HomeMy WebLinkAboutOrd 2020-3487ORDINANCE NO. 3487
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 2.51, “DISTRICTING COMMISSION,” TO CHANGE
THE NAME OF THE COMMISSION TO THE
“REDISTRICTING COMMISSION,” MODERNIZE
LANGUAGE, AND SET THE TARGET ADOPTION DATE OF
THE FINAL DISTRICTING PLAN TO IMPLEMENT NEW
DISTRICTS IN THE ELECTION YEAR FOLLOWING THE
RELEASE OF THE FEDERAL DECENNIAL CENSUS
RESULTS
WHEREAS, the City Charter was amended in 2012 to provide for election of City Council
members by district and provides for a Districting Commission, which is responsible for
recommending to the City Council the Council district boundaries following each Federal
Decennial Census; and
WHEREAS, the redistricting timeline established in the Charter could result in new
Council district boundaries being implemented in the 2022 or 2024 election years; and
WHEREAS, to timely revise district boundaries to reflect current population and
community of interest data, the City Council desires to establish a target adoption timeline of the
Final Districting Plan that would implement the updated district boundaries in the election year
following the release of the Census results; and
WHEREAS, the City Council desires to make additional revisions to bring language up to
date and clarify rules and procedures for the Districting Commission.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Chapter 2.51 is hereby amended to read as follows:
Chapter 2.51
REDISTRICTING COMMISSION
2.51.010 Creation.
The Districting Commission was created by City Charter Section 300.5; that Commission has been
renamed the Redistricting Commission. The provisions of Sections 300.5, 602(c) and 604 of the
City Charter, and the general rules governing boards and commissions set forth in Chapter 2.25
CVMC, and state law, including Elections Code sections 21620-21629, to the extent applicable to
the City, shall govern the Redistricting Commission, except as specifically provided below. For
purposes of this chapter, “Districting” and “Redistricting” mean either districting or redistricting.
(Ord. 3305 § 1, 2014).
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2.51.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Section 300.5, which establishes the
Redistricting Commission and sets forth its powers and duties. (Ord. 3305 § 1, 2014).
2.51.030 Governing law in event of conflict.
If there is any conflict between this chapter and the Charter, the Charter shall govern. If there is
any conflict between this chapter and Chapter 2.25 CVMC, this chapter shall govern. (Ord. 3305
§ 1, 2014).
2.51.040 Functions and duties.
The Redistricting Commission shall hold the powers, and perform the duties, enumerated in City
Charter Section 300.5, and shall:
A. Perform other duties and powers as the City Council may, by ordinance, confer upon the
Commission in order to carry out the Commission’s powers and duties, consistent with Charter
Section 300.5. The purpose of the Redistricting Commission shall be to recommend to the City
Council adjustments to the boundaries of the Council districts by which City Councilmembers
shall be elected, based on Federal Decennial Census information, with the goals of City Council
approval of the Final Redistricting Plan no later than the end of the month of August, in the year
following each Federal Decennial Census.
B. Make recommendations to the City Council and consult with City staff.
C. Conduct itself in an open and transparent manner, including: comply with the Brown Act,
engage public participation to the extent reasonably possible during the redistricting process, and
remain free from legislative influence.
Notwithstanding the foregoing, the Redistricting Commission shall not have the independent
authority to direct the conduct of any City employee. (Ord. 3305 § 1, 2014).
2.51.045 Selection of Consultants
A. Pursuant to City Charter section 300.5, one or more, as necessary, independent consultants
experienced and competent in the skills necessary for the districting work shall be utilized to assist
the Commission in developing the redistricting plans
B. Staff shall be responsible for soliciting consultant proposals, through the City’s established
procurement practices, in the time and manner staff determines necessary to support the
Commission’s efforts and to ensure compliance with established timelines for the approval of the
Final Redistricting Plan.
C. The Commission shall evaluate the qualified proposals and submit recommendations to the City
Council for selection of the consultants.
2.51.050 Membership.
A. In accordance with City Charter Section 300.5, the Redistricting Commission shall consist of
seven members, selected and appointed in the manner provided for in that section.
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B. The members of the Redistricting Commission shall be appointed as soon as practicable, with
goal of having the Redistricting Commission members determined by August of the year the
Federal Decennial Census is conducted. (Ord. 3305 § 1, 2014).
2.51.060 Appointment and removal of Commission members.
Notwithstanding CVMC 2.25.050, the following rules and procedures for member appointment
and removal shall apply to the Redistricting Commission:
A. Any person desiring to serve on the Redistricting Commission shall apply by submitting an
application to the City Clerk during the applicable application submittal period. The application
shall be on a form prepared by the City Clerk and approved by the City Attorney.
B. The City Clerk shall conduct a prima facie review of each submitted application for
completeness within one business day of receipt. If the City Clerk deems an application to be
incomplete, the City Clerk shall notify the applicant of such and provide the applicant an
opportunity to complete the application within the application submittal period. The submittal
deadline shall not be extended to allow correction of incomplete applications; all applications must
be submitted to the City Clerk by the close of the application submittal period in order to be
considered.
C. Upon close of the application submittal period, the City Clerk shall review all applications
submitted and determine the number of complete applications. If the City Clerk determines that
fewer than 10 complete applications have been submitted, the City Clerk shall extend the
application period, if legally permissible and if doing so will not interfere with applicable
deadlines. The City Clerk extended application period shall be no more than one-half the length of
the initial application period.
D. Once all application submittal periods have closed, the City Clerk shall forward all complete
applications to the Charter Review Commission. Before doing so, the City Clerk shall redact the
applicants’ personal contact information, including address, phone numbers and email addresses,
as permitted by law, and shall note on each application the Council district of residence for each
applicant. Incomplete applications shall not be forwarded to the Charter Review Commission for
consideration.
E. The Charter Review Commission shall consider the forwarded applications at an open meeting
to consider the 10 most qualified applicants, pursuant to Charter Section 300.5(D)(1). In making
the determination, pursuant to Charter Sections 300.5(D)(3)(a) through (e), the Charter Review
Commission shall consider the applicants’:
1. Geographic diversity;
2. Relevant knowledge and/or demonstrated analytical abilities that would allow the
Redistricting Commission to carry out its responsibilities with a high degree of
competence;
3. Demonstrated ability to serve impartially in a nonpartisan role;
4. Experience in the areas of public communication and/or public outreach in the City; and
5. Experience in civic and/or volunteer activities in the City.
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In addition, to the extent possible and as permitted by law, the Charter Review Commission shall
consider available information which would assist them in creating an applicant pool of individuals
who are reflective of the City’s gender, racial and ethnic diversity, in accordance with Charter
Section 300.5(D)(3)(a). The Charter Review Commission shall not use formulas or specific ratios
in identifying which applicants will be included in the pool of 10.
F. The Charter Review Commission shall then oversee a process whereby four applicants are
selected, at random, from the pool of 10 applicants chosen pursuant to subsection (E) of this
section. The City Clerk, or their designee from the City Clerk’s office, shall assist the Commission
in the random selection by selecting four applicants by lot.
G. The four randomly selected applicants shall be sworn in by the City Clerk and shall constitute
the first four members of the Redistricting Commission.
H. The members of the Charter Review Commission shall not communicate with any member of
the City Council, or their representatives, about any matter related to the nomination process or
the applicants, prior to the swearing in of the four members.
I. Once the first four members of a Redistricting Commission are appointed, they shall be
provided with the remaining six redacted applications. In accordance with Charter Section
300.5(D)(3), the initial four members of the Redistricting Commission shall consider the
remaining forwarded applications at an open meeting to select three additional members. The
Redistricting Commission shall select the most qualified applicants; in doing so, the Redistricting
Commission shall consider the same criteria provided for in subsection (E) above. The selection
of each member shall require at least three affirmative votes of the Redistricting Commission.
J. The members of the Redistricting Commission shall not communicate with any member of the
City Council, or their representatives, about any matter related to the nomination process, or the
applicants, prior to the presentation of the three applicants to the City Council for approval.
K. The three applicants selected by the first four members of the Redistricting Commission shall
be submitted to the City Council for appointment to the Commission. The three applicants shall
be appointed, unless the City Council finds by at least four affirmative votes that the approval of
one or more of the nominees would be inconsistent with the goals enumerated in Charter Section
300.5(D)(3).
L. If, pursuant to Charter Section 300.5(D)(3), the Council must approve one or more additional
applicants, in lieu of those submitted to it for approval, it shall do so at its next City Council
meeting, after reviewing the remaining applications.
M. Members of the Redistricting Commission may be removed for cause in accordance with
CVMC 2.25.105. (Ord. 3305 § 1, 2014).
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2.51.070 Terms.
A. Notwithstanding CVMC 2.25.080, members of each Redistricting Commission shall serve
from the time they are appointed until dissolution of the Redistricting Commission, pursuant to
Charter Section 300.5(J).
B. Vacancies on a Redistricting Commission shall be handled in accordance with Charter Section
300.5(D)(6) and CVMC 2.25.105 (Ord. 3305 § 1, 2014).
2.51.080 Meetings.
A. Notwithstanding CVMC 2.25.200(A), each Redistricting Commission shall establish its regular
meeting day and time by written resolution, in accordance with CVMC 2.25.200. Regular meetings
shall be held in Council Chambers, at 276 Fourth Avenue, in the City. The Redistricting
Commission shall hold at least one public meeting in each of the City’s Council Districts prior to
the development of the Draft Districting Plan. All meetings shall be held in accordance with
Charter Section 300.5 and any other applicable laws or regulations. (Ord. 3305 § 1, 2014).
B. The Redistricting Commission shall hold at least two (2) public meetings between the release
of a Draft Districting Plan and approval of a Recommended Districting Plan; provided, however,
that the first such public meeting shall not be held sooner than seven (7) days following the release
of a Draft Districting Plan, in accordance with Charter section 300.5 and California Elections Code
section 21627.1.C. Public meetings should be scheduled in a timeframe that considers maintaining
public interest and minimizing costs associated with conducting meetings.
2.51.090 Budget.
The City shall ensure that adequate funds are appropriated for the Redistricting Commission to
carry out its duties, including the utilization of independent consultants pursuant to Charter Section
300.5(A)(3). The City Attorney, with input from the City Clerk, shall submit the appropriate
budget requests to the Finance Director so that such requests can be included in the City Manager’s
proposed budget for the fiscal year during which the Redistricting Commission will be appointed.
(Ord. 3305 § 1, 2014).
2.51.100 Implementing procedures.
The City Clerk and City Attorney shall be authorized to create and implement administrative rules
and procedures as necessary, consistent with this chapter, the City Charter, and applicable state
law, for the creation, establishment and management of the Redistricting Commission. (Ord. 3305
§ 1, 2014).
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinan ce, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
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Ordinance, irrespective of the fact that any one or more oth er sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of April 2020, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3487 had its first reading at a regular meeting held on the 7th day of April 2020,
and its second reading and adoption at a regular meeting of said City Council held on the 21st day
of April 2020; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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4/28/2020