential New Amendments Per Public Input
a. Section 310: Clarify language regarding who can speak at City Council meetings;
currently states all “citizens” have the right
b. Section 602(d): Change requirement that appointees to boards and commissions
must be “qualified electors”
B. Increase Public Outreach
1. Work with City staff to distribute more Commission-related information to City
residents and to broaden its dissemination.
2. Take steps to solicit more public input regarding potential amendments to the City’s
Charter, including holding Commission meetings in various venues throughout the
City.
Exhibit 1
Chula Vista Municipal Code
(Section 2.29)
Chapter 2.29
CHARTER REVIEW COMMISSION
Sections:
2.29.010 Creation.
2.29.020 Purpose and intent.
2.29.030 Functions and duties.
2.29.040 Membership.
2.29.050 Meeting schedule.
2.29.010 Creation.
There is hereby created a Charter Review Commission. The provisions of Article VI of the City Charter,
Chapter 2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 3, 2011; Ord. 2518 § 2,
1992; Ord. 2400 § 1, 1990).
2.29.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Charter Review Commission to create
an advisory body to serve as a resource to advise and make recommendations to t he City Council and
the City Manager on issues affecting the provisions of the City Charter. The Commission will review the
organizational framework of City government, work to identify language to amend the City Charter to
clarify or improve the workings of the City government, and recommend changes sufficiently in advance
of elections to allow thoughtful City Council review and determination of whether to place the matter on
the ballot. (Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990).
2.29.030 Functions and duties.
The functions and duties of the Charter Review Commission shall be as follows:
A. Constitute a forum for City-wide discussions, research and analysis of matters relating to current or
proposed provisions of the City Charter, and amendments thereto.
B. Help coordinate citizen and staff ideas with regard to potential Charter changes.
C. Formulate specific language for proposed Charter changes to be submitted to the City Council in a
form appropriate for placement on the ballot at an election wherein the proposed Charter changes can be
submitted to the electorate.
D. Provide analyses and reports to the City Council in connection with said recommendations.
E. Prepare and submit proposed ballot arguments in favor of or against proposed Charter changes. (Ord.
3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990).
2.29.040 Membership.
The Commission shall consist of seven voting members, to be appointed in accordance with Article VI of
the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400 § 1,
1990).
2.29.050 Meeting schedule.
A. Regular Meetings. The Commission shall hold regular meetings on the date and at the time as called
by the chair or a majority of the Commission, in the Community Room, located in the Chula Vista Police
Department at 315 Fourth Avenue.
B. Pre-Election Meetings. The Commission shall meet no later than the first Wednesday of the seventh
month preceding the next regularly scheduled municipal election, at which time the Commission shall
assign duties to its members as may be necessary; and consider agenda issues for further deliberation
and discussion by the Commission. If a pre-election meeting is the Commission’s first meeting held during
the City’s fiscal year, it shall constitute a “regular meeting,” as that term is used in CVMC 2.25.180.
C. The Commission may change its regular meeting day, time or location by written resolution in
accordance with CVMC 2.25.200. (Ord. 3211 § 3, 2011; Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990).
Exhibit 2
City Council Staff Report (8/2/16); and
Section 503 with redline revisions
City of Chula Vista
Staff Report
File#:16-0362, Item#: 8.
CITY COUNCIL CONSIDERATION OF CHARTER CHANGES REGARDING THE CITY ATTORNEY
AND LEGISLATIVE COUNSEL RECOMMENDED BY THE CHARTER REVIEW COMMISSION FOR
PLACEMENT ON THE NOVEMBER 2016 BALLOT
RECOMMENDED ACTION
Council consider the Charter Review Commission’s recommendation and take action as appropriate.
SUMMARY
The City’s Charter Review Commission is recommending that sections 503 and 503.1 of the City
Charter be amended to revise certain provisions regarding the elected City Attorney position.The
proposed amendments include requiring that the City Attorney be a City resident,increasing the
number of terms the City Attorney can serve to four,updating the City Attorney’s duties,and revising
certain provisions pertaining to the Office of Legislative Counsel.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project”as defined under Section 15378 of the California Environmental Quality
Act State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3)no environmental
review is required.
Environmental Determination
The Development Services Director has reviewed the proposed activity,Recommendation by the
Charter Review Commission Regarding a Proposed Charter Amendment to Require that the City
Attorney be a City Resident,for compliance with the California Environmental Quality Act (CEQA)
and has determined that the activity is not a “Project”as defined under Section 15378(b)(4)of the
State CEQA Guidelines because it involves only a recommendation that the City Charter be
amended to revise certain provisions relating to the City Attorney and Legislative Counsel,and does
not involve a potential physical change in the environment;therefore,pursuant to Section 15060(c)(3)
of the State CEQA Guidelines the activity is not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
The Charter Review Commission recommends that the City Council take action to place a measure
on the November 8,2016 ballot amending sections 503 and 503.1 of the Charter,as described below
and reflected in Attachment 1 to this report.
DISCUSSION
I.Background
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The City’s Charter Review Commission is an independent City advisory commission.One of its
stated purposes is to,“work to identify language to amend the City Charter to clarify or improve the
workings of the City government.”The Commission recently took up discussions regarding Charter
section 503,“City Attorney;Election,Powers and Duties.”On June 7,2016,the Commission
presented a recommendation that the City Council place a measure on the November 8,2016 ballot,
amending Charter section 503 to require that the City Attorney be a City resident.The City Council
members provided comments during that meeting suggesting that Commission consider whether or
not changes should be made to other elected City Attorney provisions.The Commission has held
three meetings since that time and has prepared a revised recommendation for the Council’s
consideration.The revised recommendation was approved by the Commission 5-1-1 (with member
Ross voting against and member Spethman absent;although member Ross cast the lone dissenting
vote,he was generally in favor of the proposed amendments,with a couple of limited reservations).
The specific amendments proposed are reflected in redline in Attachment 1 to this Staff Report,and
are summarized below.
II.Proposed Amendments
A.City Attorney Powers and Duties [Section 503(b)]
The proposed amendments would clarify and update the specified powers and duties of the
City Attorney to more accurately describe current practices and policies.The only substantive
change would be to require that requests for formal written legal opinions be made by the entire
Council as opposed to each individual Councilperson.(Language authorizing the City Manager and
the Mayor to request written legal opinions remains unchanged,and the City Clerk has been added
to the list.)All changes in this Subsection were initially drafted and proposed by the City Attorney,
but now have the support and recommendation of the Commission.The City Attorney will be
available to present the specifics of these changes and answer any City Council questions at the
Council meeting.
B.City Attorney Salary [Section 503(c)]
The original 2008 Charter provisions for the elected City attorney set the “minimum”salary
based on the median of the city attorney salaries for the six cities closest in population to Chula Vista.
Charter revisions approved in 2012 revised the City Attorney salary to be equivalent to the salary of a
Judge of the Superior Court of California.In reviewing this provision,the Commission considered a
number of possible approaches ranging from “no change”to increasing the percentage of a judge’s
salary,reverting back to the formula in the original elected City Attorney measure,or some other
“market survey”based formula.Ultimately,the Commission concluded that its best recommendation
would be to revise this section to provide that the City Attorney’s salary be determined by the City
Council,to be no less than that of a Judge of the Superior Court of California.The Commission’s
thinking was to return some flexibility to the City Council if it deemed increases in the City Attorney’s
salary appropriate (for example,if and when other City employees were to get increases,to respond
to market trends for municipal attorney salaries generally,and/or to make it more likely that highly
qualified candidates would choose to run for the office).
C.City Attorney Residency [Section 503(d)]
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The proposed imposition of a residency requirement for the City Attorney was what initiated
the Commission’s review of the Charter provisions in this area originally.At the June 7th City Council
meeting,the Commission recommended section 503 be amended to require that the City Attorney be
a resident of the City.At that time,it was the only proposed revision.The Commission revisited that
recommendation in light of the City Council members’comments at the June 7 meeting,by
conducting additional research and engaging in further discussion on the matter.The Commission
concluded that the importance of residency for the elected City Attorney outweighed possible
limitations on the qualified applicant pool.Accordingly,the Commission has reiterated its
recommendation that City residency be required for the elected City Attorney.
D.City Attorney Qualifications [New/renumbered Section 503(e)]
The Commission recommends creating separate subsections for the residency requirement
and other types of qualifications for the City Attorney office.These requirements had been combined
in one section (Section 503(d))and are now presented as Sections 503(d)and (e)respectively.(The
subsections following have been renumbered accordingly).The Commission discussed increasing,
but decided not to change,the requirement that City Attorney candidates be licensed in California for
a minimum of 7 years as an attorney before assuming office.
E.City Attorney Term of Office [Section 503(f)]
The Commission increased the term limit,from that of the Mayor and Council (two),to four
consecutive terms.The Commission believed this increase was appropriate due to the unique
qualifications and experience necessary for the office.
F.Legislative Counsel [Section 503.1]
In 2012 a majority of the City Council proposed the creation of the Office of “Legislative
Counsel.”The primary expressed purpose for this was to give the City Council its own legal advisor
when the elected City Attorney had “conflicts of interest.”Other proposed authority for Legislative
Counsel included advising the City Council on “legislative”matters,advising the Board of Ethics,and
advising the Charter Review Commission.Along with the imposition of term limits,and the reduction
in the City Attorney’s salary,the provision for “Legislative Counsel”was approved by the voters in
2012 and added to the Charter as Charter Section 503.1.An ordinance implementing the creation of
Legislative Counsel was initially approved by the City Council in the fall of 2012.That approval was
subsequently reconsidered and repealed.The City Attorney strongly opposed the creation of
Legislative Counsel in the manner it was proposed as being undermining of the authority of the
elected City Attorney,costly,redundant and confusing.Accordingly,when the City Council referred
back to the Charter Review commission consideration of other elements of the elected City Attorney
position,the City Attorney proposed material changes to the Legislative Counsel provisions in the
Charter.The City Attorney’s proposal eliminates the roles for Legislative Counsel as the Council’s
advisor on “legislative matters”and as the advisor to the BOE and Charter Review Commission.
Legislative Counsel would retain authority to advise the Council when the City Attorney had an actual
conflict,or to advise individual Councilmembers on conflicts of interest that they may or may not
have.There is also a provision for hiring special counsel if both Legislative Counsel and the City
Attorney have conflicts.The Commission agreed with the City Attorney’s revisions and has
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incorporated them into its recommendation.
G.Other Considerations
1.Elected Versus Appointed City Attorney.The Commission discussed this issue as part
of the City Council referral.Most members of the Commission had mixed feelings about whether or
not it was better to have an elected or appointed City Attorney.Their primary concern was making
sure the City Attorney was selected in a way that the City would end up with the most highly
professionally qualified person for the job.There are currently only 11 elected City Attorneys in the
State of California.For reference,there are 482 cities in California.Of the 15 largest cities by
population,which would include Chula Vista,only 6 have elected City Attorneys.The Commission
ultimately decided not to recommend changing back to an appointed City Attorney at this time.This
was primarily based upon the following:Voters only recently changed the requirement to elected and
there are no perceived problems with the elected City Attorney;therefore,there is no reason to argue
to revert to the former process.
2.Vacancy and other issues.The Commission discussed the vacancy subsection and
others issues per the Council’s direction related to the letter from Mr.Ross.The Commission decided
to leave these sections as currently written.
3.Ballot Measure Required.The Commission’s recommendation to amend the Charter
would require a ballot measure.The Commission recommends that it be placed on the November
2016 ballot.If the Council approves the recommendation,City staff would return to the City Council
with a resolution to add the measure to that ballot,direct the City Attorney to prepare an impartial
analysis of the measure and authorize the Mayor to submit ballot arguments in favor of the measure.
Should the Council desire to place this matter on the November 2016 ballot,it would need to be
submitted to the Registrar of Voters by August 12, 2016.
III.Conclusion
The Commission requests that the City Council consider its recommendation and place the
proposed amendments to Charter sections 503 and 503.1,either in whole or in part,on the
November 2016 ballot.If the Council directs staff to place a measure on the November 2016 ballot in
response to this item, staff will return on August 9th with the requisite resolution.
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 Title 2,section
18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal.Gov't Code §87100,
et seq.).
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.
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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.Council’s
consideration of the Charter Review Commission’s recommendation relates to its goal to stay
connected to the community,in that,the Charter Review Commission is made up of residents of the
City.
CURRENT YEAR FISCAL IMPACT
If the City Council determines to proceed with implementing the Charter Review Commission’s
recommendation,it would require a ballot measure be submitted to the electorate to amend the City
Charter.If it were added to the November 2016 ballot,the estimated cost would be approximately
$50,000.
ONGOING FISCAL IMPACT
There is no anticipated ongoing fiscal impact associated with this item.
ATTACHMENTS
Attachment 1: Proposed amendments to City Charter sections 503 and 503.1
Staff Contact: Jill Maland, Assistant City Attorney
(Prepared with input from the Charter Review Commission Subcommittee,Carra Rhamy,Tom
O’Donnell, and Randy Bellamy)
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Chula Vista Charter
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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, 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 City
Council or the City Manager, the City Clerk or any other officer, 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; 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 ofOversee the preparation of all contracts made by and all bonds given to the City,
endorsing approval thereonand approve the form of same in writing.
(5) Oversee the preparation ofPrepare any and all proposed ordinances or resolutions fo r the City, and approve
the form of same in writingamendments thereto;
(6) Prosecute, if so directed by ordinance of the City Council, in his or her professional discretion, all offenses
against the ordinances of the City and for such offenses against the laws of the State as may be authorized or
required by law,; and the City Attorney shall also have concurrent jurisdiction with the District Attorney of the
County of San Diego to prosecute persons charged with or guilty of the vio lation 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 (a), 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 (b) 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 theThe City Attorney , at his or her request, to may employ special legal counsel, . and/or
he or she shall have the power to appoint appraisers, engineers and or 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
or appropriate, 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 or shethe
City Attorney 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/employee may be authorized to 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 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 determined by the City Council and shall be no less thanequivalent 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 an allowance of a sum certain per month, as reimbursement for
Chula Vista Charter
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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 City Attorney shall be in the Unclassified Service.
(d) Residency Requirements for the Qualifications of City Attorney. The residency requirements for the shall be the
same as the residency requirements for the Mayor, as set forth in section 300.A.1. of this Charter.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 California resident, 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.
(e) Qualification Requirements for the City Attorney. The City Attorney shall be 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.
(f) Term of Office of the City Attorney. The City Attorney shall be elected to a nominal term of four years , which
term shall commence upon the taking of the oath of office and shall commence on the first Tuesday of December of
the year of the election, and shall continue until a successor qualifies. . The oath of office shall be administered at, or
immediately prior to, the first City 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 City Attorney. The
City Attorney shall be subject to the same limits on terms of service as are applicable to the Mayor and City Council
under Section 300(C).
(fg) 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.C.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.
(gh) 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 City, State 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 an y 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.
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(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.
(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
regarding its legislative duties. Legislative Counsel shall neither oppose nor urge enactment of any legislation.
(c) Legislative Counsel may also advise the Council regarding conflicts of interest involving the City Attorney, and
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.
(d) Legislative Counsel may further advise the Council or the City’s Board of Ethics concerning the City’s Code of
Ethics and alleged violations thereof and further may advise the City’s Charter Review Commission. Legislative
Counsel may also provide such other assistance to the Board of Ethics in investigating or assisting the Board in the
conduct of hearings, including the hiring of special counsel to the Board.
(ec) The Council may further provide by ordinance that the advice of the Legislative Counsel on the matters set for th
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 the prevention or resolution of conflicts and/or disputes between the City Attorney and
Legislative Counsel.
Exhibit 3
Council Members, Eligibility & Terms
(Section 300); and Information Summary re:
Elected City Attorneys
Chula Vista Municipal Code
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The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017.
Sec. 300. Members, Eligibility and Terms.
A. 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.
1. The Mayor shall be elected from the City at large. No person shall be eligible to hold the office of Mayor, or
to be elected or appointed to the office of Mayor, unless such person is a resident and registered voter of the
City or territory annexed to the City. To be eligible to seek election , or appointment, to the office of Mayor, a
person must be a resident and registered voter of the City or territory annexed to the City at the time of filing
the nomination papers for such office.
2. Each of the four Councilmembers shall be elected by district in the manner provided in paragraph (3) below.
To be eligible to seek election, or appointment, to the office of Councilmember, a person must be a registered
voter of the City or territory annexed to the City and resident of the Council district which that person seeks to
represent at the time of filing the nomination papers for such office, or at the time of appointment to such
office, respectively. No person shall be eligible to hold the office of Councilmember unless that person is a
registered voter of the City or territory annexed to the City and resident of the Council district which that
Councilmember represents.
3. In the generalprimary municipal election, the voters in each district from which a Councilmember is to be
elected shall be entitled to vote for one (1) candidate from their district .; and the two (2) candidates for
Councilmember in each district receiving the highest and second The two candidates receiving the highest
number of votes cast by the voters of their district shall be the candidates in a generalrun-off election to be held
on the same date as the statewide election date in November immediately following the primarygeneral
municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of
November of each even numbered year). If only two qualified candidates from a Council district file
nomination papers to participate in the generalprimary municipal election in that district, no generalprimary
election shall be held and the two candidates shall be the candidates at the run-offgeneral election for the office
of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the
highest number of votes in the generalprimary municipal election, all such candidates shall appear on the
run-offgeneral election ballot and no candidate(s) receiving the second -highest number of votes shall appear on
the run-offgeneral election ballot. If one candidate from a district receives the highest number of votes and two
or more candidates from the same district tie in the receipt of the second-highest number of votes, all such
candidates shall appear on the run-offgeneral election ballot. In the event a primary election is held, write -in
candidates shall be permitted.
In the run-offgeneral election, the voters in each district from which a Councilmember is to be elected shall be
entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the
candidate for Councilmember from each district receiving the highest number of vo tes cast shall be elected.
Write-in candidates shall not be permitted in the general election when there are two or more qualified
candidates from a district, or for the office of Mayor; write -in candidates shall be permitted when there are less
than two qualified candidates from a district, or for the office of Mayor.
4. Notwithstanding any other provision in this Section 300 or Section 300.5, t he mandatory run-off election
requirement in subparagraph 300.A.3., above, shall take effect in 2014. Notwithstanding that the mandatory
run-off elections shall commence in 2014, the transition to by -district elections for Councilmembers shall not
commence until 2016 as provided in Section 300.5. Until the 2016 general municipal election, Councilmembers
shall continue to be elected at large.
B. The term of each member of the City Council shall be for a nominal term of four years and shall commence upon
the member’s taking of the oath of office. on the first Tuesday of December of the year of the election, and shall
continue until a qualified successor takes the oath of office. The oath of office shall be administered at the first City
Council meeting held following the Friday after which the official election results are certified. The member’s term
shall continue until a qualified successor takes the oath of office, or until the member vacates the seat, whichever
occurs first.Notwithstanding the foregoing, if the official results for the election of the office of Mayor or the office
of Councilmember are not certified before the first Tuesday in December, the term for the Mayor or
Councilmember(s) elected at such election shall be deemed to commence upon taking the oath of office, which shall
be given at the first scheduled City Council meeting following certification of the election results.
Chula Vista Municipal Code
Page 2/2
The Chula Vista Municipal Code is current through Ordinance 3407, passed July 11, 2017.
C. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more
than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive
terms or the office of Mayor for two (2) consecutive terms, may appear on the ballot foragain seek nomination and
election to said offices of Council or Mayor respectively until a period of one (1) year from the termination of the
second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the
Council to fill the office of Councilmember or Mayor may not appear on the ballot forseek 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 (2) full terms thereafter. Any
person elected in a special election for the balance of a regular term of Mayor and/or Councilmember for a period of
two (2) years or less may seek nomination and election for two (2) full terms thereafter.
D. Each Council district shall be numbered one (1) through four (4) respectively. Any person running for the office
of Councilmember shall designate, as the office for which such person seeks election, one of the numbered Council
districts as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should
a vacancy occur at any time in any Council district, if said vacancy is to be filled by a special election as provided in
Section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered district
on their nominating papers.
E. Any person to be elected at a general municipal election for the office of Mayor for which nomination papers
have been filed shall be deemed elected upon receipt of a majority of the votes cast for the office of Mayor at the
election. If no candidate at such general municipal election receives a majority of the votes cast, there shall be a
special runoff election, to be held on the same date as the statewide election date in November immediately
following the general municipal election (if no statewide election is conducted, then on the first Tuesday after the
first Monday of November of each even-numbered year), between the two candidates receiving the highest and
second highest number of votes in the general municipal election for the office of Mayor, in order to determine the
winner. By way of clarification, ties among the candidates receiving the two highest number of votes at the general
municipal election shall be resolved by a special run-off election. Beginning in 2014, the elections for the office of
Mayor shall be held in the same manner as provided in Section 300.A., provided, howe ver, that voters of the City
at-large shall be entitled to vote in such elections.
F. Vacancies and elections to fill vacancies for the office of Councilmember or the office of Mayor, shall be
determined in accordance with Section 303.C.2.
GF. If one of the two eligible candidates dies on or before the ninetieth day prior to a general, or special run-off,
election required under this Section or Section 303.C.2., his or her name shall not be placed on the ballot. The
candidate receiving the third highest number of votes in the primary or specialgeneral municipal election for the
office of Councilmember or the office of Mayor shall be offered by the City Clerk, the opportunity to be placed on
the ballot in lieu of the deceased. The City Clerk shall make the offer in writing immediately upon notification of the
death. The candidate shall accept or reject in writing to the Clerk within five calendar days of receipt of the City
Clerk’s delivering the offer. If the offer is accepted, the special run-off election between the remaining candidate and
the candidate receiving the third highest number shall be the only candidates in the general, or special run-off,
election held. If rejected, there shall be no run-off election, and the remaining candidate shall be the only candidate
in the general, or special run-off, electiondeemed elected as of the date of such death.
HG. Any person to be elected at a special run-offfeneral election required under this Section shall be deemed elected
upon receipt of the highest number of votes for the particular office of Councilmember or the office of Mayor and
shall be seated upon taking the oath of office. Ties at such special run-off election shall be resolved by lot.
INFORMATION SUMMARY REGARDING CALIFORNIA ELECTED CITY ATTORNEYS*
AUGUST 30, 2017
NO. CITY RESIDENCY
REQUIREMENT
TERM LIMITS SALARY POPULATION NOTES
1. Albany
Was required at
time of issuance of
nomination papers
(election) or
assuming office
(appointment)
No term limit Not known 19,688 Albany no longer has an elected City attorney
Electorate voted in 2010 to go back to appointed City
attorney
Reasons cited in Arguments for Measure in favor of
appointed City attorney:
o Widens Albany’s pool of legal expertise
o More rigorous selection process
o Decreases conflicts of interest
o Brings legal costs under tighter control
2. Chula Vista No
Yes: two, 4-year
terms
(Charter Art. V,
§503)
Equivalent to
salary of judge of
Superior Court
(Charter Art. V,
§503)
267,172
3. Compton Yes: 30 days prior
to issuance of
nomination papers
(election) or
assuming office
(appointment)
(Charter Art V.,
§503)
No term limit,
each term is 4
years
Set by ordinance;
Cannot be
changed during
term (Charter Art.
V, §504)
97,550
4. Huntington
Beach
Yes: At time of
issuance of
nomination papers
(election) or
assuming office
(appointment) (City
Code §2.04.030)
Yes: two, 4-year
terms
Not specified 200,652
5. Long Beach Yes: At time of
issuance of
nomination papers
(election) or
assuming office
(appointment)
(Charter Art. V,
§502)
Yes: two, 4-year
terms
Set by resolution
(Charter Art. V,
§503)
470,130
6. Los Angeles Yes: 30 days prior
to issuance of
nomination papers
(election) or
assuming office
(appointment)
(Charter Art. IV,
§407)
Yes: two, 4-year
terms (Charter
Art. II, §206)
20% more than
City Council
member; City
Council members
are paid same
salary as Los
Angeles Municipal
Court judges
(Charter §218)
3,976,322
7. Oakland Yes: 30 days
[Charter Art. IV,
§401(2)]
No term limit Set by Charter at
“not less than 70%
nor more than
90% of the
average salaries of
the City Attorneys
of California cities
within the three
immediate higher
and the three
immediate lower
cities in
population to
Oakland”
[Charter Art. IV,
§401(1)]
420,005 Attempted to go back to appointed in 2011 election;
didn’t pass
*All cities listed are chartered cities. There is a total of 482 cities in California; 121 chartered and 361 general law.
8. Redondo
Beach
Yes: 30 days prior
to issuance of
nomination papers
(election) or
assuming office
(appointment)
(Charter Art. X,
§10.3)
No term limit Set by ordinance;
Cannot be
changed during
term (Charter Art.
X, §10.1)
67,867
9. San
Bernardino
Yes: 30 days prior
to issuance of
nomination papers
(election) or
assuming office
(appointment)
(Charter Art. V,
§55)
At will once
appointed
official is
assigned
Set by Council, but
not less than
$7,500/year(Chart
er Art. V, §55)
216,239
Electorate voted to go back to appointed City attorney
The current elected City Attorney will finish his term
in 2020, after which the City Attorney will be
appointed
10. San Diego Yes (Charter Art. II,
§7)
Yes, two 4-year
terms
(Charter Art V,
§40)
Set by Council, but
no less than
$15,000/year;
can’t be
decreased during
term (Charter Art
V, §40)
1,406,630
11. San Francisco Yes (Charter Art.
XIII, §13.106)
No term limit Set by Civil Service
Commission,
based on salary
survey (Charter,
Appendix A,
A8.409-1)
870,887
12. San Rafael Yes: 1 year prior to
election (Charter
Art. VI, §8)
No term limit,
each term is 4
years
Set by resolution
(Code Title 2,
§2.08.160)
58,954
Exhibit 4
City Council Vacancies (Section 303);
and Election Cost Estimates
Sec. 303. Vacancies.
A. Definition ofWhen a Vacancy Occurs; Granting Permission for Absences.
1. Definition of Vacancy. A vacancy on the City Council is deemed to occur in each of
the following instances, and is effective on the corresponding date indicated:
Occurrence of Vacancy Vacancy Effective Date
A member is absent from four consecutive
regular meetings of the City Council,
scheduled and held, without obtaining excuse
for such absences pursuant to section 303.A.2.,
below
The date of the member’s last unexcused
absence
A member is convicted of a felony or crime
involving moral turpitude
The date of the conviction
A member submits a letter of resignation to the
City Clerk
The effective date of the resignation, as set
forth in such letter of resignation, or if no date
is specified, the date it is submitted to the City
Clerk
The election of a member to another office
requiring the surrender of the member’s current
seat
The earlier of the date on which the member is:
sworn into another office, or the election
results are certified, or the City Council
declares the seat vacant
A member ceases to be a resident of City, or of
the District which the member represents
The earlier of the date which the member
provides to the City Council or City Clerk as
the last date of residency; or the date which a
court of competent jurisdiction determines the
member’s residency ended
The City Council may identify additional occurrences of vacancy by ordinance.
If a member of the City Council is absent from four (4) consecutive regular meetings of
the City Council scheduled and held, unless by permission of the City Council expressed in its
official minutes contemporaneously with such absences or sooner, or is convicted of a felony or
crime involving moral turpitude, or submits a letter of resignation to the City Clerk, or because
of the election of the current office holder to another seat on the City Council, or other office
requiring the surrender of the City office seat, the office shall become vacant as of the date of the
last absence (in the case of four unexcused, consecutive absences from regular City Council
meetings), the date of such conviction (in the case of conviction of a felony or crime involving
moral turpitude), the effective date of resignation as set forth in such letter of resignation , or the
date on which the current office holder is sworn into another office (in the case of an election to
another office), as applicable. The City Council shall declare the existence of any vacancy or
anticipated vacancy as soon as practicable.
2. Excusing Absences. A Councilmember may request that the City Council excuse the
member’s absence from a City Council meeting. The requestpermission of the Council shall be
granted for any temporary illness of the requesting Councilmember disabling him or her from
attendance at such meeting and may be granted in other instances, on a majority vote of the City
Council. The granting of any such request shall be expressed in the City Council’s official
minutes of the meeting at which the request is granted. The City Council shall declare the
existence of any vacancy or anticipated 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 either the election of the current office holder to another seat on the Council or other
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 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 hereinabove provided in paragraph B, tIn the event of vacancy,
the City Council shall fill such vacancy by election or appointment as set forth herein.
1. Vacancy with Less Than One Year Remaining in Term. If a vacancy is declared by
the Council with one (1) year or less remaining in the term from the date of
declaration, the Council shall within 45 days appoint a person to fill the vacant seat on
the City Council.
In the event the Council shall make such an appointment, such an appointee office
holder shall be entitled to hold office until a successor subsequently qualifies at the
expiration of the remaining Council or Mayoral term.
If the Council is unable to make an appointment, the Council’s power to appoint a
person to fill the vacancy within 45 days of declaration of vacancy, the Council’s
power to appoint is thereby terminated for the duration of such minimal remaining
term and the seat will remain vacant. The Council shall use good faith and best efforts
to reach agreement on such an appointment. If the Council is unable to make an
appointment during the allotted time, the Council’s power to appoint is terminated.
23. Vacancy with 25 Months or More Remaining in Term. If a vacancy declared by
the Council occurs with 25 months or more remaining in the term from the date of
said declaration, the Council shall call a special election. The special election shall be
held on the earliest Established Election Date (“EED”), as specified in the California
Elections Code, on which it is practicable to hold such special election. If the City
Council determines that the time between the vacancy and such EED is excessive, the
City Council may determine to hold the election on an earlier date, after consultation
with the Registrar of Voters. If there is a federal, state, or local election scheduled to
be held on such EED, the election shall be consolidated with that election.
Notwithstanding the foregoing, the City Council may opt to conduct an all vote-by-
mail (“All VBM”) ballot election pursuant to section 303.B.6., below. to be held on
the next established election date, as specified in the Elections Code of the State of
California, 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. Majority of Votes Cast for One Candidate. In the special election, the voters in
the district for which a vacancy shall be filled shall be entitled to vote for one (1)
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 Section 300.A.3.
b. Majority of Votes Not Cast for One Candidate. 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
nextearliest EED on which it is practicable to hold such special election. If the
City Council determines by majority vote that the time between the vacancy and
such EED is excessive, the City Council may determine to hold the election on
an earlier date, after consultation with the Registrar of Voters. established
election date, as specified in the Elections Code, If there is a federal, state, or
local election scheduled to be held on that established election date, 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 shall consolidate the special run-off election with
that election, as provided by the Elections Code. The two (2) 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, except in the
event of a tie. and the name of only those two (2) candidates shall be printed on
the ballot for that seat.Ties shall be resolved in the manner provided in Section
300.A.3. No “write-in” candidates shall be allowed.
c. Mayoral Vacancy. A vacancy in the office of Mayor shall be filled in the same
manner as provided in subparagraphs a., and b., above, except that the voters of
the City at-large shall be entitled to vote.
32. Vacancies with More Than One Year, but Less than 25 Months. If a vacancy is
declared by the Council with more than one year but less than 25 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 subsection BC.1., above, or call a
special election to fill the vacancy, pursuant to subsection BC.2., above. The matter
shall be placed on the agenda for the City Council’s consideration at the next City
Council meeting following the City Council’s declaration of vacancy. 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 todoes not fill the vacancy by appointment and is unable to
make an appointment within 6045 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 section 303.BC.32., belowabove.
4. Majority of Council Members Cannot be Appointed. Notwithstanding any other
provision in this Section 303.BC to the contrary, 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 25 months, the
Council shall call a special election to fill the office in accordance with section
303.BC.23.
5. Appointee One-Year Waiting Period. As provided in Section 300.C, any person
who is appointed by the Council to fill the office of Councilmember or Mayor 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 (2) full terms
thereafter.
6. All Vote-By-Mail Balloting. Notwithstanding any other provision in this Section
303.B to the contrary, if a City Council or Mayoral vacancy 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, upon a majority vote, allow such election to be
conducted using an All VBM ballot. The All VBM ballot election shall be conducted
in accordance with applicable City ordinances. The City Council shall adopt an
ordinance governing the manner in which All VBM ballot elections are to be
conducted, prior to holding the first All VBM ballot election. If the City Council
determines to hold the special election utilizing an All VBM ballot election, the “next
EED” referenced in section B.3., above, shall mean the next established mail election
date, as set forth in the California Elections Code.
From: Kerry Bigelow
Sent: Tuesday, August 29, 2017 4:35 PM
To: Jill Maland <JMaland@chulavistaca.gov>
Subject: FW: Estimates for City of Chula Vista
Hi Jill,
Please see the ROV’s estimates below. I highlighted in yellow the estimates for special elections
(polls and mail) for a candidate and in blue the estimates for special elections (polls and mail) for
mayor.
You and Mr. Ross may already have background from Donna on why the estimate range is so large.
If I can explain further or request additional information from the ROV, please let me know.
Sincerely,
Kerry
Kerry Bigelow | Acting City Clerk
(619) 407-3590 | kbigelow@chulavistaca.gov
Please note that email correspondence with the City of Chula Vista, along with attachments, may be subject to the California
Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
From: Lau, Liliana [mailto:Liliana.Lau@sdcounty.ca.gov]
Sent: Tuesday, August 29, 2017 2:28 PM
To: Kerry Bigelow <KBigelow@chulavistaca.gov>
Subject: RE: Estimates for City of Chula Vista
Hi Kerry,
Please see my responses in red below. Let me know if you need additional information.
Thanks,
Liliana
From: Kerry Bigelow [mailto:KBigelow@chulavistaca.gov]
Sent: Wednesday, August 23, 2017 1:41 PM
To: Lau, Liliana
Subject: FW: Estimates for City of Chula Vista
Hi Liliana,
I believe that Jennifer Uebbing has retired and you have assumed her position. If I should direct this
elsewhere, please let me know!
I’m looking for updates to a few estimates she has provided us in the past. I’ve forwarded the emails
below, in case that helps with context.
Can you please provide the following estimates:
1. Consolidated elections for Councilmember in District 1 (or whichever district has the highest
number of registered voters, if it is no longer District 1) with 5 candidates in June and 2
candidates in November. (Please use the presidential cycle.)
The preliminary cost projection for:
June: $10K – $35K
November: $5K - $30K
This amount may change due to the uncertainty at this time of the contests that will ultimately
appear on the ballot. Because election costs are shared among participants in a consolidated
election, we do not have sufficient information of all the jurisdictions who will be participating at
this time. Costs incurred during a regular consolidated election are shared by the jurisdictions
through the use of a weighted average method. Costs are attributed to each jurisdiction based on
the number of contests, the number of registered voters, and the number of sample ballot
pages. The actual costs are likely to vary depending on how many jurisdictions participate during
the regular consolidated election.
2. Consolidated elections for Councilmember in Mayor with 5 candidates in June and 2
candidates in November. (Please use the presidential cycle.)
The preliminary cost projection for:
June: $50K - $90K
November: $40K - $80K
This amount may change due to the uncertainty at this time of the contests that will ultimately
appear on the ballot. Because election costs are shared among participants in a consolidated
election, we do not have sufficient information of all the jurisdictions who will be participating at
this time. Costs incurred during a regular consolidated election are shared by the jurisdictions
through the use of a weighted average method. Costs are attributed to each jurisdiction based on
the number of contests, the number of registered voters, and the number of sample ballot
pages. The actual costs are likely to vary depending on how many jurisdictions participate during
the regular consolidated election.
3. Consolidated elections for Ballot Measure in June and November. (Please use the
presidential cycle.)
The preliminary cost projection based on 12 page measure for:
June: $80K - $120K
November: $70K – $110K
This amount may change due to the uncertainty at this time of the contests that will ultimately
appear on the ballot. Because election costs are shared among participants in a consolidated
election, we do not have sufficient information of all the jurisdictions who will be participating at
this time. Costs incurred during a regular consolidated election are shared by the jurisdictions
through the use of a weighted average method. Costs are attributed to each jurisdiction based on
the number of contests, the number of registered voters, and the number of sample ballot
pages. The actual costs are likely to vary depending on how many jurisdictions participate during
the regular consolidated election.
5. Special, stand alone, VBM and Polls elections for Councilmember in District 1 (or whichever
district has the highest number of registered voters, if it is no longer District 1) – assuming 5
candidates.
For question 5:
The City of Chula Vista requested cost projection for a special election in 2018. The assumptions that
were used to develop the cost projections are:
Number of registered voters as of 8/04/17: 36,586;
Estimating a 16-page sample ballot pamphlet which includes ballot facsimile, voter instructions,
ballot measure, and possible filler pages;
Election material will be translated into Chinese, Spanish, Filipino, and Vietnamese per our
Federal Language requirement;
Higher labor costs;
For a polls special election, four poll workers at each site; and
The cost projection does not include a Vote-by-Mail Drop-Off Program.
There are several items that are not included in the cost projections because we can’t determine how
they will impact the costs:
Conditional Election Day Registration will be implemented in 2017 since the state-wide voter
database (Vote Cal) was certified in September 2016.
Based on the above assumptions, the preliminary cost projection is:
Standard Poll Sites and Vote-by-Mail Election: $350K - $600K.
Vote-by Mail Election: $250K-$500K There is no current data on the cost of a special VBM
election.
4. Special, stand alone, VBM and Polls elections for Mayor – citywide, assuming 5 candidates
6. Special, stand alone, VBM and Polls elections for Ballot Measure.
For questions 4 and 6:
The City of Chula Vista requested cost projection for a special election in 2018. The assumptions that
were used to develop the cost projections are:
Number of registered voters as of 8/04/17: 129,799;
Estimating a 16-page sample ballot pamphlet which includes ballot facsimile, voter instructions,
ballot measure, and possible filler pages;
Election material will be translated into Chinese, Spanish, Filipino, and Vietnamese per our
Federal Language requirement;
Higher labor costs;
For a polls special election, four poll workers at each site; and
The cost projection does not include a Vote-by-Mail Drop-Off Program.
There are several items that are not included in the cost projections because we can’t determine how
they will impact the costs:
Conditional Election Day Registration will be implemented in 2017 since the state-wide voter
database (Vote Cal) was certified in September 2016.
Based on the above assumptions, the preliminary cost projection is:
Standard Poll Sites and Vote-by-Mail Election: $900K - $1.3M
Vote-by Mail Election: $700K - $1.1M. There is no current data on the cost of a special VBM
election.
For comparison, I am providing you with the costs based on a past special election. The cost was
$651,618 for a standard poll sites and vote-by-mail election that was conducted in February 2016 for the
City of Carlsbad, which had 63,265 registered voters.
There are factors that can affect costs if a special election takes place. If any type of special election is
called, we can initiate a cost projection. Without the specificity required, there is too broad of a cost
range to make an appropriate projection. Once a special election is called, if you have additional
information that may affect the cost projection, please let us know at that time.
If it would be at all possible to get this information by the end of the week or Monday/Tues of next
week, it would be much appreciated! Our Charter Review Commission will be meeting with our City
Council and would like to consider VBM in Chula Vista.
Thank you in advance for your assistance!
Sincerely,
Kerry
Kerry Bigelow, MPA, MMC | Acting City Clerk
(619) 407-3590 | kbigelow@chulavistaca.gov
Please note that email correspondence with the City of Chula Vista, along with attachments, may be subject to the California
Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.