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HomeMy WebLinkAboutAgenda Package - Charter Review Commission Special_Jun21_2022 Date:Tuesday, June 21, 2022 Time:6:00 p.m. Location:City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista The Charter Review Commission has transitioned back to holding live, in-person meetings. Public Comments: Public comments may be submitted to the Charter Review Commission in the following ways: In-Person comments during the meeting. Join us for the Charter Review Commission meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. • Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and click on the comment bubble icon. Click on the item you wish to comment on, and then click on "Leave Comment." The commenting period will close one hour before the meeting. All comments will be made available to the Commission and the public. • Mail or email comments. Submit comments via email to CRC@chulavistaca.gov or by mail to Charter Review Commission, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. • Accessibility: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a Civil Service Commission meeting by contacting the Office of the City Attorney Department Staff at CRC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Buddingh, Disharoon, Glanz, Hopida, Inzunza, McDonald, and Chair Scofield 3.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, please submit comments electronically at: www.chulavistaca.gov/boardmeetings. 4.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to comment on one of these items, you may do so at www.chulavistaca.gov/boardmeetings. 4.1.Approval of May 25, 2022, Special Meeting Minutes 4 Recommended Action: Approve Minutes 4.2.Written Communications 6 Communication from Commissioner Michael Inzunza requesting an excused absence from the May 11, 2022, Charter Review Commission meeting. Communication from Commissioner Edgar Hopida requesting an excused absence from the May 25, 2022, Charter Review Commission Special meeting. Recommended Action: Approve excused absence. 4.3.Discussion and Direction Regarding Proposed Charter Revisions, Alternative Ballot Measure Proposals, and Next Steps. 8 5.PRESENTATIONS The following item(s) will be presentations given to the Commission. Action on these item(s) is typically limited to the Commission receiving the presentation and providing direction or feedback to staff, as appropriate. OTHER BUSINESS 6.STAFF COMMENTS 2022-06-21 CRC Agenda Page 2 of 82 7.CHAIR'S COMMENTS 8.COMMISSIONERS' COMMENTS 9.ADJOURNMENT to the regular meeting on July 13, 2022, at 6:00 p.m. Materials provided to the Charter Review Commission relating to any open- session item on this agenda are available for public review by contacting the City Attorney's Office at CRC@chulavistaca.gov. 2022-06-21 CRC Agenda Page 3 of 82 1 REGULAR MEETING OF THE CHARTER REVIEW COMMISSION Meeting Minutes May 25, 2022, 6:00 p.m. City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista Present: Commissioner Buddingh, Commissioner Disharoon, Commissioner Glanz, Commissioner McDonald-Hernandez, Commissioner Inzunza, Chair Scofield Absent: Commissioner Hopida Also Present: City Attorney Glen Googins, Deputy City Attorney Megan McClurg, and Secretary Doris Cornejo _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Charter Review Commission of the City of Chula Vista was called to order at 6:04 p.m. 2. ROLL CALL Secretary Cornejo called the roll. 3. PUBLIC COMMENTS 4. ACTION ITEMS 4.1 Approval of May 11, 2022, Meeting Minutes Moved by Commissioner Buddingh Seconded by Commissioner Disharoon 2022-06-21 CRC Agenda Page 4 of 82 2 Approve Minutes Yes (4): Commissioner Buddingh, Commissioner Disharoon, Commissioner Inzunza, and Chair Scofield Result:Carried (4 to 0) 4.2 Discussion and Direction Regarding Proposed Charter Revisions, Alternative Ballot Measure Proposals, and Next Steps. OTHER BUSINESS 5. STAFF COMMENTS 6. CHAIR'S COMMENTS 7. COMMISSIONERS' COMMENTS 8. ADJOURNMENT The meeting was adjourned at 7:59 p.m. Minutes prepared by: Doris Cornejo, Secretary _________________________ Doris Cornejo, Secretary 2022-06-21 CRC Agenda Page 5 of 82 2022-06-21 CRC Agenda Page 6 of 82 2022-06-21 CRC Agenda Page 7 of 82 CharterYour Selections | Chula Vista, CA Page 1 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. ARTICLE I. INCORPORATION AND SUCCESSION INCORPORATIONAND CONTINUATION Sec. 100. Name and Boundaries. The City of Chula Vista shall beis a chartered municipal corporation under the name of “City of Chula Vista”..” The boundaries of the City shall be the boundaries established by law. Such boundaries may be expanded or reduced through valid annexation or de-annexation proceedings conducted in accordance with State law. Sec. 101. Succession, Rights and Liabilities. The City of Chula Vista shall own, possess and control all rights of action and of property of every kind and nature owned, possessed or controlled by it and shall be subject to all its debts, obligations and liabilities it shall incur in accordance with State law. Sec. 102. Ordinances. Continuation of Laws and Contracts. All lawful ordinances, resolutions and regulations, or portions thereof, and all contracts entered into by the City, or for its benefit, that were in force and effect at the time this Charter takesoriginally took effect, andor at the time of any amendment hereto, that are not in conflict or inconsistent therewith, are hereby continuedherewith, shall continue in force and effect until the same shall have been duly repealed, amended, changed, expired or superseded by proper authority. 2022-06-21 CRC Agenda Page 8 of 82 CharterYour Selections | Chula Vista, CA Page 2 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 103. Continuance of Contracts. All contracts entered into by the City, or for its benefit, prior to theOriginal Effective Date of Charter; Subsequent Amendments The original effective date of this Charter, shall continue in full force and effect. Sec. 104. Effective Date of Charter. The was December 15, 1949. This Charter has since been amended, with the effective date of this Charter is December 15, 1949, and totallyeach such amendment specified therein or occurring upon approval by the voters. This Charter was substantially revised pursuant to direction of the voterswith voter approval on June 6, 1978; it was substantially revised again with voter approval on November 8, 2022. ARTICLE II. POWERS AND STRUCTURE Sec. 200. Powers of City. The City shall have the full power and authority to make and enforce all laws and regulations inwith respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California.. It shall also have the power to exercise, or act pursuant to, any and all rights, powers, privileges or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California.. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. 2022-06-21 CRC Agenda Page 9 of 82 CharterYour Selections | Chula Vista, CA Page 3 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 201. Powers Vested in Council. Structure of Government. The structure of government established by this Charter shall be known as the “Council-Manager” form of government. On the terms set forth herein, the City Council shall establish City policy, and the City Manager shall carry out that policy. All powers of the City, except as otherwise provided in this Charter, shall be vested in the City Council. ARTICLE III. MAYOR AND CITY COUNCIL Sec. 300. Members, Eligibility, and Terms. (A) Members. 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) B) Mayor Eligibility. The Mayor shall be elected from the City at large. No person shall be eligible to hold in 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 Citysame manner provided for Councilmembers in Section 300(A)(3), below – except without any reference to districts. To be eligible to seek election 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 they are issued their nomination papers for such office. To be eligible to hold the office of Mayor, whether elected or appointed, a person must be a resident and registered voter of the City and maintain such status throughout their term. (2) (C) Councilmember Eligibility. Each of the four Councilmembers shall be elected by district in the manner provided in paragraph (3)Section 300(A)(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 they are issued their nomination papers for such office, or at the time of appointment to such office, respectively. No person shall be . To be eligible to hold the office of Councilmember unless that, a person is, whether elected or appointed, must be a registered voter of the City or territory annexed to the City and resident of the Council district which that Councilmember represents. 2022-06-21 CRC Agenda Page 10 of 82 CharterYour Selections | Chula Vista, CA Page 4 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (3) In the general 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 highest number of votes cast by the voters ofmaintain such status throughout their district shall be the candidates in a run-off 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). If only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off 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 general municipal election, all such candidates shall appear on the run-off election ballot and no candidate(s) receiving the second-highest number of votes shall appear on the run-off 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-off election ballot. In the run-off 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 votes cast shall be elected. (4) Notwithstanding any other provision in this Section 300 or Section 300.5, the 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 . (D) Councilmember and Mayor Terms of Office. The nominal term of for each Councilmember and the Mayor shall be four years and. Each such term shall commence onupon taking the first Tuesdayoath of December of the year of the election,office and shall continue until a qualified successor takes the oath of office. 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 givenThe oath of office shall be administered at the first scheduled City Council meeting following certification of the election results, or as soon thereafter as practicable. (C) No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for (E) Limitation on Consecutive Terms. Councilmembers and Mayors may serve up to, but no more than, two (2) consecutive terms, and no in their respective offices. Any person who has held a Councilthe office of Councilmember or Mayor for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may may again seek nomination and election to said officesthe office of CouncilCouncilmember or Mayor, respectively, by submitting nomination papers to the City Clerk for such 2022-06-21 CRC Agenda Page 11 of 82 CharterYour Selections | Chula Vista, CA Page 5 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. office, but may not do so until a period of one (1) year has elapsed from the termination of thetheir second term foras Councilmember or Mayor has elapsed; provided, however, that any, respectively.. Any person who is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and election to said officesoffice of Councilmember or Mayor by submitting nomination papers to the City Clerk for such office until a period of one year fromafter 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 or Mayor 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, however, 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. (G) If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, his or her name shall not be placed on the ballot. The candidate receiving the third highest number of votes in the general 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 offer. If accepted, the special run-off election between the remaining candidate and the candidate receiving the third highest number shall be held. If rejected, there shall be no run-off election, and the remaining candidate shall be deemed elected as of the date of such death. 2022-06-21 CRC Agenda Page 12 of 82 CharterYour Selections | Chula Vista, CA Page 6 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (H) Any person to be elected at a special run-off 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. Sec. 300.5. Districting Commission. (A) Establishment of City Districting Commission; Composition; Powers and Duties. (1) Separate and distinct from the commissions provided for in Article VI of this Charter, there shall be established a seven (7) member Districting Commission, hereinafter “Commission,” for the For purposes of recommending to the City Council the Council districts by which Councilmembers shall be elected, and periodically recommending to the City Council adjustments to the boundaries of such Council districts. (2) The first Commission established under this Section shall recommend, and the City Council shall approve, a Districting Plan establishing four (4) Council districts in a timely manner, but no later than February 1, 2016, for use in the 2016 general municipal election. Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring at least three (3) months after adoption of the Final Districting Plan. As used in this Section, the term “Federal Decennial Census” shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. (3) 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 Districting Plans detailed in this Section. (B) Ordinances Implementing Districting Commission Powers and Duties; Appropriations to Support Districting Commission. (1) The City Council shall adopt such ordinances as are necessary to provide for and support the Commission, and to ensure timely selection of Commission members and full implementation of the Commission’s powers and duties under this Section. (2) The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow the Commission to carry out its powers and duties under this Section. (C) Eligibility to Serve on the Commission. 2022-06-21 CRC Agenda Page 13 of 82 CharterYour Selections | Chula Vista, CA Page 7 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (1) Only persons who are both residents and registered voters of the City or territory annexed to the City are eligible to apply for and serve on the Commission. (2) Notwithstanding that they may be a resident and registered voter of the City or territory annexed to the City, the following persons are ineligible to apply for and serve on the Commission: (a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; (b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; (c) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; (d) a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City; (e) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist” means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City official, for purposes of influencing a municipal decision; (f) a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and (g) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for an elected City official. (D) Selection of Commission Members; Filling of Vacancies. (1) The City Charter Review Commission shall review and verify the information contained in the applications submitted by persons interested in serving on the Commission, including applicants’ eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and verified applications, the City Charter Review Commission shall select ten (10) persons to constitute the pool of eligible applicants for purposes of this Subdivision. (2) Four (4) Commission Members shall be randomly selected from the pool of eligible applicants; 2022-06-21 CRC Agenda Page 14 of 82 CharterYour Selections | Chula Vista, CA Page 8 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (3) Three (3) 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. (4) In the event that not enough eligible persons apply for the Commission to allow selection in the manner provided in Paragraphs 1, 2, or 3 of this Subdivision, the City Council shall appoint persons as necessary to fill all seven (7) seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. (5) The Members of the first Commission provided for in this Section shall be determined no later than May 1, 2015. Thereafter, the Members of subsequent Commissions shall be determined no later than May 1 of each year following the year in which the Federal Decennial Census is taken. (6) Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled within 45 days of the date upon which the vacancy existed. (E) Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council. (1) Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. 2022-06-21 CRC Agenda Page 15 of 82 CharterYour Selections | Chula Vista, CA Page 9 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (2) A person who serves as a Commission Member is ineligible to serve on, and shall not seek election to, the City Council in any district whose boundaries were drawn or adjusted by the Commission on which such person served for a period of four (4) years immediately following the end of the person’s service on the Commission. (F) Districting Criteria. The Commission and City Council shall adhere to the following criteria in considering and approving or disapproving any Districting Plan: (1) District shall have reasonably equal populations as required by the Federal and State constitutions. (2) District boundaries shall be geographically compact and contiguous. (3) District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible. (4) District boundaries shall respect communities of interest to the extent practicable. A community of interest is defined as a geographic area comprised of residents who share similar interests including, but not limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi- governmental relationships, but not including relationships with political parties, incumbents, or candidates. (5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers. (6) District boundaries shall be drawn without regard for advantage or disadvantage to any political party. (G) Procedures for Creation of Draft and Recommended Districting Plans. The Commission and City shall abide by the following procedure in any districting process: (1) The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. (2) The Commission shall approve a Draft Districting Plan based on application of the districting criteria specified in Subdivision F of this Section and consideration of all public comments submitted to it. Approval of a Draft Districting Plan shall require the affirmative vote of at least five (5) Commission members. The Commission shall hold at least two (2) public meetings prior to approving a Draft Districting Plan. 2022-06-21 CRC Agenda Page 16 of 82 CharterYour Selections | Chula Vista, CA Page 10 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (3) A Draft Districting Plan approved by the Commission shall be made publicly available for at least thirty (30) days before the Commission may take any action to approve a Recommended Districting Plan. The 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. (4) The Commission shall thereafter approve a Recommended Districting Plan for consideration by the City Council. Approval of a Recommended Districting Plan shall require the affirmative vote of at least five (5) Commission Members. (5) For each Recommended Districting Plan prepared by the Commission and submitted to the City Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by the Commission to prepare the Recommended Districting Plan. Such a report shall accompany any Recommended Districting Plan submitted by the Commission to the City Council. (H) City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan. (1) The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of the Commission before the City Council takes any action to approve or disapprove the Recommended Districting Plan. (2) The Recommended Districting Plan shall be made publicly available for at least fourteen (14) days before any vote by the City Council to approve or disapprove a Recommended Districting Plan. (3) The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall approve or disapprove the Recommended Districting Plan in its entirety. (4) If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City. (5) If the City Council disapproves a Recommended Districting Plan, the City Council shall immediately state in writing to the Commission the reasons for such disapproval, including any deviations by the Commission from the districting criteria specified in Subdivision F of this Section. Thereafter, the Commission shall consider the City Council’s stated reasons for disapproval and may consider and approve alterations to the Recommended Districting Plan in response to those reasons. After such consideration, the Commission shall submit its Final Districting Plan to the City Council for immediate implementation by the City. Approval of such Final Districting Plan shall require the affirmative vote of five (5) Commission Members. (I) Referendum or Legal Challenge to Final Districting Plan. (1) Any Final Districting Plan approved under this Section shall be subject to the referendum provisions of this Charter. If a referendum qualifies against the Final Districting Plan approved by the first Commission established under this Section, the City shall continue to elect Councilmembers at-large until 2022-06-21 CRC Agenda Page 17 of 82 CharterYour Selections | Chula Vista, CA Page 11 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. an election on the referendum is held. If a referendum qualifies against any Final Districting Plan approved by a subsequent Commission, the City shall continue to elect Councilmembers by district elections as provided in Section 300 using existing Council districts until an election on the referendum is held. In either event, if the voters approve such a Final Districting Plan, the Council districts established in the Final Districting Plan shall become effective as soon as practicable. If the voters reject such a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. (2) If a court of competent jurisdiction invalidates a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. (J) Dissolution of Districting Commission. Each Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting Plan is implemented by the City. Notwithstanding the foregoing, if a lawsuit to enjoin or invalidate a Final Districting Plan is filed later than the ninety-first day following approval of a Final Districting Plan, the Commission shall automatically revive and continue operations during the pendency of such lawsuit and until a Final Districting Plan is implemented by the City. (K) Transition from At-Large Elections. (1) A period of transition from at-large elections to the by-district elections described in Section 300 will occur from the time of approval of a plan to establish Council districts to the time that the first by-district elections are held for each Council district. For this transition period, each Councilmember who currently holds a Council seat will be designated as the incumbent Councilmember representing the Council district with the same numerical designation in the first districting plan approved and implemented by the City Council, whether or not that Councilmember resides in that Council district. For example, the Councilmember occupying the previously-designated Council seat one (1) will be designated the incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in Council district one (1). Each of the Councilmembers occupying office at the time of the effective date of this Section shall be so designated. (2) Council districts one (1) and two (2) shall transition to the by-district elections described in Section 300 of this Charter beginning with the general municipal election in 2018. Council districts three (3) and four (4) shall transition to the by-district elections described in Section 300 beginning with the general municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council district in any by-district election unless such person is eligible to seek election under Subdivisions A and C of Section 300 of this Charter. For purposes of the transition period, prior service by an incumbent 2022-06-21 CRC Agenda Page 18 of 82 CharterYour Selections | Chula Vista, CA Page 12 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Councilmember in office at the time of the effective date of this Sectionthis Section, no Councilmember term shall count for purposes of determining that Councilmember’s eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the newly created Council districts. Thus, a designated incumbent Councilmember of a newly created Council district during the transition period may not be nominated for or elected in a by-district election for that Council district unless (1) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutiveas a term for Mayor, and no Mayor’s term in the office of City shall count as a term for Councilmember for which he or she was previously elected or appointed. Sec. 301. Powers. TheSpecified Powers With Respect to Proceedings and Member Qualifications. This Charter adopts general State election laws and is subject to the State and United States Contitutions. Within those constraints, the City Council shall judge the qualifications of its members as set forth by the Charter. It and shall judge all election returns. It may establish rules for the conduct of its proceedings and , including the authority to evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each memberIn matters involving the determination of the qualifications of City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Councilmembers or the City Council. TheAttorney, and in on other matters prescribed by ordinance, the City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of suchRefusal to comply with any subpoenas issued for these purposes, or the refusal to testify (uponfor other than constitutional grounds), shall constitute an infraction and shall be punishable in the same manner as other violations of this Charter are punishable. The City Council shall cause the City Clerk to keep a correct record of all its proceedings and at the demand of any member, or upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and nays taken on such question to be entered in the minutes of the meeting. Sec. 302. Compensation for Councilmembers. The four Councilmembers shall receive, as compensation for their services, forty percent (a salary equal to 40%)% of the salary of the Mayor. They shall also be entitled to receive reimbursement on order of the City Council for Council-authorized and budgeted travel and other expenses when on official duty of the City 2022-06-21 CRC Agenda Page 19 of 82 CharterYour Selections | Chula Vista, CA Page 13 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. consistent with City policies. The City Council may also provide, by resolution, for the payment, to Councilmembers of an allowance of a sum certain per month to reimburse them for the additional demands and expenses made upon and incurred by them in serving as Councilmembers. Sec. 303. Vacancies. (A) When a Vacancy Occurs; Granting Permission for Absences.. A City Councilmember or Mayor shall be deemed to have vacated their office if such office holder: If a member of the City Council(1) is absent from four (4) consecutive scheduled and held regular meetings of the City Council scheduled and held, unless by without permission ofor excuse approved by the City Council expressed in its official minutes contemporaneously with, effective as of the date of the last of such absences or sooner, or; (2) is convicted of a felony or a crime involving moral turpitude, oreffective as of the date of such conviction; (3) submits a letter of resignation to the City Clerk, or because of the election of the current office holdereffective as of the date of such letter or other date of resignation indicated therein; or (4) is elected to another seat on the City Council, or other office requiring the surrender of the City office seat, effective as of 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 date such office holder is sworn into anothersuch other office (in the case of an election to another office), as applicable. The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare by resolution 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, stateState 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 2022-06-21 CRC Agenda Page 20 of 82 CharterYour Selections | Chula Vista, CA Page 14 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. other federal, stateState or local election, then (Aa) the City Council shall call and request consolidation of such special election with such other election or elections, and (Bb) 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 provided in Charter Section 303(B), above, the City Council shall fill such vacancy by election or appointment as set forth herein. Except under the circumstances hereinabove provided in paragraph B, the City Council shall fill such vacancy by election(1) One Year or appointment as set forth herein. (1) Less Remaining in Term. If a vacancy is declared by the Council with respect to an elected office with one (1) year or less remaining in the term of such office from the date of such declaration, the Council shall within 45use their good faith, best efforts to fill that vacancy by Council appointment by no later than forty-five days appoint a person to fill the vacant seat on the City Council. after the date of such declaration. In the event Council shall make such an appointment, such an appointeethe appointed office holder shall be entitled to hold such office until a qualified successor is subsequently qualifiessworn in 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 within 45 days of declaration of vacancy is hereby 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 allottedprescribed forty-five day time period, the Council’s power to appoint is terminatedto fill the vacancy shall terminate and the seat shall remain vacant for the remainder of the term. (2) Twenty-Five Months or More Remaining in Term. If a vacancy declared by the Council occurs with 25twenty-five months or more remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California,Charter Section 901 and the Elections Code, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, stateState, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, stateState, 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.Elections Code. (a) Special Election. In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one (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.3.300(A)(3).  2022-06-21 CRC Agenda Page 21 of 82 CharterYour Selections | Chula Vista, CA Page 15 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (b) Special Run-Off Election. If no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in the Elections CodeCharter Section 901 and the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, stateState, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two (2)Elections Code. The two candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. If a special run- off election is required under this section, a write-in candidate may participate in such election only if the candidate qualified as a write-in candidate for the election initially held pursuant to Section 300(A)(4). (c) A vacancy in the office of Mayor shall be filled in the same manner as provided in subparagraphs Section 303(C)(2)(a.,) and (b.,), above, except that the voters of the City at-large shall be entitled to vote. (3) (3) More than One Year But Less Than Twenty-Five Months Remaining in Term. If a vacancy is declared by the Council with more than one year but less than 25twenty-five months remaining in the term from the date of declaration, the Council may either appoint a person to fill the vacant seat on the City Council, pursuant to subsection Section 300 (C.)(1., above,), or call a special election to fill the vacancy, pursuant to subsection Section 300 (C.)(2., above.). The Council shall determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. If the Council determines to fill the vacancy by appointment and is unable to make an appointment within 45forty-five 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 sectionSection 303.(C.)(2., above.). (4) Exception When Appointment Would Result in Majority of Appointed Councilmembers. Notwithstanding any other provision in this Section 303.C to the contrary in Section 303(C) , if an appointment would result in a majority of the members serving on the City Council being appointed, the Council shall not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25twenty-five months, the Council shall call a special election to fill the office in accordance with sectionSection 303.(C.)(2.). (5) Future Election of Appointee to Elected Office. 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 2022-06-21 CRC Agenda Page 22 of 82 CharterYour Selections | Chula Vista, CA Page 16 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. (6) Mail Ballot Only Option in Case of Special Election. If a vacancy in the office of an Elected Officer is to be filled utilizing a special election that is not consolidated with a scheduled federal, State or local polling place election, the City Council may authorize such election to be conducted wholly by mail ballot. Sec. 304. Suspension from Elected Office. Any Elected Officer is subject to suspension upon determination by the City Attorney (or by the City Council if the Elected Officer is the City Attorney) that a felony criminal indictment or felony criminal proceedings are pending against such Elected Officer (“Pending Charges”). If a determination of Pending Charges is made, the Elected Officer may be suspended by the City Council. During suspension, the Elected Officer shall be relieved of all duties and rights of office, shall not be entitled to receive a salary, but shall be entitled to maintain all City-sponsored medical, dental, and vision benefits. The suspension shall remain in effect until the Pending Charges are resolved. If the Pending Charges result in a felony conviction against the Elected Officer, the office shall become vacant, in accordance with Section 303(A), above. If a felony conviction does not result, the suspension shall be lifted, the Elected Officer shall be entitled to resume the duties of the office, and the Elected Officer shall be entitled to back pay for all salary amounts not received during suspension. Notwithstanding the foregoing, if the Elected Officer’s term of office lapses during the suspension period, the Elected Officer’s rights to such office shall also lapse. Nothing in this section shall prohibit a suspended Elected Officer from running for re-election or election to another office during, or subsequent to, their period of suspension Sec. 305. Presiding Officer, Mayor. (a) Mayor. There shall be elected at the general municipal election a Mayor who shall hold office for a term of four years and until a successor is elected and qualified. (b (A) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor shall have the power and duty: (1) to report to the City Council annually and from time to time on the affairs of the City and to recommend for its consideration such matters as deemed expedient, andthe Mayor deems appropriate; (2) to be the official head of the City for all political and ceremonial purposes and to be recognized by the courts for the purpose, in the name and on behalf of serving civil process, for the signing ofthe City, to 2022-06-21 CRC Agenda Page 23 of 82 CharterYour Selections | Chula Vista, CA Page 17 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. sign all legal instruments and documents, and by the Governor for emergency purposes, and to which the City is a party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or order of the Council; (3) in the (3) to take command of the police, maintain order and enforce the law, during a time of extreme public danger or emergency, the Mayor, with the consent of the Council, and for such period as the council may fix, to take command of the police, maintain order and enforce the law, andand with the advice and support of the City Manager and City Attorney; , (4) to assume the primary, but not the exclusive responsibility, for interpretingdescribing to the people the policies, programs and needs of the City government and for informing the people of any major change in policy or program. The Mayor may represent the City in any and all matters involving other governmental agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City of Chula Vista unless duly authorized or ratified by the City Council, and; (5) to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council, and; (6) to supervise the operation of the mayor/council office and personnel assigned thereto, and; (7) to perform such other duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter,; and (8) to exercise the full-time function as Mayor of the City during the usual business hours that the offices of the City are open, and such other hours and times as shall be necessary to discharge in full the duties imposed upon the Mayor. (cB) Compensation. The Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State of California.. The Mayor shall also be entitled to receive reimbursement on order of the Council for Council-authorized and budgeted travel and other expenses when on official duty out of the City consistent with City policies. The City Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the Mayor. (d) C) Deputy Mayor Pro Tempore. The City CouncilMayor shall designate one of its members , subject to the approval of the City Council, a City Councilmember to serve as Deputy Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Deputy Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’s absence or disability. 2022-06-21 CRC Agenda Page 24 of 82 CharterYour Selections | Chula Vista, CA Page 18 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 306. Sec. 305. Prohibited Acts. Limitations on Authority. (A) Prohibition on Undue Influence. No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties. (B) Prohibition on Certain Administrative or Executive Functions. The Mayor and the CouncilmenCouncilmembers are hereby individually and collectively prohibited from performing any administrative or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chula Vista.. Neither the City Council nor any of its members shall order or request of the City Manager, or any other officer or employee, the appointment of any person to any position of employment within the City, or the removal of any person from employment, with the City. (B) Prohibition on Giving Orders to Subordinates of the City Manager. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager, and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately. (C) Penalties for Violation. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be censured or removed from office by the Council. Sec. 305.5. Sec. 307. Limitations on Powers of Eminent Domain. (A) In General. Eminent domain is not to be used to further private economic development. The City of Chula Vista shall not initiate or participate in any proceedings, or take any action to condemn private property for the purpose of making such property available for private development, nor shall the City participate, directly or indirectly, in such takings. “Participation” means contributing, lending, providing, pledging, or foregoing, any funds, property, credit, in-kind services, or incurring any debt or lease obligation, or providing any other thing of value to any agency, organization, or project. Notwithstanding these prohibitions, the City of Chula Vista may participate in proceedings to condemn private property for the purpose of making such 2022-06-21 CRC Agenda Page 25 of 82 CharterYour Selections | Chula Vista, CA Page 19 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. property available for private development if such participation is approved by a majority of the voters in the City. Sec. 305.6. Minimum Public Use Period. (B) Property acquired by the City of Chula Vista through the use of eminent domain after the effective date of this charter amendmentJune 6, 2006 must be held or used for a public use by the City for a minimum ten- year period prior to sale, lease, transfer or other disposition by the City. Sec. 308. Sec. 306. Council Meetings. (A) Generally. All City Council meetings shall be fully and properly noticed, open to the public, and otherwise held in accordance with all State open meetings laws. Regular Meetings. (B) The City Council shall hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution and may. The City Council shall adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. Sec. 307. Special Meetings. (Repealed 11-8-88) Sec. 308. (C) Special Meetings. Any meeting of the City Council that is not a “regular meeting” under the terms of Charter Section 306 shall be considered a “special meeting.” Subject to the laws applicable to Charter cities, 2022-06-21 CRC Agenda Page 26 of 82 CharterYour Selections | Chula Vista, CA Page 20 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. any Council action that may be taken at a "regular” Council meeting may also be taken at a “special” Council meeting. (D) Place of Meetings. All regular City Council meetings shall be held in the Council Chamber in the Civic Center or such other appropriate conference room located inlocation within the Civic Center and shall be clearly noticed and open to the public.complex, if the chambers are not otherwise available or suitable. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated or it is unavailable, the meetings may be held for the duration of the emergency or unavailability at such place as is designated by the Mayor, or, if the Mayor should fail to act, by three members of the City Council. It is further provided that any Any special meeting may be held within any place suitable and desirable for public assembly within the City of Chula Vista or areas contiguous thereto to facilitate the public participation in the business of the City, subject to the requirements of notice as provided in this Charter and the laws of the State of California. Further, the City Council may meet in joint session at an appropriately designated official place of meeting with the governing body or bodies of any other governmental agency in the County of San Diego, subject to notification as required hereinabove.State law. At such special meeting called at the time and place and in the manner provided herein (E) Joint Session with Other Governing Bodies. Further, the City Council may not pass upon any ordinance or resolution, or make any final decision on the matters being discussed at said meeting except that final actions may be taken at meet in joint meetings with session outside of the City with the governing body or bodies of any other governmental agencies held at a regular place of meeting of such agency in the County of San Diego, at an appropriately designated place of meeting, subject to notification as required in this Charter and State law . Sec. 309. Quorum; Proceedings. Required to Conduct City Business Three members of the City Council shall constitute a quorum to doconduct City business butat a less numberproperly noticed public meeting. Less than a quorum, however may act for the sole purpose of adjourning such meeting to a specified future date and time. If a quorum is lost during a meeting, less than a quorum shall either recess the meeting until a quorum can be re-established or adjourn from time tothe meeting to a specified date and time. . In the absence of all the members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated dayspecified date and hour. Notice of time. . When a meeting is adjourned by lessunder this Section to any date or time other than a quorum or by the next scheduled regular meeting, the City Clerk shall be given by the Clerk or may be waived by consentprovide special notice of such meeting in accordance with the same manner as specifiedstandards provided in this Charter for the giving or waiving of notice of special meetings of the City Council but need not specify the matters to be acted upon.and the laws of the State . 2022-06-21 CRC Agenda Page 27 of 82 CharterYour Selections | Chula Vista, CA Page 21 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 310. Citizen Participation. All citizens shall have the right personally, or through counsel, to appear and present grievances at any regular meeting of the Council, or offer suggestions for the betterment of municipal affairs. at any regular meeting of the Council.. Sec. 311. Adoption of Ordinances and Resolutions. (a) Generally. With the sole exception of ordinances which take effect upon adoption referred to in this article, no ordinance shall be adopted by the City Council on the day of introduction, nor within five days thereafter, nor at any time other than at a regular or adjourned regular meeting. At the time of adoption of an ordinance or resolution, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmembers present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting, held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (b) For Payment of Money. City Council Action Generally. (A resolution or order for the payment of money shall be adopted or made only at a regular or adjourned regular meeting. (c) Votes Required Execution and Attestation. .Unless a higher vote is required by other provisions of this Charter, or other applicable laws, the affirmative votes of at least three members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approvingtaking of any order forother action requiring City Council consideration or approval. At the paymenttime of money. All ordinancesadoption of an ordinance or resolution, the title and resolutionsfull text thereof shall be signed byread into the Mayor and attestedrecord by the City Clerk; provided, however, the title alone may be read and the full reading of the text waived, with consent of the Council.  (d) Emergency Ordinances.(B) Execution and Attestation. All ordinances and resolutions shall be signed by the Mayor, attested by the City Clerk, and approved as to legal form by the City Attorney. 2022-06-21 CRC Agenda Page 28 of 82 CharterYour Selections | Chula Vista, CA Page 22 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 312. Ordinances. Special Rules for Ordinances. (A) Generally. With the exception of urgency or emergency ordinances which take effect in one action upon adoption as provided in subsection (b), below, ordinances shall be adopted in a two-step process. First, after its introduction, the City Council must approve its proposal for adoption. Second, no sooner than five days thereafter, the City Council shall again consider the proposed ordinance and take final action to adopt it or reject it In the event that any ordinance is altered after its initial introduction, the same shall not be finally adopted except at a meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration for purposes of this Section . (B) Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, and general welfare and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative-fifths votes. Sec. 312. Ordinances. (a) Enactment of Ordinances. The enacting clause of all ordinances adopted by the City Council shall be substantially as follows “The City Council of the City of Chula Vista does ordain as follows:” (b(D) Publication of Ordinances. Within 15fifteen days after its passage, the City Clerk shall cause each ordinance to be published at least once in a newspaper of general circulation published and circulated in the City, or if there is none, the Clerk shall cause it to be posted in at least three public places in the City or published in a newspaper of general circulation printed and published in the county and circulated in the City. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but such ordinances shall be posted in the manner and at the time required by this sectionor published as otherwise allowed in accordance with State law.The City Clerk may satisfy the requirement to publish each ordinance by causing a fair and impartial summary of the ordinance to be published within fifteen days after the ordinance’s adoption and make a copy of the full ordinance available in the office of the City Clerk. The City Attorney shall prepare the fair and impartial summary of each ordinance that is to be published by summary. The publication or posting of ordinances, as required above may be satisfied by: (1) Publication of the full text of the ordinance, or (2) A summary thereof prepared by the City Clerk, and posting of a certified copy of the full text thereof in the office of the City Clerk, or (3) A display advertisement in a newspaper of general 2022-06-21 CRC Agenda Page 29 of 82 CharterYour Selections | Chula Vista, CA Page 23 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. circulation in the City or if the City Clerk determines it is not feasible to prepare a fair and adequate summary of the ordinance, and if the City Council so orders. The synopsis or advertisement shall indicate the general nature of, and provide information about, the ordinance including information sufficient to enable the public to obtain copies of the complete text of such ordinance, as well as the names of those City Council members voting for and against the ordinance. (c(E) Codification of Ordinances. Any and all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged asThe City shall create and maintain a comprehensive ordinance code, of the local laws and such code may berules that have been adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Ordinances so codified shall be repealed as of the effective date of the code. Other codesordinance governing the conduct of the City and the conduct of City businesses, residents and visitors within the City (“Municipal Code”). The Municipal Code may be amended , and any such amendment must be approved by ordinance. The Municipal Code may incorporate other codes, or portions thereof, including statutes or published compilations of rules, regulations or standards adopted by the Federal or federal,State or County government or by any agency of eitherany of them, or nationally recognized or approved published compilations of proposed rules, regulations or standards of any private organization or institution, may also be adoptedincorporated by reference into the Municipal Code in accordance with the provisions of this subsection. County ordinances or codes or any parts thereof or amendments thereto may be similarly adopted by reference. Such code need not be published in the manner required for other ordinances, but atArticle.t At least one physical copy thereofof the Municipal Code shall be filedmaintained in the Office of the City Clerk after the adoption thereofand made available for the use and examination by the public. The City Clerk shall maintain a reasonable supply of copies of such code available for purchase by the public at a price not to exceed its actual cost to the City. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of sections of ordinances generally. Copies of such codes in published formcode, or any provision(s) thereof, duly certified by the City Clerk, shall be received without further proof as prima facie evidence of the provisions of such codes or public recordscode in all courts and administrative tribunals of this stateState. (dF) Effective Date of Ordinances. All ordinancesOrdinances shall take effect thirty days after their final passageadoption except where otherwise required by applicable law, and except for the following which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some law or procedural ordinance; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property; or (4) An emergency ordinance adopted in the manner provided for in this articleArticle. 2022-06-21 CRC Agenda Page 30 of 82 CharterYour Selections | Chula Vista, CA Page 24 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (eG) Amendment of Ordinances. The amendment of any ordinance, or any section or sections of an ordinance, may be accomplished solely by the adoption of another ordinance. Where such amendment relates to a section or sections of the Municipal Code, it shall be effected through the reenactment of such section or sections at length as amended. Sec. 313. Publishing of Legal Notices. (a) Newspapers Generally. In the event that there is more than one newspaper of general circulation published and circulated in the City, the City Council annually, prior to the beginning of each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation published and circulated in said City, during the ensuing fiscal year. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract. (b) Rates. In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character. (c) Posting. In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City. (d) Defects. No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper shall invalidate any publication where the same is otherwise in conformity with the Charter or law or ordinance. The City Clerk shall cause to be published all legal notices and other matters required to be published by law in conformity with all applicable laws. 2022-06-21 CRC Agenda Page 31 of 82 CharterYour Selections | Chula Vista, CA Page 25 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. ARTICLE IV. CITY MANAGER Sec. 400. City Manager. (aIn General. (A) Appointment, Salary. There shall be a City Manager who shall be the executive officer of the City; to. The City Manger shall be appointed by and serve at the pleasure of the City Council. The City Manager shall be chosen on the basis of administrative qualifications and experience and shall be paid a salary, fixed by the Council, commensurate with their responsibilities. (bB) Removal. The City Manager may be removed from office by motionaction of the City Council adopted by at least three affirmative votes. (cC) Ineligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the an elected City Councilofficial, nor within one year after ceasing to be aan elected City Councilmemberofficial. Sec. 401. City Manager; Powers and Duties. Generally. The City Manager shall be the head of the administrative branch of the City government, and be responsible to the City Council for the proper administration of all departments, agencies and affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to: (a) Appointment and Removal of Employees and officers. Subject to the provisions of Section 500 of Article V of the Charter, the City Manager shallA) appoint, suspend, or remove all department heads and officers of the City, subject to the provisions of Charter Section 500 of the Charter and excluding the City except elective officers and those department heads and officers whose power of appointment is vested inAttorney, the City CouncilClerk, and their appointees, and to pass upon and approve all proposed appointments and removals by department heads and other appointive officers.; 2022-06-21 CRC Agenda Page 32 of 82 CharterYour Selections | Chula Vista, CA Page 26 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (b) PrepareB) prepare the City budget annually, which shall include a capital improvement plan , submit such budget to the City Council, and be responsible for its administrationconsideration and approval as provided in Article X of the Charter, and administer the approved budget after adoption; (c) PrepareC) prepare and submit to the City Council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year; (d) KeepD) keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirablethe City Manager determines to be necessary or appropriate; (e) Establish a centralized purchasing system for all City offices, departments and agencies; (f) Prepare(E) prepare and periodically update rules and regulations governing the contracting for, purchasing, storing, distribution or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommendsubmit them to the City Council for adoption by it by ordinance; (g) Enforce(F) recommend to the Council for adoption such measures and ordinances as the City Manager may deem necessary or appropriate; (G) appoint such advisory boards and committees as may be necessary or desirable to advise and assist in the work of the City Manager; provided, however, that the members of such boards shall not receive any compensation; (H) ensure, in coordination with the City Attorney’s office, City compliance with the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City; and (h) PerformI) perform such other duties consistent with this Charter as may be required by the City Council. Sec. 402. Participation at Council Meetings. The City Manager shall be accordedhave a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council but shall not have a vote. 2022-06-21 CRC Agenda Page 33 of 82 CharterYour Selections | Chula Vista, CA Page 27 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 403. Absence or Disability of the City Manager Pro Tempore.. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department headsan officer of the City to serve as City Manager Pro Temporein their place during any temporary absence or disability of the City Manager. ARTICLE V. OFFICERS AND EMPLOYEES Sec. 500. Election, Appointment and Removal of Certain Officers and, Department Heads and Positions in the Unclassified Service. (a) Election; (A) Appointment. The City Attorney shall be elected by the voters of the City. Manager and City Clerk. The City Manager and City Clerk shall be appointed by and serve at the pleasure of the City Council and shall be in the Unclassified Service. (B) Executive Secretaries. In addition, there shall be in the Unclassified Service a privatean executive secretary for the City Manager, City Attorney and the Mayor and Council who shall be appointed by the respective officers for whom they serve., and subject to removal by, the City Manager, City Attorney and Mayor, respectively. (C) Department Heads, Assistants and Deputies. All other officers and department heads, and assistant and deputy department heads, of the City and the Assistant City Manager shall be(excluding those appointed by the City Manager subject to the approvalClerk as provided in Charter Section 502, and by the City Attorney as provided in Charter Section 503) shall be appointed by the City Manager subject to the ratification of the City Council. The City Attorney shall also appoint Assistant or Deputy City Attorneys as may be authorized by the Council, who and shall be in the Unclassified Service. The City Clerk may also appoint Assistant or Deputy City Clerks as may be authorized by the Council subject to the approval of the Council who shall be in the (D) Other Unclassified Service. Positions. It is further provided the City Council may, by ordinance, place Assistant and Deputy Department Heads, Assistants to the City Manager and newadditional management level positions in the Unclassified Service by a four-fifths vote of the Council. The City Clerk shall maintain a master list of all Unclassified Service positions within the City. 2022-06-21 CRC Agenda Page 34 of 82 CharterYour Selections | Chula Vista, CA Page 28 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (b) Removal. Officers and employees in the Unclassified Service appointed by the City Council may be removed by them at any time by a majority vote of the members of the Council, and such officers and department heads in the Unclassified Service appointed by the City Manager or City Attorney, respectively, may be removed by him or her at any time and, in the case of appointees in the Unclassified Service, the order of the City Council, the City Attorney, or the City Manager affecting said removal shall be final and conclusive. The position of said officers and employees shall be declared vacant if said officer or employee is convicted of a felony or crime involving moral turpitude. Any appointee or employee in the Unclassified Service so removed by the City Manager, the City Attorney or City Clerk may, however, within five (5) days after receipt of a notice of dismissal, demand a written statement of the reason for such dismissal, a copy of which shall be forthwith filed with the City Council. Upon receipt of such written statement so furnished by the City Manager, the City Attorney or City Clerk to the City Council, the Council shall fix a time and place for a public hearing, at which hearing the Council shall have authority to investigate the facts set forth in said written communication from the City Manager, the City Attorney or City Clerk containing the reason for said dismissal, and determine the truth or falsity of said facts. Council shall report its findings and recommendations made as a result of such hearing, and cause a copy of said findings to be delivered to the City Manager, the City Attorney or City Clerk and file the original with the City Clerk. The dismissed appointee or employee in such cases shall have the right to file with the Council a written reply or answer to any charges filed by the City Manager, the City Attorney or the City Clerk. All written documents, including the City Manager’s, the City Attorney’s or the City Clerk’s written reasons for such dismissal, and the reply of the dismissed appointee or employee, the findings and decisions of the Council, and any documentary evidence used at the hearing shall be filed with the proper office of the City as public records, open for inspection at any time. Nothing herein contained, however, shall be construed as in any way limiting the authority and power of the City Manager, the City Attorney or the City Clerk to remove any appointee or employee in the Unclassified Service of the City, so appointed or employed, and all such removals shall be final and conclusive. (c) No Fiscal Impacts. Except as expressly provided in Section 503, nothing in this Section 500 shall be construed to limit the budgetary authority of the City Council as respects the officers and employees under the supervision of the City Attorney. (E) Removal. The City Manager and the City Clerk may be removed at any time by a majority vote of the City Council. Other officers and employees in the Unclassified Service may be removed at any time by their appointing authority, and said removal shall be final and conclusive. The position of said officers and employees shall be forfeited and declared vacant if said officer or employee is convicted of a felony or crime involving moral turpitude. 2022-06-21 CRC Agenda Page 35 of 82 CharterYour Selections | Chula Vista, CA Page 29 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 501. Administrative Departments. The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions performed and the department performing such abolished functions. (A) City Manager Authority. The City Manager shall be responsible for the organizational structure of all departments subject to the City Manager’s direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the departments for which the City Manager is responsible.   (B) City Council Authority. The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter. Each department so created shall be headed by an officer designated as department head who shall be appointed by the City Manager, subject to the approval of the City Council The City Council, may assign, by ordinance or resolution, additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty otherwise assigned by this Charter to a particular office, department or agency. Sec. 502. City Clerk; Powers and Duties. The City Clerk shall have power and be required to: (a) AttendA) staff all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose; (b) MaintainB) maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use; (c) MaintainC) maintain a record of all written contracts and official bonds; (d) BeD) be the custodian of the seal of the City; (e) Administer(E) administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; 2022-06-21 CRC Agenda Page 36 of 82 CharterYour Selections | Chula Vista, CA Page 30 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (f) Have chargeF) administer all City elections; and (G) oversee the management of all City electionsrecords. In order to assist with such responsibilities, the City Clerk may appoint Assistant or Deputy City Clerks who shall be in the Unclassified Service, and other employees, subject to City Council approval as to number of positions and funding therefor. Sec. 503. City Attorney: Election, Powers and Duties. (aA) Designation as Officer; Election. The City Attorney shall be an officer of the City, in addition to any other officers designated pursuant to this Charter and the department head of the City Attorney’s Office.. The City Attorney shall be elected to said position by the voters of the City as set forth in subsection (c) below. 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 cityCity officials to advise the City while also acting in the best interests of the public. (b) B) Powers of the City Attorney.and Duties . The City Attorney shall: (1) Represent) represent and advise the City Council and all cityCity 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 herthe City Attorney, 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 with decision making authority; (2) Represent) represent, defend, and appear for the City, and any cityCity 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 herthe City  Attorney’s official capacity, is concerned or is a named party; (3) Attend) attend and advise at all regular and special meetings of the City Council and give his or her opinion in writing whenever requested to do so by the City Council or by any of; (4) oversee the boards or officers of the City; (4) Approve the formpreparation of all contracts made by and all bonds given to the City, endorsing approval thereonand approve the form of same in writing.; (5) Prepare) oversee the preparation of any and all proposed ordinances or resolutions for the City, and amendments thereto approve the form of same in writing; (6) Prosecute, if so directed by ordinance of) prosecute, in the City CouncilAttorney’s 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 2022-06-21 CRC Agenda Page 37 of 82 CharterYour Selections | Chula Vista, CA Page 31 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. jurisdiction with the District Attorney of the County of San Diego to prosecute persons charged with or guilty of the violation of the State laws occurring within the City limits of the City of Chula Vista for offenses constituting criminal misdemeanors; (7) Whenever a cause of action exists in favor of the City,) exercise discretion as to when to commence or maintain legal proceedings, subject to the approval or ratification by whenever a civil cause of action exists in favor of the City Council,and when the basis for such action is within the knowledge of the City Attorney, or, he or she shallsubject to the approval or ratification by the City Council; (8) consistent with all applicable ethical rules and guidance, commence or maintain legal proceedings as directed by the City Council; and (8) Surrender9) surrender to his or herthe City Attorney’s successor all books, papers, files and documents pertaining to the City’s legal affairs. The Council may empower In order to assist with such responsibilities, the City Attorney, at his or her request, to may appoint Assistant or Deputy City Attorneys, who shall be in the Unclassified Service, and other employees, subject to City Council approval as to number of positions and funding therefor. The City Attorney may also employ special legal counsel, and he or she shall have the power to appoint and appraisers, engineers andor other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter. as the City Attorney deems necessary or appropriate, to assist with performance of the above-described duties, subject to available funds and the 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 officeofficer or employee of the City acting in histheir official capacity, such other officer mayor employee may be authorized to retain special legal counsel at City expense. Nothing in this Section 503503 shall be construed to prevent the City Attorney from giving confidential advice to the City when otherwise allowed by law. (c) 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 equivalent 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 for budgeted -travel and other expenses when on official duty out of the City consistent with City policies. The City Council may also provide, by resolution, for the payment of an allowance of a sum certain per month, as reimbursement for 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 employeesdepartment heads of the City, as established by the City Council from time to time. The City Attorney shall be in the Unclassified Service. (d) Qualifications of D) Residency Requirements. The residency requirements for the City Attorney. 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, same as the residency requirements for the Mayor, as set forth in section 300(A)(1) of this Charter. 2022-06-21 CRC Agenda Page 38 of 82 CharterYour Selections | Chula Vista, CA Page 32 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (E) Qualifications Requirements. The City Attorney shall be licensed to practice law in all courts of the State of California, and be so licensed for at least seventen years preceding his or hertheir assumption of office following election under this charterCharter. (e) F) Term of Office of the City Attorney. The City Attorney shall be elected to a nominal term of four years and, which term shall commence on the first Tuesday of December ofupon the yeartaking of the election,oath of office and shall continue until a qualified successor qualifiestakes the oath of office, or until the City Attorney vacates the seat, whichever occurs first. 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. The City Attorney shall be subject to the same limits on terms of service as are applicable to the Mayor and the City Council under Charter Section 300(C). (f) G) Vacancy, Filling of. Upon thea 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 24twenty-four 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 Charter Section 303.303(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. (g) H) 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 herthe person’s term is to begin, dies, resigns, ceases to be a resident of the State or absents himself or herselfCity is absent continuously from the State for a period of more than thirty days without permission from the Council, absents himself or herselfis absent 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 no longer licensed as an attorney in the State, is permanently so disabled as to be unable to perform the duties of his or herthe office, forfeits his or herthe office under any 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. 503.1504. Office of LegislativeConflict Counsel; Duties. Notwithstanding any other provision of this Charter, the Council may establish by ordinance the office of Legislativehire Conflict Counsel, as described in this section. (a) Legislative  (A) Appointment or Dismissal. Conflict 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 LegislativeConflict Counsel shall be approved by a majority vote of the Council. (b) Legislative Counsel may advise the Council regarding its legislative duties. 2022-06-21 CRC Agenda Page 39 of 82 CharterYour Selections | Chula Vista, CA Page 33 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (B) Scope of Work. Legislative Counsel shall neither oppose nor urge enactment of any legislation. (c) Legislative Counsel may also advise the Council regardingonly advise the Council: (1) on matters where the City Attorney has determined that the City Attorney has a conflict of interest; (2) on matters relating to City Councilmember conflicts of interest involving the City Attorney,; and/or (3) on whether the hiring of special counsel is therefore warranted. If if both the City Attorney and Conflict Counsel have a conflict of interest (if the Council approves the hiring of such special counsel, LegislativeConflict 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. (e) ). The Council may further provide by ordinance that the advice of the Legislative Counsel on the matters set forth in this section 503.1Charter 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. (C) Responsibility in the Event of Legal Challenge. At the discretion of the City Council, the Conflict Counsel shall be responsible for defending the City in the event of any legal challenge to City action(s) taken in reliance on such advice. Sec. 505. Sec. 504. Director of Finance; Powers and Duties. There shall be a Finance Department headed by a Director of Finance, who shall have power and be required to: (a) Have charge of the administration ofA) administer the financial affairs of the City under the direction of the City Manager; (b) CompileB) compile the budget expense and income estimates for the City Manager; (c) Supervise(C) supervise and be responsible for the disbursement of all monies and have control over all expenditures to insureensure that budget appropriations are not exceeded; auditreview all purchase orders before issuance; auditreview and approve before payment all bills, invoices, payrolls, or demands against the City government and with the advice of the City Attorney, when necessary, determine the regularity, legality 2022-06-21 CRC Agenda Page 40 of 82 CharterYour Selections | Chula Vista, CA Page 34 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. and correctness of such claims, demands or charges; (d) MaintainD) maintain a general accounting system for the City government and each of its offices, departments and agencies; (e) KeepE) keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance,; require reports of the receipts and disbursements from each receiving and expending agency of the City government to be made daily or at such intervals as deemed expedientappropriate; (f) SubmitF) submit to the City Council, through the City Manager, a quarterly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; as of the end of each fiscal year and within one hundred and twenty120 days thereafter, submit to the City Council a summary statement of receipts and disbursements by departments and funds, including opening and closing fund balances in the treasury, and cause said statement to be published once in the official newspapermade available for inspection by the public; (g) CollectG) collect all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federalfederal government; or from any court or from any office, department or agency of the City; (h) HaveH) have custody of all public funds belonging to or under the control of the City or any office, department or agency of the City government and deposit all funds in such depository as may be designated by resolution of the City Council, or if no such resolution be adopted, by the City Manager, and in compliance with all the provisions of the State Constitution and the laws of the State governing the handling, depositing and securing of public funds; and (i) SuperviseI) supervise the keeping of current inventories of all personal property of the City by all City departments, offices and agencies. Sec. 505. Duties of Officers and Employees. The City Council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. 2022-06-21 CRC Agenda Page 41 of 82 CharterYour Selections | Chula Vista, CA Page 35 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 506. City Council Authority to Add or Consolidate Functions (A) Combining Powers and Duties of Offices. Where the positions are not incompatible, the City CouncilManager may combine in one person the powers and duties of two or more offices created or provided for in the Charter., subject to City Council approval. No office provided in this Charter to be filled by appointment by the City Manager may be combined with an office provided in this Charter to be filled by appointment by the City Council. However, the (B) Transfer To or Consolidation With State, County, or Other City Governments. The City Council may also transfer or consolidate functions of the City government to or with appropriate functions of the State or, County, or other city government, or may make use of such functions of the State or, County government, or other city governments to supplement or replace City functions. In such case, the provisions of this Charter providing for the function of the City government so transferred or consolidated are suspended, and shall be covered by ordinance or resolution establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in like manner. Sec. 506507. Administering Oaths. Each department head or deputytheir designee shall have the power to administer oaths and affirmations onin connection with any official business pertaining to that department, subject to the approval of the City Manager. Sec. 508. Sec. 507. Department Heads; Appointment Powers. Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council in the City’s budget for their department or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by Section 500(a) of this Charter, and subject to priorthe approval of the City Manager. 2022-06-21 CRC Agenda Page 42 of 82 CharterYour Selections | Chula Vista, CA Page 36 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 509. Sec. 508. Illegal Contracts; Financial Interest. (A) Financial Interest Prohibited. No member of the City Council, department head, or other officer of the City (except a member of any board or commission), shall be financially interested, directly or indirectly, in any contract, sale, or transaction to which the City is a party, or as otherwise described in Article 4 of Division 4 of Title 1 (commencing with Section 1090) of the Government Code of the State. No member of any board or commission shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the board or commission of which such person is a member, for approval or other official action or which pertains to the department, office or agency of the City with which such board or commission is connected. (B) Forfeiture of Office in the Event of Violation. Any member of the City Council, department head, or other officer of the City who has a financial interest in any contract, sale, or transaction made by such person in their official capacity, or by any body of which they are a member, in violation of Article 4 of Division 4 of Title 1 (commencing with Section 1090) of the Government Code of the State, or any successor provision thereto, upon conviction thereof, and in addition to any other penalty imposed for such violation, shall forfeit their office or position of employment with the City. (C) Option to Void Contract, Sale or Transaction. Any contract, sale, or transaction, in which there shall be such an interest, as specified in this section, shall become void at the election of the City, when so declared by resolution of the City Council.Sec. 509. Sec. No member of the City Council, department head or other officer of the City, or member of any board or commission shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation where the only interest in the corporation is that of a stockholder and the stock so owned shall amount to less than three percent (3%) of all of the stock of such corporation issued and outstanding. If any member of the City Council, department head or other officer of the City, or member of a board or commission shall be financially interested as aforesaid, upon conviction thereof, shall forfeit the office in addition to any other penalty which may be imposed for such violation of this Charter. 2022-06-21 CRC Agenda Page 43 of 82 CharterYour Selections | Chula Vista, CA Page 37 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. 510 Sec. 509. Acceptance of Other Office. Any elective officerfull-time Elected Officer of the City who shall acceptaccepts or retainretains any salaried public office, except as provided in this Charter, shall be deemed thereby to have vacated said office under City government. Sec. 511. Sec. 510. Nepotism. Limitations on Appointment of Relatives. (A) City Council. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more members of such City Council, provided that such prohibition shall not apply to persons who achieved permanent salaried status prior to the date upon which any such relative became elected or appointed to such City Council. (B) Department Heads and Other Officers. No department head or other officer having appointive power shall appoint to a salaried position under the City government any person who is a relative by such appointing authority within the third degree by blood or marriage, provided that such prohibition shall not apply to persons who achieved permanent salaried position prior to the effective date of such appointing authority assuming such position, and provided the City Manager approved in writingapproves such appointment in writing. 2022-06-21 CRC Agenda Page 44 of 82 CharterYour Selections | Chula Vista, CA Page 38 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 512. Sec. 511. Official Performance Bonds. The City Council shall fix by ordinance or resolution which officers shall give bonds for the performance of their official duties and fix the amounts and terms of the official bonds of all officials or employees who are required by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on officialsuch bonds shall be saidpaid by the City. Sec. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of a subordinate, unless such superior officer was a part to, or conspired in, such wrongful act or omission. 513. Sec. 512. Oath of Office. Each member of the City Council and of, every board and commission member, and each officer, department head and full-time employee, before beginning the duties of thetheir office, shall take, subscribe to and file with the City Clerk the followingrequired oath or affirmation: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of theof office under State of California; that I will, in all respects, observe the provisions of this Charter and the ordinances of the City of Chula Vista; that I will faithfully discharge the duties of the office of (here inserting the name of office) according to the best of my ability; and that I do not advocate the overthrow of the government of the United States by force or violence.”law. 2022-06-21 CRC Agenda Page 45 of 82 CharterYour Selections | Chula Vista, CA Page 39 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. ARTICLE VI. APPOINTIVE BOARDS AND COMMISSIONS Sec. 600. In General. There shall be the boards and commissions enumerated in this articleArticle which shall have the powers and duties set forth in this Charter. In addition, the City Council, may create, by ordinance, such boards or commissions as, in its judgment, are required and may grant to them such powers and duties as are consistent with the provisions of this Charter. Such boards and commissions shall consult with and advise the Mayor, Council or City Manager as may be provided herein or in the ordinances establishing such boards and commissions, but they shall have no authority to direct the conduct of any department. Sec. 601. AppropriationsFunding and Compensation. (a) Appropriations.(A) Funding. The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of suchCity boards and commissions. (bB) Compensation. The[Unless otherwise specified by City ordinance, members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorizationare approved in advance by the City CouncilManager and provided for in an approved City budget. . Sec. 602. . Appointments;, Terms, and Vacancies. (aA) Appointments and Terms. The members of each of such boards City board or commissionscommission shall be appointed, and shall be subject to removal, by motionaction of the City Council adopted by at least three affirmative votes... The members thereofof such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed and qualified. Members of such boardsBoard and commissionscommission members shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the body upon which the member had served; provided, further, that for. ; For the purpose of this section, an 2022-06-21 CRC Agenda Page 46 of 82 CharterYour Selections | Chula Vista, CA Page 40 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. appointment to fill an initial term or an unexpired term of less than two (2) years in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of two (2) years shall be considered to be a full term. (bB) Initial Classification of Appointees. The members first appointed to such boards and commissions shall so classify themselves by lot so that each succeeding the first day of July 1stof every year , the term of one (1) of their number shall expire. If the total number of members of such body to be appointed exceeds four (4),, the classification by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one (1) member shall expire on each succeeding the first day of July 1stof every year. (cC) Vacancies. Vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission (1) is absent from three (3) regular meetings of such body consecutively, unless by permission of such board or commission expressed in its official minutes, or (2)is convicted of a felony or crime involving moral turpitude, or (3) ceases to be a qualified electorresident of the City, or (4) otherwise ceases to be qualified to hold such position, then such member shall forfeit their office and the office shall become vacant and shall beonce so declared by the City Council. (dD) Eligibility. All voting members of City boards and commissions shall be qualified electors in the City of Chula Vista with the exception of Youth Commissioners who need only be must be residents of the City of Chula Vista. The City and at least 18 years of age. For purposes of this Charter, a “resident” is any person whose “domicile,” as that term is defined in the California Elections Code, is within the City. Notwithstanding the foregoing, the City Council may appoint non-electors of the City of Chula Vistaresidents to those boards and commissions which are advisory only and whose duties involve regional issues.(1) where expressly allowed under this Charter for the boards and commissions specifically provided for herein, and (2) where the City Council has specifically provided for non-residents to be qualified for boards and commissions created by ordinance. . Appointment of non-electorsresidents to such boards and commissions must be passed by at least four affirmative votes.-fifths vote. The age requirement shall not apply to members of boards and commissions on which youth members are permitted to serve by City ordinance. Districting Commission members must also be registered voters of the City, pursuant to Section 300.5. No person may be appointed nor shall serve on more than one of the Charter-created boards board or commissionscommission simultaneously unless otherwise approved by the City Council in accordance with City Council policy. 2022-06-21 CRC Agenda Page 47 of 82 CharterYour Selections | Chula Vista, CA Page 41 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 603. Meetings; Chairman. Meeting Procedures. (A) Presiding Officer. As soon as practicable, following the first day of July 1st of every year, each of such boards and commissions shall organize by electingselect one of its members to serve as presiding officer for the ensuing year. (B) Meetings. Each board or commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as such board or commission may require. All proceedings of Charter or City Council created boards and commissions shall be open to the public, except as authorized by applicable law. The (C) Votes Required for Action. Unless a higher number of votes is required by this Charter or by ordinance, the affirmative vote of a majority of the entire membership of suchthen appointed and sworn in board or commission members shall be necessary for it to take any action except to adjourn. (D) Staff Liaison. The City Manager shall designate a staff liaison [and a secretary for] to staff and record the recording of minutes for each such board and commission, who shalland to keep a record of its proceedings and transactions.actions. (E) Additional Rules and Regulations Allowed. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of whichother applicable laws. Such rules and regulations shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each shallIf established by ordinance, a board or commission may have the same power as the City Council to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it if such power is expressly provided to them by ordinance. Sec. 604. Oaths; Affirmations. Each member of any such board or commission shall have the power to administer oaths and affirmations in any investigations or proceedings pending before such board or commission. 2022-06-21 CRC Agenda Page 48 of 82 CharterYour Selections | Chula Vista, CA Page 42 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 605. Planning Commission. (A) In General. There shall be a City Planning Commission consisting of seven (7) members to be appointed by the City Council from the qualified electorsresidents of the City, none of whom shall hold any paid office or employment in the City government. The number of members to comprise the commission mayPlanning Commission shall be changedestablished by ordinance of the City Council toat not less than five (5) nor more than nine (9) members... The services of the Director of Public Works, City Attorney and Director of Building and Housing shall be made available to such commission. Sec. 606. Planning Commission;(B) Powers and Duties. The Planning Commission shall have the power and duty to: (a) Recommend (1) recommend to the City Council, after a public hearing thereon, the adoption, amendment, or repeal of a Master Planmaster plan or any part thereof for the physical development of the City; and (b) Exercise (2) exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance.(C) Staff Support. The services of the Director of Development Services, the Director of Building and Housing, and the City Attorney, or their designees, shall be made available to support the activities of such commission. Sec. 606. Sec. 607. Board of Library Trustees. (A) In General. There shall be a Board of Library Trustees consisting of at least five (5) members to be appointed by the City Council from the qualified electorsresidents of the City and no. No member of said board shall hold any paid office or employment in the City government. The number of members to comprise the Board may be changed by ordinance of the City Council. 2022-06-21 CRC Agenda Page 49 of 82 CharterYour Selections | Chula Vista, CA Page 43 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 608. Board of Library Trustees;(B) Powers and Duties. The Board of Library Trustees shall have the power and duty to: (a (1) Act in anyan advisory capacity to the City Council in all matters pertaining to City libraries; and (b (2) Recommend to the City Council the adoption of such bylaws, rules and regulations as it may deem necessary and appropriate for the administration and protection of city libraries. Sec. 607. Sec. 609. Civil Service Commission. (A) In General. There shall be a Civil Service Commission consisting of five (5) members to be appointed by the City Council from the qualified electorsresidents of the City, none. No member of whomsuch commission shall hold any salaried City paid office or employment in the City government. (B) Appointment Process. The members of the Civil Service Commission shall be nominated and appointed in the following manner: Two(1) two members shall be appointed by the City Council from a list of four (4) persons to be nominated by election of the employees in the Classified Service,; (2) two (2) members shall be appointed by the City Council directly,; and (3) the fifth member shall be appointed by the City Council from a list of three (3) persons nominated by the four (4) thus appointed. The successor of any member of the Commission shall be nominated and appointed in the same manner as such member was nominated and appointed. The term of the members of the Civil Service Commission shall be four (4) years. Members shall hold office until their respective successors are appointed. The terms of members shall commence on the first day of July and as soon as practicable upon the appointment of three (3) members after ratification of this amendment, the Civil Service Commission shall organize by electing one of its members to serve as chairman at the pleasure of the Commission. All proceedings of said Commission shall be open to the public and a majority vote of the entire membership of such Commission shall be necessary for it to take action. 2022-06-21 CRC Agenda Page 50 of 82 CharterYour Selections | Chula Vista, CA Page 44 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 610. Civil Service Commission;(C) Powers and Duties. The Civil Service Commission shall have power and be requiredduty to: (a (1) Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of civil service rules and regulations not in conflict with this articleArticle; (b (2) Hear appeals of any person in the Classified Service relative to any suspension, demotion or dismissal; (c (3) Conduct any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the City Council; and (d (4) Such other duties and powers as the City Council may, by ordinance or resolution, confer upon the Commission in order to carry out the principles of civil service in accordance with the laws of the State of California and this Charter and to assist in the implementation of proper employer-employee relations. Sec. 611. Sec. 608. Parks and Recreation Commission. (A) In General. There shall be a Parks and Recreation Commission consisting of at least five (5) members to be appointed by the City Council from the qualified electorsresidents of the City and no. No member of said Commission shall hold any paid office or employment in the City government. The number and qualifications of members to comprise the commission may be changed by ordinance of the City Council. In the event the City Council contracts with other agencies interested in recreation and parks for joint exercise of any such functions, such contract may provide for representation on the Commission of representatives of such agencies during the existence of such contract or extensions thereof. Sec. 612. Parks and Recreation Commission; (B) Powers and Duties. The Parks and Recreation Commission shall have the power and duty to: (a) Act1) act in an advisory capacity to the City Council in all matters pertaining to parks, recreation centers, sports fields and playgrounds; 2022-06-21 CRC Agenda Page 51 of 82 CharterYour Selections | Chula Vista, CA Page 45 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (b) Consider (2) consider the annual budget for parks and recreation purposes during the process of its preparation and make recommendations with respect thereto to the City Council and the City Manager, and (c) Assist (3) assist in the planning of a recreation program for the inhabitants of the City, promote and stimulate public interest therein and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. ARTICLE VII. CIVIL SERVICE Sec. 700. Merit Principle. Composition of the City Workforce. The City workforce shall be comprised of Unclassified Service employees and Classified Service Employees. Appointments and promotions in the Classified Service of the City shall be made according to merit and fitness and from eligible lists to be established in accordance with civil service rules and regulations adopted in the manner provided in this Charter. Sec. 701. Unclassified and Classified Service Designations. The Civil Service employees of the City shall be divided into the Unclassified Service and the Classified Service. positions as follows: (aA) Unclassified Service. The Unclassified Service shall include the following officers and positions: (1) All elective officersall Elected Officers; (2) City Manager, Assistant City Manager, Deputy City Manager, Director of Finance, City Clerk, City Attorney, Assistant or Deputy City Attorneys, a private secretary to the City Manager, a private secretary to the Mayor and Council, a private secretary to the City Attorney, department heads; orand as provided in Section 500500 of this Charter.; (3) Allall members of boards and commissions; 2022-06-21 CRC Agenda Page 52 of 82 CharterYour Selections | Chula Vista, CA Page 46 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (4) Positionspositions in any class or grade created for a special or, temporary purpose and which may exist for a period of not more than ninety (90) days in any one calendar year; (5) Personspersons employed to render professional, scientific, technical or expert service of any occasional and exceptional character; (6) Partpart-time employees paid on an hourly or per diem basis; and (7) Personspersons employed to fill positions which have been created for work and/or projects funded entirely or in part by grants made to the City or as provided and as designated by the City Council pursuant to Charter Section 500 of this Charter.500; and (8) The City may place Assistant and Deputy Department Heads, Assistants to the City Manager and newany additional [senior?] management level positions in the Unclassified service by an ordinance adopted by a four-fifth’s voteapproved by the City Council in accordance with Charter Section 500.  (bB) Classified Service. The Classified Service shall comprise all positions not specifically included by this section in the Unclassified Service. Sec. 702. Civil Service Rules and Regulations. TheThe rules and regulations of the City governing the terms of employment for the Classified Service shall be known as the “Civil Service Rules.” Civil Service rules and regulations shall provide for the following matters, in addition to such others as the Civil Service CommissionCity Council may deem necessary, proper or expedientappropriate to carry on the intent and purpose of the Civil Service provisions of this Charter. (aA) The classification of all positions in the classified service. (bB) The selection, employment, advancement, suspension, demotion, discharge and retirement of all persons in the Classified Service. (cC) The recruitment of applicants for City positions through public advertisement inviting applications and by the establishment of lists according to the merit and fitness of the applicants, to be determined by free examinations in accordance with such rules. The holding of promotional examinations to fill vacancies where promotional examinations are practicable in the opinion of the Civil Service Commission. (dD) The certification of three names standing highest on the eligible list to the appointing authority to fill a position in the Classified Service, unless the Civil Service Commission, with the consent of the appointing authority power, authorized the certification of less than three names on an eligible list and, in the opinion of such Commission and such appointing power, conditions warrant such action. 2022-06-21 CRC Agenda Page 53 of 82 CharterYour Selections | Chula Vista, CA Page 47 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 703. Appointments from Classified Service Positions. In the event an officer or employee of the City holding a position in the Classified Service is appointed to a position in the Unclassified Service, and should ,within six months thereafter be, such officer or employee is removed or resign therefromresigns from such Unclassified Service position, the officer or employee shall revert to their former position in the Classified Service without loss of any rights or privileges and upon the same terms and conditions as though service had been continuous in said position. Sec. 704. Temporary Appointments. (a) (A) Heads of Departments. Temporary appointments to the head of any department where a vacancy may occur shall be made by the City Manager, subject to Council approval.ratification [for any appointment of longer than one year]. (b) B) Classified Service. Temporary appointments for positions in the Classified Service shall be made by the head of each department in which such a vacancy may occur, subject to the approval of the City Manager, of persons not on the eligible list in the event that no eligible list has been prepared for this position, or that those on the eligible list are not immediately available, or during the suspension of an employee or officer, or pending final action on proceedings to review a suspension, demotion or dismissal of an employee or officer. Such temporary appointments shall notmay continue for a longer period than six months.up to one year, except as otherwise required [or allowed] by law. No credit shall be allowed in the giving of examinations for service rendered under a temporary appointment. Sec. 705. Abolishment of Positions; Rights of Reinstatement. Whenever in the judgment of the City Council it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists,or appropriate the City Council may abolish or reduce any position or employment(s) in the Classified Service and discharge or reduce the position or employment. Should any such employee or officer holding such position or employmentbe reinstated or a substantially similar position involving all or thea major part of the same duties be reinstated or created within two years, the employee or officer discharged or reduced shall be entitled to be appointed thereto in preference to any other qualified persons on the eligible list for such position. 2022-06-21 CRC Agenda Page 54 of 82 CharterYour Selections | Chula Vista, CA Page 48 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 706. Contract for Performance of Administrative Functions. The City Council may contract with the governing body of a city or county within this stateState, or with a stateState department or other public or private agency for the preparation or conducting of examinations for positions in the City service or for the performance of any other personnel administration service. Sec. 707. Improper Political Activity. No elective or appointive officer or employee of the City of Chula Vista, whether employed in the Classified or Unclassified Service, shall: (a) DirectlyA) directly or indirectly use, promise, threaten or attempt to use any official influence in the aid of any partisan political activity, or to affect the result of any election to partisan or political office or upon any other corrupt condition orotherwise act or fail to act, in their official capacity as a result of any or partisan or political consideration; (b) SolicitB) solicit or coerce from any other officer or employee of the City of Chula Vista, any political assessment, subscriptionpayment, or contribution; or membership; or (c) UseC) use any office or position with the City in any activity in support or opposition to any person running for the City of Chula Vista Council or Mayorany elected office. Nothing in this article shall be construed to prevent any such officer or employee from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting their vote or from seeking or accepting election or appointment to public office. Any willful violation thereof or violation through culpable negligence shall be sufficient grounds to authorize the discharge of an officer or employee. Any willful violation, or violation through gross negligence, of the prohibitions in this Section, in addition to any other remedies provided in this Charter for violations hereof, shall be sufficient grounds to authorize the discharge of an officer or employee from their employment with the City. No person in the Unclassified or Classified Service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief, except that no one shall be eligible to hold a position with this City who advocates the overthrow of our form of government by force or violence. 2022-06-21 CRC Agenda Page 55 of 82 CharterYour Selections | Chula Vista, CA Page 49 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. ARTICLE VIII. RETIREMENT Sec. 800. State System. Plenary authority and power are hereby vested in the City, its City Council and its several officers, agents and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of the State Employees’ Retirement Act, as it now exists or may hereafter be replaced or amended, to enable said City to continue as a contracting city participating in the said retirement system. The City Council may terminate any such contract with the Board of Administration of the State Employees’ Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City, voting on such proposition at any election at which such proposal is presented. ARTICLE IX. ELECTIONS Sec. 900. General Municipal Elections; Terms. GeneralTiming, Nominations, District Designation, and Candidate Provisions. (A) Timing. Primary municipal elections for the election of Mayor and, Councilmembers, and City Attorney, and for such purposes as the City Council may describe, shall be held in the City of Chula Vista on the same date in each election year as the California State primary elections. General municipal elections for the election of Mayor, Councilmembers, and City Attorney, and for such purposes as the City Council may describe, shall be held in the City of Chula Vista on the same date in each election year as the State general elections. (B) Nominations. [PLACE HOLDER – GLEN TO ADD LANGUAGE] Only residents of the City can nominate for Mayor. Only residents of district can nominate Councilmember for that district. No one can nominate more than one candidate for a single office. (C) Designation of Council District. Each Council district shall be numbered one through four respectively. Any person running for the office of Councilmember shall designate one of the numbered Council districts as the office for which such person seeks election on their nominating papers. Should a vacancy occur at any time 2022-06-21 CRC Agenda Page 56 of 82 CharterYour Selections | Chula Vista, CA Page 50 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. 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. (D) Write-in Candidates. In order to participate as a write-in candidate in a municipal election, a prospective write-in candidate must qualify to run in the primary municipal election pursuant to the standards set forth in this section of the Charter and State law. In order to participate in a run-off general municipal election, a qualified write-in candidate must be one of the top two vote getters for the seat for which they qualified in the primary municipal election per the standards set forth above. [PLACE HOLDER FOR GLEN: If no primary municipal election, write in candidates must qualify to run in November election] Except as expressly provided in this paragraph, no write-in candidate shall be eligible to run for office in any municipal election. (E) Death of a Candidate. If one of the two eligible candidates in a run-off general municipal election dies, and the City Clerk is notified of and confirms the death on or before the deadline to file the names of the candidates with the County elections official for such election, the deceased candidate’s name shall not be placed on the ballot. Instead, immediately upon confirming the death, the City Clerk shall offer, in writing, the opportunity to be placed on the ballot in lieu of the deceased to the candidate receiving the third highest number of votes in the primary municipal election . Such candidate shall notify the Clerk in writing whether they have accepted or rejected the offer within five calendar days of receipt of the City Clerk’s offer . Any acceptance must be accompanied by any and all required candidate documents for that election. If the candidate timely accepts, and timely files the required documents, they will be added to the ballot and the run- off general municipal election will be held. If the candidate rejects the offer, or fails to timely respond, there shall be no run-off election, and the remaining candidate shall be deemed elected as of the date the death of the deceased candidate was confirmed. Sec. 901. Primary, General, and Special Municipal Elections. (A) Primary Municipal Elections. In the primary municipal election for Councilmembers, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one candidate from their district. The two candidates for Councilmember in each district receiving the highest and second highest number of votes cast by the voters of their district shall be the candidates in the general municipal election to be held on the same date as the statewide election date immediately following the primary municipal election. Notwithstanding the foregoing, if only two qualified candidates for the office of Mayor, or for a Councilmember district seat, file nomination papers to participate in the primary municipal election for such office, no primary municipal election shall be held for such office. Instead such candidates shall be the only two candidates in the general municipal election for that office. If two or more candidates for an office tie in the receipt of the highest number of votes for such office in the primary municipal election, all such candidates 2022-06-21 CRC Agenda Page 57 of 82 CharterYour Selections | Chula Vista, CA Page 51 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. shall appear on the general municipal election ballot for such office to the exclusion of all other candidate(s). If one candidate for an office receives the highest number of votes and two or more candidates for that same office tie in the receipt of the second-highest number of votes, all such candidates for such office shall appear on the general municipal election ballot. These same rules apply for the Mayoral election, except without reference to districts. (B) General Municipal Election. If no statewide election is conducted, the general municipal election will be held on the first Tuesday after the first Monday of November of each even numbered year. In the general municipal election for Councilmembers, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one candidate from their district. The candidate for Councilmember from each such district receiving the highest number of votes cast from that district shall be elected. Ties at any general municipal election shall be resolved by a random selection method chosen and administered by the City Clerk. These same rules apply for the Mayoral election, except without reference to districts. (C) Special Municipal Elections. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Sec. 902. Procedure for Holding Elections. Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of CaliforniaElections Code , as the same now exists or may hereafter be amended, for the holding of elections in general law cities so far as the same are not in conflict with this Charter. Said elections except for Councilmembers and Mayor may, at the discretion of the City Council, be conducted by means of a mailed ballot eliminating customary polling place operations. Sec. 903. Initiative, Referendum and Recall. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers.Elective Officers. The provisions of the Elections CodeElections Code of the State of Californiaa, as the same now exists or may hereafter be amended governing the initiative and referendum and of the recall of municipal officersElected Officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with this Charter. 2022-06-21 CRC Agenda Page 58 of 82 CharterYour Selections | Chula Vista, CA Page 52 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 904. Regulations of Campaign Contributions. It is the policy of the City to avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions. In furtherance of that purpose, the City Council shall adopt reasonable regulations related to campaign contributions which shall be contained in the City Code. Sec. 905. Districting Commission Establishment and Redistricting Process. (A) Establishment of Districting Commission; Composition; Powers and Duties. (1) Establishment of Commission. There shall be established a seven member Districting Commission, hereinafter “Commission,” for the initial purpose of recommending to the City Council the Council districts by which Councilmembers shall be elected, and thereafter recommending to the City Council adjustments to the boundaries of such Council districts in response to shifts or increases in district populations indicated in each Federal Decennial Census and other factors more particularly set forth in this Section. As used in this Section, the term “Federal Decennial Census” shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. (2) Redistricting Plan Recommendations. Each Commission shall recommend, and the City Council shall approve, a Redistricting Plan for adjusting the boundaries of the four Council districts within one year of receipt of the final Federal Decennial Census information for use commencing with the next scheduled primary municipal election occurring at least three months after adoption of the Final Redistricting Plan. The City Council may amend this timeline, or other timelines set forth in this Section, by resolution, as necessary to respond to State statutory deadlines or other exigent circumstances. (3) Consultants. As necessary, one or more 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 detailed in this Section. (B) Ordinances Implementing Districting Commission Powers and Duties; Appropriations to Support Districting Commission. (1) The City Council shall adopt such ordinances as are necessary to provide for and support the Commission, and to ensure timely selection of Commission members and full implementation of the Commission’s powers and duties under this Section. (2) The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow the Commission to carry out its powers and duties under this Section. 2022-06-21 CRC Agenda Page 59 of 82 CharterYour Selections | Chula Vista, CA Page 53 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (C) Eligibility to Serve on the Commission. (1) Only persons who are both residents and registered voters of the City are eligible to apply for and serve on the Commission. (2) Notwithstanding that they may be a resident and registered voter of the City o, the following persons are ineligible to apply for and serve on the Commission: (a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; (b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; (c) a person who, at any time within the four years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; (d) a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City; (e) a person who, at any time within the four years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist” means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City official, for purposes of influencing a municipal decision; (f) a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and (g) a person who, at any time within the four years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for an elected City official. (D) Selection of Commission Members; Filling of Vacancies. (1) The City Charter Review Commission shall review and verify the information contained in the applications submitted by persons interested in serving on the Commission, including applicants’ eligibility to serve on the Commission under Section 300.5(C). From the reviewed and verified applications, the City Charter Review Commission shall select ten persons to constitute the pool of eligible applicants.(2) Four Commission Members shall be randomly selected from the pool of eligible applicants; 2022-06-21 CRC Agenda Page 60 of 82 CharterYour Selections | Chula Vista, CA Page 54 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. (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) persons who reflect the racial, ethnic, gender, 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 a four-fifths vote 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. (4) In the event that not enough eligible persons apply for the Commission to allow selection in the manner provided in Paragraphs 1, 2, or 3 of Section 300.5(D), the City Council shall appoint persons as necessary to fill all seven seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of Section 300.5. (5) Vacancies. A vacancy on the Commission shall be declared for the same reasons described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall, if possible, be filled using the same process described in Paragraph 3 of Section 300.5, and if not possible, then by the City Council consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of Section 300.5. Vacancies on the Commission shall be filled within forty-five days of the date upon which the vacancy existed. (E) Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council. (1) Commission Members shall serve without compensation , but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. (2) A person who serves as a Commission Member is ineligible to serve on, and shall not seek election to, the City Council in any district whose boundaries were drawn or adjusted by the Commission on 2022-06-21 CRC Agenda Page 61 of 82 CharterYour Selections | Chula Vista, CA Page 55 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. which such person served for a period of four years immediately following the end of the person’s service on the Commission. (F) Districting Criteria. The Commission and City Council shall adhere to the following criteria in considering and approving or disapproving any Redistricting Plan: (1) District shall have reasonably equal populations as required by the federal and State constitutions. (2) District boundaries shall be geographically compact and contiguous. (3) District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible. (4) District boundaries shall respect communities of interest to the extent practicable. A community of interest is defined as a geographic area comprised of residents who share similar interests including, but not limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi- governmental relationships, but not including relationships with political parties, incumbents, or candidates. (5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers. (6) District boundaries shall be drawn without regard for advantage or disadvantage to any political party. (G) Procedures for Creation of Draft and Recommended Redistricting Plans. The Commission and City shall abide by the following procedure in any districting process: (1) The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings and provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. (2) The Commission shall approve a Draft Redistricting Plan based on application of the districting criteria specified in Subdivision F of Section 300.5 and consideration of all public comments submitted. Approval of a Draft Redistricting Plan shall require the affirmative vote of at least five Commission members. The Commission shall hold at least two public meetings prior to approving a Draft Redistricting Plan. (3) A Draft Redistricting Plan approved by the Commission shall be made publicly available for at least thirty days before the Commission may take any action to approve a Recommended Redistricting Plan. The Commission shall hold at least two public meetings between the release of a Draft Redistricting Plan 2022-06-21 CRC Agenda Page 62 of 82 CharterYour Selections | Chula Vista, CA Page 56 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. and approval of a Recommended Redistricting Plan provided that the first such public meeting shall not be held sooner than seven days following the release of a Draft Redistricting Plan. (4) The Commission shall thereafter approve a Recommended Redistricting Plan for consideration by the City Council. Approval of a Recommended Redistricting Plan shall require the affirmative vote of at least five Commission Members. (5) For each Recommended Redistricting Plan prepared by the Commission and submitted to the City Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by the Commission to prepare the Recommended Redistricting Plan. Such a report shall accompany any Recommended Redistricting Plan submitted by the Commission to the City Council. (H) City Council Consideration of Recommended Redistricting Plan; Approval of Final Redistricting Plan. (1) The City Council shall hold at least one public hearing on the Recommended Redistricting Plan of the Commission before the City Council takes any action to approve or disapprove the Recommended Redistricting Plan. (2) The Recommended Redistricting Plan shall be made publicly available for at least fourteen days before any vote by the City Council to approve or disapprove a Recommended Redistricting Plan. (3) The City Council shall not alter the Recommended Redistricting Plan. Rather, the City Council shall approve or disapprove the Recommended Redistricting Plan in its entirety. (4) If the City Council approves a Recommended Redistricting Plan it shall immediately become the Final Redistricting Plan which shall be implemented by the City. (5) If the City Council disapproves a Recommended Redistricting Plan, the City Council shall immediately state in writing to the Commission the reasons for such disapproval, including any deviations by the Commission from the districting criteria specified in Subdivision F of Section 300.5. Thereafter, the Commission shall consider the City Council’s stated reasons for disapproval and may consider and approve alterations to the Recommended Redistricting Plan in response to those reasons. After such consideration, the Commission shall submit its Final Redistricting Plan to the City Council for immediate implementation by the City. Approval of such Final Redistricting Plan shall require the affirmative vote of five Commission Members. (I) Referendum or Legal Challenge to Final Redistricting Plan. (1) Any Final Redistricting Plan approved under this Section shall be subject to the referendum provisions of this Charter. If a referendum qualifies against any Final Redistricting Plan approved under this Section, the City shall continue to elect Councilmembers by district elections as provided in Section 300 using the existing Council districts until an election on the referendum is held. In either event, if the voters approve such a Final Redistricting Plan, the Council districts established in the Final Redistricting Plan shall become effective as soon as practicable. If the voters reject such a Final Redistricting Plan, the 2022-06-21 CRC Agenda Page 63 of 82 CharterYour Selections | Chula Vista, CA Page 57 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Commission shall, as soon as practicable, prepare and submit a new Recommended Redistricting Plan for consideration and approval by the City Council consistent with the process described in Section 300.5(G) of the Charter. (2) If a court of competent jurisdiction invalidates a Final Redistricting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Redistricting Plan for consideration and approval by the City Council consistent with the process described in Section 300.5(G) of the Charter. (J) Dissolution of Redistricting Commission. Each Commission established under Section 300.5 of the Charter shall cease operations and dissolve on the ninety-first day following approval of a Final Redistricting Plan, unless a referendum against the Final Redistricting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Redistricting Plan, in which case the Commission shall continue operations until a Final Redistricting Plan is implemented by the City. Notwithstanding the foregoing, if a lawsuit to enjoin or invalidate a Final Redistricting Plan is filed later than the ninety-first day following approval of a Final Redistricting Plan, the Commission shall automatically revive and continue operations during the pendency of such lawsuit and until a Final Redistricting Plan is implemented by the City. ARTICLE X. FISCAL ADMINISTRATION Sec. 1000. Fiscal Year. The fiscal year of the City government shall begin on the first day of July each year and end on the thirtieth day of June of the following year. Sec. 1001. Annual Budget. Preparation by the City Manager. The City Manager shall set a date for obtaining from each department head or other responsible City officer estimates of revenues and expenditures for thetheir particular department or office detailedfor the upcoming fiscal year in such manner as may be prescribed byform the City Manager prescribes. In preparing the proposed budget, the City Manager shall review the estimates and confer with the party submitting such estimates and revise such estimates as deemed advisable.the City Manager deems appropriate 2022-06-21 CRC Agenda Page 64 of 82 CharterYour Selections | Chula Vista, CA Page 58 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1002. Budget. Submission to the City Council. At least thirty-five days prior to the beginning of each fiscal year, the City Manager shall submit the City Manager’s proposed budget to the City Council. After reviewing same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing, by at least one insertion in the official newspaper. Copies of the proposed budget shall be(1) conditionally approve such budget as the City Council’s proposed budget, (2) set a public hearing no sooner than ten days thereafter at which the City Council shall hear and consider all public testimony and then be authorized to take final action to approve a final City budget, and (3) direct that copies of the proposed budget be made available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Sec. 1003. Budget. Public Hearing. At the properly noticed time so advertisedand date for the public hearing, or at any time to which such public hearing shall from time to time be adjournedbe continued, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity... Sec. 1004. Budget. Further Consideration and Adoption. After the conclusion of the public hearing, the City Council shall (1) further consider the proposed budget and,, (2), make any revisions thereof that itthereto they may deem advisable andbased on any new information, considerations or before June 30, it shalltestimony presented, and (3) adopt the budget with revisions, if any, by the affirmative votes of at least three members by no later than June 30. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. A copy thereof, certified by the City Clerk, shall be filed with the person retained by the City Council to perform auditing functions for the Council and a further copy shall be placed and shall remain on file in the Office of the City Clerk where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of departments, offices and agencies of the City. 2022-06-21 CRC Agenda Page 65 of 82 CharterYour Selections | Chula Vista, CA Page 59 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1005. Budget. Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered except appropriations for specific capital projects incomplete at the end of the fiscal year. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by thean affirmative votes of at least four members-fifths vote. Sec. 1006. Tax Limits. The tax limit for any ad valorem tax on real property shall be as prescribed by Article XIIIA of the Constitution of the State of California. Sec. 1007. Tax System. TheTo the extent permitted by the State Constitution, the procedure for the assessment, levy and collection of taxes upon property, taxable for municipal purposes may be prescribed by ordinance of the City Council. Sec. 1008. Bonded Debt Limit. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent (15%) 15% of the total assessed valuation, for the purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two-thirds of the electors voting on such proposition at any election at which the question is submitted to the electors and unless in full compliance with the provisions of the State Constitution and of this Charter. No bonds payable out of any revenues of the City or of any department thereof, shall be issued without assent of a majority of the voters voting upon the proposition of issuing the 2022-06-21 CRC Agenda Page 66 of 82 CharterYour Selections | Chula Vista, CA Page 60 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. same, at an election at which such propositions shall have been duly submitted to the qualified electors of the City, except to the extent State law provides otherwise for general law cities. The City may issue bonds, notes or other obligations, any portions of the proceeds of which will be used to finance in whole or in part the acquisition, construction, equipping or improvement of any public utility, industrial or commercial facility and which will be payable in whole or in part out of any revenues derived from the operation of such public utility system or payments received from such industrial or commercial facility without the assent of the voters provided that neither the faith and credit of the City or any department thereof nor the taxing power of the City is pledged to the payment of principal or interest of such bonds, notes or other obligations. Sec. 1009. Contracts on Public Works. When the City contracts for the construction, reconstruction, improvement or repair (excluding routine maintenance) of public buildings, streets, drains, sewers, utilities, parks, playgrounds and similar public facilities (each a “Public Work” and collectively, “Public Works”), the furnishing of labor, supplies, materials, equipment or other contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. The City Council shall, by ordinance, adopt specific policies and procedures for the award of Public Works contracts. This ordinance must contain provision for the following: (aA) City Council reservation of authority to approve what it defines as “major” contracts or “special” contracts, based on factors such as contract cost, value or other relevant factors; (b) Competitive(B) competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all “major” contracts; (c) TheC) the award of contracts to the lowest responsive and responsible bidder; (d) TheD) the ability to reject any and all bids, to re-advertise for bids, or to waive minor defects in any bid, where determined by the designated contract-approving authority that such action is necessary or appropriate for the benefit of the public; (e) Emergency(E) emergency authority to waive the applicable competitive bid process requirements if the City Manager determines that the work required is of urgent necessity for the preservation of life, health or property; and (f) SuchF) such other provisions consistent with this section as may be necessary or appropriate to implement a Public Works procurement process that is consistent with best practices. 2022-06-21 CRC Agenda Page 67 of 82 CharterYour Selections | Chula Vista, CA Page 61 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. The ordinance may also provide for one or more exceptions to the approval and competitive bid processes described in a. through c., above, provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at leasta four affirmative votes-fifths vote of the City Council. Notwithstanding any provisions of this Charter to the contrary, the City may employ a design-build process for the construction, reconstruction or repair of public works. A “design-build process” shall mean a process in which the design and construction of a project are procured from a single entity. Prior to employing the design- build process, the City shall establish, by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select design-build proposals by competitive bid or negotiation process. Sec. 1010. Centralized Procurement System and Competitive Bidding for Non-Public Works. The following provisions shall apply with respect to the procurement of non-public works: (a) A centralized) A purchasing system shall be established for the purchase, lease or other acquisition of all property, supplies, materials or equipment required by all City departments, offices and agencies. (bB) The City Manager shall recommend and the City Council shall consider and adopt, by ordinance, rules and regulations governing the purchase, lease or other acquisition of all such property, supplies, materials and equipment. (cC) The ordinance described in subsection (b), above, shall include provisions for competitive bidding. It shall also include such other provisions as may be necessary or appropriate to implement a procurement process that is consistent with best practices. The ordinance may also provide for one or more exceptions to the competitive bidding procedures, provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at leasta four affirmative votes-fifths vote of the City Council. Sec. 1011. Property Storage, Distribution, Inventory and Disposition. The City Manager shall establish a centralized system for the storage, distribution and inventory of all City property. The City Manager shall also prepare and recommend for City Council approval policies and procedures for the disposition of surplus City property. 2022-06-21 CRC Agenda Page 68 of 82 CharterYour Selections | Chula Vista, CA Page 62 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1012. Cash Basis Fund. (Repealed 11/5/85) Sec. 1013. Capital Outlays Fund. A fund for capital outlays generally is hereby created to be known as the “Capital Outlays Fund”. The City Council may create, by ordinance, a special fund or funds for a special capital outlay purpose. The City Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such purposes, in which event it must apportion and appropriate to any such fund or funds the monies derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus funds remaining on hand in the City at any time. Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. If the purpose for which any special capital outlay fund has been created has been accomplished, the City Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital outlays generally, established by this Charter. Sec. 1014. Departmental Trust Fund. The City Council shall prescribe, by ordinance, for the setting up of a “Departmental Trust Fund” into which the collections of the various departments, offices and agencies shall be deposited daily by the respective officers handling the receipt of such collections. Withdrawals from such fund may be made by the Director of Finance only on order signed by the proper department or division head. 2022-06-21 CRC Agenda Page 69 of 82 CharterYour Selections | Chula Vista, CA Page 63 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1015. Presentation of Demands. Any demand against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance, who shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, the Director of Finance shall approve such demand and draw a warrant on the City treasury therefor, payable out of the proper fund. Objections of the Director of Finance may be overruled by the City Council and the warrant ordered drawn. Sec. 1016. Registering Warrants. (Repealed 11/5/85) Sec. 1017. Independent Audit. The City Council shall employ, at the beginning of each fiscal year, a qualified accountant who, at such time or times as may be specified by the City Council, shall examine the books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and all such other officers, employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be made by such accountant directly toand a meeting of the City Council. One detailed copy shall be submittedmade available to each City Council member, one to the City Manager, Director of Finance and City Attorney, respectively, and threeone additional copiescopy to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. ARTICLE XI. BOARD OF EDUCATION (Deleted 11/5/85) 2022-06-21 CRC Agenda Page 70 of 82 CharterYour Selections | Chula Vista, CA Page 64 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. ARTICLE XII. FRANCHISES Sec. 1200. Granting of Franchises. Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication, terminal facilities, water, light, heat, gas, power, refrigeration, storage or other public utility or service, or using the public streets, ways, alleys, or places for the operation of plants, works, or equipment for the furnishing thereof or, to the extent allowed by law, traversing any portion of the City for the transmitting or conveying of any such service elsewhere, may be required by ordinance to have valid and existing franchises therefor. The City Council is empowered to grant such franchise to any person, firm or corporation, whether operating under an existing franchise or not. The City Council may prescribe the terms and conditions of any such grant. It may also provide by procedural ordinance, the method of procedure and additional terms and conditions of such grants, or the making thereof, subject to the provisions of this Charter. Nothing in this section or elsewhere in this article shall apply towhen the City, or any department thereof, whenis itself furnishing any such utility or service. Sec. 1201. Resolution of Intention. Notice and Public Hearing. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once, within fifteen days of the passage thereof, in the official newspaper.. Said notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and modify the proposed terms and conditions, if desired, and its decision thereon shall be final and conclusive. Thereafter, it may grant or deny the franchise on the terms and conditions specified in the resolution of intention to grant the same, or as modified, subject to the right of referendum of the people. 2022-06-21 CRC Agenda Page 71 of 82 CharterYour Selections | Chula Vista, CA Page 65 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1202. Term of Franchise. EveryTo the extent authorized by law, every franchise, other than an indeterminate franchise, shall state the term for which it is granted, the initial term for which shall not exceed twenty-five years. A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase, or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the stateState, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. Sec. 1203. Grant to be in Lieu of all Other Franchises. Any franchise granted by the City hereunder with respect to any given utility service shall be in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any right under such franchise granted hereunder, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 1919 of Article XIXI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder shall operate as an abandonment of all such other franchises, rights and privileges within the limits of the City as such limits shall at any time exist. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the City Clerk. Such acceptance shall be filed within ten days after the adoption of the ordinance granting the franchise, or any extension thereof granted by the City Council, and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional territory, any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said Constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. No grant of any franchise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance and by this Charter. 2022-06-21 CRC Agenda Page 72 of 82 CharterYour Selections | Chula Vista, CA Page 66 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1204. Eminent Domain. No franchise grant shall in any way, or to any extent, impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing therein contained shall be construed to contract away or to codify or to abridge, either for a term or in perpetuity, the City’s right of eminent domain with respect to any public utilitygrantee of a franchise under this Article . Sec. 1205. Duties of Grantees. By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant, or by procedural ordinance and shall further agree to: (a) ComplyA) comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power governing the construction, maintenance and operation of its plants, works or equipment; (b) PayB) pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (c) Indemnify(C) indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under such franchise; (d) RemoveD) remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct or if the public health, comfort, welfare, convenience, or safety so demands; and (e) PayE) pay to the City during the life of the franchise a percentage to be specified in the grant of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. 2022-06-21 CRC Agenda Page 73 of 82 CharterYour Selections | Chula Vista, CA Page 67 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1206. Exercising Rights without Franchise. The exercise by any person, firm, or corporation of any privilege for which a franchise is required, without possessing a valid and existing franchise therefor, shall be an infraction and shall be punishable in the same manner as violations of this Charter are punishable and each day that such condition continues to exist shall constitute a separate violation. ARTICLE XIII. MISCELLANEOUS Sec. 1300. Definitions. Unless the provision or the context otherwise requires, as used in this Charter: (a) “Shall” is mandatory, and “may” is permissive. (b) “City” is the City of Chula Vista, and “department”, “board”, “commission”, “agency”, “officer”, or “employee”, is a department, board, commission, agency, officer or employee, as the case may be, of the City of Chula Vista. (c) “City” means the City of Chula Vista. “County” ismeans the County of San Diego. (d) “Elected Officer” means any person who holds an elective office of the City. “Elections Code” means the Elections Code of the State of California.  “State” is the State of California. 2022-06-21 CRC Agenda Page 74 of 82 CharterYour Selections | Chula Vista, CA Page 68 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. Sec. 1301. Violations. Every act punishable by fine or penalty shall be prescribed by ordinance. The violation of any provision of this Charter shall be deemed an infractiona misdemeanor and shall be punishable upon conviction by a fine ofor imprisonment, or both, not more than $50 within a one-year period, $100 for a second offense within a one- year periodexceeding the maximum fine or term of imprisonment, or both, as authorized by Section 19 of the Penal Code of the State, or any successor provision thereto. At the sole discretion of the City Prosecutor, any violation of any provision of this Charter may in the alternative be cited and $250 for a third offense within a one-year period.prosecuted as an infraction. Sec. 1302. Validity. If any provision of this Charter, or the application thereof to any person or circumstances is held invalid, the remainder of the Charter, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Sec. 1303 (FOR GLEN’S INSERTION: place holder to allow Clerk to make conforming changes as necessary) LEGISLATIVE HISTORY Introduction. The City Charter of the City of Chula Vista was adopted by the electorate on November 8, 1949 and was totally revised and renumbered as adopted by the electorate on June 6, 1978, and again on November __, 2022. Following is a legislative history of all amendments, additions and repeals of sections of the City Charter through November 4, 2014. All dates referred to herein are dates of elections wherein said amendments, additions or repeals were enacted by the electorate except for the initial Charter enactments which were established by ratification of the Legislature on December 15, 1949. The legislative history does not reflect the general housekeeping amendments undertaken subsequent to the election of June 6, 1978 at which time the City Clerk was authorized to eliminate all references to male and female pronouns. 2022-06-21 CRC Agenda Page 75 of 82 CharterYour Selections | Chula Vista, CA Page 69 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 100 101 102 103 6-6-78 104 104 6-6-78 106 6-6-78 105 200 201 6-6-78 300 4-12-66 4-17-73 4-9-74 6-6-78 11-2-82 11-6-84 11-5-85 6-2-92 11-3-92 11-07-06 11-06-12 11-04-14 300.5 11-06-12 new 302 4-10-62 4-12-66 4-9-68 6-6-78 11-8-88 3-7-00 12-3-02 303 4-14-64 4-12-66 4-11-72 6-6-78 11-3-92 3-26-96 2022-06-21 CRC Agenda Page 76 of 82 CharterYour Selections | Chula Vista, CA Page 70 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 11-07-06 11-04-14 304 4-12-66 6-6-78 11-6-79 11-2-82 11-8-88 3-7-00 4-12-66 12-3-02 305 6-6-78 305 305.5 6-06-06 new 305.6 6-06-06 new 306 307 6-6-78 11-8-88 308 4-13-76 11-2-82 309 6-6-78 310 311 11-4-86 11-8-88 312 6-6-78 11-7-78 11-8-88 313, 314, 315, 317 313 6-6-78 318 6-6-78 316 400 11-3-70 4-12-77 401 11-3-70 4-12-77 402 11-3-70 2022-06-21 CRC Agenda Page 77 of 82 CharterYour Selections | Chula Vista, CA Page 71 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 403 11-3-70 6-6-78 404 500 4-9-68 11-3-70 4-11-72 5-27-75 11-2-82 11-6-84 11-4-2008 501 11-3-70 4-11-72 502 11-5-85 503 4-9-68 11-4-2008 6-5-2012 4-09-68 504 503.1 6-5-2012 New 504 11-3-70 11-5-85 505 505 506 506 507 507 5-27-75 508 508 509 509 510 510 4-14-64 511 511 512 512 4-9-68 513 600 11-3-70 601 6-6-78 602 11-3-70 2022-06-21 CRC Agenda Page 78 of 82 CharterYour Selections | Chula Vista, CA Page 72 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 6-6-78 11-8-88 11-6-90 11-3-92 11-7-00 11-3-70 603 603 604 604 606 6-6-78 605 605 607 606 608 607 11-6-90 609 608 4-11-72 610 609 4-12-66 4-12-77 611 610 4-9-68 11-3-70 612 611 4-9-68 613 612 614 4-10-62 4-9-68 6151 4-14-70 700-716 700 800 701 4-9-68 11-3-70 11-6-84 801 702 4-10-62 4-11-72 4-13-76 803 703 804 2022-06-21 CRC Agenda Page 79 of 82 CharterYour Selections | Chula Vista, CA Page 73 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 704 4-10-62 4-11-72 805 705 806 706 808 707 4-9-68 809 800 900 4-9-68 802 1810 4-17-73 4-13-76 807 4-9-68 900 11-3-70 6-6-78 11-2-82 11-4-86 6-2-92 11-8-94 1000 901 1001 902 11-3-81 1002 903 1003 904 11-8-88 1000 1100 1001 11-2-82 1101 1002 1102 1003 1103 1004 1104 1005 4-11-72 1105 1006 5-27-75 11-2-82 1106 2022-06-21 CRC Agenda Page 80 of 82 CharterYour Selections | Chula Vista, CA Page 74 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 1007 1107 1008 4-12-77 11-2-82 1108 1009 4-9-68 4-14-70 5-27-75 11-2-82 11-3-92 3-7-00 11-04-14 1109 1010 11-04-14 1110 1011 1111 1012 11-5-85 1112 1013 1113 1014 11-2-82 1114 1015 11-2-82 1115 1016 11-5-85 1116 1017 1118 1100 4-14-64 4-12-66 11-5-85 1200 1101 4-12-66 11-5-85 1201 1102 6-6-78 11-5-85 1202 1103 4-14-64 11-5-85 1203 6-6-78 1117 1200 1400 1201 11-3-87 1401 1202 1402 1203 1403 2022-06-21 CRC Agenda Page 81 of 82 CharterYour Selections | Chula Vista, CA Page 75 of 75 Latest amendments were approved by the electorate on 11/4/2014November 8, 2022. SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER 1204 1404 1205 1405 1206 1406 4-14-64 1300 1300 1500 1301 6-6-78 1501 1302 1502 1Section 615 is not a part of the original 1949 Charter. Latest amendments were approved by the electorate on 11/4/2014. Recommended by Charter Committee 1949. Approved by a special election, November 8, 1949, with a vote of 2068 YES to 1101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by Senator Fred H. Kraft. Ratified by the Legislature of the State of California on December 15, 1949. WE, THE PEOPLE OF THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DO ORDAIN AND ESTABLISH THIS CHARTER AS THE ORGANIC LAW OF SAID CITY UNDER THE CONSTITUTION OF SAID STATE. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.chulavistaca.gov Code Publishing Company 2022-06-21 CRC Agenda Page 82 of 82