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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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(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
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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.
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(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.
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(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;
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(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.
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(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.
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(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
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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
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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
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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
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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).
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(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
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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
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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.
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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
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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,
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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 .
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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.
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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
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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.
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(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.
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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.;
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(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.
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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.
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(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.
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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;
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(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
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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.
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(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.
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(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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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;
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(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;
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(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.
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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.
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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.
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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
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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
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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.
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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.
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(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;
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(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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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City Website: www.chulavistaca.gov
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