HomeMy WebLinkAbout2022/07/26 Post Meeting Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, July 26, 2022, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
**REVISED AGENDA**
Teleconference Location: Chula Vista City Hall, Building B, 276 Fourth Avenue, Chula Vista. Members of the
public may observe and participate in this meeting from Chula Vista City Hall in Council Chambers.
View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings
Cox channel 24 in English only
Welcome to your City Council Meeting
PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways:
In-Person. The community is welcome to make public comments at this City Council meeting. Masks
or face coverings are required in Council Chambers, regardless of vaccination status.
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have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov.
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website (English and Spanish).
ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or
accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at
cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired
by dialing 711) at least forty-eight hours in advance of the meeting.
SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor.
- Five minutes* for specific items listed on the agenda
- Three minutes* for items NOT on the agenda (called to speak during Public Comments)
- A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving
their option to speak individually on the same item. Generally, five minutes are allotted per person, up to
a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present.
*Individuals who use a translator will be allotted twice the amount of time.
GETTING TO KNOW YOUR AGENDA
Agenda Sections:
CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are
considered for approval at the same time with one vote. Councilmembers and staff may request items be
removed and members of the public may submit a speaker slip if they wish to comment on an item. Items
removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.
PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on
the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot
take action on matters not listed on the agenda.
PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing
and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter
under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and
asks for public comments. The hearing is closed, and the City Council may discuss and take action.
ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not
legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of
staff and the involved parties before the Mayor invites the public to provide input.
CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The
most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice
the legal or negotiating position of the City or compromise the privacy interests of employees. Closed
sessions may be held only as specifically authorized by law.
Council Actions:
RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective
immediately.
ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the
Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances
require two hearings: an introductory hearing, generally followed by a second hearing at the next regular
meeting. Most ordinances go into effect 30 days after the final approval.
2022/07/26 City Council Post Agenda Page 2 of 297
PROCLAMATIONS are issued by the City to honor significant achievements by community members,
highlight an event, promote awareness of community issues, and recognize City employees.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1.Presentation of a Proclamation Commending the San Diego Blood Bank for its
Lifesaving Contributions to the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.6)
All items listed under the Consent Calendar are considered and acted upon by one
motion. Anyone may request an item be removed for separate consideration.
RECOMMENDED ACTION:
To approve the recommended action appearing below consent calendar Items 5.1
through 5.6. The headings below were read, text waived. The motion carried by the
following vote:
5.1.Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.2.Consideration of Request for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
5.3.Municipal Code Amendment: Amend the Chula Vista Municipal Code to Add the
Unclassified Position Title of Bayfront Development Project Manager
7
Report Number: 22-0218
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to
add the unclassified position title of Bayfront Development Project Manager.
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5.4.Agreement: Award a Cooperative Agreement to West Coast Arborist, Inc for
Citywide Tree Maintenance Services
13
Report Number: 22-0197
Location: Citywide
Department: Public Works
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land).
RECOMMENDED ACTION:
Adopt a resolution awarding a cooperative agreement for tree maintenance
services to West Coast Arborist, Inc.
5.5.Agreement: Approve a Research Use Agreement with the Regents of the
University of California Authorizing the Installation of Lighting Technology at
SDG&E Park
77
Report Number: 22-0198
Location: SDG&E Park, 1450 Hilltop Drive
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction),
and Section 15303 class 3 (New Construction or Conversion of Small Structures).
RECOMMENDED ACTION:
Adopt a resolution approving the Research Use Agreement with the Regents of
the University of California authorizing the installation of lighting technology at
SDG&E Park.
5.6.Service Agreement: Approve Agreement with Akeso Occupational Healthcare to
Provide Medical Services and Access to Care for City Jail Inmates
89
Report Number: 22-0214
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt a resolution waiving the competitive bidding requirement and approving a
sole-source agreement with Akeso Occupational Healthcare to provide medical
services and access to care for City jail inmates.
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6.PUBLIC COMMENTS 108
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
7.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
7.1.Employee Appointment: Authorize Temporary Appointment of a CalPERS Retiree
Pursuant to Government Code Sections 7522.56 and 21224
116
Report Number: 22-0207
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
To adopt Resolution No. 2022-180, heading read, text waived. The motion carried
by the following vote:
7.2.Charter Update Proposal: Consider Charter Update Proposal from the Charter
Review Commission and City Staff for Possible Placement of One or More
Measures on the November 2022 Ballot
123
Report Number: 22-0225
Location: No specific geographic location
Department: Charter Review Commission and City Attorney’s Office
Environmental Notice: Environmental Notice: The activity is not a “Project” as
defined under Section 15378 of the California Environmental Quality Act State
Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
RECOMMENDED ACTION:
Hear the presentation by the Charter Review Commission and City Attorney and
adopt a resolution amending Resolution No. 2022-150 calling a special municipal
election to be held on November 8, 2022, ordering submission to the qualified
electors of the City a measure or measures to comprehensively amend the City’s
Charter, and appropriating funds for that purpose. (4/5 Vote Required)
8.CITY MANAGER’S REPORTS 296
9.MAYOR’S REPORTS
10.COUNCILMEMBERS’ COMMENTS
2022/07/26 City Council Post Agenda Page 5 of 297
10.1.Councilmember Galvez:297
Consideration of signing on to a letter from Friends of Friendship Park to the
Department of Homeland Security in support of maintaining public access at
International Friendship Park.
11.CITY ATTORNEY'S REPORTS
12.CLOSED SESSION
Announcements of actions taken in Closed Sessions shall be made available by noon on
the next business day following the Council meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7)
12.1.Public Employee Performance Evaluation Pursuant to Government Code
Section 54957
Title: City Manager
12.2.Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of Case: CV Amalgamated LLC vs. City of Chula Vista, Court of Appeal,
Case Nos. D078720 & D079322.
13.ADJOURNMENT
to the regular City Council meeting on August 9, 2022, at 5:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to an open session item on this agenda are
available for public review, please contact the Office of the City Clerk at
cityclerk@chulavistaca.gov
or (619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council
agendas are published online.
2022/07/26 City Council Post Agenda Page 6 of 297
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July 26, 2022
ITEM TITLE
Municipal Code Amendment: Amend the Chula Vista Municipal Code to Add the Unclassified Position Title of
Bayfront Development Project Manager
Report Number: 22-0218
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position
title of Bayfront Development Project Manager. (4/5 Vote Required)
SUMMARY
At their meeting of July 12, 2022, the City Council adopted a resolution approving a memorandum of
understanding (“MOU”) between the City of Chula Vista and International Association of Fire Fighters, Local
2180 (“IAFF”), related to compensation and other terms and conditions of employment; and authorized the
City Manager to execute the aforementioned MOU and any additional documents which may be necessary or
required to implement said MOU. Final approval of the aforementioned MOU between the City and IAFF was
subject to and conditioned upon City Council approving by 4/5 vote the required appropriations to fully fund
said MOU. At this same meeting, the City Council adopted a resolution approving a new classification of
Bayfront Development Project Manager.
Staff is now requesting approval of (1) budget amendments to fully fund the IAFF MOU and (2) a revised
ordinance to add the position title of Bayfront Development Project Manager to Municipal Code Section
2.05.010 to finalize the action taken in Report 22-0202 on July 12, 2022. (4/5 Vote for both actions)
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ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
At their meeting of July 12, 2022, the City Council adopted a resolution approving a memorandum of
understanding (“MOU”) between the City of Chula Vista and International Association of Fire Fighters, Local
2180 (“IAFF”), related to compensation and other terms and conditions of employment; and authorized the
City Manager to execute the aforementioned MOU and any additional documents which may be necessary or
required to implement said MOU. Final approval of the aforementioned MOU between the City and IAFF was
subject to and conditioned upon City Council approving by 4/5 vote the required appropriations to fully fund
said MOU.
The City Council also adopted a resolution amending the Compensation Schedule and Classification Plan to
reflect the addition of various position titles, amends the authorized position count in various departments
and reflects the salary adjustments for IAFF represented classifications and their unrepresented hourly
counterparts.
Adoption of the resolution amends the budget and appropriate funds therefor.
Unclassified Ordinance
Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the
unclassified positions. Chula Vista City Charter Section 500(a) requires that all unclassified positions not
mentioned specifically in Charter Section 500(a) be adopted by ordinance (4/5 vote required). Adoption of
the Ordinance will add the position title of Bayfront Development Project Manager to Municipal Code Section
2.05.010.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical
in nature and, as such, does not require the City Council members to make or participate in making a
governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently,
this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is
not independently aware and has not been informed by any City Council member, of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
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CURRENT-YEAR FISCAL IMPACT
There is no net impact to the General Fund projected in the current fiscal year. New personnel expenditures
totaling $971,114 are offset in full by unanticipated Property Tax revenues.
The net impact to Other Funds in the current fiscal year is projected to total $0.1 million, reflecting new
personnel expenditures of $1.3 million, offset by unanticipated revenues of $1.2 million (American Rescue
Plan funds and development permitting fees). The remaining $0.1 million will be funded from the available
balances of the 2018 Measure A Sales Tax Fund, the Advanced Life Support Fund, and the Transport
Enterprise Fund, as detailed in the table below.
Staff is requesting the proposed budgetary adjustments reflected in the table below:
ONGOING FISCAL IMPACT
The ongoing costs associated with the proposed changes are estimated to total as follows (all values
approximate): $674,538 for the General Fund; $256,765 for the American Rescue Plan Fund; $234,232 for
the Development Services Fund; $84,601 for the 2018 Measure A Sales Tax Fund; $50,553 for the Advanced
Life Support Program Fund; and $15,025 for the Transport Enterprise Fund. These amounts will likely
increase in the future as a result of compensation adjustments and benefit changes. Such costs will be
incorporated into the baseline salary budgets of the respective departments in future years.
GENERAL FUND BUDGET ADJUSTMENTS SUMMARY
Department Personnel Services Revenues Net Cost
Finance 125,879 - 125,879
Fire 845,235 - 845,235
Non-Departmental (971,114) (971,114)
TOTAL EST. GENERAL FUND COST 971,114 (971,114) -
OTHER FUNDS BUDGET ADJUSTMENTS SUMMARY
Fund/Department Personnel Services Revenues Net Cost
American Rescue Plan 934,451 (934,451) -
Development Services Fund 229,554 (229,554) -
2018 Measure A Sales Tax Fund
(Fire)86,755 - 86,755
Advanced Life Support Fund (Fire)35,981 - 35,981
Transport Enterprise (Fire)26,109 - 26,109
TOTAL EST. OTHER FUNDS COST 1,312,850 (1,164,005) 148,845
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ATTACHMENTS
None
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
2022/07/26 City Council Post Agenda Page 10 of 297
SECOND READING AND ADOPTION
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
ADDING THE UNCLASSIFIED POSITION TITLE OF
BAYFRONT DEVELOPMENT PROJECT MANAGER (4/5
VOTE REQUIRED)
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City’s workforce; and
WHEREAS, the Bayfront Development Project Manager position, given its duties and
responsibilities, is an unclassified management position, within the meaning of Charter Section
701; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended
to read as follows:
2.05.10 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the Charter of
the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor,
At Will), Administrative Services Manager, Animal Care Facility Manager, Assistant Chief of
Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant
Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works,
Assistant Director of Recreation, Bayfront Development Project Manager, Budget and Analysis
Manager, Building Official/Code Enforcement Manager, Chief Information Security Officer,
Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Constituent Services
Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director,
Director of Animal Services, Director of Community Services, Director of Conservation and
Environmental Services, Director of Economic Development, Emergency Services Manager, Fire
Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative
Analyst II, FA Analyst, FA Cyber Security Program Manager, FA Deputy Director LECC, FA
Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise
Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA
Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics
Designer/Webmaster, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination
Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant,
FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA
Network Administrator III, FA Program Analyst, FA Program Assistant Supervisor, FA Program
Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst,
FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst,
Facilities Financing Manager, Finance Manager, Housing Manager, Human Resources Manager,
2022/07/26 City Council Post Agenda Page 11 of 297
Ordinance No.
Page No. 2
Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Parks
and Recreation Administrator, Planning Manager, Police Administrative Services Administrator,
Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Redevelopment and
Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Special Projects
Manager and Traffic Engineer.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent ju risdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
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July 26, 2022
ITEM TITLE
Agreement: Award a Cooperative Agreement to West Coast Arborist, Inc for Citywide Tree Maintenance
Services
Report Number: 22-0197
Location: Citywide
Department: Public Works
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304
Class 4 (Minor Alterations to Land).
Recommended Action
Adopt a resolution awarding a cooperative agreement for tree maintenance services to West Coast Arborist,
Inc.
SUMMARY
Section 2.56.140 of the Chula Vista Municipal Code authorizes the City to contract for goods or services
through a cooperative purchase arrangement provided the goods or services were purchased through a
competitive process that the Purchasing Agent determines to be consistent with the goods purchase
practices. Staff recommends that Council award a cooperative agreement for City-wide tree care and
maintenance services to West Coast Arborist, Inc. with an initial term through June 30, 2024 and a not-to-
exceed amount of $1.5 million for the initial term. The proposed agreement also contains two one-year
options to extend upon demonstrated satisfactory performance. If both extensions are exercised, the total
not-to-exceed amount of the agreement would be $3.0 million over the full term of the agreement.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4
(Minor Alterations to Land) because the proposed project would not result in a significant effect on the
environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in
the significance of a historical resource. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable.
DISCUSSION
On May 3, 2021, the County of Orange issued a request for proposals (RFP) to solicit tree care and
maintenance services. The County of Orange received three proposals in response to the RFP. The proposals
were evaluated by a four-member panel comprised of three OC Parks staff (involved in maintenance
inspection, integrated pest management and tree care services) and one maintenance supervisor from OC
Public Works. The written proposals were rated based on the following predetermined criteria:
Approach and Understanding of Scope of Work 30%
Technical Expertise and Qualifications 30%
Company Experience 30%
Cost Proposal 10%
Qualified proposers on the written proposal were invited to participate in oral interviews. West Coast
Arborists, Inc. (WCA) received the highest score and was ultimately awarded a contract by the County of
Orange. Key provisions of the County of Orange contract include, but are not limited to, the following
Perform trimming of each of the four segments of the annual contract (i.e. Broadleaf trees, Pine trees,
Eucalyptus trees and Palm trees).
General pruning
Full pruning
Crown raising
Tree and Stump removal
Root pruning
Tree pest treatment
Tree planting
Provide Emergency Work and Call Out
Section 2.56.140 of the Chula Vista Municipal Code authorizes the City to contract for goods or services
through a cooperative purchase arrangement provided the goods or services were purchased through a
competitive process that the Purchasing Agent determines to be consistent with the good purchasing
practices. Upon review of the County of Orange RFP process, the Purchasing Agent has determined their
process to be consistent with good purchasing practices and agrees with moving forward with a cooperative
purchasing contract with WCA. Further, the Purchasing agent found the contract with WCA and Orange
County offers competitive pricing and authorizes cooperative purchasing arrangements.
Staff recommends utilizing a cooperative purchase agreement process to enter into an agreement with WCA.
The proposed initial term of the agreement is through June 2024, with two one-year options to extend. If the
extensions are executed, the total term of the agreement is approximately four years. The budget includes
approximately $500,000 for routine tree maintenance of City owned trees in the right of way and City parks.
There is an additional $100,000 budgeted for the removal of dead and dying trees. The agreement includes
a $150,000 contingency amount to allow for emergencies or should additional funds become available. The
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not to exceed amount for the initial term of the agreement is not-to-exceed $1.5 million and if both options
to extend are exercised, the total value of the agreement would be not-to-exceed $3 million.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and, consequently, the 500-foot rule found in California Code of Regulation Title 2, section 18702.2(a)(11)is
not applicable to this decision for purpose of determining a disqualifying real property- related financial
conflict of interest under the Political Reform Act (California Government Code § 87100,et seq.).
CURRENT-YEAR FISCAL IMPACT
Funding for the contract is included within the Fiscal Year 2022-2023 Public Works budget as well as the
Community Service budget.
ONGOING FISCAL IMPACT
The annual contract cost will be included in the annual budgets for Public Works and Community Services.
ATTACHMENTS
Two Party agreement with West Coast Arborist, Inc.
Staff Contact: Steve Padilla, Public Works Streets Division Manager
2022/07/26 City Council Post Agenda Page 15 of 297
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATIVE
PURCHASING AGREEMENT FOR TREE CARE AND
MAINTENANCE SERVICES BETWEEN THE CITY AND
WEST COAST ARBORISTS, INC.
WHEREAS, on May 3, 2021, the County of Orange solicited a request for proposals (RFP)
for tree care and maintenance services at county facilities; and
WHEREAS, on June 21, 2021, the County of Orange received three proposals in response
to the RFP; and
WHEREAS, the proposals were evaluated by a four member panel comprised of three OC
Park staff (involved in maintenance inspection, integrated pest management, and tree care
services) and one maintenance supervisor from the OC Public Works department; and
WHEREAS, the proposals were rated based on the following predetermained criteria:
approach and understanding of scope of work, technical expertise and qualifications, company
experience, and cost proposal; and
WHEREAS, the County of Orange awarded the tree care and maintenance contract to West
Coast Arborists Inc. (WCA); and
WHEREAS, the contract between the County of Orange and WCA includes a provision
that extends the terms and conditions, including pricing, of that contract to other California local
and state government entities; and
WHEREAS, Chula Vista Municipal Code section 2.56.140 authroizes the use of
cooperative purchasing agreements provided that the original contract was procured through a
competitive process that the Purchasing Agent determines to be consistent with good purchasing
practices; and
WHEREAS, the City’s Purchasing Agent has determined that the County of Oranage RFP
solicitation process was a competitive process consistent with good purchasing practices; and
WHEREAS, City staff desires to ulilize a coopearative purchasing arranagement with
WCA for tree care and maintenance services on the same material terms and conditions as the
County of Orange and WCA agreement, including pricing, original term, and options to extend
the term upon satisfactory performance; and
WHEREAS, funding for the coopearative agreement has been appropriated in the Fiscal
Year 2022-2023 budgets for the Public Works and Community Services departments as well as
the Measure P Fund; and
2022/07/26 City Council Post Agenda Page 16 of 297
Resolution No.
Page 2
WHEREAS, staff recommends that the City Council approve the cooperative agreement
with WCA to authorize essential tree care and maintenance services to be provided throughout the
City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the Cooperative Purchasing Agreement with West Coast Arborists, Inc. to Provide
Tree Care and Maintenance Services, in the form presented, with such minor modifications as may
be required or approved by the City Attorney, a copy of which shall be kept on file in the Office
of the City Clerk, and authorizes and directs the City Manager or designee to execute the same.
Presented by
Matt Little, Director of Public Works
Approved as to form by
Glen R. Googins, City Attorney
2022/07/26 City Council Post Agenda Page 17 of 297
CITY OF CHULA VISTA
COOPERATIVE PURCHASING AGREEMENT
WITH WEST COAST ARBORIST, INC.
TO PROVIDE TREE MAINTENANCE SERVICES
This Cooperative Purchasing Agreement (“Agreement”) is made and entered into between
the City of Chula Vista (“City”) and West Coast Arborist, Inc. (“Contractor”) (collectively, the
“Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, Contractor was selected by County of Orange California to perform Tree Care
and Maintenance Services pursuant to Contract MA-012-220110006 with West Coast Arborist,
Inc. for Tree Care and Maintenance Services, which is attached hereto as Exhibit A and
incorporated herein by this reference (“Original Contract”);
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City to
contract for goods or services through a cooperative purchasing arrangement provided the goods
or services were purchased through a competitive process that the Purchasing Agent determines to
be consistent with good purchasing practices;
WHEREAS, City has a need for complete tree maintenance service of Chula Vista’s urban
forest trees;
WHEREAS, City desires to enter into an agreement with Contractor through a cooperative
purchasing arrangement on the terms and conditions set forth in Original Contract and this
Agreement;
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor to City in accordance with the
time frames and the terms and conditions of this Agreement.
OBLIGATORY PROVISIONS
NOW, THEREFORE, for and in consideration of the above recitals, the covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
the Parties hereby acknowledge, City and Contractor hereby agree as follows:
1. Required Services
Contractor agrees to perform all services, and deliver to City all deliverables (if any), as described
in Exhibit A (Original Contract) and further described below:
The Contractor will perform and complete tree pruning, tree/stump/removal services, tree care,
and tree maintenance, and all other Required Services at locations and times as directed by the
City.
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The services and/or deliverables described in Original Contract and above shall be referred to
herein as the “Required Services.” Without limiting Contractor’s obligations to strictly comply
with all terms and conditions of this Agreement, Contractor acknowledges and agrees to perform
the Required Services in strict accordance with Exhibit A (Original Contract) and Exhibit B
(Required Services General Provisions) which are attached hereto and incorporated herein by
reference.
2. Term of the Agreement
The initial term of this Agreement is July 26, 2022 (“Effective Date”) and it terminates June 30,
2024, unless terminated as provided herein (the “Initial Term”). Notwithstanding the completion
date set forth for the Initial Term above, the City has the option to extend this Agreement for two
(2) additional terms, defined as a one-year increment. The City Manager or Director of Finance
shall be authorized to exercise the an option to extend on behalf of the City. If the City exercises
an option to extend, each extension shall be on the same terms and conditions contained in this
Agreement.
3. Payment Terms
For performance of the Required Services by Contractor, City shall pay Contractor as provided in
Exhibit C, which is attached hereto and are incorporated herein by reference. The reimbursement
for productive hours spent or expenses incurred in the performance of this Agreement shall be
made only upon acceptance by City of Contractor’s invoice and supporting documentation.
4. Insurance
Contractor must procure and maintain insurance in strict accordance with the Insurance
Requirements identified in Exhibit D, which is attached hereto and are incorporated herein by
reference.
5. Indemnity
Contractor must indemnify, defend, and hold harmless the Indemnified Parties (as defined in
Exhibit E) as provided in Exhibit E, which is attached hereto and are incorporated herein by
reference.
6. Authorized Representatives and Notices
The City hereby designates as its Authorized Representative:
Steve Padilla, Public Works Manager
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Kalani Camacho, Superintendent
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
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All notices, demands or requests provided for or permitted to be given pursuant to this Agreement
must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or serviced if personally served or deposited in the United States mail,
addressed to such Party, postage prepaid, register or certified, with return receipt requested, at the
addressee[s] identified in this Agreement.
Notices, demands or requests sent to City shall be submitted to:
Steve Padilla, Public Works Manager
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Kalani Camacho, Superintendent
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Notices, demands or requests sent to Contractor shall be submitted to:
West Coast Arborist, Inc.
Attn: Victor Gonzalez
2200 East Via Burton St.
Anaheim, CA 92806-1221
714-991-1900
vgonzalez@wcainc.com
7. Remedies.
7.1 Termination for Cause. If for any reason whatsoever Contractor shall fail to perform the
Required Services under this Agreement, in a proper or timely manner, or if Contractor shall
violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”),
in addition to any and all other rights and remedies City may have under this Agreement, at law or
in equity, City shall have the right to terminate this Agreement by giving five (5) days written
notice to Contractor. Such notice shall identify the Default and the Agreement termination date.
If Contractor notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor
up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 7.a, Contractor shall immediately provide City any and
all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any
other materials or properties produced in whole or in part under this Agreement (“Work Product”)
in connection with the performance of the Required Services work product prepared by Contractor
as part of the Required Services. Such Work Product shall be City's sole and exclusive property.
Contractor may be entitled to compensation for work satisfactorily performed prior to Contractor’s
receipt of the Default notice; provided, however, in no event shall such compensation exceed the
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amount that would have been payable under this Agreement for such work, and any such
compensation shall be reduced by any costs incurred or projected to be incurred by City as a result
of the Default.
7.2 Termination or Suspension for Convenience of City. City may suspend or terminate this
Agreement, or any portion of the Required Services, at any time and for any reason, with or without
cause, by giving specific written notice to Contractor of such termination or suspension at least
fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor shall
immediately cease all work under the Agreement and promptly deliver all Work Product to City.
Such Work Product shall be City's sole and exclusive property. Contractor shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount
due and payable under this Agreement for work satisfactorily performed as of the date of the
termination/suspension notice plus any additional remaining Required Services requested or
approved by City in advance that would maximize City’s value under the Agreement.
7.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms
of this section, Contractor hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 7.
7.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement against City unless a claim has first been presented in writing
and filed with City and acted upon by City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which,
including such policies and procedures used by City in the implementation of same, are
incorporated herein by this reference. Upon request by City, Contractor shall meet and confer in
good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
8. Conflicts or Discrepancies
In the event of any inconsistencies, conflicts, or discrepancies between any of the provisions and/or
attachments of the Original Contract and this Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
1) This Agreement
2) Original Contract
9. General Provisions
9.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
9.2 Assignment. City would not have entered into this Agreement but for Contractor’s unique
qualifications and traits. Contractor shall not assign any of its rights or responsibilities under this
Agreement, nor any part hereof, without City’s prior, written consent, which City may grant,
condition, or deny in its sole discretion.
9.3 Authority. The person(s) executing this Agreement for Contractor warrants and represents
that they have the authority to execute same on behalf of Contractor and to bind Contractor to its
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obligations hereunder without any further action or direction from Contractor or any board,
principle or officer thereof.
9.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one Agreement after each Party has signed
such a counterpart.
9.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other
agreements expressly referred to herein, constitutes the entire Agreement between the Parties with
respect to the subject matter contained herein. All exhibits referenced herein shall be attached
hereto and are incorporated herein by reference. All prior or contemporaneous agreements,
understandings, representations, warranties and statements, oral or written, are suspended.
9.6 Record Retention. During the course of this Agreement and for three (3) years following
completion of the Services, Contractor agrees to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the performance of this
Agreement, including accounting for costs and expenses charged to City, including such records
in possession of sub-contractors.
9.7 Further Assurances. The Parties agree to perform such further acts and to execute and
deliver such additional documents and instruments as may be reasonably required in order to carry
out the provisions of this Agreement and the intentions of the Parties.
9.8 Independent Contractor. Contractor is and shall at all times remain as to City a wholly
independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents
(“Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related
Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits
to which City employees are entitled, including but not limited to, overtime, retirement benefits,
worker’s compensation benefits, injury leave or other leave benefits. Furthermore, City will not
withhold state or federal income tax, social security tax or any other payroll tax with respect to
any Contractor Related Individuals; instead, Contractor shall be solely responsible for the payment
of same and shall hold City harmless with respect to same. Contractor shall not at any time or in
any manner represent that it or any of its Contractor Related Individuals are employees or agents
of City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor agree that they have read and understood all terms and conditions of this Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this
Agreement as of the Effective Date.
WEST COAST ARBORIST CITY OF CHULA VISTA
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BY:________________________________ BY: ________________________________
Patrick Mahoney MARY CASILLAS SALAS
President MAYOR
ATTEST
BY:
________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
________________________________
Glen R. Googins
City Attorney
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APPROVED AS TO FORM
_______________________________
Glen R. Googins, City Attorney
Date: _______________________________
EXHIBITS
A – Original Contract, Contract No. MA-012-22010006
B – Required Services General Provisions
C – Payment Terms
D – Insurance Requirements
E – Indemnity Requirements
F – Contractor Conflict of Interest Designation
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EXHIBIT A
ORIGINAL CONTRACT
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CONTRACT MA-012-22010006
FOR
TREE CARE AND MAINTENANCE SERVICES
BETWEEN
THE COUNTY OF ORANGE, OC COMMUNITY RESOURCES
AND
WEST COAST ARBORISTS, INC.
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CONTRACT MA-012-22010006
WITH
WEST COAST ARBORISTS, INC.
FOR
TREE CARE AND MAINTENANCE SERVICES
This Contract MA-012-22010006 for Tree Care and Maintenance Services, hereinafter referred to
as “Contract” is made and entered into as of the date fully executed by and between the County of Orange,
a political subdivision of the State of California on behalf of OC Community Resources, hereinafter referred
to as “County” and West Coast Arborists, Inc., with a place of business at 2200 East Via Burton St.,
Anaheim, CA 92806-1221, hereinafter referred to as “Contractor”, with County and Contractor sometimes
individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached
hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Payment and Compensation
Attachment C – Cost Proposal
Attachment D – Staffing Plan
Exhibit 1 – Aerial Maps for OC Parks
Exhibit 2 – OC Parks Tree Inventory
Exhibit 3 – OC Public Libraries and OC Animal Care Tree Inventory
RECITALS
WHEREAS, County solicited Contract for Tree Care and Maintenance Services as set forth herein,
and Contractor responded and represented that it is qualified to provide Tree Care and Maintenance Services
to County as further set forth here; and
WHEREAS, Contractor agrees to provide Tree Care and Maintenance Services to County as
further set forth in the Scope of Work, attached hereto as Attachment A; and
WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment
and Compensation, attached hereto as Attachment B; and
WHEREAS, the Orange County Board of Supervisors has authorized the Purchasing Agent or
designee to enter into Contract for Tree Care and Maintenance Services with Contractor; and
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
I. General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of
California and shall be governed by and construed under the laws of the state of California. In the
event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the parties hereto agree
to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
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Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that
an action be transferred for adjudication to another county.
B. Entire Contract: This Contract contains the entire Contract between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than
those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are
valid or binding on County unless authorized by County in writing. Electronic acceptance of any
additional terms, conditions or supplemental Contracts by any County employee or agent, including
but not limited to installers of software, shall not be valid or binding on County unless accepted in
writing by County’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made
in writing and signed by the parties; no oral understanding or agreement not incorporated herein
shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are
valid or binding on County unless authorized by County in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state
sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit
number and sales permit number on invoices, if California sales tax is added and collectable. If no
permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will
then pay use tax directly to the State of California in lieu of payment of sales tax to Contractor.
E. Delivery: Time of delivery of commodities and services is of the essence in this Contract. County
reserves the right to refuse any commodities and services and to cancel all or any part of the
commodities not conforming to applicable specifications, drawings, samples or descriptions or
services that do not conform to the prescribed scope of work. Acceptance of any part of the order
for commodities shall not bind County to accept future shipments nor deprive it of the right to
return commodities already accepted at Contractor’s expense. Over shipments and under shipments
of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to
be complete until all commodities or services have actually been received and accepted in writing
by County.
F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not
be deemed complete unless in writing and until all the commodities/services have actually been
received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears
after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the commodities covered by this Contract are 1)
free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they
are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order
shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its
indemnities as identified in paragraph “Z” below, and as more fully described in paragraph “Z,”
harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or
sustained by County by reason of the failure of the commodities/services to conform to such
warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any
applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety
and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition
to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in
this Contract, Contractor shall be solely responsible for clearing the right to use any patented or
copyrighted materials in the performance of this Contract. Contractor warrants that any software
as modified through services provided hereunder will not infringe upon or violate any patent,
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proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with
the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and
hold County and County Indemnitees harmless from any and all such claims and be responsible for
payment of all costs, damages, penalties and expenses related to or arising from such claim(s),
including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the
performance of this Contract nor any portion thereof may be assigned by Contractor without the
express written consent of County. Any attempt by Contractor to assign the performance or any
portion thereof of this Contract without the express written consent of County shall be invalid and
shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply
with the requirements of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, or sex of such persons. Contractor acknowledges that a violation of this provision
shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, County has the right
to immediately terminate this Contract without penalty for cause or after 30 days’ written notice
without cause, unless otherwise specified. Cause shall be defined as any material breach of
contract, any misrepresentation or fraud on the part of Contractor. Exercise by County of its right
to terminate Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither
Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an
employee of County. Neither Contractor, its employees nor anyone working under Contractor shall
qualify for workers’ compensation or other fringe benefits of any kind through County.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary
steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other commodities/services furnished by Contractor under this Contract.
Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner;
shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall
at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of County required in its governmental capacity, in connection with performance
of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed
by subcontractors.
O. Insurance: Prior to the provision of services under this contract, Contractor agrees to purchase all
required insurance at Contractor’s expense, including all endorsements required herein, necessary
to satisfy County that the insurance provisions of this contract have been complied with. Contractor
agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit
with County during the entire term of this contract. In addition, all subcontractors performing work
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on behalf of Contractor pursuant to this contract shall obtain insurance subject to the same terms
and conditions as set forth herein for Contractor.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant
to this contract shall be covered under Contractor’s insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor
shall not allow subcontractors to work if subcontractors have less than the level of coverage
required by County from Contractor under this contract. It is the obligation of Contractor to provide
notice of the insurance requirements to every subcontractor, and to receive proof of insurance prior
to allowing any subcontractor to begin work. Such proof of insurance must be maintained by
Contractor through the entirety of this contract for inspection by County representative(s) at any
reasonable time.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self-
insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall
specifically be approved by County’s Risk Manager, or designee, upon review of Contractor’s
current audited financial report. If Contractor’s SIR is approved, Contractor, in addition to, and
without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the
following:
1. In addition to the duty to indemnify and hold County harmless against any and all liability,
claim, demand or suit resulting from Contractor’s, its agents, employee’s or subcontractor’s
performance of this Contract, Contractor shall defend County at its sole cost and expense
with counsel approved by Board of Supervisors against same; and
2. Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty
to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and Contractor’s SIR provision shall be
interpreted as though Contractor was an insurer and County was the insured.
If Contractor fails to maintain insurance acceptable to County for the full term of this contract,
County may terminate this contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United Statesor ambest.com). It is
preferred, but not mandatory, that the insurer be licensed to do business in the State of California
(California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by Contractor shall provide the minimum limits and
coverage as set forth below:
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Coverage Minimum Limits
Commercial General Liability $2,000,000 per occurrence
$4,000,000 aggregate
Automobile Liability including coverage $1,000,000 per occurrence
for owned, non-owned and hired vehicles
Workers’ Compensation Statutory
Employers’ Liability Insurance $1,000,000 per occurrence
Professional Liability $1,000,000 per claims-made
$1,000,000 aggregate
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO)
form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00
12, CA 00 20, or a substitute form providing liability coverage as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
1. An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as
broad naming County of Orange, its elected and appointed officials, officers, employees
and agents as Additional Insureds, or provide blanket coverage, which will state As Required
By Written Contract.
2. A primary non-contributing endorsement using ISO Form CG 20 01 04 13, or a form at least
as broad evidencing that Contractor’s insurance is primary and any insurance or self -
insurance maintained by County of Orange shall be excess and non-contributing.
The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all
rights of subrogation against County of Orange, its elected and appointed officials, officers,
employees and agents, or provide blanket coverage, which will state As Required By Written
Contract.
All insurance policies required by this contract shall waive all rights of subrogation against County
of Orange, its elected and appointed officials, officers, employees and agents when acting within
the scope of their appointment or employment.
Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten
(10) days for non-payment of premium and provide a copy of the cancellation notice to County.
Failure to provide written notice of cancellation may constitute a material breach of Contract, upon
which County may suspend or terminate this contract.
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If Contractor’s Professional Liability is “Claims-Made” policy, Contractor shall agree to maintain
coverage for two (2) years following the completion of the Contract.
The Commercial General Liability policy shall contain a severability of interests clause, also known
as a “separation of insureds” clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the
solicitation.
If Contractor fails to provide the insurance certificates and endorsements within seven (7) days of
notification by CEO/Purchasing or the agency/department purchasing division, award may be made
to the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of
the above insurance types throughout the term of this contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor
does not deposit copies of acceptable Certificates of Insurance and endorsements with County
incorporating such changes within thirty (30) days of receipt of such notice, this contract may be
in breach without further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of
this contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
P. Changes: Contractor shall make no changes in the work or perform any additional work without
County’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Contractor
agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion
of this Contract, and County agrees to an assignment of Contract, the new owners shall be required
under the terms of sale or other instruments of transfer to assume Contractor’s duties and
obligations contained in this Contract and complete them to the satisfaction of County.
County reserves the right to immediately terminate Contract in the event County determines that
the assignee is not qualified or is otherwise unacceptable to County for the provision of services
under Contract.
In addition, Contractor has the duty to notify County in writing of any change in Contractor’s status
with respect to name changes that do not require an assignment of Contract. Contractor is also
obligated to notify County in writing if Contractor becomes a party to any litigation against County,
or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well
as any potential conflicts of interest between Contractor and County that may arise prior to or during
the period of Contract performance. While Contractor will be required to provide this information
without prompting from County any time there is a change in Contractor’s name, conflict of interest
or litigation status, Contractor must also provide an update to County of its status in these areas
whenever requested by County.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with County interests. In addition to Contractor, this obligation shall apply
to Contractor’s employees, agents, and subcontractors associated with the provision of goods and
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services provided under this Contract. Contractor’s efforts shall include, but not be limited to
establishing rules and procedures preventing its employees, agents, and subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence County staff or elected officers in the
performance of their duties.
R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this Contract
caused by any act of God, war, civil disorder, employment strike or other cause beyond its
reasonable control, provided Contractor gives written notice of the cause of the delay to County
within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County-
related records and information pursuant to all statutory laws relating to privacy and confidentiality
that currently exist or exist at any time during the term of this Contract. All such records and
information shall be considered confidential and kept confidential by Contractor and Contractor’s
staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under
this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes,
restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not
limited to those issued by County in its governmental capacity and all other laws applicable to the
services at the time services are provided to and accepted by County. Contractor acknowledges
that County is relying on Contractor to ensure such compliance, and pursuant to the requirements
of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold County and
County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or
related to a violation of such laws.
U. Freight: Prior to County’s express acceptance of delivery of products. Contractor assumes full
responsibility for all transportation, transportation scheduling, packing, handling, insurance, and
other services associated with delivery of all products deemed necessary under this Contract.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract,
each party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons
sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party
had been represented by experienced and knowledgeable independent legal counsel of their own
choosing or has knowingly declined to seek such counsel despite being encouraged and given the
opportunity to do so. Each party further acknowledges that they have not been influenced to any
extent whatsoever in executing this Contract by any other party hereto or by any person
representing them, or both. Accordingly, any rule or law (including California Civil Code Section
1654) or legal decision that would require interpretation of any ambiguities in this Contract against
the party that has drafted it is not applicable and is waived. The provisions of this Contract shall
be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.
Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and
State statutes and regulations regarding the employment of aliens and others and that all its
employees performing work under this Contract meet the citizenship or alien status requirement set
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forth in Federal statutes and regulations. Contractor shall obtain, from all employees performing
work hereunder, all verification and other documentation of employment eligibility status required
by Federal or State statutes and regulations including, but not limited to, the Immigration Reform
and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter
amended. Contractor shall retain all such documentation for all covered employees for the period
prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by
County, and hold harmless, County, its agents, officers, and employees from employer sanctions
and any other liability which may be assessed against Contractor or County or both in connection
with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility
for employment of any persons performing work under this Contract.
Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold County, its elected and appointed officials, officers, employees, agents and those
special districts and agencies which County’s Board of Supervisors acts as the governing Board
(“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature,
including but not limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by Contractor pursuant to this Contract. If
judgment is entered against Contractor and County by a court of competent jurisdiction because of
the concurrent active negligence of County or County Indemnitees, Contractor and County agree
that liability will be apportioned as determined by the court. Neither party shall request a jury
apportionment.
AA. Audits/Inspections: Contractor agrees to permit County’s Auditor-Controller or the Auditor-
Controller’s authorized representative (including auditors from a private auditing firm hired by
County) access during normal working hours to all books, accounts, records, reports, files, financial
records, supporting documentation, including payroll and accounts payable/receivable records, and
other papers or property of Contractor for the purpose of auditing or inspecting any aspect of
performance under this Contract. The inspection and/or audit will be confined to those matters
connected with the performance of Contract including, but not limited to, the costs of administering
Contract. County will provide reasonable notice of such an audit or inspection.
County reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after
final payment, unless a longer period of records retention is stipulated under this Contract or by
law. Contractor agrees to allow interviews of any employees or others who might reasonably have
information related to such records. Further, Contractor agrees to include a similar right to County
to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract
shall be forwarded to County’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this
Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of
funds by, the state of California to County; and inclusion of sufficient funding for the services
hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered
by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise
limited, County may immediately terminate or modify this Contract without penalty.
CC. Expenditure Limit: Contractor shall notify County of Orange assigned Deputy Purchasing Agent
in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract.
County will not be responsible for any expenditure overruns and will not pay for work exceeding
the dollar limit on Contract unless a change order to cover those costs has been issued.
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Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies Contractual terms and conditions by which County
will procure Tree Care and Maintenance Services from Contractor as further detailed in the Scope
of Work, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract: This Contract shall commence on September 1, 2021, upon execution of all
necessary signatures and approval by the Orange County Board of Supervisors, and continue for
three (3) years, unless otherwise terminated by County. This contract may be renewed upon mutual
concurrence for two (2) additional one-year periods. Renewal(s) may require Board approval.
3. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or
conditions of this Contract shall be a material breach of this Contract. In such event County may,
and in addition to any other remedies available at law, in equity, or otherwise specified in this
Contract:
a) Terminate Contract immediately, pursuant to Section K herein;
b) Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time
that may be specified in this Contract within which to cure the breach;
c) Discontinue payment to the Contactor for and during the period in which Contractor is in
breach; and
d) Offset against any monies billed by Contractor but yet unpaid by County those monies
disallowed pursuant to the above.
4. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions
of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II
of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and
regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group
identification, age, religion, marital status, sex or disability.
5. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the best interests
of County. This obligation shall apply to Contractor; Contractor’s employees, agents, and
subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts
shall include, but not be limited to establishing precautions to prevent its employees, agents, and
subcontractors from providing or offering gifts, entertainment, payments, loans or other
considerations which could be deemed to influence or appear to influence County staff or elected
officers from acting in the best interests of County.
6. Conflict of Interest – County Personnel: County of Orange Board of Supervisors policy prohibits
its employees from engaging in activities involving a conflict of interest. Contractor shall not,
during the period of this Contract, employ any County employee for any purpose.
7. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager
to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project
Manager shall be subject to approval by County and shall not be changed without the written
consent of County’s Project Manager, which consent shall not be unreasonably withheld.
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Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall
diligently pursue all work and services to meet the project time lines. County’s Project Manager
shall have the right to require the removal and replacement of Contractor’s Project Manager from
providing services to County under this Contract. County’s Project manager shall notify Contractor
in writing of such action. Contractor shall accomplish the removal within five (5) business days
after written notice by County’s Project Manager. County’s Project Manager shall review and
approve the appointment of the replacement for Contractor’s Project Manager. County is not
required to provide any additional information, reason or rationale in the event it requires the
removal of Contractor’s Project Manager from providing further services under Contract.
8. Contractor Personnel – Reference Checks: Contractor warrants that all persons employed to
provide service under this Contract have satisfactory past work records indicating their ability to
adequately perform the work under this Contract. Contractor’s employees assigned to this project
must meet character standards as demonstrated by background investigation and reference checks,
coordinated by the agency/department issuing this Contract.
9. Contractor Personnel – Uniform/Badges/Identification: Contractor warrants that all persons
employed to provide service under this Contract have satisfactory past work records indicating their
ability to accept the kind of responsibility under this Contract.
All Contractor’s employees shall be required to wear uniforms, badges, or other means of
identification which are to be furnished by Contractor and must be work at all times while working
on County property. The assigned Deputy Purchasing Agent must be notified in writing, within
seven (7) days of notification of award of Contract of the uniform and/or badges and/or other
identification to be worn by employees prior to beginning work and notified in writing seven (7)
days prior to any changes in this procedure.
10. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data
which shall correctly reflect the business transacted by Contractor in accordance with generally
accepted accounting principles. These records shall be stored in Orange County for a period of
three (3) years after final payment is received from County. Storage of records in another county
will require written approval from County of Orange assigned Deputy Purchasing Agent.
11. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably
necessary to ascertain the nature and location of the work to be performed under this Contract and
to know the general conditions which can affect the work or the cost thereof. Any failure by
Contractor to do so will not relieve Contractor from responsibility for successfully performing the
work without additional cost to County. County assumes no responsibility for any understanding
or representations concerning the nature, location(s) or general conditions made by any of its
officers or agents prior to the execution of this Contract, unless such understanding or
representations by County are expressly stated in Contract.
12. Cooperative Contract: The provisions and pricing of this Contract will be extended to other
California local or state governmental entities. Governmental entities wishing to use this Contract
will be responsible for issuing their own purchase documents/price agreements, providing for their
own acceptance, and making any subsequent payments. Contractor shall be required to include in
any Contract entered into with another agency or entity that is entered into as an extension of this
Contract a Contract clause that will hold harmless County of Orange from all claims, demands,
actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any
way connected with the use of this contract. Failure to do so will be considered a material breach
of this Contract and grounds for immediate Contract termination. The cooperative entities are
responsible for obtaining all certificates of insurance and bonds required. Contractor is responsible
for providing each cooperative entity a copy of Contract upon request by the cooperative
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entity. County of Orange makes no guarantee of usage by other users of this Contract.
Contractor shall be required to maintain a list of the cooperative entities using this Contract. The
list shall report dollar volumes spent annually and shall be provided on an annual basis to County,
at County’s request.
13. Data – Title To: All materials, documents, data or information obtained from County data files or
any County medium furnished to Contractor in the performance of this Contract will at all times
remain the property of County. Such data or information may not be used or copied for direct or
indirect use by Contractor after completion or termination of this Contract without the express
written consent of County. All materials, documents, data or information, including copies, must
be returned to County at the end of this Contract.
14. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in
termination by County, County may procure the commodities and services from other sources. If
the cost for those commodities and services is higher than under the terms of the existing Contract,
Contractor will be responsible for paying County the difference between Contract cost and the price
paid, and County may deduct this cost from any unpaid balance due Contractor. The price paid by
County shall be the prevailing market price at the time such purchase is made. This is in addition
to any other remedies available under this Contract and under law.
15. Disputes – Contract:
a. The parties shall deal in good faith and attempt to resolve potential disputes informally. If
the dispute concerning a question of fact arising under the terms of this Contract is not
disposed of in a reasonable period of time by Contractor’s Project Manager and County ‘s
Project Manager, such matter shall be brought to the attention of County Deputy Purchasing
Agent by way of the following process:
i. Contractor shall submit to the agency/department assigned Deputy Purchasing Agent
a written demand for a final decision regarding the disposition of any dispute between
the parties arising under, related to, or involving this Contract, unless County, on its
own initiative, has already rendered such a final decision.
ii. Contractor’s written demand shall be fully supported by factual information, and, if
such demand involves a cost adjustment to Contract, Contractor shall include with the
demand a written statement signed by a senior official indicating that the demand is
made in good faith, that the supporting data are accurate and complete, and that the
amount requested accurately reflects Contract adjustment for which Contractor
believes County is liable.
b. Pending the final resolution of any dispute arising under, related to, or involving this
Contract, Contractor agrees to diligently proceed with the performance of this Contract,
including the delivery of commodities and/or provision of services. Contractor’s failure to
diligently proceed shall be considered a material breach of this Contract.
Any final decision of County shall be expressly identified as such, shall be in writing, and
shall be signed by County Deputy Purchasing Agent or his designee. If County fails to render
a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final
decision adverse to Contractor’s contentions. Nothing in this section shall be construed as
affecting County’s right to terminate Contract for cause or termination for convenience as
stated in section K herein.
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16. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section
8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying actions
to be taken against employees for violations, as required by Government Code Section
8355(a)(1).
b. Establish a drug-free awareness program as required by Government Code Section
8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance programs; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide as required by Government Code Section 8355(a)(3) that every employee who works
under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and
ii. Will agree to abide by the terms of the company’s statement as a condition of
employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under
Contract or termination of Contract or both, and Contractor may be ineligible for award of
any future County contracts if County determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted
above.
17. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246
entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as
supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of
California regulations as may now exist or be amended in the future. Contractor shall not
discriminate against any employee or applicant for employment on the basis of race, color, national
origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or
applicant for employment because of physical or mental handicap in regard to any position for
which the employee or applicant for employment is qualified. Contractor agrees to provide equal
opportunity to handicapped persons in employment or in advancement in employment or otherwise
treat qualified handicapped individuals without discrimination based upon their physical or mental
handicaps in all employment practices such as the following: employment, upgrading, promotions,
transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of
compensation, and selection for training, including apprenticeship. Contractor agrees to comply
with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended,
pertaining to prohibition of discrimination against qualified handicapped persons in all programs
and/or activities as detailed in regulations signed by the Secretary of the Department of Health and
Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68
dated May 4, 1977, as may now exist or be amended in the future.
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Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of
Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in
the future.
18. News/Information Release: Contractor agrees that it will not issue any news releases in
connection with either the award of this Contract or any subsequent amendment of or effort under
this Contract without first obtaining review and written approval of said news releases from County
through County’s Project Manager.
19. Notices: Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing with a copy provided to the
assigned Deputy Purchasing Agent (DPA), except through the course of the parties’ project
managers’ routine exchange of information and cooperation during the terms of the work and
services. Any written communications shall be deemed to have been duly given upon actual in-
person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no
greater than four (4) calendar days after being mailed by US certified or registered mail, return
receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the
first day. All communications shall be addressed to the appropriate party at the address stated
herein or such other address as the parties hereto may designate by written notice from time to time
in the manner aforesaid.
Contractor: West Coast Arborists, Inc.
Attn: Victor Gonzalez
2200 East Via Burton St.
Anaheim, CA 92806-1221
714-991-1900
vgonzalez@wcainc.com
County: OC Parks
Attn: Kyle Sato
13042 Old Myford Road
Irvine, CA 92602
949-923-3766
kyle.sato@ocparks.com
Assigned DPA: County of Orange
OC Community Resources, Purchasing & Contract Services
Attn: Chad Ward, DPA
601 North Ross Street
6th Floor
Santa Ana, CA 92701
949-585-6420
chad.ward@ocparks.com
20. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the
event of a conflict between or among Contract documents, the order of precedence shall be the
provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and
articles of this Contract, and then the exhibits and attachments.
21. Termination – Orderly: After receipt of a termination notice from County of Orange, Contractor
may submit to County a termination claim, if applicable. Such claim shall be submitted promptly,
but in no event later than 60 days from the effective date of the termination, unless one or more
extensions in writing are granted by County upon written request of Contractor. Upon termination
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County agrees to pay Contractor for all services performed prior to termination which meet the
requirements of Contract, provided, however, that such compensation combined with previously
paid compensation shall not exceed the total compensation set forth in Contract. Upon termination
or other expiration of this Contract, each party shall promptly return to the other party all papers,
materials, and other properties of the other held by each for purposes of performance of Contract.
22. Usage: No guarantee is given by County to Contractor regarding usage of this Contract. Usage
figures, if provided, are approximations. Contractor agrees to supply services and/or commodities
requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity
requested.
23. Usage Reports: Contractor shall submit usage reports on an annual basis to the assigned Deputy
Purchasing Agent of County of Orange user agency/department. The usage report shall be in a
format specified by the user agency/department and shall be submitted 90 days prior to the
expiration date of Contract term, or any subsequent renewal term, if applicable.
24. Safety Data Sheets (SDS): The Contractor is required to provide a completed Safety Data Sheet
(SDS) for each hazardous substance provided to the County under the Contractor’s Contract with
the County. This includes hazardous substances that are not directly included in the Contract, but
are included in the goods or services provided by the Contractor to the County. The provision of
the SDSs must be in accordance with the requirements of California Labor Code Sections 6380
through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of
Regulations. The SDSs for each substance must be sent to the place of shipment or provision of
goods/service.
25. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or
licenses which may be required in connection with the permitted operation as set out herein. No
permit approval or consent given hereunder by County in its governmental capacity shall affect or
limit Contractor’s obligations hereunder, nor shall any approvals or consents given by County as a
party to this Contract, be deemed approval as to compliance or conformance with applicable
governmental codes, laws, ordinances, rules, or regulations.
26. Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the
California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages
and the general prevailing rates for holiday and overtime wages in this locality for each craft,
classification, or type of worker needed to execute this Contract. The rates are available from the
Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing
wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor
Code.
27. Labor Code Requirements:
Contractor and all Subcontractors shall comply with all applicable requirements of the
Labor Code throughout the performance of Contract, including but not limited to the
following:
27.1 Wage Rates
Contractor and any Subcontractor(s) shall comply with the provisions of California Labor
Code Sections 1771 et seq. and shall pay workers employed on Contract not less than the
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general prevailing rates of per diem wages and holiday and overtime wages as
determined by the Director of Industrial Relations. Contractor shall post all job site
notices as required by Labor Code Section 1771.4(a), including a copy of these wage
rates for each craft, classification, or type of worker needed in the performance of this
Contract. Copies of these rates are on file at the principal office of County’s
representative, or may be obtained from the State Office, Department of Industrial
Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If Contract is federally
funded, Contractor and any Subcontractor(s) shall not pay less than the higher of these
rates or the rates determined by the United States Department of Labor.
27.2 Wage Rate Penalty
Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code
Section 1775. Contractor and any Subcontractor(s) shall be subject to a penalty in an
amount up to $200, or a higher amount as provided by Section 1775, for each calendar
day, or portion thereof, for each worker paid less than the prevailing wage rates for any
work done by Contractor or Subcontractor(s) under Contract.
27.3 Work Hour Penalty
As provided by Labor Code Section 1810, 8 hours of labor shall constitute a legal day's
work, and 40 hours shall constitute a legal week's work. The time of service of any
worker employed under Contract shall be restricted to 8 hours during any one calendar
day, and 40 hours during any one calendar week, except as provided herein.
Contractor shall forfeit to County $25, or a higher amount as provided by Labor Code
Section 1813, for each worker employed in the performance of this Contract by
Contractor or by any Subcontractor(s) for each calendar day during which such worker is
required or permitted to work more than the legal day's or week's work, except as
provided by Labor Code Section 1815.
27.4 Registration of Contractors
Contractor and all Subcontractors must comply with the requirements of Labor Code
Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5.
Registration and all related requirements of those sections must be maintained throughout
the performance of Contract.
27.5 Payroll Records
Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code
Section 1776. Such compliance includes the obligation to furnish the records specified in
Section 1776 directly to the Labor Commissioner in an electronic format, or other format
as specified by the Commissioner, in the manner provided by Labor Code Section
1771.4.
The requirements of Labor Code Section 1776 provide in part:
27.5.1 Contractor and any Subcontractor(s) performing any portion of the work under this
Contract shall keep an accurate record, showing the name, address, social security number,
work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by Contractor or any Subcontractor(s) in connection with the work.
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27.5.2 Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection
with Contract.
27.5.3 The payroll records shall be certified and shall be available for inspection at the principal
office of Contractor on the basis set forth in Labor Code Section 1776.
27.5.4 Contractor shall inform County of the location of the payroll records, including the street
address, city and county, and shall, within five working days, provide a notice of any
change of location and address of the records.
27.5.5 Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have 10
days in which to provide a certified copy of the payroll records subsequent to receipt of a
written notice requesting the records described herein. In the event that Contractor or any
Subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to
County, forfeit $100, or a higher amount as provided by Section 1776, for each calendar
day, or portion thereof, for each worker to whom the noncompliance pertains, until strict
compliance is effectuated. Contractor acknowledges that, without limitation as to other
remedies of enforcement available to County, upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement of the
California Department of Industrial Relations, such penalties shall be withheld from
progress payments then due Contractor. Contractor is not subject to a penalty assessment
pursuant to this Section due to the failure of a Subcontractor to comply with this Section.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their
respective signatures.
WEST COAST ARBORISTS, INC.*
* If the Contractor is a corporation, signatures of two specific corporate officers are required as further set forth.
The first corporate officer signature must be one of the following:1) the Chairman of the Board; 2) the President; 3) any Vice
President.
In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal
authority of the signature to bind the company.
Signature Name Title Date
The second corporate officer signature must be one of the following: a) Secretary; b) Assistant Secretary; c) Chief Financial
Officer: d) Assistant Treasurer.
Signature Name Title Date
*************************************************************************************
COUNTY OF ORANGE, a political subdivision of the State of California
Signature Name Title Date
*************************************************************************************
APPROVED AS TO FORM:
County Counsel
By ________________________________
Deputy
Date_______________________________
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ATTACHMENT A
SCOPE OF WORK
I. Scope of Work: Contractor shall furnish all staffing, labor, equipment, materials and incidentals
required for tree maintenance services as described in the Scope of Work (SOW). No subcontracting or
outsourcing is permitted.
II. Description of Work: This Contract is for comprehensive tree maintenance services, inventory and
work record management at various Orange County Community Resources facilities, including OC
Public Libraries (OCPL), OC Animal Care (OCAC), and OC Parks.
A. Work consists of tree trimming, palm tree trimming, tree removal, stump removal, root pruning,
GIS/GPS tree inventory, tree pest management, supply and plant trees, watering arborist services, reports
and other tree services.
B. In general, the County attempts to avoid annual cycle pruning during nesting season. If annual cycle
pruning or other tree maintenance is necessary during nesting season, Contractor is required to monitor
for nesting activity prior to any work, per all applicable laws and regulations. No additional compensation
is allowed.
C. High volume (Routine) work may consist of annual tree maintenance cycles based on OC Parks tree
inventory and desired level of service.
1. In general, OC Parks plans to trim most trees no less frequently than every three years.
2. Coral and palm trees are trimmed every year.
3. In general, mature Oak species shall receive the minimum work possible to maintain health
and good condition and will be allowed to follow their natural form.
D. Low volume work (Non-Routine) may be assigned on an as-needed basis and may include tree
trimming or removal, stump and limb removal, pesticide recommendation and treatment, arborist
services, inventory, and other tree maintenance services as needed. If applicable, one low volume
mobilization fee shall be permitted per work order.
1. Contractor shall complete non-routine work within three weeks of receipt.
2. Contractor shall complete non-routine work with “priority” mobilization fee within seven
days of receipt.
E. This Scope of Work and subsequent contract is intended to limit use of the Hourly Work or Crew
Rental to tasks that are not identified as separate line items or tasks that cannot reasonably be included in
a line item.
1. For example, but not limited to, Hourly Work will not be allowed for large, poorly structured
or unusual trees, challenging conditions, inclement weather, heavy canopy, most down or
leaning trees, down limbs, hanging limbs.
2. If County does not approve Hourly Work, Contractor shall accept payment at contract line
item price.
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3. If County approves Hourly Work, line item pricing shall not apply, and Contractor shall
invoice at the hourly rate approved in the contract.
F. Contractor shall be responsible for repairs to all turf (including rutting), landscape, trail, irrigation,
natural areas, concrete, hardscape, and damage by their vehicles, equipment or employees.
1. The County uses a systematic inspection process (scheduled inspections, performed and
documented in OC Parks’ maintenance management system) to identify and document
maintenance deficiencies.
2. Any damage identified after Contractor work that has not been documented on a previous
inspection or backlogged work order shall be assumed to have been caused by Contractor and
will be Contractor's repair responsibility.
G. Contractor shall be penalized the full value of any tree damaged by Contractor’s operation or removed
in error.
H. The County reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the
work described in the specifications or to omit portions of the work so described as may be deemed
necessary or expedient by the County. Contractor shall agree not to claim or bring suit for damages,
whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be
done. Alterations, modifications or deviations from the work described in the scope of services by
Contractor shall be subject to the prior written approval of the County.
I. The County shall determine if Contractor has met Contract requirements. Payment shall not be made
for work that is not in accordance with standards and specifications as detailed in this SOW. The
Contractor shall be deemed in default if they consistently fail to comply with the Contract standards.
J. Contractor will not receive compensation for: work performed that was not approved by County
Division Manager or designee; invoice that exceeds Contractors written quote; work that exceeds pre-
established facility annual maintenance cycle budget; or for work that is outside the intended scope of this
Contract.
III. Contractor Requirements:
A. Must demonstrate a minimum of 5 years’ experience building and maintaining client GIS tree
inventories in geodatabase format. Inventories must include recommended maintenance cycles, work
history, tree health/condition, height, and diameter. Contractors system must also have flexibility to add
other attributes to meet OC Parks needs.
B. Must demonstrate a minimum of 5 years’ experience contracting with entities similar in size and scope
to OC Parks.
C. Licensing and certification shall be current at all times during the term of the Contract. Contractor
shall have in full force and effect, all licenses and/or certifications required by law to perform of the said
services described in the SOW. Copies of the licensing and certification information shall be made
available to the County upon request.
California State Contractors License Board (CSLB)
• License C27: Landscaping Contractor
• License C61: Limited Specialty
• License D49: Tree Service Contractor
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International Society of Arboriculture (ISA) Certification or equivalent
• ISA Certified Arborist®
• ISA Certified Tree Worker/Climber Specialist®
California Department of Pesticide Regulation
• Agricultural Pest Control Adviser (PCA)
• Qualified Applicator Certificate
IV. Contractor Performance Requirements:
A. Contractor shall provide a supervisor or foreman who shall be present at all times during Contract
operations, and who shall be responsible for both conduct and workmanship. Said supervisor or foreman
shall communicate effectively in both written and oral English.
B. All work shall comply with good arboreal practice for the species of trees being trimmed, shall be
consistent with the Pruning Standards as adopted by the International Society of Arboriculture and the
most current American National Standards, Z133-1-1972, entitled "Safety Requirements for Tree
Pruning, Trimming, Repair or Removal”.
C. Trees shall not be visibly marked at any time for any reason (e.g., for work identification).
D. Any structural weakness, decayed trunk or branches, split crotches or limbs discovered by the
Contractor shall be reported to the County within one business day.
E. Pesticide Usage and Reporting:
1. Contractor will store, transport, handle, mix and apply pesticides in a manner consistent with
Federal, State and local regulations.
2. Contractor will report and maintain records of pesticide application in conformance with all
Federal, State and local regulations.
3. Contractor will, by the second week of each month, record all pesticide activity for the
previous month in OC Parks online computer application.
4. Contractor will post signage and control public access to pesticide application areas for no
less than the minimum time required by product label re-entry interval (REI) and applicable
Federal, State and local regulations.
5. Prior to application, all pesticide work will be reviewed by Contractor’s Pest Control Adviser
and applied by a CDPR Qualified Applicator.
6. The practices described in this SOW are consistent with OC Parks integrated pest
management practices or IPM. Contractor will comply with current and future IPM best
practices and OC Parks requirements for the duration of this contract.
F. Disposal of Materials:
1. The County shall receive AB 939 recycling credit.
2. All green waste produced as a result of the Contractor's operations shall be reduced, reused,
recycled, and/or transformed by Contractor.
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3. Reduction, reuse, recycling and transformation shall include but is not limited to, production
of lumber, and daily cover.
4. Weight slips, or other approved documentation, shall be required as proof of final disposal
and shall be submitted by Contractor at the end of each month to OC Parks NPDES
Coordinator.
G. Diseased and Infested Trees:
1. All trees known or suspected to be diseased/infested, Contractor shall disinfect all tools and
cut surfaces after each cut and between trees.
2. All trees with known or suspected ISHB, Fusarium, Gold Spotted Oak Borer or other high
priority pests/pathogens as determined by the County, Contractor shall handle all debris in a
manner consistent with newest version of all appropriate Best Management Practices (BMP)
available from University California, which minimizes the chance of spreading infection or
infestation.
3. Material and debris from trees with known or suspected disease/infestation shall be chipped
to 1” or smaller and shall not be left on site or used as mulch off site.
4. Tree material with known or suspected disease/infestations that are too large to be
immediately chipped onsite will be transported and disposed of off-site with the newest Best
Management Practices available to minimize spreading.
5. No additional charges for tool disinfection or special handling shall be allowed.
H. Pre-Inspection:
1. Prior to the commencement of any work in the vicinity of any tree, the Contractor shall
identify presence of nesting birds, the location of utilities, irrigation components and/or any
property element(s) that could be compromised by any work activity.
2. If the Contractor identifies damage that exists before the onset of work, the Contractor shall
document the damages with photos and report such damage to County Division Manager
and/or his/her designee prior to commencing work in that area. All photo documentation shall
have the time and date embedded.
3. Any claim of damage that cannot be refuted by photo-documentation and/or a written report
to the County shall be considered the responsibility of the Contractor.
I. Protection and Restoration of Existing Areas:
1. Contractor shall protect all turf, landscape, trail, irrigation, natural areas, concrete, and
hardscape from damages by its operations.
2. Contractor shall use reinforcing under equipment (e.g. tires, outriggers, jack) sufficient to
prevent rutting and marking or other damage to all landscape, turf, and hardscape.
3. All damages shall be repaired and/or replaced at Contractor’s expense within three (3) days
after notification of such damage by County. Repairs and/or replacements shall be equal to
original in all aspects.
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J. Control of Work:
1. Tree work is a controlled task. At no time should work be performed so as to result in a loss
of control incident (e.g. free-falling large limbs or trunk sections, hinge cutting, lack of safety
apparatus/equipment guards, improper use/loading of equipment).
2. Contractor shall be responsible to meet equipment inventory requirements sufficient to
perform all work described herein.
3. Failure to maintain control at all times will be penalized. See Attachment B, Compensation &
Payment.
4. In addition to penalties and/or the withholding of Contract payments, the Contractor shall be
responsible for the mitigation of any damage related to a loss of control incident.
K. GIS, GPS Capabilities and Requirements:
1. All GIS/GPS and Tree Inventory work shall be performed by Contractor’s “in-house”
employees.
2. All GIS data and inventory records created by the Contractor are property of the County of
Orange.
3. Contractor shall create and maintain County tree inventory in geodatabase format and shall be
fully compatible with ESRI ArcGIS newest version.
4. GPS work shall be performed using Trimble GeoXH 6000 or better.
5. Contractor shall follow County workflow and schedule for import and export of tree
inventory updates to/from Contractor's inventory system and County GIS. Contractor shall
update and modify geodatabase themes as required by the County.
6. Contractor shall provide access to web based GIS inventory for use by County staff and
consultants.
7. Failure to meet and maintain the requirements for the GIS tree inventory shall be grounds for
termination of the Contract.
L. Tree Inventory, Updates and Additions:
1. Contractor shall provide a complete update of the County GIS tree inventory at no additional
cost to the County within three (3) months of the Contract award.
2. When assigned and approved by County, payment may be authorized for new inventory
entries for trees that are not the subject of any other action or maintenance.
3. Contractor shall update inventory, including metadata, and add new entries at no additional
charge for any tree that is the subject of maintenance, inspection, or other compensated
action.
M. Sound Control: Contractor shall comply with all County and local sound control and noise level rules,
regulations, and ordinance, which apply to any work performed pursuant to the Contract.
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N. Dust Control: Contractor shall not create dust in such a quantity as to violate the South Coast Air
Quality Management District (AQMD) regulations.
O. Debris Removal: Contractor shall remove all trash and debris from work area by the end of each day
and as required during the course of work. Contractor shall dispose of materials at a site outside of the
County right-of-way approved for disposal of such materials.
P. Water: Contractor shall furnish all water required for performance of work; shall make arrangements
for obtaining water with the governing water district and shall comply with all requirements set forth by
the governing water district.
Q. Utilities: Contractor shall contact UNDERGROUND SERVICE ALERT (USA) for all subsurface
excavation and will contact utility companies to mark locations if necessary.
R. Parking Control: Contractor shall post, maintain, and subsequently remove, temporary “No Parking”
signs along the streets, parking lots, and other as needed areas upon completion of work. Work is
performed no less than 24 hours prior to the start of said work. Contractor shall be responsible for
replacing signs which are damaged or removed in order to maintain notice to the public.
S. Traffic Control:
1. Contractor shall provide traffic control and equipment at no additional cost to the County.
2. Contractor shall comply with all relevant provisions of the Manual on Uniform Traffic
Control Devices (MUTCD), as published by the State of California, Department of
Transportation.
3. Park access shall be maintained at all times during all services.
T. Safety: Contractor agrees to perform all work outlined in this Contract to meet all accepted standards
for safe practices during operations and to maintain safe conditions or premises and ways at all times,
including safely stored equipment, machines and materials. This includes compliance with local, County,
State or other legal intents and terms of the applicable Occupational Safety and Health Administration
(OSHA) and CAL/OSHA Safety orders at all times so as to protect all persons, including Contractor’s
employees and agents, against injury or damage to property.
U. High Voltage Lines: Should work involve any high voltage lines, Contractor shall be required to notify
responsible utility company.
V. Identification and Coordination of Work:
A. Coordination and Planning:
1. OC Parks facilities have many special and permitted events throughout the year, therefore
Contractor shall engage in significant advance planning for all routine, annual and as-needed
work.
2. Contractor shall coordinate the starting date of all work with OC Parks – Park Arborist and
Facility Supervisor.
3. Commencement of work, continuation of work, delays or interruptions to work and other
events will be communicated to the Park Arborist and Facility Supervisor daily.
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4. Contractor shall comply with all time and schedule requirements as described in this SOW.
B. Work Schedules:
1. Contractor shall meet every two weeks with the OC Parks Arborist and/or representatives and
provide the County with a written two-week schedule and a report on all unscheduled work in
contractor's possession on alternating Mondays as directed by the County.
2. Contractor will update schedule to indicate emergency and other priority work interrupting
the schedule.
3. Schedule will indicate all incomplete/carry over work from the previous schedule.
4. In general, contractor will limit work hours to Monday through Friday, 6:00 am until 4:30
pm.
C. Low Volume Work (Non-Routine):
1. Low volume work requests must be completed within three week of County’s authorization
to proceed.
2. Contractor shall provide County a written quote within two working days of request. Quote
shall contain all required line items, line item price, number of work units, line item total and
job total.
3. If the work is not listed as a line item in this SOW, the quote will include the number of hours
required to complete the job and a statement indicating why the request does not fall within a
Contract line item.
4. County shall provide Contractor a work order with authorization to proceed.
5. The work order shall include a detailed explanation of work requested, location, County
Contact information, and any special instructions or alerts.
6. Upon receipt of authorization to proceed and work order Contractor shall coordinate with
County on anticipated start date.
7. Additional or add on work shall not be performed without new or an updated quote and
approval in writing by County.
D. High Volume Work (Routine Annual Tree Maintenance):
1. Within one (1) week of award of Contract, Contractor shall schedule initial meeting with
County to develop multi-year plan for tree maintenance cycles and budget based on tree
inventory and desired level of service.
a) In general, the annual maintenance cycle shall consist of tree pruning and tree
removal.
b) Annual maintenance shall generally be completed outside of nesting season.
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2. County may adjust the multi-year plan and level of service.
3. Multi-year annual maintenance cycle and budget shall be finalized and submitted to County
no later than two (2) months after Contract award.
4. Contractor shall submit each year’s annual maintenance plan, overall budget and individual
facility budgets no less than three (3) months prior to the start of work.
5. With County’s authorization to proceed, Contractor shall coordinate with Park Arborist and
Facility Supervisors no less than three (3) weeks prior to start of work.
6. Contractor shall not exceed the planned annual budget at any OC Park facility without written
authorization from the County.
E. Emergency Work and Mobilization Fee:
1. Contractor must report to the park facility within two (2) hours of initial notification from
County.
2. Contractor must be available 24 hours a day, 7 days a week, 365 days a year.
3. Contractor shall provide County a written quote/confirmation the following business day.
4. Emergency work will be performed and billed by line item price with addition of the
emergency mobilization fee.
5. Only one mobilization fee will be allowed per emergency incident. One emergency incident
and applicable mobilization fee may span more than one tree, work order or day.
F. Priority Work and Mobilization Fee:
1. Priority work requests with mobilization fee must be completed within seven days of
County’s notice to proceed.
2. Contractor shall provide County a written quote within one business day of request.
3. Priority work will be performed and billed at line item price with addition of the priority
mobilization fee.
4. Only one priority mobilization fee will be allowed per work order and may cover more than
one tree.
G. Access Gates:
1. Contractor shall be provided with keys to the access gates upon request. Contractor shall
return all keys upon completion of work and prior to request for payment. For each key not
returned, the sum of One Hundred dollars ($100.00) will be deducted and forfeited from any
payment due to Contractor.
2. Contractor shall keep all access gates closed except when entering and leaving the worksite.
Contractor shall close and lock all access gates at the end of each working day.
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3. In the event that County is called out to a gate left open by Contractor, the sum of Two
Hundred and Fifty dollars ($250.00) will be deducted and forfeited from any payment due to
Contractor.
VI. Specifications:
A. Emergency Work and Call Out:
1. Contractor is required to provide 24-hour emergency phone numbers and names of a
minimum of four contact individuals within one week of Contract award. Should phone
number or contact person change during the Contract those changes must be provided to
County.
2. Contractor may be required to provide emergency/on-call response for services in this SOW.
This may be at night, weekends, and holidays or during storm conditions.
3. Contractor is required to start work indicated within two (2) hours of initial telephone call and
report to County authorized representative upon completion of work specified.
4. Three Hundred dollars ($300.00) per hour shall be deducted and forfeited from payment to
Contractor for each hour over the two hour response time.
5. Contractor shall be allowed to stockpile debris from emergency work and in a manner that
does not cause a hazard and shall mark debris with lighted barricades sufficient for visibility
from all angles. Stockpile must be removed by end of the next calendar day. Stockpile shall
not interfere with access to roadways, driveways, trails or sidewalks.
B. General Pruning Requirements:
1. Unless otherwise directed by the County the “Full Prune” category described in Section C.
shall be the standard for all pruning performed under this contract.
2. Trees shall be pruned to prevent branch and foliage interference with safe public passage,
generally 8 feet for pedestrian access and 14 feet above roads. Exceptions are allowed for
young trees, which would be irreparably damaged by such pruning action.
3. Selectively prune branches that create sight line conflicts with traffic control signs and/or
devices.
4. Selectively prune branches that are within five feet of a structure.
5. Clear trees of sprout or sucker growth to a minimum height of ten feet above ground level.
Exceptions are allowed for young trees, which would be irreparably damaged by such
pruning action.
6. Prune to maintain a balanced appearance.
7. Remove all vines, mistletoe and other parasitic plants growing in trees and on tree trunks.
These plants shall be removed without injury to trees.
8. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other
parts of the tree, other plants or property.
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9. Tools used on a tree known or suspected to contain an infectious tree disease shall be
properly disinfected immediately before and after completing work on such tree.
10. Tools and saws used in tree pruning shall be kept sharpened to result in final cuts with a
clean, smooth wood surface and secure bark remaining intact.
11. Trees six inches in diameter or less shall be pruned with hand tools only.
12. Tree limbs two inches in diameter or less shall be pruned with hand tools only.
13. Climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically
directed by County to aid in the safety of climbers performing the removal of a tree.
C. Full Prune:
1. Unless otherwise directed by the County “Full Prune” shall be the standard for all pruning.
2. A Full Prune is performed when conditions within the crown of a hardwood tree are such that
the entire tree needs to be fully pruned.
3. Complete pruning is recommended when the primary objective is to maintain or improve tree
health and structure and includes pruning to reduce overall canopy mass and excessive wood
weight.
4. A Full Prune typically consists of one or more of the following pruning treatments:
a. Crown Cleaning: Removal of dead, diseased, crowded, weakly attached and low-
vigor branches and water sprouts from the entirety of the tree crown. Care must be
used to avoid stripping branches of all foliage at the interior of the tree crown.
b. Crown Thinning: Includes crown cleaning and the selective removal of branches to
increase light penetration and air movement into and through the crown. Care must
be used to avoid stripping branches of all foliage at the interior of the tree crown.
When thinning the crown of mature trees, up to 25 percent of the live foliage may be
removed unless directed otherwise by the County.
c. Crown Reduction: Used to reduce the height and/or spread of a tree. Crown reduction
varies from topping, a destructive practice, in that cuts are not made indiscriminately,
resulting in large stubbed off limbs that are subject to decay. While reducing a crown,
tree workers must adhere to basic tree trimming practices involving limb/branch size
relationships and use of the branch bark collar in avoiding the onset of decay at cut
sites.
d. Crown Restoration: Corrective pruning used to restore the form of crowns that have
been previously damaged by topping or other extenuating circumstances.
D. Crown Raising/Clearance Prune:
1. A crown raising or clearance prune does not involve the detail of work found in a full prune.
2. Crown Raising: Consists of removing the lower branches of a tree in order to provide
clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-
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half (½) of its foliage on branches that originate in the lower two-thirds (⅔) of its crown to
ensure a well-formed, tapered structure and to uniformly distribute stress within the tree.
3. Clearance Prune: Employed as a means of eliminating limbs from the crown of a hardwood
tree when an entire pruning of the tree is not warranted.
4. Removal of hanging and down limbs are included in this line item.
E. Specific Pruning Requirements for Conifers and Broadleaf Trees:
1. General Trimming and Shaping of Conifers:
a. Two basic classes of conifers can be found in County facilities, those with branches
radiating out from the trunk in whorls such as Pine trees or Cedar trees and those that
sprout branches in a random manner such as Juniper or Taxus.
b. Typically, up to 25 percent of the live foliage may be removed unless directed
otherwise by the County.
c. Contractor shall avoid damaging the central leader on all conifers. In specific cases
the County may direct the Contractor to remove the central leader in an effort to limit
the height of specific trees.
d. At the time of pruning, the County shall determine which trees shall have the new
growth pinched back in an effort to control canopy size.
e. To control the growth of large, mature conifers Contractor shall be required to prune
the new growth of lateral limbs.
f. Typical pruning of conifers shall generally consist of removing crossed limbs,
deadwood or unwanted branches from the interior of the canopy.
2. General Trimming and Shaping of Broadleaf Trees:
a. Follow the shape indicated by the natural growth habits of each tree species.
b. Cut to laterals to preserve the natural form of the tree, leaving the head open enough
for the branching system to show and permitting the dead material to be easily
cleaned out and light to show through the head.
c. Tree foliage may be reduced by up to thirty (30) percent.
d. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or
crossing limbs. Branches with an extremely narrow angle of attachment should
normally be removed.
e. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or
branch from which they arise.
f. Heading cuts and/or topping will not be allowed under any circumstances.
g. Heading, rounding over, or stubbing shall not be an accepted practice for reducing
the size or the framework of any tree.
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F. Pruning Specifications for Palm Trees:
1. Palm Pruning consists of maintaining the crowns and trunks of palms including the pruning
of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into
a ball or nut as applicable by palm type.
2. Non-Canary Island Date Palms shall be trimmed using sanitized equipment before and after
the equipment is used to cut the fronds of any other palm tree.
3. Canary Island Date Palms (Phoenix canariensis) shall be trimmed using a new handsaw
blade. This is to prevent the spread of fusarium. The Contractor may use a sanitized chainsaw
in forming and/or shaping the pineapple of the Canary Island Date Palm.
4. Except for date palms, fronds shall be pruned to an angle of 45 degrees or 10 & 2.
5. Date Palm fronds shall be pruned to an angle of 90 degrees or 9 & 3
6. Live Trunk Tissue shall not be cut while pruning palms.
7. The Contractor shall be responsible for removing palm fruit related stains from hardscape
elements that may occur while pruning
G. Tree and Stump Removal:
1. Removal of down or leaning trees and their root systems are included in this line item.
2. Contractor shall be responsible for contacting Underground Service Alert (USA) for location
of underground utilities prior to stumping operations.
3. Trees shall be felled in a manner consistent with industry practice with primary emphasis on
safety of public and protection of adjacent property.
4. Contractor will ensure they are removing the correct tree; errant removal of trees shall be
penalized.
5. Contractor shall maintain control of the tree and its parts at all times. At no time shall
branches, limbs or tree trunks be allowed to freefall and create damage of any type. Loss of
control incidents shall be penalized.
6. Stumps including root flare shall be ground to a depth of no less than eighteen (18) inches.
Surface roots shall be traced and ground to a depth of no less than eight inches.
7. Debris generated by stump grinding and root removal shall be removed from the site and
replaced with a topsoil mix. Chips and stump grinding shall not be used as a backfill material.
If stump grinding takes place in turfgrass, grass seed will be incorporated into the topsoil
either of the existing species or if unknown annual ryegrass.
8. If stump grinding does not follow within same work day as removal, tree trunk shall be left
five (5) feet above grade until stump grinding is complete.
9. Stumps to be left in place shall be cut at three (3) feet above grade.
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H. Root Pruning:
1. Roots shall be pruned immediately adjacent to the edge of sidewalk or curb or other
improvement. Root pruning cuts shall be four (4) inches wide, sixteen (16) deep as measured
from top of sidewalk, curb or adjacent improvement and extend eight (8) feet in each
direction from centerline of tree (sixteen (16) feet total length).
2. Root pruning equipment shall be specifically designed for this purpose with cutting teeth
sharpened adequately to sever roots in a clean manner and equipped with padded tracks or
rubber tires to prevent scraping or marking of sidewalks.
3. All cuts shall be backfilled immediately upon completion of root pruning at each location.
Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from
rocks. All debris generated by these operations will be immediately removed from site and
properly disposed of outside right-of-way.
4. Contractor shall repair or replace all utility service connections, sprinkler systems and any
other assets which are damaged or removed as a result of root pruning operations. Repairs
shall be implemented immediately and completed by end of next working day. Repairs and
replacements will be equal to existing improvement and shall match them in finish,
dimensions and manufacturer.
5. Root barriers will be installed only at County request.
I. Hourly Work/Crew Rental:
1. County may request Contractor to perform tree and/or vegetation operations outside of scope
of previously listed work items. Contractor shall furnish a crew with equipment necessary to
perform the requested work.
2. County shall determine if crew rental charges are justified and will provide Contractor with
written approval.
3. Line item pricing shall not apply or be “stacked” with hourly charges.
J. Tree Pest Treatment:
1. Contractor shall have an “in-house” CDPR Qualified Applicator apply pesticides in
accordance with the recommendations from the “in-house” CDPR Agricultural Pest Control
Adviser (PCA) and applicable product labels, Federal, State and local regulations.
2. Applications will be made by soil injection, trunk injection or spray as requested by the
County. OC Parks’ favored method of application is sub-surface soil injection (not drench).
3. All drills, tools and equipment used for trunk injection shall be sanitized between each
individual hole or injection point.
4. Emamectin benzoate application rate shall be 6ml per diameter inch at breast height. All other
treatment application rates shall use the high rate as listed per label unless otherwise
requested by OC Parks.
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K. Tree Planting
1. Tree planting consists of the installation of nursery stock container or palm trees supplied by
the Contractor, staking, backfilling, seeding and watering.
2. Contractor shall supply quality nursery stock which is fully rooted and representative of
recognized standards for size and quality of the material being planted.
3. Planting stock shall be well watered prior to shipping and covered for the duration of
transport.
a. Trees that are delivered uncovered, with a dry or fractured root ball or with broken
scaffold limbs will be rejected.
b. Root bound material will be rejected.
c. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball
will be rejected.
4. Contractor shall confirm correct planting site before excavation.
5. Contractor shall not excavate deeper than the depth of the root ball of the tree being installed.
The bottom of the planting pit shall be undisturbed so that the planted tree will not settle
below top of root ball grade standards defined herein.
6. Nursery containers and box sides shall be removed from tree root balls prior to planting. The
Contractor shall not install trees with box bottoms left on and all debris shall be removed
from the planting pit prior to backfilling.
7. Contractor shall install the tree or palm so that the top of trunk flare is two inches above
surrounding finish grade. The Contractor shall not cut or trim the root ball as a means of
meeting grade standards.
8. Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and
topsoil. The topsoil portion of the backfill mix shall contain no more than ten percent well
decomposed organic fines.
9. Contractor shall backfill palm plantings with one hundred (100) percent washed mortar
(plaster) sand.
10. Contractor shall cease backfilling when the planting pit is one-half full and apply water to
remove air pockets from the backfill. Once water has drained, Contractor shall resume
backfilling the planting pit.
a. A watering basin shall be constructed in a uniform circle and shall extend from the
center of the tree trunk to six (6) inches beyond the edge of the root ball.
b. The top of the watering basin shall be graded and maintained uniformly with the
upper edge of the basin maintained at a grade of four (4) inches above the root flare
of the tree.
11. Contractor is responsible for the stability of planted trees.
2022/07/26 City Council Post Agenda Page 57 of 297
a. The nursery stake stall be removed, and the tree shall be double staked using two,
two inch lodge pole stakes outside of the root ball and to a secure depth that properly
supports the new tree. In difficult sites or conditions, a 3 stake method can be used
following the same guidelines noted above.
b. The stakes shall be installed an equal distance from the trunk of the tree and shall be
installed perpendicular to the street or sidewalk and shall be installed so that one
stake is orientated to be one hundred eighty degrees opposite the other.
c. The root ball shall not be damaged by the installation of stakes.
d. The stake shall not be in contact with any aerial part of the tree.
12. Upon completion Contractor shall seed and top-dress barren areas within ten (10) feet of the
center of the trunk of the tree if there was established turf in that location.
a. Seed shall be of the same turf grass type existing on site or annual ryegrass if the turf
is a non-seedable variety; to be applied at a rate appropriate for the type of turf seed
applied.
b. Seed shall be top dressed with well-decomposed organic fines, spread evenly with a
topdressing roller, at a depth of one eighth (.125) inch. Use of manure, native soil or
chip topdressings will not be allowed.
VII. Specifications: List of all OCCR Facilities
A. OC Parks
1. Aliso and Wood Canyons
Wilderness Park 28373 Alicia Parkway, Laguna Niguel, CA 92677
2. Aliso Beach 31131 S. Pacific Coast Hwy., Laguna Beach, CA 92652
3. Arden: Helena Modjeska Historic
House and Gardens 29042 Modjeska Canyon Road, Modjeska, California
4. Capistrano Beach 35005 Beach Road, Capo Beach, CA 92675
5. Carbon Canyon Regional Park 4442 Carbon Canyon Road, Brea, CA 92823
6. Dana Point Harbor 34451 Ensenada Place, Dana Point, CA. 92629
7. Featherly Regional Park 24001 Santa Ana Canyon Road, Anaheim, CA 92808
8. George Key Ranch Historic Park 625 W. Bastanchury Road, Placentia, CA 92870
9. Harriett M. Wieder Regional Park 19251 Seapoint Ave., Huntington Beach, CA 92648
10. Heritage Hill Historical Park 25151 Serrano Road, Lake Forest, CA 92630-2534
11. Historic Yorba Cemetery Woodgate Park, Yorba Linda, CA 92886
12. Irvine Lake 4621 E. Santiago Canyon Road, Silverado, CA 92676
13. Irvine Ranch Historic Park 13042 Old Myford Rd., Irvine, CA 92602
14. Irvine Ranch Open Space 4727 Portola Pkwy, Irvine, CA 92620
15. Irvine Regional Park 1 Irvine Park Road, Orange, CA 92869
16. Laguna Coast Wilderness Park 18751 Laguna Canyon Road, Laguna Beach, CA 92651
17. Laguna Niguel Regional Park 28241 La Paz Road, Laguna Niguel, CA 92677
18. Mile Square Regional Park 16801 Euclid St., Fountain Valley, CA 92708
19. Newport Harbor 1901 Bayside Dr., Newport Beach, CA 92625
20. Old Orange County Courthouse 211 W. Santa Ana Blvd., Santa Ana, CA 92701
21. O'Neill Regional Park
30892 Trabuco Canyon Road, Trabuco Canyon, CA
92678
22. Orange County Zoo 1 Irvine Park Road, Orange, CA 92869
2022/07/26 City Council Post Agenda Page 58 of 297
23. Peters Canyon Regional Park 8548 E. Canyon View Ave., Orange, CA 92869
24. Ralph B. Clark Regional Park 8800 Rosecrans Ave., Buena Park, CA 90621
25. Ramon Peralta Adobe Historic Site 6398 E. Santa Ana Canyon Road, Anaheim, CA 92807
26. Regional Trails 13042 Old Myford Road, Irvine, CA 92602-2304
27. Ronald W. Caspers Wilderness
Park 33401 Ortega Hwy., San Juan Capistrano, CA 92675
28. Salt Creek Beach 33333 S. Pacific Coast Hwy., Dana Point, CA 92629
29. Santiago Oaks Regional Park 2145 N. Windes Drive, Orange, CA 92869
30. Sunset Harbour 2901 Edinger Ave., Huntington Beach, CA 92649
31. Talbert Regional Park 1298 Victoria Avenue, Costa Mesa, CA 92627
32. Ted Craig Regional Park 3300 State College Blvd., Fullerton, CA 92835
33. Thomas F. Riley Wilderness Park 30952 Oso Parkway, Coto De Caza, CA 92679
34. Tri-City Regional Park 2301 Kraemer Blvd., Placentia, CA 92870
35. Upper Newport Bay Nature
Preserve 2301 University Drive, Newport Beach, CA 92660
36. Whiting Ranch Wilderness Park 26701 Portola Parkway, Foothill Ranch, CA 92610
37. William R. Mason Regional Park 18712 University Drive, Irvine, CA 92612-2601
38. Yorba Regional Park 7600 E. La Palma, Anaheim, CA 92807
B. OC Public Libraries
1. Aliso Viejo Library 1 Journey, Aliso Viejo, CA 92656
2. Brea Library 1 Civic Center Circle, Brea, CA 92821
3. Costa Mesa - Mesa Verde
Library 2969 Mesa Verde Drive, Costa Mesa, CA 92626
4. Costa Mesa-Donald Dungan
Library 1855 Park Ave, Costa Mesa, CA 92627
5. Cypress Library 5331 Orange Avenue, Cypress, CA 90630
6. Dana Point Library 33841 Niguel Rd., Dana Point, CA 92629
7. El Toro Library 24672 Raymond Way, Lake Forest, CA 92630
8. Foothill Ranch Library 27002 Cabriole Way, Foothill Ranch, CA 92610
9. Fountain Valley Library 17635 Los Alamos, Fountain Valley, CA 92708
10. Garden Grove - Tibor Rubin 11962 Bailey St., Garden Grove, CA 92845
11. Garden Grove Chapman Library 9182 Chapman Ave., Garden Grove, CA 92841
12. Garden Grove Main Library 11200 Stanford Ave., Garden Grove, CA 92840
13. Irvine Heritage Park 14361 Yale Avenue, Irvine, CA 92604
14. Irvine Katie Wheeler Library 13109 Old Myford Rd., Irvine, CA 92602
15. Irvine University Park Library 4512 Sandburg Way, Irvine, CA 92612
16. La Habra Library 221 East La Habra Blvd., La Habra, CA 90631
17. LA Palma Library 7842 Walker St., La Palma, CA 90623
18. Ladera Ranch Library 29551 Sienna Parkway, Ladera Ranch, CA 92694
19. Laguna Beach Library 363 Glenneyre Street, Laguna Beach, CA 92651
20. Laguna Hills Technology
Library 25555 Alicia Parkway, Laguna Hills, CA 92653
21. Laguna Niguel Library
30341 Crown Valley Pkwy, Laguna Niguel, CA
92677
22. Laguna Woods Library 24264 El Toro Road, Laguna Woods, CA 92637
23. Library of the Canyons
7531 E. Santiago Canyon Road, Silverado, CA
92676
2022/07/26 City Council Post Agenda Page 59 of 297
24. Los Alamitos-Rossmoor Library 12700 Montecito, Seal Beach, CA 90740
25. Rancho Santa Margarita Library
30902 La Promesa, Rancho Santa Margarita, CA
92688
26. San Clemente Library 242 Avenida Del Mar, San Clemente, CA 92672
27. San Juan Capistrano Library
31495 El Camino Real, San Juan Capistrano, CA
92675
28. Seal Beach Library 707 Electric Ave., Seal Beach, CA 90740
29. Stanton Library 7850 Katella Ave., Stanton, CA 90680
30. Tustin Library 345 E. Main Street, Tustin, CA 92780
31. Villa Park Library 17865 Santiago Blvd., Villa Park, CA 92861
32. Westminster Library 8180 13th Street, Westminster, CA 92683
C. OC Animal Care
1. OC Animal Care 1630 Victory Rd., Tustin, CA 92782
2022/07/26 City Council Post Agenda Page 60 of 297
ATTACHMENT B
PAYMENT AND COMPENSATION
1. Compensation: This is a firm-fixed fee Contract between County and Contractor for Tree Care
and Maintenance Services as set forth in Attachment A, Scope of Work.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment
for performing all services and furnishing all staffing and materials required, for any reasonably
unforeseen difficulties which may arise or be encountered in the execution of the services until
acceptance, for risks connected with the services, and for performance by Contractor of all its duties
and obligations hereunder. Contractor shall only be compensated as set forth herein for work
performed in accordance with the Scope of Work. County shall have no obligation to pay any
sum in excess of the fixed rates specified herein unless authorized by amendment in
accordance with Articles C & P of County Contract Terms and Conditions.
2. Fees and Charges: Contract amount shall not exceed the following:
TOTAL NOT TO EXCEED AMOUNT OF: NINE MILLION THREE HUNDRED SIXTY
THOUSAND DOLLARS AND ZERO CENTS ($9,360,000.00)
3. Price Increase/Decreases: No price increases will be permitted during the first period of Contract.
County requires documented proof of cost increases on Contracts prior to any price adjustment. A
minimum of 30-days advance notice in writing is required to secure such adjustment. No
retroactive price adjustments will be considered. All price decreases will automatically be extended
to County of Orange. County may enforce, negotiate, or cancel escalating price Contracts or take
any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain
firm during the period of Contract. Adjustments increasing Contractor’s profit will not be allowed.
4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or
less than prices quoted to any other local, State or Federal government entity for services of equal
or lesser scope. Contractor agrees that no price increases shall be passed along to County during
the term of this Contract not otherwise specified and provided for within this Contract.
5. Contractor’s Expense: Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance
of work and services under this Contract.
6. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user
agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor
shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice
in a format acceptable to County of Orange and verified and approved by the agency/department
and subject to routine processing requirements. The responsibility for providing an acceptable
invoice rests with Contractor.
CONTRACT PERIOD NOT TO EXCEED AMOUNT
1 $3,120,000.00
2 $3,120,000.00
3 $3,120,000.00
2022/07/26 City Council Post Agenda Page 61 of 297
Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse
County of Orange for any monies paid to Contractor for goods or services not provided or when
goods or services do not meet Contract requirements.
Payments made by County shall not preclude the right of County from thereafter disputing any
items or services involved or billed under this Contract and shall not be construed as acceptance of
any part of the goods or services.
7. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted
to County for payment to ensure compliance with IRS requirements and to expedite payment
processing.
8. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead
for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice
with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from 1 above
c. Contractor’s Taxpayer ID Number
d. Name of County Agency/Department
e. Delivery/service address
f. Contract MA-012-22010006
g. Requisition 1397179
h. Agency/Department’s Account Number
i. Date of invoice
j. Product/service description, quantity, and prices
k. Sales tax, if applicable
l. Freight/delivery charges, if applicable
m. Total
Invoice and support documentation are to be forwarded to:
OC Community Resources: Accounts Payable
Attn: Accounts Payable
601 North Ross Street
6th Floor
Santa Ana, CA 92701
9. Payment (Electronic Funds Transfer (EFT): County of Orange offers contractors the option of
receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in
lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice
with the payment details via e-mail. An e-mail address will need to be provided to The County of
Orange via an EFT Authorization Form. To request a form, please contact the agency/department
Procurement Buyer listed in Contract. Upon completion of the form, please mail, fax or email to
the address or phone listed on the form.
2022/07/26 City Council Post Agenda Page 62 of 297
ATTACHMENT C
COST PROPOSAL
Routine Annual Tree Maintenance and Other High Volume Work
Work Description Tree DBH Unit Unit Cost
Full Prune 0” - 6" EA 55.00
Full Prune 7” - 12” EA 75.00
Full Prune 13” - 18” EA 125.00
Full Prune 19” - 24” EA 150.00
Full Prune 25” - 30” EA 175.00
Full Prune 31” - 36” EA 175.00
Full Prune 36”+ EA 325.00
Crown Raise/Clearance Prune 0” - 6" EA 35.00
Crown Raise/Clearance Prune 7” - 12” EA 35.00
Crown Raise/Clearance Prune 13” - 18” EA 45.00
Crown Raise/Clearance Prune 19” - 24” EA 45.00
Crown Raise/Clearance Prune 25” - 30” EA 55.00
Crown Raise/Clearance Prune 31” - 36” EA 55.00
Crown Raise/Clearance Prune 36”+ EA 85.00
Prune Date Palm N/A EA 85.00
Prune Fan Palm N/A EA 85.00
Prune all other Palm Species N/A EA 50.00
Palm Frond Removal in Excess of 3 Years Growth N/A LF 20.00
Palm Trunk Skinning in Excess of 10 feet N/A LF 20.00
Palm Trunk Skinning Less Than 10 feet N/A LF 20.00
Tree Removal with Stump Grinding 0” - 6" EA 100.00
Tree Removal with Stump Grinding 7” - 12” EA 250.00
Tree Removal with Stump Grinding 13” - 18” EA 495.00
Tree Removal with Stump Grinding 19” - 24” EA 495.00
Tree Removal with Stump Grinding 25” - 30” EA 695.00
Tree Removal with Stump Grinding 31” - 36” EA 695.00
Tree Removal with Stump Grinding 36”+ EA 895.00
Tree Removal w/o Stump Grinding 0” - 6" EA 75.00
Tree Removal w/o Stump Grinding 7” - 12” EA 195.00
Tree Removal w/o Stump Grinding 13” - 18” EA 295.00
Tree Removal w/o Stump Grinding 19” - 24” EA 350.00
Tree Removal w/o Stump Grinding 25” - 30” EA 500.00
Tree Removal w/o Stump Grinding 31” - 36” EA 500.00
Tree Removal w/o Stump Grinding 36”+ EA 795.00
2022/07/26 City Council Post Agenda Page 63 of 297
Root Pruning N/A LF 25.00
Root Barrier N/A LF 25.00
Hand Watering N/A HR 94.00
Hourly Work/Crew Rental (Incl. all personnel and equip.) N/A HR 94.00
Inventory Entry N/A EA 6.00
Low Volume Work
Work Description Tree DBH Unit Unit Cost
Full Prune 0” - 6" EA 55.00
Full Prune 7” - 12” EA 75.00
Full Prune 13” - 18” EA 125.00
Full Prune 19” - 24” EA 150.00
Full Prune 25” - 30” EA 175.00
Full Prune 31” - 36” EA 175.00
Full Prune 36”+ EA 325.00
Crown Raise/Clearance Prune/Hanging or Down Limb 0” - 6" EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 7” - 12” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 13” - 18” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 19” - 24” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 25” - 30” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 31” - 36” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 36”+ EA 94.00
Prune Date Palm N/A EA 85.00
Prune Fan Palm N/A EA 85.00
Prune all other Palm Species N/A EA 50.00
Palm Frond Removal in Excess of 3 Years Growth N/A LF 20.00
Palm Trunk Skinning in Excess of 10 feet N/A LF 20.00
Palm Trunk Skinning Less Than 10 feet N/A LF 20.00
Tree Removal with Stump Grinding 0” - 6" EA 100.00
Tree Removal with Stump Grinding 7” - 12” EA 250.00
Tree Removal with Stump Grinding 13” - 18” EA 495.00
Tree Removal with Stump Grinding 19” - 24” EA 495.00
Tree Removal with Stump Grinding 25” - 30” EA 695.00
Tree Removal with Stump Grinding 31” - 36” EA 695.00
Tree Removal with Stump Grinding 36”+ EA 895.00
Tree Removal w/o Stump Grinding 0” - 6" EA 75.00
Tree Removal w/o Stump Grinding 7” - 12” EA 195.00
Tree Removal w/o Stump Grinding 13” - 18” EA 295.00
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Tree Removal w/o Stump Grinding 19” - 24” EA 350.00
Tree Removal w/o Stump Grinding 25” - 30” EA 500.00
Tree Removal w/o Stump Grinding 31” - 36” EA 500.00
Tree Removal w/o Stump Grinding 36”+ EA 795.00
Root Pruning N/A LF 25.00
Root Barrier N/A LF 25.00
Hand Watering N/A HR 94.00
Hourly Work/Crew Rental (Incl. all personell and equip.) N/A HR 94.00
Inventory Entry N/A EA 6.00
Emergency and Priority Mobilization Fees
Work Description Unit Unit
Cost
Emergency (2 Hour Response) EA 250.00
Priority (< 7 Day Response) EA 250.00
Tree Pest Treatment
ISHB Work Description Group Unit Unit
Price
Imidacloprid (SI) Treatment 1 Dia./Inc
h
3.25
Imidacloprid (SI), Propiconazole+Bifenthrin+Cease+Pentra
bark (TS) Treatment 2 Dia./Inc
h
6.50
Imidacloprid (SI), Tebuconazole+Bifenthrin+Cease+Pentra
bark (TS) Treatment 3 Dia./Inc
h
6.50
Propiconazole+Bifenthrin+Cease+Pentra bark (TS) Treatment 4 Dia./Inc
h
4.50
Tebuconazole+Bifenthrin+Cease+Pentra bark (TS) Treatment 5 Dia./Inc
h
4.50
Bifenthrin+Cease+Pentra bark or Nufilm (TS) Treatment 6 Dia./Inc
h
3.25
Emamectin benzoate+Propiconazole (TI) Treatment 7 Dia./Inc
h
8.00
Emamectin benzoate+Propiconazole (TI),
Bifentrhin+Cease+Nufilm (TS) Treatment 8 Dia./Inc
h
10.00
GSOB Work
Description Group Unit Unit
Price
Bifenthrin+Nufilm (TS) Treatment 9 Dia./Inc
h
3.50
Carbaryl+Nufilm (TS) Treatment
10
Dia./Inc
h
5.00
Bifenthrin+Nufilm (TS), Emamectin benzoate (TI) Treatment
11
Dia./Inc
h
11.00
Carbaryl+Nufilm (TS), Emamectin benzoate (TI) Treatment
12
Dia./Inc
h
12.00
Dinotefuran+Pentra-bark (BS) Treatment
13
Dia./Inc
h
5.00
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Dinotefuran+Pentra-bark (BS) Bifenthrin+Nufilm (TS) Treatment
14
Dia./Inc
h
8.00
Dinotefuran+Pentra-bark (BS) Carbaryl+Nufilm (TS) Treatment
15
Dia./Inc
h
9.50
Emamectin benzoate (TI) Treatment
16
Dia./Inc
h
9.50
TS=trunk spray, TI= trunk injection, SI=soil injection BS=basal spray
*Emamectin benzoate application rate shall be 6ml per diameter inch at
breast height
*All other treatment application rates shall use the high rate as listed per
label
Tree Planting (Includes tree, labor, equipment, materials and initial watering)
Container Size Minimum
DBH Unit Unit
Cost
15 Gallon 1 EA 190.00
24 Inch Box 1.5 EA 325.00
36 Inch Box 2.5 EA 800.00
48 Inch Box 3.5 EA 1,200.00
Fan Palm per Ft. Brown Trunk Height 8 FT 94.00
Sustainability Measures
Indicate Ability and Willingness to Provide/Conform Yes No
Zero emission leaf blower with max noise emission of 65db
Bio-based bar and chain oil certified by USDA BioPreferred
program
Proposed Price Escalation
Work Description Unit Figure
Year 4 Escalation % 4
Year 5 Escalation % 4
Bidders are encouraged to propose additional services, alternate methods, materials, etc.
Work Description Unit Unit
Cost
Senior Tree Trimmer HR 94.00
Tree Trimmer HR 94.00
Groundsperson HR 94.00
Arborist Services/Grant Writing HR 154.00
Crane with Operator HR 282.00
95-ft Aerial Tower With Operator HR 188.00
Loader with Roll Off Truck & Operator HR 94.00
Contaminated Disposal Fee TON 94.00
Crown Reduction Pruning HR 94.00
2022/07/26 City Council Post Agenda Page 66 of 297
County of Orange
OC Community Resources
Contract MA-012-22010006
Tree Care and Maintenance Services
Page 42 of 45
File No.: C030928
ATTACHMENT D
STAFFING PLAN
I. KEY PERSONNEL
Respondents must identify all key staff members proposed to be assigned to the Contract if awarded to
Respondent. Respondent shall provide the following information on each proposed staff member to be assigned
to the Proposed Contract. Use additional sheets as needed.
Name Classification/Designation Year of
Experience
Years with
Company
Professional
Licenses or
Credentials
Kris Burbidge Area Manager 20 Years 20 Years #WE 9566 AUM
Samuel Jimenez Area Supervisor 12 Years 12 Years #WE 11109AT
Andrew Pineda GIS Analyst 5 Years 3 Years #WE12738A
Dane Jensen Safety & Training Office 10 Years 3 Years #WE 12014A
Timothy
Crothers
Planet Health Care
Manager
15 Years 10 Years #WE7655BUM
The substitution or addition of other key individuals in any given category or classification shall be allowed only
with prior written approval of County Project Manager or designee.
II. SUBCONTRACTORS
Listed below are subcontractor(s) anticipated by Contractor to perform services as specified in Attachment
A. Substitution or addition of Contractor’s subcontractors in any given project function shall be allowed only
with prior written approval of County’s Project Manager.
Company Name & Address Contact Name and Telephone
Number Project Function
No Subcontractors to be used
vgonzalez@wcainc.com
2022/07/26 City Council Post Agenda Page 67 of 297
EXHIBIT B
REQUIRED SERVICES GENERAL PROVISIONS
B.1 Required Services. Contractor agrees to perform the services as stated in the Original
Contract and this Agreement, within the time frames set forth herein.
B.2 Reductions in Scope of Work. City may independently, or upon request from Contractor,
reduce the Required Services to be performed by Contractor under this Agreement. Upon doing
so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating a
corresponding reduction in the compensation associated with the reduction.
B.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies,
procedures and ordinances governing procurement and purchasing authority, City may request
Contractor provide additional services related to the Required Services (“Additional Services”).
If so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating an
amendment to the Agreement to add the Additional Services. Unless otherwise agreed,
compensation for the Additional Services shall be charged and paid consistent with the rates and
terms already provided therein. Once added to the Agreement, “Additional Services” shall also
become “Required Services” for the purposes of this Agreement.
B.4 Standard of Care. Contractor expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised
by members of the profession currently practicing under similar conditions and in similar
locations.
B.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be
conceptual approval only and does not relieve Contractor of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors,
omissions, noncompliance with industry standards, or the willful misconduct of Contractor or its
subcontractors.
B.6 Security of Performance. In the event that the Payment Terms indicate the need for
Contractor to provide additional security for performance of its duties under this Agreement,
Contractor shall provide such additional security prior to commencement of its Require Services
in the form and on the terms prescribed in the this Agreement, or as otherwise prescribed by the
City Attorney.
B.7 Compliance with Laws. In its performance of the Required Services, Contractor shall
comply with any and all applicable federal, state, and local laws, including the Chula Vista
Municipal Code.
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EXHIBIT C
PAYMENT TERMS
C.1. Time and Materials. For performance of the Required Services by Contractor as identified
herein, City shall pay Contractor for the productive hours of time spent by Contractor in the
performance of the Required Services, at the rates or amounts as indicated below:
C.2. Reimbursement of Costs
There are no reimbursable costs under this Agreement. The compensation identified herein
includes all costs.
C.3. Additional Security. None
C.4. Prevailing Wages. Yes
C.5. Maximum Contract Amount. The maximum amount to be paid to Contractor for services
performed during the Initial Term is $1,500,000. If City elects to exercise an option to extend the
Agreement per Section 2, the maximum amounts to be paid to Contractor for services performed
during each option term(s) shall be as follows:
Option Year 1 (July 1, 2024 – June 30, 2025): $750,000.00*
Option Year 2 (July 1, 2025 – June 30, 2026): $750,000.00*
2022
Item Work Type Unit Current
1 Eucalyptus Prune 6‐12 DSH Each $ 77.15
2 Eucalyptus Pruning 13‐24 DSH Each $ 77.15
3 Eucalyptus Pruning 25‐30 DSH Each $ 212.18
4 Eucalyptus Pruning >30 DSH Each $ 330.06
5 Broadleaf Pruning Each $ 77.15
6 Pine & Conifer Pruning Each $ 147.88
7 Palm Pruning ‐ King/Queen/Pindo Each $ 30.00
8 Palm Pruning ‐ Fan Each $ 39.65
9 Palm Pruning ‐ Date Each $ 101.80
10 Palm Tree Removal Foot $ 34.30
11 Tree and Stump Removal Dia. Inch $ 34.30
12 Stump Only Removal Dia. Inch $ 12.86
13 Bio‐barrier Installation ‐ 12"Foot $ 23.58
14 Root Pruning Foot $ 23.58
15 Emergency Response ‐ per man 7am ‐7pm Man Hour $ 80.37
16 Emergency Response ‐ per man 7pm ‐7am Man Hour $ 96.45
PUBLIC WORKS
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* Amounts duly approved but not encumbered during the Initial Term, or prior option(s) terms,
may be carried over, in City’s sole discretion, to increase the maximum amount to be paid during
a subsequent option term.
Notwithstanding any of the above, the maximum amount to be paid to the Contractor for services
performed through June 30, 2026 shall be $3,000,000.00.
C.6. Permitted Subcontractors. None.
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EXHIBIT D
INSURANCE REQUIREMENTS
D.1 Required Insurance. Contractor must procure and maintain, during the period performance
of the Required Services under this Agreement, and for twelve months after completion of
Required Services, the policies of insurance set forth below in C.13 (“Required Insurance”). The
Required Insurance shall also comply with all other terms of this Exhibit.
D.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
relating to the Required Insurance must be disclosed to approved by City in advance of the
commencement of work.
D.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted
to transact business in the State of California with a current A.M. Best’s rating of A V or better,
or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of
California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no
less than A X. For Worker’s Compensation Insurance, insurance issued by the State Compensation
Fund is also acceptable.
D.4 Subcontractors. Contractor must include all sub-contractors/service providers as insured
under its policies and/or furnish separate certificates and endorsements demonstrating separate
coverage for those not under its policies. Any separate coverage for sub-contractors/service
providers must also comply with the terms of this Agreement.
D.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must
be named as additional insured with respect to any policy of general liability, automobile, or
pollution insurance specified as required below in C.13 or as may otherwise be specified by City’s
Risk Manager. The general liability additional insured coverage must be provided in the form of
an endorsement to the Contractor’s insurance using ISO CG 20 10 (11/85) or its equivalent; such
endorsement must not exclude Products/Completed Operations coverage.
D.6 General Liability Coverage to be “Primary.” Contractor’s general liability coverage must
be primary insurance as it pertains to City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers
is wholly separate from the insurance provided by Contractor and in no way relieves Contractor
from its responsibility to provide insurance.
D.7 No Cancellation. No Required Insurance policy may be canceled by either Party during
the required insured period under this Agreement, except after thirty days’ prior written notice to
City by certified mail, return receipt requested. Prior to the Effective Date of any such cancellation
Contractor must procure and put into effect equivalent coverage(s).
D.8 Waiver of Subrogation. Contractor will provide a Waiver of Subrogation in favor of City
for each Required Insurance policy under this Agreement. In addition, Contractor waives any right
it may have or may obtain to subrogation for a claim against City.
2022/07/26 City Council Post Agenda Page 71 of 297
D.9 Verification of Coverage. Prior to commencement of any work, Contractor shall furnish
City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor has obtained the Required Insurance in compliance with the
terms of this Agreement. The words “will endeavor” and “but failure to mail such notice hall
impose no obligation or liability of any kind upon the company, its agents, or representatives” or
any similar must be deleted from all certificates. The required certificates and endorsements
should otherwise be on industry standard forms. City reserves the right to require, at any time,
complete, certified copies or all required insurance policies, including endorsements evidencing
the coverage required by these specifications.
D.10 Claims Made Policy Requirements. If General Liability, Pollution, and/or Asbestos
Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-
made form, the following requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the
beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five
(5) years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a “Retro Date” prior to the Effective Date of this Agreement, Contractor must
purchase “extended reporting” coverage for a minimum of five (5) years after completion
of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to City for review.
D.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be
constructed to limit Contractor’s obligations under this Agreement, including Indemnity.
D.12 Additional Coverage. To the extent that insurance coverage provide by Contractor
maintains higher limits than the minimums appearing below in C.13, City requires and shall be
entitled to coverage for higher limits maintained.
2022/07/26 City Council Post Agenda Page 72 of 297
D.13 Insurance Requirements.
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products
and complete
operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence
limit.
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waive of Recovery Endorsement
Insurance Services Office
Form
CG 00 01
*Must be primary and must
not exclude
Products/Completed
Operations
☒ Automobile
Liability
$1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office
Form
CA 00 01
Code 1 – Any Auto
Code 8 – Hired
Code 9 – Non-Owned
☒ Workers’
Compensation
Employer’s
Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
☒ Professional
Liability (Errors &
Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: None
2022/07/26 City Council Post Agenda Page 73 of 297
EXHIBIT E
INDEMNITY REQUIREMENTS
E.1 General. To the maximum extent allowed by law, Contractor shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in
connection with the performance of the Required Services, the results of such performance, or this
Agreement. This indemnity provision does not include any claims, damages, liability, costs and
expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also
covered is liability arising from, connected with, caused by or claimed to be caused by the active
or passive negligent acts or omissions of the Indemnified Parties which may be in combination
with the active or passive negligent acts or omissions of the Contractor, its employees, agents or
officers, or any third party.
E.2 Modified Indemnity Where Agreement Involves Design Professional Services.
Notwithstanding the forgoing, if the services provided under this Agreement are design
professional services, as defined by California Civil Code Section 2782.8, as may be amended
from time to time, the defense and indemnity obligation under Section D.1, above, shall be limited
to the extent required by California Civil Code Section 2782.8.
E.3 Costs of Defense and Award. Included in Contractor’s obligations under these Indemnity
Provisions is Contractor’s obligation to defend, at Contractor’s own cost, expense and risk, any
and all suits, action or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Indemnity Provisions, Contractor
shall pay and satisfy any judgment, award or decrees that may be rendered against on or more of
the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
E.4 Contractor’s Obligations Not Limited or Modified. Contractor’s obligations under these
Indemnity Provisions shall not be limited to insurance proceeds, if any, received by the
Indemnified Parties, or by any prior or subsequent declaration by Contractor. Furthermore,
Contractor’s obligations under this Indemnity Requirements shall in no way limit, modify or
excuse any of Contractor’s other obligations or duties under this Agreement.
E.5 Enforcement Costs. Contractor agrees to pay any and all costs City incurs in enforcing
Contractor’s obligations under these Indemnity Provisions.
E.6 Survival. Contractor’s obligations under these Indemnity Provisions shall survive the
termination of this Agreement.
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EXHIBIT F
CONTRACTOR CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require
designated state and local government officials, including some consultants, to make certain public
disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is
a public document, accessible to any member of the public. In addition, consultants designated to
file the Form 700 are also required to comply with certain ethics training requirements.3
☐ A. Contractor IS a corporation or limited liability company and is therefore EXCLUDED 4 from
disclosure.
☐ B. Contractor NOT a corporation or limited liability company and disclosure designation is as
follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE
SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-
interest-code.)
Name Email Address Applicable Designation
Enter Name of Each
Individual Who Will Be
Providing Service Under
the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for
each individual
Enter email
address(es)
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or
more of the categories under which the
Contractor shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐
6. ☐ 7.
Justification:
☐ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets
the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk
via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional
Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30
days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City
pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on
an analysis of the services the Contractor will provide. Notwithstanding this designation or anything
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th
261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental
decision; “individual” does not include corporation or limited liability company).
2022/07/26 City Council Post Agenda Page 75 of 297
in the Agreement, the Contractor is ultimately responsible for complying with FPPC regulations and
filing requirements. If you have any questions regarding filing requirements, please do not hesitate to
contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the
written determination of the consultant’s requirement to comply with the disclosure requirements set forth in
the Code.
Completed by: Steve Padilla, Public Works Manager
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v . 0 03 P a g e | 1
July 26, 2022
ITEM TITLE
Agreement: Approve a Research Use Agreement with the Regents of the University of California
Authorizing the Installation of Lighting Technology at SDG&E Park
Report Number: 22-0198
Location: SDG&E Park, 1450 Hilltop Drive
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class
2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small
Structures).
Recommended Action
Adopt a resolution approving the Research Use Agreement with the Regents of the University of California
authorizing the installation of lighting technology at SDG&E Park.
SUMMARY
Exterior lighting generally operates from early evening through early morning, a period of little to no
renewable energy generation, which means this lighting is primarily powered by carbon-dense fossil fuels.
Fossil fuel use is a significant contributor to greenhouse gas emissions, poor air quality, water pollution, and
land degradation. In addition, low-quality exterior lighting characterized by poor color, inappropriate light
distribution, and inadequate light levels and has also been linked to increased crime rates and reduced
physical activity within the surrounding community. Many cities struggle with maintenance challenges for
aging exterior light fixtures. The California Energy Commission funded the California Lighting Technology
Center at the University of California - Davis to address these issues. The City of Chula Vista was included as
a partner and a planned demonstration site for new lighting technology at SDG&E Park which has been
identified to receive up to 40 new grid-connected luminaires with solar power and battery storage, at no cost
to the City.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2
(Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small
Structures) because the proposed actions would not result in a significant effect on the environment, create
a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a
historical resource. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Exterior lighting generally operates from early evening through early morning, a period of little to no
renewable energy generation, which means this lighting is primarily powered by carbon-dense fossil fuels.
Fossil fuel use is a significant contributor to greenhouse gas emissions (GHG), poor air quality, water
pollution, and land degradation. In addition, low-quality exterior lighting characterized by poor color,
inappropriate light distribution, and inadequate light levels has also been linked to increased crime rates and
reduced physical activity within the surrounding community. For many California cities, antiquated
electrical infrastructure combined with aging fixtures and sources has created insurmountable maintenance
challenges resulting in inoperable luminaires that further exacerbate already poor exterior lighting
conditions. Combine these conditions with Public Safety Power Shutoffs (PSPS), which are increasingly
common, and you have a carbon-intensive system that disproportionately impacts disadvantaged and low-
income communities already suffering from an unsafe exterior environment with substandard lighting.
To address these issues, the California Energy Commission (CEC) funded California Lighting Technology
Center (CLTC) at University of California – Davis (UC Davis) to develop and demonstrate renewable energy
and advanced lighting (REAL) systems equipped with many of the advanced features absent from today's
commercial exterior lighting systems. These features include hybrid power (solar and grid -tied); battery
energy storage (BES); control systems equipped with two-way communication between the grid/utility and
the lighting network for real-time updates (i.e., time-of-use, PSPS, etc.); best-in-class energy-efficiency;
predictive and adaptive occupancy-based dimming; and use of circadian-appropriate lighting spectrum.
REAL systems will be designed specifically to have hybrid power, smart controllers for best battery charging
time, light and health, reduced carbon emissions, reliability, and community safety.
Importantly, this project re-invents lighting design practices specifically for low-income and disadvantaged
communities by engaging residents and business owners directly in a series of local community studies and
technology demonstrations. Only by pursuing this inclusive, community-focused relighting strategy can the
true potential of energy-efficient, demand-flexible, exterior lighting for improved safety and health be
realized. CLTC will collaborate with its industry partners and committed demonstration communities,
including the City of Chula Vista, to ensure REAL systems meet community technical and cost effectiveness
needs, including:
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Reduced energy use of up to 80% compared to each community’s baseline
Stored solar electricity in an integrated battery that can power the luminaires at night
Integrated adaptive, networked controls to enable grid flexibility capabilities that maximize the use
of low-or-no carbon electricity sources
Occupancy and schedule-based dimming
Interconnection with utility to participate in net energy metering or similar utility programs, where
available
Safety and security, glare reduction, enhanced visibility and safety for drivers and pedestrians
Potential for deployment of REAL systems in other communities after the project concludes.
Specifically, this project will provide much-needed outdoor lighting to SDG&E Park and will allow members
of the community to participate in the research process. A planned demonstration site for new lighting
technology at SDG&E Park has been identified to receive up to 40 new grid-connected luminaires with solar
power and battery storage, at no cost to the City. As the lights will be powered by stored solar electricity, the
City should realize utility savings and resiliency in the event of a power outage. This project is near Loma
Verde Recreation Center and will be a complement to the reconstruction work taking place at that location.
The City’s Office of Sustainability will coordinate with CLTC on this project, in conjunction with Public Works
and the Community Services Departments.
Energy and environmental condition monitoring equipment will be installed on the existing light poles to
determine the baseline lighting operation and electric load, as well as be used to monitor the new REAL
system after retrofit is completed. Data collected from the monitoring equipment will be securely stored
using the ezeio mkII Cloud Software service. Real-time access to data is restricted to CLTC staff via a secure
login and password and data will be available upon request to project partners. Data analysis will be
performed to understand the system performance with respect to potential energy savings, peak demand
reduction, grid flexibility potential, and economic analysis.
LED luminaires, solar panels and/or batteries, and lighting control systems will be installed, monitored,
evaluated, and maintained by CLTC until March of 2025 at CLTC’s sole cost. Data collection by CLTC will take
place at regular intervals and upon completion of the grant period, the lighting units will remain in place and
become property of the City of Chula Vista. Data collection will end, and monitoring equipment will be
removed by March of 2025, but LED luminaires, solar panels and/or batteries and lighting control systems
will remain installed. After this period maintenance of the lighting system will become the responsibility of
the City. In addition, CLTC has identified SBCS as a local Community Based Organization and will work with
them on a series of outreach events to survey the local community over the course of this project. Community
members will be engaged in the process by providing input on the plans and having evening guided tours
before and after installation of the new lighting technology.
Through this action, staff is recommending that the City Council approve a Research Use Agreement with
The Regents of the University of California to authorize the installation of lighting technology at SDG&E Park.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
2022/07/26 City Council Post Agenda Page 79 of 297
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Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member,
of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact to the General Fund as a result of this action as these units are being installed at no-
cost to the City.
ONGOING FISCAL IMPACT
It is expected that the City will realize a decrease in energy costs for lighting at this park, which will result in
savings to the General Fund.
ATTACHMENTS
1. Research Use Agreement
Staff Contact: Eric Crockett, Deputy City Manager or Coleen Wisniewski, Environmental Sustainability
Manager
2022/07/26 City Council Post Agenda Page 80 of 297
Agreement #22-00059RUA
RESEARCH USE AGREEMENT
THIS RESEARCH USE AGREEMENT (“RUA”) is made and entered into by and between THE
REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, on behalf of its
Davis campus (“University”) and CITY OF CHULA VISTA, a chartered municipal corporation
(“Owner”). Owner and University may be hereinafter referred to individually as a “Party” or
collectively as the “Parties”.
WHEREAS, University seeks to acquire the right to enter upon Owner’s property located at
1450 Hilltop Drive, Chula Vista, California (“Premises”), as shown on the attached Exhibit “A”,
which is incorporated by reference, to conduct a research project as specified in Paragraph 1,
below.
WHEREAS, Owner desires to grant University access to the Premises in accordance with the
terms and conditions in this Agreement.
NOW, THEREFORE, intending to be legally bound, the Parties agree as follows:
1. Use. Owner hereby grants to University and its authorized agents , representatives, and
contractors (each a “University Party”; collectively, the “University Parties”) a non-exclusive
right to enter upon and use the Premises to conduct, at University’s sole cost, a research study
to install, maintain, demonstrate, and test new lighting technology (“Project”). As a part of
its performance of the Project, University will, at its sole cost, retrofit the Premises with new
lighting technology (“Lighting”) and metering equipment (the “Equipment”) from which data
will be monitored and collected at the locations identified in Exhibit “A”. In order to complete
the Project, University and/or the University Parties will need access to the Premises for
installation and removal of the Lighting and the Equipment as well as twice annual site visits,
estimated to be ten total visits over the Term. The Parties agree to cooperate in good faith to
grant University access to the Premises for such annual visits. University may need additional
visits for Lighting and Equipment troubleshooting and monitoring and the Parties agree to
cooperate in good faith to grant University access to the Premises as needed in furtherance of
the Project.
2. Term. This RUA shall commence on August 1, 2022 and shall continue until March 31, 2025
(“Term”).
3. Decommissioning. At the end of the Term, University will, at its sole cost, remove the
Equipment and will, at its sole cost, transfer ownership of the Lighting to Owner. Following
the expiration of the Term, Owner waives and releases University from any and all claims
related to or arising from Owner’s ownership, use, or removal of the Lighting; provided that
such waiver or release shall solely apply to Claims (as defined below) that accrued after the
expiration of the Term.
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4. Standard of Care. University expressly warrants and agrees that its performance, and the
performance of any University Parties, under this RUA shall be performed in accordance with
the professional standard of care exercised by members of the profession currently practicing
under similar conditions and in similar locations.
5. Conditions Applicable to RUA. This RUA is subject to all existing covenants, conditions,
reservations, contracts, leases, RUAs, easements, encumbrances, restrictions, and rights of
way of record and to such other matters concerning use of the Premises.
6. No Transfer or Assignment. This RUA is personal to University and Owner, respectively.
Any attempt by a Party to transfer or assign this RUA shall allow the non-transferring or non-
assigning Party to terminate this Agreement.
7. Permits. University shall be responsible for securing any and all required approvals, permits
and authorizations from any and all federal, state, or local agencies.
8. No Interference. University shall not unreasonably interfere with the normal operation and
activities of Owner or any of Owner’s representatives, and University shall use ordinary care
in its activities on the Premises to minimize damage to the Premises and inconvenience to
Owner or its tenants, agents, employees and invitees.
9. Repair and Restoration. If University or any University Party cause any damage to the
Premises in connection with this RUA, University shall repair and restore the Premises to its
original condition (as it was prior to University’s use under this RUA.) University shall
perform the repair and restoration required hereunder prior to the expiration of this RUA, or
within ten (10) days of its earlier termination.
10. Breach and Cure. In the event that University breaches any of its obligations under this RUA,
Owner may, but is not obligated to, send University a written notice specifying the nature of
such breach. University shall have ten (10) days from the receipt of such notice to cure such
breach. If more time is reasonably required for University’s performance, then University
shall commence performance within such ten (10) day period and, thereafter, diligently
proceed to completion. If University fails to cure or to commence cure within such ten (10)
day period, then Owner shall have the right to terminate this RUA immediately by serving
University with written notice of termination. Owner shall have all rights and remedies
available under California law including, but not limited to, actions for damages and specific
performance, for any breach of University’s obligations hereunder.
11. Indemnification.
11.1 Owner's Obligation. Owner shall indemnify, defend, and hold harmless University,
its officers, agents and employees, from and against any claims, damages, costs, expenses,
or liabilities (collectively “Claims”) arising out of or in any way connected with this RUA
including, without limitation, Claims for loss or damage to any propert y, or for death or
injury to any person or persons but only in proportion to and to the extent that such Claims
2022/07/26 City Council Post Agenda Page 82 of 297
arise from the negligent or intentional acts or omissions of Owner, its officers, agents,
partners or employees.
11.2 University’s Obligation. University shall indemnify, defend and hold harmless
Owner, its officers, agents, partners and employees, from and against any Claims, arising
out of or in any way connected with this RUA including, without limitation, Claims for
loss or damage to any property, or for death or injury to any person or persons but only in
proportion to and to the extent that such Claims arise from the negligent or intentional acts
or omissions of University, its officers, contractors, agents, or employees.
11.3 Survival. The parties agree that the obligations under this Section 11 shall survive
expiration and termination of this RUA.
12. Insurance.
12.1 Owner’s Insurance. Owner, at its sole cost and expense, shall insure its activities in
connection with this RUA and obtain, keep in force, and maintain insurance as follows:
A. Commercial Form General Liability Insurance (contractual liability included)
with minimum limits as follows:
1. Each Occurrence $1,000,000
2. Products/Completed Operations Aggregate $2,000,000
3. Personal and Advertising Injury $1,000,000
4. General Aggregate $2,000,000
If the above insurance is written on a claims-made form, it shall continue for
three (3) years following termination of this RUA. The insurance shall have a
retroactive date of placement prior to or coinciding with the commencement of
the Term of this RUA.
B. Business Automobile Liability Insurance for owned, scheduled, non-owned, or
hired automobiles with a combined single of not less than One Million Dollars
($1,000,000) per occurrence.
C. Property Insurance, Fire and Extended Coverage Form in an amount equal to
one hundred percent (100%) of the full replacement value of the building in
which the Premises are located to conform with then current codes and the costs
of demolition and debris removal, excluding land and the footings, foundations
and installations below the basement level.
D. Workers' Compensation as required by California law.
The coverages required herein shall not limit the liability of Owner.
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12.2 University’s Insurance. University, at its sole cost and expense, shall insure its
activities in connection with this RUA and obtain, keep in force and maintain insurance as
follows:
A. General Liability Self-Insurance Program (contractual liability included) with
minimum limits as follows:
1) Each Occurrence $ 1,000,000
2) Products/Completed Operations Aggregate $2,000,000
3) Personal and Advertising Injury $1,000,000
4) General Aggregate $ 2,000,000
B. Business Automobile Liability Self-Insurance Program for owned, scheduled,
non-owned, or hired automobiles with a combined single limit of not less than One
Million Dollars ($1,000,000) per occurrence.
C. Property, Fire and Extended Coverage Self-Insurance Program in an amount
sufficient to reimburse University for all of its equipment, trade fixtures,
inventory, fixtures and other personal property located on or in the Premises
including improvements hereinafter constructed or installed.
D. Workers' Compensation as required under California State law.
The coverages required under this Section 12.2.A, B and C shall not limit the liability of
University.
The coverages referred to under this Section 12.2.A and B. shall include Owner as an
additional insured. Such a provision shall apply only in proportion to and to the extent of
the negligent acts or omissions of University, its officers, employees, and agents.
University upon the execution of this RUA shall furnish Owner with certificates of
insurance evidencing compliance with all requirements. Certificates shall provide for
thirty (30) days advance written notice to Owner of any material modification, change or
cancellation of the above insurance coverages.
12.3 Waiver of Subrogation. University and Owner hereby waive any right of recovery
against the other as a result of loss or damage to the property of either University or Owner
when such loss or damage arises out of an Act of God or any of the property perils insurable
under extended coverage, whether or not such peril has been insured, self-insured, or non-
insured.
13. Lien Free Condition. University shall not cause or permit any liens to be placed against the
Premises or against Owner's other property as a result of University's exercise of rights under
this RUA. In the event of the filing of any such liens, University shall promptly cause such
liens to be removed.
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14. Notice. Any notice required hereunder (“Notice”) shall be in writing and shall be addressed
as follows:
OWNER:
City Manager
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
UNIVERSITY:
Real Estate Services
255 Cousteau Place
Davis, CA 95618
Director, Transactions and Portfolio Management
with a copy to:
UC Davis California Lighting Technology Center
633 Pena Drive
Davis, CA 95618
Attention: Nicole Hathaway
15. Entire Agreement. This RUA supersedes any and all prior understandings and agreements,
whether written or oral, between the parties with respect to the subject matter of this RUA.
No alteration or variation of this RUA shall be valid unless made in writing and signed by
Owner and University.
16. Independent Contractor Status. The Parties are independent contractors. In the performance
of this agreement the Parties will not be agents or employees of the other Party.
17. Governing Law. This agreement shall be construed pursuant to California law.
18. Compliance with Laws. In its performance under this RUA, University shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
19. No Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless
explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or
delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall
operate or be construed as a waiver thereof; nor shall any single or partial exercise of any
right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or
the exercise of any other right, remedy, power, or privilege.
2022/07/26 City Council Post Agenda Page 85 of 297
AGREED:
CITY OF CHULA VISTA THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, a California corporation
By: _________________________ By: _________________________
Maria V. Kachadoorian Jim Carroll, AIA
City Manager Associate Vice Chancellor and
University Architect
Date: _________________________ Date: _________________________
2022/07/26 City Council Post Agenda Page 86 of 297
EXHIBIT A
2022/07/26 City Council Post Agenda Page 87 of 297
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A RESEARCH USE
AGREEMENT WITH THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA AUTHORIZING THE INSTALLATION OF
LIGHTING TECHNOLOGY AT SDG&E PARK
WHEREAS, the California Energy Commission (CEC) funded the California Lighting
Technology Center at University of California – Davis (CLTC) to develop and demonstrate
renewable energy and advanced lighting systems at demonstration sites throughout the state; and
WHEREAS, the City of Chula Vista was selected by CLTC as a partner for a project that
would provide up to 40 new grid-connected luminaires with solar power and battery storage at
SDG&E Park, at no cost to City; and
WHEREAS, the proposed project would provide much-needed outdoor lighting to SDG&E
Park and allow members of the community to participate in the research process; and
WHEREAS, the proposed project would result in utility savings for the City and resiliency
in the event of a power outage at the project location; and
WHREREAS, the proposed project is near Loma Verde Recreation Center and would be a
complement to the renovation project taking place at that Center; and
WHEREAS, staff recommends that the City Council adopt a resolution approving the
Research Use Agreement between the City and The Regents of the University of California and
authorizing the installation of lighting technology at SDG&E Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the Research Use Agreement with the Regents of the University of California, in
the form presented, with such minor modifications as may be required or approved by the City
Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and
directs the City Manager or designee to execute same.
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Deputy City Manager/ Director of Economic City Attorney
Development
2022/07/26 City Council Post Agenda Page 88 of 297
v . 0 03 P a g e | 1
July 26, 2022
ITEM TITLE
Service Agreement: Approve Agreement with Akeso Occupational Healthcare to Provide Medical Services
and Access to Care for City Jail Inmates
Report Number: 22-0214
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution waiving the competitive bidding requirement and approving a sole-source agreement
with Akeso Occupational Healthcare to provide medical services and access to care for City jail inmates.
SUMMARY
The Police Department recommends approving an agreement with Akeso Occupational Healthcare to
provide medical services to the City Jail.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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P a g e | 2
DISCUSSION
The Police Department operates its own City Jail, which is a 50-bed Type I facility. The City Jail requires a
“responsible physician”, as outlined in California Board of State and Community Corrections (BSCC) Title 15
Minimum Standards For Local Detention Facilities. The “responsible physician” will provide medical
evaluations and/or write medical prescriptions as necessary for City Jail inmates, in a manner similar to
services provided to the general public.
Akeso Occupational Healthcare (formerly South Coast Medical Clinic) has provided medical services for the
City Jail since 2011. The City Council in past years has waived the competitive bidding requirement for its
jail medical contract, because the City’s interests are materially better served in making a sole-source award
based on its provider’s demonstrated unique performance capabilities. For these reasons, pursuant to Chula
Vista Municipal Code sections 2.56.070(B)(3) and (4), the Police Department again recommends continued
services with Akeso Occupational Healthcare due to its existing working relationship and confidence that
this company is experienced and staffed in a manner to deliver the services required to meet the
Department’s needs.
Founded in 1981, South Coast Medical Clinic was created for the industrial and service community to provide
quality medical care and case management to companies and corporations. Recently, Akeso Occupational
Healthcare acquired South Coast Medical Clinic, and streamlined operational improvements to enhance
patient outcomes. Open seven days a week with limited waiting time, Akeso Occupational Healthcare offers
customized treatment programs which reduce medical costs. The responsible physician assigned to the City
Jail, Dr. Jamila Danishwar, MD has been in medical practice over 11 years and is affiliated with multiple
hospitals in the area.
The cost of inmate medical services by Akeso Occupational Healthcare is $120.00 for initial inmate visit,
$95.00 for follow-up visits, general laboratory fees as needed on a case-by-case basis, and phone
consultations not to exceed $10.00 per consultation. Onsite medical services are $105 per hour.
The agreement term with Akeso Occupational Healthcare for inmate medical services will be for an initial
period of one (1) year effective July 1, 2022, with renewal options for up to four (4) successive one-year
periods upon mutual agreement of both parties.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Estimated annual inmate medical service costs of $140,000 are already included in the Jail Enterprise Fund
budget. Approval of this resolution has no net fiscal impact to the General Fund.
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P a g e | 3
ONGOING FISCAL IMPACT
Annual inmate medical service costs will be included in each year’s budget. Any increases in contract pricing
must be negotiated between the City and the contractor.
ATTACHMENTS
Attachment 1: Agreement with Akeso Occupational Healthcare to provide medical services and access to
care for City jail inmates
Staff Contact: Jonathan Alegre, Police Department
2022/07/26 City Council Post Agenda Page 91 of 297
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BIDDING
REQUIREMENT AND APPROVING A SOLE-SOURCE
AGREEMENT WITH AKESO OCCUPATIONAL
HEALTHCARE TO PROVIDE MEDICAL SERVICES AND
ACCESS TO CARE FOR CITY JAIL INMATES
WHEREAS, the Police Department operates its own City Jail, which is a 50-bed Type I
facility; and
WHEREAS, the Police Department jail facility requires a “responsible physician,” as
outlined in California Board of State and Community Corrections Title 15 Minimum Standards
For Local Detention Facilities; and
WHEREAS, the “responsible physician” will provide medical evaluations and/or write
medical prescriptions as necessary for City Jail inmates, in a manner similar to services provided
to the general public; and
WHEREAS, due the unique demands of providing health care to inmates in a jail, the
City’s interests are materially better served by a sole-source award to a provider, such as Akeso
Occupational Healthcare, based on its demonstrated unique performance capabilities, as
authorized in Chula Vista Municipal Code sections 2.56.070(B)(3) and (4); and
WHEREAS, Akeso Occupational Healthcare warrants and represents that it is
experienced and staffed in a manner such that it can deliver the services required to the City in
accordance with the time frames and the terms and conditions of the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it waives the competitive bidding requirement.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
approves a sole-source Agreement to provide Medical Services and Access to Care for City Jail
inmates between the City and Akeso Occupational Healthcare, in the form presented, with such
minor modifications as may be required or approved by the City Attorney, a copy of which shall
be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute
same.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Glen R. Googins
City Attorney
2022/07/26 City Council Post Agenda Page 92 of 297
1 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH AKESO OCCUPATIONAL HEALTHCARE
TO PROVIDE MEDICAL SERVICES AND ACCESS TO CARE FOR CITY JAIL INMATES
This Agreement is entered into effective as of July 1, 2022 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and AKESO OCCUPATIONAL HEALTHCARE, A
California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”)
with reference to the following facts:
RECITALS
WHEREAS, the City jail, located at the Chula Vista Police Department, requires by law a “Responsible
Physician” to address inmate medical needs and inmate access to clinic visits for health care; and
WHEREAS, Contractor/Service Provider employs and has available trained licensed personnel to provide
medical care, such that it can deliver the required services to City in accordance with State of California Title 15
Minimum Jail Standards; and
WHEREAS, in order to procure these services, Contractor/Service Provider was chosen as a “sole source”
basis pursuant to Chula Vista Municipal Code Section 2.56.070.B.4, because of Contractor/Service Provider’s
unique qualifications, including a longstanding preexisting business partnership and unique performance
capabilites for detainees; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a correspon ding reduction in the compensation associated with the
reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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3 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly
survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All char ges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved bu dget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
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4 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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5 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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6 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall
pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified
Parties for any and all related legal expenses and costs incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
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7 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactor ily
performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
2022/07/26 City Council Post Agenda Page 99 of 297
8 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
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9 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur an y debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses iden tified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
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Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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11 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
AKESO OCCUPATIONAL HEALTHCARE CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JAMILA DANISHWAR, M.D. MARY CASILLAS SALAS
MEDICAL DIRECTOR MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
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12 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jonathan Alegre, Police Administrative Services Administrator
315 Fourth Ave Chula Vista CA, 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
AKESO OCCUPATIONAL HEALTHCARE
444 W 8th St, Suite 101 & 102, National City, CA 91950
(619) 474-8666
alexis.han@akesomedical.com
For Legal Notice Copy to:
Jamila Danishwar, Medical Director
444 W 8th St, Suite 101 & 102, National City, CA 91950
(619) 474-8666
jamila.danishwar@akesomedical.com
2. Required Services
A. General Description:
Contractor/Service Provider shall act as “Required Physician and deliver inmates access to medical care.
B. Detailed Description:
Contractor/Service Provider shall provide medical evaluations and/or write medical prescriptions as
necessary for City Jail inmates, in a manner similar to services provided to the general public.
Contractor/Service Provider agrees to assume the role of the Police Department's Jail Facility "responsible
physician." The general duties of the responsible physician are outlined in the California Board of State and
Community Corrections (BSCC) Title 15 Minimum Standards for Local Detention Facilities, which include, but
are not limited to, basic and necessary medical attention to contracted inmate population, clinic access and
treatment onsite both at Akeso Occupational Healthcare Partnership’s Clinic and the City Jail as approved by
medical practice, delivery of over the counter, and prescriptions treatment regimens, on-call services for inmate
consultation and oversight of inmate “sick call” submission for reactive or requested medical attention within
timelines explained hereafter. Contractor/Service Provider shall provide, a minimum of every other day per
week and one weekend day, at the City's Jail, a Registered Nurse or licensed health care provider with similar or
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13 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
greater professional credentials, to provide medical inventory and medical evaluations for those incarcerated in
the jail facility.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin 07/01/2022
and end on 06/30/2023 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified
in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the performance of the Required Services, at the rates or amounts as indicated
below:
New inmate clinic visit: $120.00 per visit
Follow-up clinic visits: $95.00 per visit
General laboratory fees: as needed, case by case.
Phone Consultations: not to exceed $10.00 per consultation.
Physician Assistant (PA) Onsite Fee: $105.00 per hour
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through 6/30/2023 shall not exceed $140,000.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers:
☐ Security for Performance:
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for Four (4) additional terms, defined as a one-year increment or every July 1 through June 30, 2027 . The City
Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If
the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein,
provided that the amounts specified in Section 4 above may be increased by up to 5% for each extension. The
City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via
the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the
expiration of the term.
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14 City of Chula Vista Agreement No.: 2022-085
Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
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Service Provider Name: AKESO OCCUPATIONAL HEALTHCARE Rev. 2/4/21
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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v . 0 03 P a g e | 1
July 26, 2022
ITEM TITLE
Employee Appointment: Authorize Temporary Appointment of a CalPERS Retiree Pursuant to Government
Code Sections 7522.56 and 21224
Report Number: 22-0207
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution authorizing the City to temporarily appoint a CalPERS retiree, Hugo Cardenas, to work in
a limited duration capacity as a Retired Annuitant – Homeless Solutions Coordinator.
SUMMARY
Staff is requesting that City Council adopt a resolution authorizing the City to temporarily appoint CalPERS
retiree Hugo Cardenas (CalPERS ID: 8068877684) pursuant to Government Code § 7522.56 & 21224.
Adoption of the resolution will allow Mr. Cardenas to work in a limited duration capacity as a Retired
Annuitant – Homeless Solutions Coordinator.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
The California Public Employees’ Retirement System (CalPERS) recognizes that retirees can play an
important role in maintaining city operations, particularly in short-term or emergency situations; however,
they also specify limitations on a retiree’s service when returning to work for a CalPERS agency. Government
Code § 7522.56 & 21224 provides specific guidance on employing a CalPERS retiree without interruption to
retirement benefits or reinstatement from retirement. Key terms of hiring a retired annuitant under the
Government Code and by which the City will be following are:
The retiree must wait 180 days after his or her retirement date before he or she can return to
work for a CalPERS employer, the employer certifies the nature of the employment and that
the appointment is necessary to fill a critically needed position before 180 days have passed
and the appointment has been approved by the governing body of the employer in a public
meeting. The appointment of Mr. Cardenas is necessary to fill the critically needed position of
Retired Annuitant – Homeless Solutions Coordinator for the City of Chula Vista by August 1, 2022
because the Retired Annuitant - Homeless Solutions Coordinator will assist in the planning,
organizing, and directing the work of contracted outreach workers trained to perform outreach,
mentoring, social and intervention services to a pre-selected caseload of applicants and/or recipients
to the homeless individuals and families on the streets or in Chula Vista-funded bridge sheltering
options. This position will also work with the contracted operator for the new homeless bridge
shelter to provide a safe and efficient shelter operation that is expected to open on August 31, 2022.
The appointment of a retired annuitant must be for a limited duration. It is recommended that
Mr. Cardenas serve in the temporary capacity of Retired Annuitant – Homeless Solutions Coordinator
through no later than June 30, 2024. The City will be conducting a recruitment for a permanent
replacement for this position.
A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30) and CalPERS
does not provide any exception to this limit. Nonpaid or volunteer hours can't be used in order
to exceed 960 hours in a fiscal year. Mr. Cardenas is expected to work for no more than 960 hours
within fiscal year. The City will be required to enroll Mr. Cardenas as a retired annuitant in the
myCalPERS system and report hours worked to CalPERS.
The appointing power must deem that the appointment requires specialized skills or is during
an emergency to prevent stoppage of public business. As a Peace Officer with the City of Chula
Vista and specifically in his assignment to the City’s Homeless Outreach Team, Mr. Cardenas gained
special skills and knowledge directly related to the Retired Annuitant - Homeless Solutions
Coordinator position.
The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for
the vacant position as listed on the employer’s publicly available pay schedule for the position.
Mr. Cardenas will be temporarily appointed as a Retired Annuitant – Homeless Solutions Coordinator
(Step E). His hourly pay rate upon temporary hire will be $45.91 which is in accordance with the
Fiscal Year 2022-2023 Compensation Schedule last approved by the City Council at their meeting of
July 12, 2022. (Attachment A)
The retired annuitant cannot be paid any other compensation or benefits in addition to the
hourly pay rate. Sections 2 and 3 of Mr. Cardenas’ appointment document (Attachment 2) specifies
that his temporary appointment is not eligible to receive any compensation or benefits other than his
hourly pay rate.
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The retiree will not accrue service credit or any additional retirement rights or benefits. While
the City is required to report hours worked by Mr. Cardenas, those hours will not be counted as
additional retirement service credits and reported only for the purposes of tracking the fiscal year
hours limit.
The Payroll Change Order Form (Attachment B) identifies the terms of Mr. Cardenas’ temporary
appointment. The terms of this temporary appointment were reviewed by CalPERS and found permissible
under the Government Code. Staff would like to request that City Council adopt a Resolution authorizing the
temporary appointment effective August 1, 2022.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The current fiscal year impact is approximately $45,000 which will be absorbed by the Development Services
Department’s Housing Authority Fund to be reimbursed by the Emergency Solutions Grant Admin Fund. In
accordance with CalPERS requirements, Mr. Cardenas will not be eligible for any compensation or benefits
in addition to his hourly pay rate while working for the City as a retired annuitant.
ONGOING FISCAL IMPACT
For Fiscal Year 2023-2024, the fiscal year impact is approximately $45,000 which will be absorbed by the
Development Services Department’s Housing Authority Fund to be reimbursed by the Emergency Solutions
Grant Admin Fund.
ATTACHMENTS
1. FY2022-2023 Compensation Schedule for Retired Annuitant – Homeless Solutions Coordinator
2. Exhibit 1 to the Resolution: Appointment Document (Payroll Change Order Form) for H. Cardenas -
Temporary Limited-Term Employment
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE NECESSITY OF
TEMPORARILY APPOINTING A CALPERS RETIREE,
PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56
AND 21224
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public
Employees’ Retirement Law, the City Council of the City of Chula Vista must provide CalPERS this
certification resolution when hiring a retiree before 180 days has passed si nce their retirement date;
and
WHEREAS, Hugo Cardenas (CalPERS ID: 8068877684) retired from the City of Chula Vista
in the position of Peace Officer effective June 17, 2022; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence
no earlier than 180 days after the retirement date, which is December 14, 2022 without this certification
resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period
shall not apply if the retiree accepts any retirement-related incentive; and
WHEREAS, the City Council of the City of Chula Vista, the City of Chula Vista and Hugo
Cardenas certify that Hugo Cardenas has not and will not receive a Golden Handshake or any other
retirement-related incentive; and
WHEREAS, the City Council of the City of Chula Vista hereby appoints Hugo Cardenas as an
extra help retired annuitant to perform the duties of the Retired Annuitant – Homeless Solutions
Coordinator for the City of Chula Vista under Gov. Code section 21224 effective August 1, 2022; and
WHEREAS, the entire employment agreement, contract or appointment document between
Hugo Cardenas and the City of Chula Vista has been reviewed by this body and is attached hereto as
Exhibit 1; and
WHEREAS, no matters, issues, terms or conditions related to this employment and
appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS
employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the
maximum monthly base salary paid to other employees performing comparable duties, divided by
173.333 to equal the hourly rate; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the
maximum monthly base salary paid to other employees performin g comparable duties, divided by
173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $7,957.73 monthly and the hourly
equivalent is $45.91, and the minimum base salary for this position is $6,546.80 monthly and the hourly
equivalent is $37.77; and
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WHEREAS, the hourly rate paid to Hugo Cardenas will be an hourly rate of $45.91; and
WHEREAS, Hugo Cardenas has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista hereby
certifies the nature of the appointment of Hugo Cardenas as described herein and detailed in the
attached employment agreement/contract/appointment document and that this appointment is
necessary to fill the critically needed position of Retired Annuitant – Homeless Solutions Coordinator
for the City of Chula Vista by August 1, 2022 because the Retired Annuitant - Homeless Solutions
Coordinator will assist in the planning, organizing, and directing the work of contracted outreach
workers trained to perform outreach, mentoring, social and intervention services to a pre -selected
caseload of applicants and/or recipients to the homeless individuals and families on the streets or in
Chula Vista-funded bridge sheltering options. This position will also work with the contracted operator
for the new homeless bridge shelter to provide a safe and efficient Shelter operation that is expected to
open on August 31, 2022.
Presented by Approved as to form by
_____________________________ __________________________________
Courtney Chase Glen G. Googins
Director of Human Resources/ City Attorney
Risk Management
ATTEST
______________________________
Kerry K. Bigelow, MMC
City Clerk
Exhibit 1: Payroll Change Order Form – Hugo Cardenas, Retired Annuitant – Homeless Solutions
Coordinator
2022/07/26 City Council Post Agenda Page 120 of 297
Fiscal Year 2022-2023 Compensation Schedule
Effective July 1, 2022
Job BU Description
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E
Period rate shown is based on an 80-hour per pay period, with exception of sworn Fire positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 53 of 69
5307 ACE REGISTERED VETERINARY TECH
0 24.13 1,930.56
1 25.34 2,027.09
2 26.61 2,128.45
3 27.94 2,234.88
4 29.33 2,346.63
5312 UCHR REGISTERED VETERINARY TECH
0 24.13 --
1 25.34 --
2 26.61 --
3 27.94 --
4 29.33 --
5081 UCHR RESERVE OFFICER
0 14.24 --
1 14.95 --
2 15.69 --
3 -- --
4 -- --
9903 UCHR RET ANNT – HOMELESS SOL COORD 0 37.77 --
1 39.66 --
2 41.64 --
3 43.72 --
4 45.91 --
3689 SM REVENUE MANAGER
0 56.57 4,525.50
1 59.40 4,751.77
2 62.37 4,989.36
3 65.49 5,238.83
4 68.76 5,500.78
3367 PRCF RISK MANAGEMENT SPECIALIST
0 37.72 3,017.73
1 39.61 3,168.61
2 41.59 3,327.05
3 43.67 3,493.40
4 45.85 3,668.07
0231 UCHR SEASONAL ASSISTANT
0 15.00 --
1 15.75 --
2 16.54 --
3 17.36 --
4 18.23 --
2022/07/26 City Council Post Agenda Page 121 of 297
EMPLOYEE NAME CARDENAS, HUGO PAYROLL ID # 5092
CLASSIFICATION DEPT/DIVISION #
DEPT REMARKS/JUSTIFICATION Temporary appointment as an Extra Help Retired Annuitant Pursuant to Government Code
Sections 7522.56 and 21224
CONTACT PERSON ERIN DEMPSTER, HR MANAGER PHONE 619-409-5815
DEPT HEAD SIGNATURE DATE 07/11/2022
DIRECTOR OF HR SIGNATURE DATE
SALARY CHANGE
EFFECTIVE DATE FROM TO
8/1/2022 Step E/4
$45.91 per hour
ORG KEY CHANGE
EFFECTIVE DATE FROM TO
8/1/2022 313532
CAREER ADVANCEMENT/
RECLASSIFICATION/
POSITION CHANGE*
* Requires HR Director approval
EFFECTIVE DATE FROM CLASS TO CLASS STEP
8/1/2022
9903
Retired Annuitant –
Homeless Solutions
Coordinator
E
DIFFERENTIALS
AMOUNT START DATE END DATE
(735) EDUCATION DIFFERENTIAL
(765) EDUCATION SEMESTER PAY
(740) FIRE DIFFERENTIAL
(761) FIRE FLSA
(756) GRAVEYARD DIFFERENTIAL
(757) SWING SHIFT DIFFERENTIAL
(760) WCE DIFFERENTIAL
MISC CHANGES (HR USE ONLY)
(502) MANAGEMENT LEAVE
(532) FLOATING HOLIDAY
(537) FURLOUGH
(700) CAR ALLOWANCE
MISC CALCULATIONS:
CITY OF CHULA VISTA HUMAN RESOURCES DEPARTMENT
PAYROLL CHANGE ORDER REQUEST
07/11/2022
2022/07/26 City Council Post Agenda Page 122 of 297
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July 26, 2022
ITEM TITLE
Charter Update Proposal: Consider Charter Update Proposals from the Charter Review Commission and
City Staff For Possible Placement of One or More Measures on the November 2022 Ballot
Report Number: 22-0225
Location: No specific geographic location.
Department: Charter Review Commission and City Attorney’s Office
Environmental Notice: Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required.
Recommended Action
Hear the presentation by the Charter Review Commission and City Attorney and consider adoption of a
resolution amending Resolution No. 2022-150 calling a special municipal election to be held on November 8,
2022, ordering submission to the qualified electors of the City a measure to comprehensively amend the
City’s charter, and appropriating funds for that purpose. (4/5 Vote Required)
SUMMARY
The Charter Review Commission (“CRC”) and the City Attorney’s Office, in consultation with City staff, have
worked for over a year on a comprehensive review and update of the City’s charter to address legal changes,
to align with modern best practices, and most importantly, to make the Charter easier to understand and use.
The comprehensive Charter update proposal was originally presented to City Council on July 12, 2022 for
initial feedback, and is now returning to Council with supplemental information based on issues of interest
raised by Councilmembers at the July 12, 2022 meeting and further consideration of the CRC at their July 13 th
meeting. This item again presents the Charter update for Council consideration. The language is
substantially the same as what’s been previously presented, but includes some additional “clean up” and
consistency changes proposed and drafted by City staff. The most significant of these are proposed
modifications to the various sections regarding what constitutes a “vacancy” for an elected or appointed
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position in order to make the terms for such vacancies more consistent. The item also presents proposed
resolutions for submitting one or more measures to the electorate on the November 8, 2022 ballot.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Council consider adoption of a resolution submitting the Charter update measure to the qualified electors of
the City on the November 8, 2022 ballot.
DISCUSSION
The City Charter was originally adopted in 1949. Since then, multiple individual amendments have been
submitted to the voters. The last comprehensive Charter update took place in 1978. A summary of the Chula
Vista Charter Amendments placed on the ballot from 2000 to the present is attached to this item for your
information and review. As you are aware, the Charter Review Commission (“CRC”) and City Attorney’s
Office, in consultation with most City departments, have committed to an extensive Charter review effort
over the past year, with the goal of recommending a proposed comprehensive Charter update to Council
prior to the November 2022 election. On July 1, 2022, the draft amended Charter was first sent to you with a
cover memorandum from CRC Chair Scofield and a description of the proposed Charter changes. The draft
amended Charter was provided to you in clean and underline/strikeout formats for review, and all materials
were also posted in multiple locations on the City’s website. The materials were again provided to you and
to the public as attachments to an agenda item for the July 12, 2022 Council meeting. Information about the
proposed changes, including materials presented to Council, have remained available on multiple City
websites along with a link to submit public comments regarding the item to the City Clerk’s office.
At the July 12, 2022 Council meeting, CRC Chair Scofield provided an overview of the CRC’s work to date and
expressed the CRC’s enthusiastic support for the proposed Charter changes. City Attorney Glen Googins
presented a detailed overview of the three types of changes made as part of the comprehensive proposed
Charter update. The staff report from the July 12, 2022 item is attached for your reference.
The Mayor and two Councilmembers present at the July 12, 2022 meeting provided initial comments and
asked questions of staff regarding the proposed changes. In particular, Councilmember Galvez asked staff to
provide the CRC with the agenda materials and video related to the 2012 Charter amendment item that
added section 305.1 titled “Legislative Council” to the City Charter. Such item was presented to the voters in
2012 as part of a measure that also placed term limits on the City Attorney and tied the City Attorney’s salary
to that of a Superior Court Judge. Councilmember McCann asked the CRC to consider maintaining the
qualified elector requirement for board and commission members who sit on boards and commissions that
have decision making authority, and to consider mandating a certain period of residency when residency is
required. Additionally, Councilmember McCann asked the CRC to consider a provision allowing the use of
ranked choice voting at municipal elections.
Shortly after the July 12, 2022 meeting, staff provided the CRC with all agenda materials and video relating
to the 2012 Charter measure as requested by Councilmember Galvez. The CRC was also made aware of a
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presentation to Council in 2016 by a previous CRC regarding recommended changes to the Charter’s
Legislative Council provisions. The CRC determined that they remain comfortable with the proposed
amended Legislative Council language provided to Council previously and, as a result, recommend that
Council consider such amendment as drafted and presented.
The CRC likewise discussed the questions asked by Councilmember McCann. The CRC determined that the
qualified elector versus residency requirement provisions for board and commission members were fully
considered and discussed, and the CRC requests that the Council consider the proposed amended language
as drafted and previously presented to Council, which retains the “qualified elector status” requirement only
for the Redistricting Commission. Regarding a proposal for ranked choice voting, the consensus of the CRC
was that adding such a proposal to the November 2022 ballot would not be feasible given the substantial
amount of work required and the limited time available. The CRC did agree, however, that this was a worthy
topic for further consideration, along with other possible voting methods. The CRC stands ready to
commence such a project should the Council so desire.
As to the issue of mandating a certain period of residency when City residency is required, it should be noted
that the Supreme Court has held that durational residency requirements imposed as a precondition to
candidacy for public office implicate a fundamental constitutional right, including equal protection, the right
to vote, and the right to travel and migrate. The California Supreme Court has explicitly stated that all
durational residence requirements in excess of 30 days in California are prohibited. (Young v. Gnoss [1972]
7 Cal.3d 18, 27.)
Since providing the initial draft to you on July 1, 2022, additional minor changes have been made to the
proposed amended Charter, including a clarification of the relationship between state law and local law
enactments in Section 1205 and other amendments to incorporate changes requested by the Mid-
Managers/Professional Bargaining Unit and by senior staff. Such changes include clarification with respect
to section 704(A) regarding the temporary appointment of department heads; consistency between sections
303(A), 503(H), and 602(C) with regard to when a vacancy occurs for elected officials and board and
commission members; deletion of the word “nominal” in sections 300(D) and 503(F); and a few clerical
errors/corrections. Each of the additional changes is highlighted in yellow on the redline strikeout version
of the proposed Charter changes provided to you today.
Should the Council wish to move forward with the proposed Charter update at this time, staff has provided
two potential options in regard to placing the proposed amendments on the November ballot. The first and
most cost-effective option would be to place all recommended Charter changes on the ballot in one omnibus
measure. Resolution A attached to this agenda item contains proposed language for such a measure. The
second potential option would be to place almost all recommended Charter Changes on one ballot measure,
except for a particular change or changes that could be submitted to the voters on a second, stand-alone
ballot measure. Resolution B attached to this agenda item contains proposed language for such a measure,
using the City Attorney qualification changes as an example of a second stand-alone measure. The measure
text has been drafted to comply with statutory requirements for ballot descriptions, including the
requirement that the description include an enumeration of what might be considered “new city powers” as
a result of adoption of the measure. Note: The substance the stand alone measure in Resolution B is for
example purposes only. If Council proposes one or more “stand-alone” measures, their content can vary as
Council deems appropriate. If City Council desires to move forward with any of the proposed amendments,
the next step would be to direct staff to prepare all of the documentation required to place them on an
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upcoming ballot. Necessary documents include a resolution, the City Attorney's Impartial Analysis, the
formal Ballot Statement, and Ballot Question. Ultimately, in order for the item to qualify for the November
2022 ballot, this work would need to be completed, approved by the City Council, and submitted to the
County Registrar by no later than August 12th. With Council direction, this could be accomplished, with the
work being done and presented to Council for action, if necessary, at the next City Council meeting scheduled
for August 9th.
If the Council decides to submit a measure or measures to the voters that at the November 2022 election that
affects the “organization or salaries of the office of the city attorney” Elections Code Section 9280 provides
Council with the option to direct the City Clerk instead of the City Attorney to prepare the impartial analysis
for that measure. What it means to affect the “organization” of the city attorney’s office is not entirely clear,
nor is it clear if the changes proposed what have such impact. This would be for Council to determine and
provide direction as it deems appropriate.
Additionally, per Chula Vista Municipal Code section 2.29.030(E), one of the functions and duties of the CRC
shall be to prepare and submit proposed ballot arguments in favor of proposed Charter changes. In the event
Council chooses to move forward with one or more ballot measures, the CRC meets next on August 10, 2022
and can work to prepare and submit the proposed ballot arguments for any such measures with the advice
and assistance of the City Attorney’s office.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The cost for a measure providing for the comprehensive update of the City Charter, with a link to clean and
underline/strikeout versions of the proposed Charter language itself on the City’s website, is estimated to
cost $195,000. There are currently no funds identified in the City Clerk’s budget for such a measure, so if
Council were to proceed, additional funding would need to be identified out of available general fund
revenues. The cost to present the entire revised Charter to the voters in the form of a separate pamphlet is
estimated to cost approximately $ 625,000. Any additional separate measures, depending upon length, are
estimated to cost approximately $ 165,000 per measure.
ONGOING FISCAL IMPACT
Staff has identified some potential future savings associated with certain proposed amendments. The
Registrar of Voters ("ROV") has estimated that going from an "all polls" to an all vote-by-mail ("VBM")
election could reduce an election cost by 15-20%. To provide context, the last estimates received from the
ROV for a special, standalone district seat election were: $350k-$600k for a traditional polling place election
and $250k-$500k for a VBM election.
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In addition, it is estimated that there would be some savings for publishing online versus publishing in a
newspaper. The City Clerk's office alone budgets about $6,000 for legal publications each year, and other
departments additionally fund their legal notice requirements. Final estimated savings numbers are
currently being calculated.
Other savings from improved operational efficiencies, and benefit of less City Attorney staff time required to
interpret the Charter, are hard to estimate, but are likely to be meaningful, estimated at a minimum to be in
the high tens of thousands per year.
ATTACHMENTS
1. Chula Vista Charter Amendment Measures Since 2000
2. July 12, 2022 Staff Report to City Council
3. Proposed Amended Charter (clean July 21, 2022 version)
4. Proposed Amended Charter (redline strikeout July 21, 2022 version – updated revisions
highlighted in yellow)
5. Option A Example: Resolution with One Omnibus Ballot Measure
6. Option B Example: Resolution with Two Ballot Measures
Staff Contact: Glen R. Googins, City Attorney
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Chula Vista Charter Amendments 2000 - Present
ELECTION DATE TOPIC YES NO RESULT
November 2014 Public Works Contracting, Specific Procedures
Replaced with Contracting Principles
27,425 8,594 Passed
November 2014 Fill Council Vacancies with 12 – 25 Months
Remaining by Appointment or Special Election
27,775 8,955 Passed
November 2012 Creation of Council Districts; Establish
Provision for Mandatory Runoff Election
44,906 26,718 Passed
June 2012 Limit Authority and Compensation of City
Attorney, Establish Term Limits, Authorize
Office of Legislative Council
14,856 12,941 Passed
November 2008 Make the City Attorney an Elected City Officer 43,017 30,094 Passed
November 2006 Provide for a One-Year Wait Out Period Before
Seeking Re-Election
22,486 18,475 Passed
November 2006 Council Vacancies – Special Election Required
when More than One Year Remains in Term;
Appointment Allowed within 45 Days when
One Year or Less Remains
26,588 13,943 Passed
June 2006 Limit Ability to Use Eminent Domain to
Address Economic Blighting Conditions
20,216 7,176 Passed
November 2000 Allow Appointment of Non-Electors to Certain
Advisory Boards
24,165 18,072 Passed
November 2000 (FAILED) Remove of Term Limits for Mayor and
Council
10,372 33,608 Failed
November 2000 (FAILED) Change Term Limits to Three
Consecutive Terms and Wait Out Period to
Three Years
17,784 25,962 Failed
March 2000 Amend Mayor’s Salary to Set at 66% of a
Superior Court Judge
15,383 14,957 Passed
March 2000 Allow the Option of Design-Build Projects 17,370 12,931 Passed
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July 12, 2022
ITEM TITLE
Presentation by the Charter Review Commission and the City Attorney’s Office of a Comprehensive Charter
Update Proposal for Possible Placement on the November 2022 Ballot
Report Number: 22-0208
Location: No specific geographic location
Department: Charter Review Commission and City Attorney’s Office
Environmental Notice: Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required.
Recommended Action
Council consider the proposed Charter update and provide direction as it deems appropriate. If the Council
is amenable to keep the item moving forward, the Charter Review Commission and Staff stand ready to
incorporate Council’s input into an updated draft of the proposed revisions, to prepare possible draft ballot
language, and to bring the item back to the City Council for its further consideration at the July 26 Council
meeting.
SUMMARY
The last time the City Charter was substantially updated was in 1978. Since that time, the laws applicable to
cities have significantly changed; so too have many municipal best practices. The Charter Review
Commission has been working with the City Attorney’s Office for over a year on a “top to bottom” review and
update of the City’s Charter to address legal changes, to align with modern best practices, and, most
importantly, to make the Charter easier to understand and to use.
The item presented for Council consideration is a comprehensive update to the existing City Charter, and
includes three basic categories of changes designated by the Charter Review Commission as Level 1, Level 2,
and Level 3 changes. Most recommended changes are not substantive; they instead propose corrections,
clarifications, elimination of redundancies, and reorganizations intended to make the Charter more accurate
and usable. Such changes are generally referred to as “Level 1” changes. Other proposed changes go a step
further to provide consistency with state law, update or eliminate outdated practices, fill in gaps, and
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eliminate ambiguities. While some of these changes may be considered more substantive, they mostly reflect
changes in law, technology, and best practices and would not alter present day City practices or the general
intent of existing Charter provisions; therefore, such changes are not believed to be significant enough to
warrant separate ballot measures. We refer to these as “Level 2 changes”.
A few recommended changes are of greater significance and might arguably deserve consideration as
separate ballot measures. These proposals are identified as “Level 3” changes. A number of such changes
were developed and recommended by the Charter Review Commission and presented to the City Council
back in 2020. Although the proposals were generally well received, given the circumstances at that time and
the costs involved, the Council decided not to place any of those measures on the 2020 ballot. Some of the
proposed Level 3 changes include refinements of those previous proposals or are new proposals from this
iteration of the Commission. This Commission considers Level 3 changes worthy of City Council
consideration once again, in combination with, or separate from, the less substantive Level 1 and Level 2
changes being proposed.
A more detailed description of the proposed Level 1, Level 2 and Level 3 changes is set forth below. If the
Council is amenable to further pursue this item as a possible ballot measure in the November 2022 election,
the next step would be for the Commission and Staff to put together a more definitive proposal (or options
for proposals) for consideration by the Council at its next Council meeting scheduled for July 26th. In order
for any ballot measure to qualify for the November ballot, all materials would need to be finalized and
transmitted to the County Registrar of Voters no later than August 12th.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Council consider the proposed Charter update and provide direction as it deems appropriate. If the Council
is amenable to keep the item moving forward, the Charter Review Commission and Staff stand ready to
incorporate Council’s input into an updated draft of the proposed revisions, to prepare possible draft ballot
language, and to bring the item back to the City Council for its further consideration at the July 26 Council
meeting.
DISCUSSION
Background
The City’s Charter is equivalent to the City’s constitution. It establishes the basic legal framework for the
structure and operations of City government and can only be amended by a vote of the people. Being a charter
city in California gives the City authority over what are commonly known as “municipal affairs.” Municipal
affairs are areas of law where charter cities exercise primary authority to make their own rules, subject only
to the requirements of the California Constitution and other matters determined to be of “statewide concern.”
Typical “municipal affairs” include how a city finances and procures public works, enters into contracts,
elects its local officials, makes land use regulations, compensates its employees, and adopts its own laws.
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General law cities, by contrast, are subject to all the laws regulating local jurisdictions adopted by the State
legislature. Of the 482 cities in California, approximately 125 are charter cities.
The City’s Charter was first adopted in 1949. It has since been amended on multiple occasions, with the most
recent major update occurring in 1978.1 The most recent Charter amendment of any kind occurred in
November of 2014. This was an update of the City’s rules regarding public works [Charter Section 1009].
The amendment simplified and modernized the City’s public works procurement rules and created a better
balance between the rules set forth in the Charter and the more detailed implementing rules to be adopted
by ordinance. This amendment was the first of what was contemplated as a possible series of changes to the
Charter identified as the “Charter Project.” The idea of the Charter Project was to engage in a systematic
review of the Charter with the Charter Review Commission (“CRC”) and the City departments most governed
by its rules, and to evaluate which changes would be necessary or appropriate to update the Charter and
improve the efficiency of City governance and operations. Appropriately, the City’s Public Works department
was substantially involved with and supportive of the 2014 Charter Section 1009 update.
The “Charter Project” concept was re-initiated in 2018, with a number of Charter sections proposed for
update. Substantial input at that time was provided by the City Clerk’s office, particularly with respect to
Charter Article III, regarding elections and City Council approval processes. These changes, along with a
number of other changes that had either been referred to the CRC by City Council or were developed by the
CRC itself, were presented to the Council for consideration in July 2020. Although the proposals were
generally well received, given the circumstances at that time, and the costs involved, the Council decided not
to place any of those measures on the November 2020 ballot.
The Charter Project was picked up again by the CRC in 2021 with a commitment to engage in—and complete
if possible for the November 2022 election—the most substantial Charter review and revision effort to date.
The goal was to engage in a truly comprehensive review of every section of the Charter. The review involved
asking and researching many critical questions: What were the origins and purpose of various sections?
Were the terms described still relevant? If not, could/should they be deleted? Or would it be more
appropriate to update the section to make it consistent with current “best” prac tices? What was the
relationship between existing Charter language and current State law? What changes, if any, did that suggest?
Could the wording in various Sections be made more clear? What corrections, reorganizations, or
conventions could be made to improve the usability of the document? Were there Sections that didn’t seem
to belong in the Charter but that nonetheless should remain given the sensitivity of the subject area? All these
questions and more were explored. Ad hoc subcommittees of the Commission were formed to focus in on the
various subject areas of the Charter; these meetings producing additional questions and a number of
proposed revisions. Multiple rounds of input were also solicited from the various City departments most
governed by Charter provisions. The City Clerk’s office, Human Resources, Finance, and the City Manager’s
office provided the most substantive input, but other departments also participated. Other cities’ charters
were also reviewed for ideas and context. Research into the State Constitution and analogous State statutes
was conducted. Previously proposed changes were also revisited, with a number of enhancements
developed. In the end, above and beyond the individual Ad Hoc Subcommittee meetings and separate
meetings with and among City staff, the CRC itself met over nine times to review, discuss questions and
1 An index of all Charter amendments since its original adoption (entitled “Legislative History”) is contained at the end of
the Charter document.
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provisions, provide input, and propose language and other possible revisions to the existing Charter. The
collective result of these efforts is before you now.
The proposed draft Charter update was first sent to you on July 1, 2022 with a cover memorandum from CRC
Chair Scofield and a summary of the proposed Charter changes. The proposed amended Charter was
presented to you in both “clean” and “underline/strikeout” forms. These versions have also been posted in
multiple locations on the City’s website. These materials are again provided to you (and the public) as
attachments to this item. The underline strikeout version shows changes to the current version of the
Charter. Please note that in a few areas what appear to be substantial deletions are actually relocations of
provisions to other Articles or Sections. A summary of all proposed changes follows below.
Proposed Amendments
In General
The Charter changes proposed by the CRC and City staff run throughout the entire document. While the
quantity of changes is large, the vast majority of the changes proposed, although important and thought to
add value, are not actually substantive in terms of content. They instead propose corrections, clarifications,
eliminations of redundancies, and reorganizations designed to make the Charter more accurate and usable.
These are categorized as “Level 1” changes.
Other proposed changes go a step further to provide consistency with state law, update or eliminate outdated
practices, fill in gaps, and eliminate ambiguities. While some of these changes may be considered more
substantive, they mostly reflect changes in law, technology, and best practices and would not alter present
day City practices or the general intent of existing Charter provisions; therefore, such changes are not
believed to be significant enough to warrant separate ballot measures. We refer to these as “Level 2”
changes. The CRC recommends that the Council consider combining Level 1 and Level 2 changes into a single,
comprehensive ballot measure.
Finally, a few recommended changes within the overall draft are thought to be of greater significance and/or
propose changes in sensitive subject areas. Most of these were recommended by the previous CRC panel back
in 2020, but were never acted on by the City Council. Such changes are identified as “Level 3” changes; these
are now presented (again in most cases) for Council consideration. Although one or more of these changes
could be combined with the Level 1 and Level 2 changes as part of a single, comprehensive ballot measure,
the CRC thought them significant enough to be separated out into their own category for possible
consideration as one (or more) separate ballot measure(s).
A more detailed description of how Level 1, Level 2, and Level 3 changes are characterized is set forth below.
The more significant of the Level 1 and Level 2 changes have been highlighted, along with all of the specific
proposals that have been characterized as Level 3.
Level 1
Level 1 changes consist of changes in form and appearance that are important and useful, but not content
substantive. They include corrections, rewording for clarity, reorganization, elimination of redundancies,
consistency of cross‐references and numbering, consolidation of sections, elimination of headings for
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previously deleted sections, rewording of headings to better reflect content, addition of subheadings, defined
terms, and other Charter‐wide conventions to improve comprehension and usability. Some of the more
significant Level 1 changes include:
1. Moving and consolidating provisions in Article III regarding elections, including Section 300.5
regarding Council districts, into Article IX, which is entitled “Elections;”
2. Deleting outdated provisions regarding the creation of and the transition to districts from old Section
300.5 (now Section 903);
3. Deletion of references to previously repealed Sections, with renumbering of Sections as required
(throughout);
4. Converting all gender specific references (he/she) to neutral references (they, them, their) or to the
specific office itself (e.g., “the City Manager shall”);
5. Consolidating statements of the authority or responsibilities of certain City officials into the Sections
that actually list the responsibilities of those certain officials (throughout);
6. Adding subheadings to Sections with substantial text to make those Sections more readable and
accessible (e.g., see revised Sections 300, 308, 500, 501, 506, 509, 511, 603, 704, 900, 901, and 1008);
and
7. Adding key defined terms (see Section 1200).
Level 2
Level 2 changes consist of rewordings, deletions, and additions intended to add clarity, fill gaps, eliminate
ambiguities, replace outdated (no longer used) practices with current best practices, and provide consistency
with state law. Some changes might be considered substantive , but are not thought to be that significant or
inconsistent with the concept of clarifying and updating the Charter so as to warrant consideration as
possible separate ballot measures. The more significant of these types of changes include:
1. Added language makes it explicit that the City uses the “Council‐City Manager” form of government
[Section 201];
2. Added language specifies what it means to “run again” (submit nomination papers) in the context of
how long a termed‐out candidate must wait before they can “run again” [Section 300(E)];
3. Old Section 301 relating to certain City Council “Powers” has been revised to indicate City Council
authority to judge elections and member qualifications are subject to Elections Code and
constitutional limits [Section 301];
4. Authority of Mayor to command the police to maintain order in the event of an emergency has been
revised to clarify that such authority only exists during the state of emergency and would be
exercised with the advice of the City Manager and the City Attorney [Section 305(A)(3)];
5. Rules regarding special meetings have been updated to allow City Council to take any action at a
special meeting that it could at a regular meeting subject to the limitations of applicable law [Section
308(C)];
6. The specific requirements for publication of legal notices in a newspaper of “general circulation” has
been replaced with a reference to the requirements of “applicable law” [Section 313];
7. Language regarding City Council authority with respect to the City Manager has been clarified and
updated to reflect current standards/practices [Section 401];
8. Language regarding a process for a “name clearing hearing” for Unclassified positions is proposed for
deletion as antiquated [Section 500];
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9. Language changes throughout Section 503 clarify, refine and make corrections to how the authority
and employment status of the elected City Attorney is described [Section 503];
10. The section regarding “illegal contracts” has been revised and clarified to be more referential to the
extensive state law in this area [Section 508];
11. Revisions to the section triggering elected official forfeiture of office if they accept other employment
now limits applicability to full‐time elected officials (Mayor and City Attorney) [Section 509];
12. Requirements that board and commission members be “residents” of the City unless the board or
commission is advisory and involves “regional issues” has been replaced by a reference to City
Council’s ability to appoint non‐residents where provided by ordinance and with four fifths vote
[Section 602(D)] Note: See also “Level 3” change proposed for this Section, below;
13. Parks and Recreation Commission provision for appointment of non‐residents when required by
contract has been replaced to allow for this where allowed by ordinance [Section 608];
14. A variety of relatively minor changes are proposed to the “Civil Service” sections in the Charter.
Although relatively minor, any proposed changes to these sections will, nonetheless, require notice
to bargaining units and an opportunity to meet and confer with respect to possible “impacts.” If this
process cannot reasonably be completed in time to allow the City to meet the August 12 deadline for
submittal of the measure to the County Registrar, proposed changes in these Sections may need to be
withdrawn [Section 606 and Article 7];
15. Language has been added to specify that any temporary department head appointment must be
ratified by Council if the appointment exceeds one year in duration. (Existing language contemplates
Council “approval” but does not specify the term.) Temporary appointments for positions in the
Classified Service are now proposed to be allowed for up to one year instead of six months [Section
704];
16. Political activity protections have been revised to include Unclassified employees [Section 707];
17. A new section makes clear a person signing nomination papers can only nominate one person for
each office, including only one City Council candidate from their district [Section 900(C)];
18. Language changes the nomenclature for City elections from “general” (in March) and “special” (in
November) to “primary” and “general,” respectively, in order to conform our Charter language to the
more common terms for these elections used throughout the state [Sections 900, 901, 902];
19. Consistent with previous interpretations, write‐in candidate rules have been clarified to confirm that
you must qualify and be one of the top two vote getters in the primary election in order to participate
in the general election run‐off [Section 902(A)];
20. What has been standard practice for budget consideration and adoption implementing Sections 1002
through 1004 is now expressly provided with revisions to those Sections;
21. City bonded debt limit provisions have been reviewed by outside counsel with proposed revisions to
make them consistent with state law requirements [Section 1008];
22. Provisions for a “Capital Outlays Fund” and “Department Trust Fund” have been deleted as these are
no longer maintained or consistent with “best practices” [Old Sections 1013 and 1014];
23. Violations of the Charter used to be punishable as “infractions” with $50 fines; revised language
now makes violations potential misdemeanors. [Section 1201];
24. A provision has been added to allow the City Clerk to make minor corrections to Charter text, subject
to the ratification of the City Council and approval as to form by the City Attorney [Section 1203]; and
25. Consistent with current legal interpretations, provisions have been added that (a) clarify the
relationship between the Charter and any conflicting general law city provisions (the Charter
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prevails), and (b) provides for State law to govern if not in conflict with the Charter or other City
Council “home rule” enactments [new Section 1205].
Level 3
Level 3 changes include proposed changes that may be substantive enough to warrant presentation to the
voters as separate ballot measures, but could also be included as part a single, comprehensive Charter update
that includes the Level 1 and Level 2 changes because the Level 3 changes reflect the natural evolution of our
Charter in response to our City’s growth. Level 3 changes include:
1. Eliminating the requirement for most boards and commissions that members be “qualified
electors” (i.e., U.S. citizens), and instead requiring “residency” [Section 602(D)]. In September
2019, the City Council referred an item to the CRC to bring back for City Council consideration
proposed language that would revise Charter section 602 to allow City residents, not just qualified
electors, to serve on City boards and commissions. The term "qualified elector" refers to an
individual who is qualified to register to vote, although may not actually be registered. In order to
register to vote in the City, an individual would have to be at least 18 years of age, a U.S. citizen, and
a City resident. Thus, a resident who lives in the City but is not a U.S. citizen would not be a "qualified
elector" and, therefore, could not serve on a City board or commission. The CRC considered the
referral, received public input, deliberated on the matter, and proposed language that would
eliminate the citizenship requirement for board and commission members, but would still require
them to be City residents and at least 18 years of age. The proposed language retained two
exceptions that were in the existing Charter: that youth commissions created by ordinance may
allow members under 18 years of age, and that non-residents may be allowed to serve on boards or
commissions created by ordinance and approved by four votes of the City Council. Finally, the CRC
also proposed retaining the requirement that Districting Commission members be registered voters
of the City. Such Charter amendments were presented to Council for consideration in July 2020 and
positively received, but ultimately not placed on the ballot due to the circumstances of the global
pandemic and the costs involved. This proposal is now again presented to the Council for
consideration in July 2022, with minor stylistic and formatting updates to the previous CRC’s
proposed language.
2. Providing for the suspension of elected officials with felony charges pending [Section 304]. In
July 2019, the previous CRC presented to the City Council the results of a public survey regarding
potential Charter amendments. Based on the survey results, the previous CRC identified three
potential Charter amendments, one of which was to permit the City Council to suspend an elected
official from their duties if felony charges are pending against such elected official. The current CRC
proposes a similar provision permitting City Council to suspend an elected official from their duties
by majority vote upon confirmation that felony charges are pending against such official. The
proposed language would suspend the official’s pay, but maintain the official’s City-provided health
benefits, during the period of suspension. In the event that the pending charges do not result in a
conviction, the reinstated official would receive back pay for any amounts not paid during the
suspension.
3. Requiring residency for elected City Attorney, and ten versus seven years of legal experience
[Section 503(D) and (E)]. The previous CRC’s public survey also identified support for a Charter
amendment requiring the elected City Attorney to be a resident of the City. The previous CRC
recommended such change to Council in July 2020, and the current CRC once again recommends
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that Council consider such amendment. In addition, the current CRC proposes language requiring
the City Attorney to have ten, rather than seven, years of legal experience.
4. Converting the provisions for Legislative Counsel into provisions for “Conflict Counsel” [Section
504]. This item was drafted by the City Attorney with the intent of maintaining a mechanism for an
alternative legal advisor to the City Council when the City Attorney has a conflict of interest, but
limiting alternative legal advice to the situation where such a conflict actually exists. Additional
language would allow for separate legal counsel to City Councilmembers seeking conflict of interest
advice of their own. In its current form the “Legislative Counsel” provision creates the possibility for
conflicting legal advice on the same issue. The provision was placed on the ballot in 2012 without
any review by the then sitting CRC and has not been implemented in its current form.
5. Adding provisions for using a “mail in ballot” system for special elections [Section 303(C)(6)].
The previous CRC’s public survey identified support for a Charter amendment allowing all vote-by-
mail balloting for certain City elections. Accordingly, the previous CRC recommended such change
to Council in July 2020, and the current CRC again proposes similar language for Council
consideration. A mail-in ballot option to fill Council vacancies at a special election could result in
substantial cost savings over traditional in-person voting. [See the discussion in the Ongoing Fiscal
Impact Section, below.]
Conclusion/Next Steps
The CRC and the City Attorney’s Office have presented for Council consideration a comprehensive update to
our City’s Charter. The goal of the proposed changes is to make the Charter easier for constituents, staff, and
all to read, understand, and implement. The CRC and the City Attorney’s office enthusiastically support the
proposed changes. The CRC in particular thanks you for your support throughout this process, and the time
and effort you have taken in reviewing these materials. If City Council desires to move forward with any of
the proposed amendments, the next step would be to direct staff to come back to the City Council on July 26th
with any changes the City Council may have requested and, potentially, all of the documentation required to
place them on an upcoming ballot. Necessary documents include a resolution, the City Attorney's Impartial
Analysis, the formal Ballot Statement, and Ballot Question. Additional provisions may need to be made to
address or incorporate any issues or proposals that might be forthcoming from Councilmember Padilla who
has expressed a substantial interest in this item. Ultimately, in order for the item to qualify for the November
2022 ballot, this work would need to be completed, approved by the City Council, and submitted to the
County Registrar by no later than August 12th. With Council direction, this could be accomplished, with the
work being done and presented to Council for action at the next City Council meeting scheduled for July 26th
and/or the Council meeting currently scheduled for August 9th.
Finally, as indicated above in the Level 2 change summary, it should be noted again that changes made to the
Civil Service section of the Charter, even if minor, may require notice to the bargaining units and an
opportunity to meet and confer. The relatively minor clean-up edits to such sections are presented subject
to the condition that any required meet and confer processes be completed in time. Staff have reached out to
the bargaining units and provided a copy of the proposed edits. The Chula Vista Mid Managers/Professional
Association has requested a revision to language in Charter Section 704 to eliminate an ambiguity, which is
supported by staff. The bargaining units have not expressed any other concerns to staff at this point.
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The cost for a measure providing for the comprehensive update of the City Charter, with a link to clean and
underline/strikeout versions of the proposed Charter language itself on the City’s website, is estimated to
cost $195,000. There are currently no funds identified in the City Clerk’s budget for such a measure, so if
Council were to proceed, additional funding would need to be identified out of available general fund
revenues. The cost to present the entire revised Charter to the voters in the form of a separate pamphlet is
estimated to cost approximately $ 625,000. Any additional separate measures, depending upon length, are
estimated to cost approximately $ 165,000 per measure.
ONGOING FISCAL IMPACT
Staff has identified some potential future savings associated with certain proposed amendments. The
Registrar of Voters ("ROV") has estimated that going from an "all polls" to an all vote-by-mail ("VBM")
election could reduce an election cost by 15-20%. To provide context, the last estimates received from the
ROV for a special, standalone district seat election were: $350k-$600k for a traditional polling place election
and $250k-$500k for a VBM election.
In addition, it is estimated that there would be some savings for publishing online versus publishing in a
newspaper. The City Clerk's office alone budgets about $6,000 for legal publications each year, and other
departments additionally fund their legal notice requirements. Final estimated savings numbers are
currently being calculated.
Other savings from improved operational efficiencies, and benefit of less City Attorney staff time required to
interpret the Charter, are hard to estimate, but are likely to be meaningful, estimated at a minimum to be in
the high tens of thousands per year.
ATTACHMENTS
1. Memo to City Council dated July 1, 2022
2. Previously distributed Descriptions of Level 1, Level 2, and Level 3 Changes (now updated in this
report)
3. Proposed Amended Charter (clean version)
4. Proposed Amended Charter (redline strikeout version)
Staff Contact: Glen R. Googins, City Attorney
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ARTICLE I.
INCORPORATION AND CONTINUATION
Sec. 100.
Name and Boundaries.
The City of Chula Vista (“City”) is a chartered municipal corporation of the State of California (“State”) 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.
Property Rights and Liabilities.
The City shall own, possess and control all rights of property of every kind and nature owned, possessed or
controlled by it and shall be subject to all debts, obligations and liabilities it shall incur in accordance with
State law.
Sec. 102.
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 originally took effect, or at the time
of any amendment hereto, that are not in conflict or inconsistent herewith, shall continue in force and effect
until the same shall have been duly repealed, amended, changed, expired or superseded by proper authority.
Sec. 103.
Original Effective Date of Charter; Subsequent Amendments.
The original effective date of this Charter was December 15, 1949. This Charter has since been amended, with
the effective date of each such amendment specified therein or occurring upon approval by the voters. This
Charter was substantially revised with voter approval on June 6, 1978; it was substantially revised again with
voter approval on November 8, 2022.
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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 with 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. 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 or federal law. 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.
Sec. 201.
Structure of Government; Powers Vested in Council.
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.
(B) Mayor Eligibility. The Mayor shall be elected from the City at large, in the same manner provided in
Section 901 for Councilmembers, 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 at the time they are issued
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their nomination papers for such office. To be eligible to hold the office of Mayor, a person must be a Resident
and registered voter of the City and maintain such status throughout their term.
(C) Councilmember Eligibility. Each of the four Councilmembers shall be elected by district in the manner
provided in Charter Section 901. To be eligible to seek election to the office of Councilmember, a person must
be a registered voter of the City and a Resident of the Council district which that person seeks to represent at
the time they are issued their nomination papers for such office. To be eligible to hold the office of
Councilmember, a person must be a registered voter of the City and a Resident of the Council district which
that Councilmember represents and maintain such status throughout their term.
(D) Councilmember and Mayor Terms of Office. The term for each Councilmember and the Mayor shall be
four years. Each such term shall commence upon taking the oath of office and shall continue until a qualified
successor takes the oath of office. The 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.
(E) Limitation on Consecutive Terms. Councilmembers and Mayors may serve up to, but no more than, two
consecutive terms in their respective offices. Any person who has held the office of Councilmember or Mayor
for a period of two consecutive terms may again seek election to the office of Councilmember or Mayor,
respectively, by submitting nomination papers to the City Clerk for such office, but may not do so until a
period of one year has elapsed from the termination of their second term as Councilmember or Mayor,
respectively. Any person appointed by the Council to fill the office of Councilmember or Mayor may not seek
election to said office of Councilmember or Mayor by submitting nomination papers to the City Clerk for such
office until a period of one year after the termination of the appointed term has elapsed. Said appointee shall be
eligible to seek nomination and election for two full terms thereafter. Any person elected in a special election
for the balance of a regular term of Councilmember or Mayor for a period of two years or less may seek
nomination and election for two full terms thereafter.
Sec. 301.
Powers to Judge Qualifications and Election Results.
The City Council may judge the qualifications of the City’s elected officials as set forth by the Charter, and
may judge all election returns for such positions, subject to the terms and conditions of rules and procedures it
shall adopt for such purposes by ordinance, and the requirements of applicable State and federal laws. In
matters involving the determination of the qualifications of its Elected Officials, and 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. Refusal to comply
with any subpoenas issued for these purposes, or the refusal to testify (for other than constitutional grounds),
shall be punishable in the same manner as other violations of this Charter.
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Sec. 302.
Compensation for Councilmembers.
The four Councilmembers shall receive, as compensation for their services, a salary equal to 40% of the salary
of the Mayor. They shall also be entitled to receive reimbursement for Council-authorized and budgeted travel
and other expenses when on official duty of the City 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. A City Councilmember or Mayor shall be deemed to have vacated their office
on the date such office holder:
(1) is absent from four consecutively scheduled and held regular meetings of the City Council without
permission or excuse approved by the City Council;
(2) is convicted of a felony or a crime involving moral turpitude;
(3) resigns from office;
(4) is sworn in to another office or position requiring the surrender of the City office;
(5) is removed from office by judicial procedure;
(6) forfeits the office under any provisions of this Charter;
(7) no longer meets the qualifications necessary to hold the position; and
(8) is judicially-determined to be an incompetent; or
(9) is permanently so disabled as to be unable to perform the duties of the position. 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 officer; or
(10) dies.
The City Council shall declare by resolution the existence of any 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 the
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election of the current office holder to another office requiring the surrender of the City office seat, and (2) if,
between the time the expectation of vacancy occurs (by final election results for the other election contest
having been announced) and the time the actual vacancy is expected to occur, any other federal, State or local
(non-City) election involving all the electors of the City is scheduled to be held at such a time that permits a
special election to be called and consolidated with such other federal, State or local election, then (a) the City
Council shall declare an anticipated vacancy and call and request consolidation of such special election with
such other election or elections, and (b) the vacancy so expected to be created shall be filled by such special
election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of
the office and until a successor qualifies.
(C) Filling Vacancies: Appointments and Special Elections. Except under the circumstances provided in
Charter Section 303(B), the City Council shall fill such vacancy by election or appointment as set forth herein.
(1) One Year or Less Remaining in Term. If a vacancy is declared by the Council with respect to an
elected office with one year or less remaining in the term of such office from the date of such declaration, the
Council shall use their good faith, best efforts to fill that vacancy by Council appointment by no later than
forty-five days after the date of such declaration. In the event Council shall make such an appointment, the
appointed office holder shall be entitled to hold such office until a qualified successor is subsequently sworn in
at the expiration of the term. If the Council is unable to make an appointment during the prescribed forty-five
day time period, the Council’s power to appoint to 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
twenty-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 Charter Section 901 and the
Elections Code, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a
federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there
is a federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy, the
Council may consolidate the special election with that election, as provided by the Elections Code.
(a) 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 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 Charter Section
901(B).
(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 Charter 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, State,
or local election scheduled to be held within 180 days following the certification of the special election results,
at which time the Council may consolidate the special run-off election with that election, as provided by the
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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
candidates shall be printed on the ballot for that seat. If a special run-off election is required under this Charter
Section 303, 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 Charter Section 902(A).
(c) A vacancy in the office of Mayor shall be filled in the same manner as provided in Charter
Section 303(C)(2)(a) and (b) except that the voters of the City at-large shall be entitled to vote.
(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 twenty-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
Charter Section 303(C)(1), or call a special election to fill the vacancy, pursuant to Charter Section 303(C)(2).
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 forty-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 Charter Section 303(C)(2).
(4) Exception When Appointment Would Result in Majority of Appointed Councilmembers.
Notwithstanding any other provision to the contrary in Charter 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
twenty-five months, the Council shall call a special election to fill the office in accordance with Charter
Section 303(C)(2).
(5) Future Election of Appointee to Elected Office. Any person who is appointed by the Council to fill
the office of Councilmember or Mayor as provided in Charter Section 303(C), may not seek nomination and
election to said offices of Councilmember or Mayor until a period of one year from the termination of the
appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two full terms
thereafter.
(6) Mail Ballot Only Option in Case of Special Election. If a vacancy in the office of an Elected Official 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.
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Latest amendments were approved by the electorate on November 8, 2022.
Any Elected Official is subject to suspension upon determination by the City Attorney (or by the City
Council if the Elected Official is the City Attorney) that a felony criminal indictment or felony criminal
proceedings are pending against such Elected Official (“Pending Charges”). If a determination of Pending
Charges is made, the Elected Official may be suspended by the City Council. During suspension, the
Elected Official 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 health 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 Official, the office shall become vacant in accordance with Charter Section 303(A). If a felony
conviction does not result upon the resolution of the case, the suspension shall be lifted, the Elected
Official shall be entitled to resume the duties of the office, and the Elected Official shall be entitled to
back pay for all salary amounts not received during suspension. Notwithstanding the foregoing, if the
Elected Official’s term of office lapses during the suspension period, the Elected Official’s rights to such
office shall also lapse. Nothing in this Charter Section 304 shall prohibit a suspended Elected Official
from running for re-election or election to another office during, or subsequent to, their period of
suspension.
Sec. 305.
Presiding Officer, Mayor.
(A) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have all
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 on the affairs of the City and to recommend for its
consideration such matters as the Mayor deems appropriate;
(2) to be the official head of the City for all political and ceremonial purposes and, in the name and on
behalf of the City, to sign all legal instruments and documents 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) to take command of the police, maintain order, and enforce the law during a time of extreme public
danger or emergency, with the consent of the Council, and for such period as the council may fix, with the
advice and support of the City Manager and City Attorney;
(4) to assume the primary, but not the exclusive responsibility, for describing 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 unless duly authorized or ratified by the City Council;
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Latest amendments were approved by the electorate on November 8, 2022.
(5) to represent the City in all regional public agencies which require an elected City official, unless
otherwise determined by the City Council;
(6) to supervise the operation of the mayor/council office and personnel assigned thereto;
(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.
(B) Compensation. The Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the
Superior Court of the State. The Mayor shall also be entitled to receive reimbursement 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.
(C) Deputy Mayor. The Mayor shall designate, subject to the approval of the City Council, a City
Councilmember to serve as Deputy Mayor, who shall serve in such capacity at the pleasure of the City
Council. The Deputy Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability.
Sec. 306.
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 Councilmembers 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. 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.
(C) 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.
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(D) Penalties for Violation. A violation of the provisions of this Charter Section 306 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. 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
property available for private development if such participation is approved by a majority of the voters in the
City.
(B) Minimum Public Use Period. Property acquired by the City of Chula Vista through the use of eminent
domain after June 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.
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 applicable State open meetings laws.
(B) Regular Meetings. The City Council shall hold regular meetings at least once each month at such
times as it shall fix by ordinance or resolution. 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.
(C) Special Meetings. Any meeting of the City Council that is not a “regular meeting” under the terms of
Charter Section 308 shall be considered a “special meeting.” Subject to the laws applicable to Charter cities,
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 City Council Chambers in the
Civic Center or other appropriate location within the Civic Center complex, if City Council 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
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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. Any special meeting may be held within any place suitable and desirable for public
assembly within the City to facilitate the public participation in the business of the City, subject to the
requirements of notice as provided in this Charter and State law.
(E) Joint Session with Other Governing Bodies. The City Council may meet in joint session outside the City
with the governing body or bodies of any other governmental 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 Required to Conduct City Business
Three members of the City Council shall constitute a quorum to conduct City business at a properly 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 the meeting to a specified date and time. In the
absence of all the members of the City Council from any meeting, the City Clerk may declare the same
adjourned to a specified date and time. When a meeting is adjourned under this Charter Section 309 to any
date or time other than the next scheduled regular meeting, the City Clerk shall provide special notice of such
meeting in accordance with the standards provided in this Charter and the laws of the State.
Sec. 310.
Citizen Participation.
All citizens shall have the right personally, or through counsel, to appear and present grievances or offer
suggestions for the betterment of municipal affairs at any regular meeting of the Council.
Sec. 311.
City Council Action Generally.
(A) Votes Required .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 the taking of any other action requiring City Council consideration or approval.
At the time of adoption of an ordinance or resolution, the title and full text thereof shall be read into the record
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.
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(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.
Sec. 312.
Ordinances.
(A) Generally. In general, except for emergency ordinances as provided in Charter Section 312(B), or
otherwise required by law, ordinances shall be adopted in a two-step process. First, the City Council must
approve the introduction of an ordinance. Second, no sooner than five days thereafter, the City Council shall
again consider the proposed ordinance and take final action to adopt 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 Charter Section 312.
(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 a
four-fifths vote of the Council.
(C) Publication of Ordinances. Within fifteen 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 or 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
making a copy of the full ordinance available in the office of the City Clerk. Each fair and impartial summary
to be published shall be approved as to form by the City Attorney.
(D) Codification of Ordinances. The City shall create and maintain a comprehensive code of the local laws
and rules that have been adopted by ordinance 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, State, or County government or by any agency of any of them. Nationally recognized or approved
published compilations of proposed rules, regulations or standards of any private organization or institution,
may also be incorporated by reference into the Municipal Code in accordance with the provisions of this
Charter Section 312. At least one physical copy of the Municipal Code shall be maintained in the Office of the
City Clerk and made available for use and examination by the public. Copies of such code, 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 code in all courts and administrative tribunals of this State.
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(E) Effective Date of Ordinances. Ordinances shall take effect thirty days after their final adoption 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 State or local 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 Article.
(F) 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.
Legal Notices.
The City Clerk shall cause to be published, or noticed, all City Council-related matters required to be
published or noticed in accordance with applicable laws.
ARTICLE IV.
CITY MANAGER
Sec. 400.
In General.
(A) Appointment, Salary. There shall be a City Manager who shall be the executive officer of the City. The
City Manager shall be appointed by and serve at the pleasure of the City Council. The City Manager shall be
chosen on the basis of qualifications and experience and shall be paid a salary, fixed by the Council,
commensurate with their responsibilities.
(B) Removal. The City Manager may be removed from office by action of the City Council.
(C) Ineligibility. No person shall be eligible to receive appointment as City Manager while serving as an
Elected Official, nor within one year after ceasing to be an Elected Official.
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Sec. 401.
Powers and Duties.
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 business 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) appoint, suspend, or remove all department heads and officers of the City (subject to the provisions of
Charter Section 500 , and excluding the City Attorney, the City Clerk, and their appointees), and pass upon
and approve all proposed appointments and removals by department heads and other appointive officers;
(B) prepare the City budget, which shall include a capital improvement plan, submit such budget to the City
Council for its consideration and approval as required by Article X of the Charter, and administer the
approved budget after adoption;
(C) 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) keep the City Council advised of the financial condition and future needs of the City and make such
recommendations as the City Manager determines to be necessary or appropriate;
(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 submit them to the City Council for adoption by ordinance;
(F) recommend to the Council for adoption such agreements, actions 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
(I) perform such other duties consistent with this Charter as may be required by the City Council.
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Sec. 402.
Participation at Council Meetings.
The City Manager shall have 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.
Sec. 403.
Absence or Disability of the City Manager.
The City Manager shall appoint, subject to the approval of the City Council, an officer of the City to serve in
their place during their temporary absence or disability.
ARTICLE V.
OFFICERS AND EMPLOYEES
Sec. 500.
Election, Appointment and Removal of Certain Officers, Department Heads and Other
Positions in the Unclassified Service.
(A) 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 an executive secretary for
each of the City Manager, the City Attorney and Mayor and Council, who shall be appointed by, and subject to
removal by, the City Manager, City Attorney and Mayor, respectively.
(C) Assistant and Deputy City Managers and Department Heads. Assistant and Deputy City Managers and
department heads of the City (excluding the City Clerk , and the City Attorney) shall be appointed by the City
Manager, subject to the ratification of the City Council, and shall be in the Unclassified Service.
(D) Other Unclassified Service Positions. The City Council may place additional management level
positions in the Unclassified Service by a four-fifths vote. The head of the Human Resources Department shall
maintain a master list of all Unclassified Service positions within the City.
(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
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employees shall be forfeited and declared vacant if said Officer or employee is convicted of a felony or crime
involving moral turpitude.
Sec. 501.
Administrative Departments.
(A) City Council Authority. 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
(B) City Manager Authority. The City Manager shall be responsible for the organizational structure of all
departments subject to the City Manager’s direction, including department divisions, sections, crews and other
necessary unit components, The City Manager shall also assign duties, delegate administrative powers, and
provide staff for such departments.
(C) Number and Compensation of Positions. The City Council shall control by budget the number and
compensation ranges of all positions, unless otherwise mandated by this Charter.
Sec. 502.
City Clerk; Powers and Duties.
The City Clerk shall be the department head for the City Clerk’s office and shall have power and be required
to:
(A) staff all meetings of the City Council and be responsible for the recording and maintaining of a full and
true record of all proceedings of the City Council;
(B) 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) maintain a record of all written contracts and official bonds;
(D) be the custodian of the seal of the City;
(E) administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of
the City and certify copies of official records;
(F) administer all City elections;
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(G) oversee the management of all City records; and
(H) cause to be published or noticed all City Council-related matters required to be published or noticed in
accordance with applicable laws.
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.
(A) Designation as Officer; Election. The City Attorney shall be an Officer of the City 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 Charter Section 503(C). Except as otherwise provided by this Charter, it is the intent of the
voters that the City Attorney shall be sufficiently independent of the City Council and other City officials to
advise the City while also acting in the best interests of the public.
(B) Powers and Duties. The City Attorney shall:
(1) represent and advise the City Council and all City Officers in all matters of law pertaining to their
offices and advise all boards, commissions, and other agencies of the City on legal matters referred to the City
Attorney, and render written legal opinions when the same are requested in writing by the City Council or the
City Manager, the City Clerk, or any board or commission of the City with decision making authority;
(2) represent, defend, and appear for the City, and any City Officer or employee, or former City Officer or
employee as may be required by law or in accordance with City policy in any or all legal actions and
proceedings in which the City or any such Officer or employee in or by reasons of the City Attorney’s official
capacity, is concerned or is a named party;
(3) attend and advise at all regular and special meetings of the City Council;
(4) oversee the preparation of all contracts made by and all bonds given to the City, and approve the form
of same in writing;
(5) oversee the preparation of any and all proposed ordinances or resolutions for the City, and approve the
form of same in writing;
(6) prosecute, in the City Attorney’s professional discretion, all offenses against the ordinances of the City
and such offenses against the laws of the State as may be authorized or required by law; the City Attorney shall
also have concurrent jurisdiction with the District Attorney of the County of San Diego to prosecute persons
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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 or infractions;
(7) exercise discretion as to when to commence or maintain legal proceedings whenever a civil cause of
action exists in favor of the City and when the basis for such action is within the knowledge of the City
Attorney, subject 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
(9) surrender to the City Attorney’s successor all books, papers, files and documents pertaining to the
City’s legal affairs.
In order to assist with such responsibilities, the City Attorney 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 appraisers, engineers or 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 the City Attorney has a conflict of interest in litigation
involving another Officer or employee of the City acting in their official capacity, such other Officer or
employee may be authorized to retain special legal counsel at City expense. Nothing in Charter Section 503
shall be construed to prevent the City Attorney from giving confidential advice to the City when otherwise
allowed by law.
(C) Election; Compensation. 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 Charter Section 503. The annual salary of the
elected City Attorney shall be equivalent to the salary of a Judge of the Superior Court of the State. The City
Attorney shall also receive reimbursement 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. In addition, the City Attorney shall be entitled to such benefits as are granted to
other department heads of the City, as established by the City Council.
(D) Residency Requirements. To be eligible to seek election to the office of City Attorney, a person must be a
Resident and registered voter of the City at the time they are issued their nomination papers for such office. To
be eligible to hold the office of City Attorney, a person must be a Resident and registered voter of the City and
maintain such status throughout their term.
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(E) Qualifications Requirements. The City Attorney shall be licensed to practice law in all courts of the State,
and be so licensed for at least ten years preceding their assumption of office following election under this
Charter.
(F) Term of Office The City Attorney shall be elected to a term of four years, which term shall commence upon
the taking of the oath of office and shall continue until a qualified successor takes 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(D).
(G) Vacancy, Filling of. Upon a 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 City Council; provided, that if the
Council shall fail to fill a vacancy by appointment within sixty days after such office becomes vacant, or if the
unexpired term of the City Attorney shall exceed twenty-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(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 regularly scheduled election for the Office of the City Attorney.
(H) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council under any
of the circumstances described in Charter Section 303(A)(1)-(10) with respect to City Councilmembers and the
Mayor. Additionally, the Office of City Attorney shall be declared vacant by the Council when the person
elected or appointed thereto either (1) is absent continuously from the State for a period of more than thirty
days without permission from the Council, () (, or (2) is no longer licensed as an attorney in the State
Sec. 504.
Conflict Counsel; Duties.
Notwithstanding any other provision of this Charter, the Council may hire Conflict Counsel, as described in this
Charter Section 504.
(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 Conflict Counsel
shall be approved by a majority vote of the Council.
(B) Scope of Work. Legislative Counsel shall only advise the Council: (1) on legal matters where the City
Attorney, or a State agency with jurisdiction over such matters, has determined that the City Attorney has a
conflict of interest; (2) on matters relating to City Councilmember conflicts of interest; and/or (3) on whether
the hiring of special counsel is warranted if both the City Attorney and Conflict Counsel have a conflict of
interest (if the Council approves the hiring of such special counsel, Conflict Counsel may assist the Council in
the selection and appointment of special counsel). The advice of the Conflict Counsel on the matters set forth in
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Charter Section 504 shall be in lieu of that of the City Attorney
(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 the advice of Conflict Counsel.
Sec. 505. 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) administer the financial affairs of the City under the direction of the City Manager;
(B) compile the budget expense and income estimates for the City Manager;
(C) supervise and be responsible for the disbursement of all monies and have control over all expenditures to
ensure that budget appropriations are not exceeded; review all purchase orders before issuance; review 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 and correctness of such claims,
demands or charges;
(D) maintain a general accounting system for the City government and each of its offices, departments and
agencies;
(E) 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 appropriate;
(F) 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 120 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 made available for inspection by the public;
(G) 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 federal
government; or from any court or from any office, department or agency of the City;
(H) 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
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provisions of the State Constitution and the laws of the State governing the handling, depositing and securing
of public funds; and
(I) supervise the keeping of current inventories of all personal property of the City by all City departments,
offices and agencies.
Sec. 506.
City Council Authority to Add or Consolidate Functions
(A) Assignment of Additional Functions or Duties. 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.
(B) Combining Powers and Duties of Offices. Where the positions are not incompatible, the City Manager 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.
(C) 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, County,
or other city government, or may make use of such functions of the State, County, 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 shall be 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. 507.
Administering Oaths.
Each department head or their designee shall have the power to administer oaths and affirmations in
connection with any official business pertaining to that department, subject to the approval of the City
Manager.
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Sec. 508.
Department Heads; Appointment Powers.
Each department head 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, subject to the civil
service provisions, or as provided by ordinance of the Council as authorized by Charter Section 500, and
subject to the approval of the City Manager.
Sec. 509.
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 Charter Section 1090) of the Government Code of the State.
(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 Charter 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 Charter Section 509, shall become void at the election of the City,
when so declared by resolution of the City Council.
Sec. 510
Acceptance of Other Office.
Any full-time Elected Official of the City who accepts or retains any salaried public office shall be deemed
thereby to have vacated their office under City government.
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Sec. 511.
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 approves such appointment in writing.
Sec. 512.
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 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 such bonds shall be paid by the City.
Sec. 513.
Oath of Office.
Each member of the City Council, every board and commission member, and each Officer, department head
and full-time employee, before beginning the duties of their office, shall take, subscribe to and file with the
City Clerk the required oath of office under State 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 Article 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.
Funding and Compensation.
(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 City boards and commissions.
(B) Compensation. Unless otherwise specified by City ordinance, members of boards and commissions shall
serve without compensation for their services , but may receive reimbursement for necessary traveling and
other expenses incurred on official duty when such expenditures are approved in advance by the City Manager
in accordance with City policies .
Sec. 602.
Appointments, Terms, and Vacancies.
(A) Appointments and Terms. The members of each City board or commission shall be appointed, and shall
be subject to removal, by action of the City Council. The members of such boards and commissions shall serve
for a term of four years and until their respective successors are appointed and qualified. Board and
commission members shall be limited to a maximum of two consecutive terms and an interval of two years
must pass before a person who has served two consecutive terms may be reappointed to the body upon which
the member had served. For the purpose of this Charter Section 602, an appointment to fill an initial term or an
unexpired term of less than two 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 years shall be considered to be a full term.
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(B) Initial Classification of Appointees. The members appointed to such boards and commissions shall so
classify themselves by lot so that the first day of July of every year , the term of one of their number shall
expire. If the total number of members of such body to be appointed exceeds four , 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
member shall expire on the first day of July of every year.
(C) Vacancies. Vacancies in any board or commission 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. A board or commission member shall have been deemed to have
vacated their position under any of the circumstances described in Charter Section 303(A)(2)-(10) with respect
to City Councilmembers and the Mayor. Additionally, if a member of a board or commission is absent from
three regular meetings of such body consecutively, unless by permission of such board or commission
expressed in its official minutes, then such member shall forfeit their office and the office shall become vacant
once so declared by the City Council.
(D) Eligibility. All voting members of City boards and commissions must be Residents of the City of Chula
Vista and at least 18 years of age. Notwithstanding the foregoing, the City Council may appoint non-Residents
to boards and commissions (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-Residents to such boards
and commissions must be passed by at least four-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 Charter Section 300.5. No person
may be appointed nor shall serve on more than one board or commission simultaneously unless otherwise
approved by the City Council in accordance with City Council policy.
Sec. 603.
Meeting Procedures.
(A) Presiding Officer. As soon as practicable, following July 1st of every year, each boards and commissions
shall select 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.
(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 then appointed and sworn in board or commission members shall be
necessary for it to take any action except to adjourn.
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(D) Staff Liaison. The City Manager shall designate a staff liaison to staff and record the minutes for each
such board and commission, and to keep a record of its proceedings and 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 other 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. If
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 .
Sec. 604.
Planning Commission.
(A) In General. There shall be a City Planning Commission to be appointed by the City Council from the
Residents of the City, none of whom shall hold any paid office or employment in the City government. The
number of members to comprise the Planning Commission shall be established by ordinance of the City
Council at not less than five nor more than nine.
(B) Powers and Duties. The Planning Commission shall have the power and duty to:
(1) recommend to the City Council, after a public hearing thereon, the adoption or amendments to the
General Plan, a Sectional Planning Area Plan, a General Development Plan, a Specific Plan, a Precise
Plan, and Rezonings for the physical development of the City; and
(2) exercise such functions with respect to land subdivisions, planning, and zoning, use permits, and
project design as may be prescribed by ordinance and State law.
(C) Staff Support. The services of the Director of Development Services, or their designee, and the City
Attorney’s Office shall be made available to support the activities of the Planning Commission.
Sec. 605.
Board of Library Trustees.
(A) In General. There shall be a Board of Library Trustees consisting of at least five members to be
appointed by the City Council from the Residents of the City. 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.
(B) Powers and Duties. The Board of Library Trustees shall have the power and duty to:
(1) Act in an advisory capacity to the City Council in all matters pertaining to City libraries; and
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(2) Recommend to the City Council the adoption of such rules and regulations as it may deem necessary
and appropriate for the administration and protection of City libraries.
Sec. 606.
Civil Service Commission.
(A) In General. There shall be a Civil Service Commission consisting of five members to be appointed by the
City Council from the Residents of the City. No member of such commission shall hold any 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:
(1) two members shall be appointed by the City Council from a list of at least four persons to be nominated
by election of the employees in the Classified Service;
(2) two 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 persons nominated by the
four 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.
(C) Powers and Duties. The Civil Service Commission shall have the power and duty to:
(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 Article;
(2) Hear appeals of any person in the Classified Service relative to any suspension, demotion or dismissal;
(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
(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 and
this Charter and to assist in the implementation of proper employer-employee relations.
Sec. 607.
Parks and Recreation Commission.
(A) In General. There shall be a Parks and Recreation Commission consisting of at least five members to be
appointed by the City Council from the Residents of the City. No member of said Commission shall hold any
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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.
(B) Powers and Duties. The Parks and Recreation Commission shall have the power and duty to:
(1) Act in an advisory capacity to the City Council in all matters pertaining to parks, recreation centers,
sports fields and playgrounds;
(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
(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.
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 employees of the City shall be divided into the Unclassified Service and the Classified Service as follows:
(A) Unclassified Service. The Unclassified Service shall include the following Officers and positions:
(1) all Elected Officials;
(2) the positions expressly identified as “Unclassified” in Charter Section 500;
(3) all members of boards and commissions;
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(4) positions 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) persons employed to render professional, scientific, technical or expert service of any occasional and
exceptional character;
(6) part-time employees paid on an hourly or per diem basis;
(7) persons employed to fill positions which have been created for work and/or projects funded entirely
or in part by grants made to the City ; and
(8) any additional management level positions in the Unclassified Service approved by an ordinance
adopted by a four-fifth’s vote of the City Council in accordance with Charter Section 500(D).
(B) Classified Service. The Classified Service shall comprise all positions not specifically included by this
Charter Section 701 in the Unclassified Service.
Sec. 702.
Civil Service Rules and Regulations.
The Civil Service rules and regulations shall provide for the following matters, in addition to such others as the
City Council may deem necessary, proper or appropriate to carry on the intent and purpose of the Civil Service
provisions of this Charter.
(A) The classification of all positions in the Classified Service.
(B) The selection, employment, advancement, suspension, demotion, and discharge of all persons in the
Classified Service.
(C) 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.
(D) The holding of promotional examinations to fill vacancies where promotional examinations are practicable
in the opinion of the Civil Service Commission.
(E) The process for certification of names from the eligible list to fill a position in the Classified Service,
including the role of the Civil Service Commission in such process.
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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, within six months thereafter, such Officer or employee is removed or
resigns 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) 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 ratification if the duration of the appointment
exceeds one year].
(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 may continue for up to one year. 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, the City Council may abolish or reduce any position(s) in
the Classified Service Should such employee or officer holding such position or employment involving all or
the 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, with approval of the City Council, may contract with the governing body of a city or county within
this State, or with a State 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) 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 otherwise act or
fail to act, in their official capacity as a result of any or partisan or political consideration;
(B) solicit or coerce from any other Officer or employee of the City of Chula Vista, any political payment, or
contribution or membership; or
(C) use any office or position with the City in any activity in support or opposition to any person running for
any 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, or violation through gross negligence, of the prohibitions in this Charter Section 707, 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.
In General.
(A) Procedure for Holding Elections. Unless otherwise provided in this Charter or by ordinance, all
municipal elections shall be held in accordance with the provisions of the Elections Code for the holding of
elections in general law cities.
(B) Timing. Primary 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 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.
(C) Nominations. Only a Resident and registered voter of the City can nominate a person to be a candidate for
Mayor and to be a candidate for City Attorney. Only a Resident and registered voter of a district can nominate
a person to be a candidate for Councilmember for that district. For any election contest, no person can
nominate more than one candidate for a single office.
(D) 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
in any Council district, if said vacancy is to be filled by a special election as provided in Charter Section 901,
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candidates for said vacancy shall similarly designate the appropriate numbered district on their nominating
papers.
(E) Mail Ballot Option Allowed in Limited Circumstances. Subject to the requirements of State law,
elections for ballot measures, may, at the discretion of the City Council, be conducted by means of a mailed
ballot. Elections to choose Elected Officials, however, may not be conducted by mail ballot except for special
elections to fill vacancies as provided in Charter Sections 303 and 503(G).
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
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 and City Attorney elections,
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 shall be elected. Ties at any general municipal
election shall be resolved by random selection method chosen and administered by the City Clerk. These same
rules apply for the Mayoral and City Attorney elections, 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.
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Sec. 902
Special Rules for Candidates.
(A) 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 Charter Section 902 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. Notwithstanding the foregoing, in the event that a
primary municipal election is cancelled for any office because two or less candidates qualify for such election,
a write-in candidate may qualify to participate as a candidate for such office in the general election by
qualifying to run as a write-in candidate for such general election under State law. Except as expressly
provided in this paragraph, no write-in candidate shall be eligible to run for office in any municipal election.
(B) 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, to
the candidate receiving the third highest number of votes in the primary municipal election, the opportunity to
be placed on the ballot in lieu of the deceased. Such candidate shall notify the City 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 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. 903.
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 (7) 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 Charter Section
903. As used in this Charter Section 903, 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..
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(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 Charter Section 903, 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 Charter Section 903.
(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 Charter Section 903.
(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 Charter Section 903.
(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, the following persons
are ineligible to apply for and serve on the Commission:
(a) the Mayor, a Councilmember, any other Elected 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 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
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
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“lobbyist” means a person who, for compensation, has direct communication with a City official, including the
Mayor, a Councilmember, or any Elected 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 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 Charter Section 903 (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;
(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 Charter Section 903 (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
Charter Section 903(C) and the goals described in Charter Section 903(D)(3).
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(5) Vacancies. A vacancy of the Commission shall be declared for the same reasons described in Charter
Section 602(C). Vacancies on the Commission, shall, if possible, be filled using the same process described in
Charter Section 903(D), and if not possible, then by the City Council consistent with the eligibility restrictions
in Charter Section 903(C) and the goals described in Charter Section 903(D). 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 submit
nomination papers to the City Clerk to 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 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
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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 Charter Section 903(F) 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 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 Charter Section 903(F). 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
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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 Charter Section 903 shall be subject to the
referendum provisions of this Charter.. If a referendum qualifies against any Final Redistricting Plan approved
under this Charter Section 903, the City shall continue to elect Councilmembers by district elections as
provided in Charter Section 900 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 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
Charter Section 903(G).
(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 Charter Section 903(G).
(J) Dissolution of Redistricting Commission. Each Commission established under Charter Section 903 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.
Sec. 904.
Initiative, Referendum and Recall.
There are hereby reserved to the electors of the City the powers of initiative, referendum, and recall of Elected
Officials subject to the terms and conditions of the Elections Code to the extent such provisions of the
Elections Code are not in conflict with this Charter.
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Sec. 905.
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 Municipal Code.
ARTICLE X.
FISCAL ADMINISTRATION
Sec. 1000.
Fiscal Year.
The fiscal year of the City 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 their department or office for the upcoming fiscal year in such form
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 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 (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 be authorized then 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.
Public Hearing on the City Council’s Proposed Budget.
At the properly noticed time and date for the public hearing, or at any time to which such public hearing shall
be continued, the City Council shall hold a public hearing on the proposed budget and consider all public
testimony presented.
Sec. 1004.
Final Budget Consideration and Adoption.
After the conclusion of the public hearing the City Council shall (1) further consider the proposed budget, (2)
make any revisions thereto they may deem advisable based on any new information, considerations, or
testimony presented, and (3) adopt the budget with revisions, if any, by the affirmative votes of at least three
members. City Council action to approve the budget must be taken 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 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.
Sec. 1005.
Budget Appropriations; Amendment.
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
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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 an affirmative four-fifths vote.
Sec. 1006.
Taxes.
(A) 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.
(B) Procedures. To 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 Limitations.
(A) Assessed Valuation Limits. The City shall not incur an indebtedness evidenced by general obligation
bonds which shall in the aggregate exceed the sum of 15% of the total assessed valuation, for the purposes of
City taxation, of all the real and personal property within the City.
(B) Voting Requirements. 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 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.
(C) Special Rules for Public Utilities and Industrial or Commercial Facilities. 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.
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(D) Other Limitations. All other limitations, terms and procedures for the City’s issuance of debt shall be
governed by State law applicable to Charter cities and/or to the extent allowed by State law or City ordinance.
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:
(A) 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 bid processes for all contracts, with formal advertisement for bids and sealed bids required
for all “major” contracts;
(C) the award of contracts to the lowest responsive and responsible bidder;
(D) 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 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) 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.
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 a
four-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-
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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.
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 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.
(B) 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.
(C) The ordinance described in Charter Section 1010(B), 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 a four-fifths
vote of the City Council.
Sec. 1011.
Property Storage, Distribution, Inventory and Disposition.
The City Manager shall establish a 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.
Sec. 1012.
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
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audit and report shall be presented to the City Council at a public meeting and a copy shall be made available
to each City Council member, to the City Manager, Director of Finance and City Attorney, respectively. One
additional copy shall be placed on file in the office of the City Clerk where it shall be available for inspection
by the general public.
ARTICLE XI.
FRANCHISES
Sec. 1100.
Granting of Franchises.
Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication,
terminal facilities, water, light, heat, gas, power, or other public utility or service, or using the public streets,
ways, alleys, or other public places for the operation of plants, works, or equipment for the furnishing of such
utilities or services, 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
Charter Section 1100 or elsewhere in this article shall apply when the City, or any department thereof, is itself
furnishing any such utility or service.
Sec. 1101.
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. 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
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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.
Sec. 1102.
Term of Franchise.
To 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, shall be voluntarily
surrendered or abandoned by its possessor, or until the State, 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 State, 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. 1103.
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 19 of Article XI 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
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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.
Sec. 1104.
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 grantee of a franchise under this Article.
Sec. 1105.
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) 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) 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 and hold harmless the City and its Officers from any and all liability for damages proximately
resulting from any operations under such franchise;
(D) 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) 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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Sec. 1106.
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 XII.
MISCELLANEOUS
Sec. 1200.
Definitions.
Unless the provision or the context otherwise requires, as used in this Charter:
“City” means the City of Chula Vista.
“County” means the County of San Diego.
“Elected Official” means any person who holds an elective office of the City.
“Elections Code” means the Elections Code of the State of California.
“Municipal Code” means the Chula Vista Municipal Code.
“Officer” means a person who holds the position of City Manager, Assistant City Manager, Deputy City
Manager, City Clerk, City Attorney, or Department Head.
“Resident” means any person whose domicile, as that term is defined in the California Elections Code, is
within the City, unless otherwise provided by City ordinance.
“State” is the State of California.
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Sec. 1201.
Violations.
Every act punishable by fine or penalty shall be prescribed by ordinance. The violation of any provision of this
Charter shall be deemed a misdemeanor and shall be punishable upon conviction by a fine or imprisonment, or
both, not exceeding 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 prosecuting authority,
any violation of any provision of this Charter may in the alternative be cited and prosecuted as an infraction.
Sec. 1202.
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. 1203.
City Clerk Authority to Make Minor Corrections.
The City Clerk shall be authorized to make minor amendments to the Charter to correct typographical errors or
to make other similar non-substantive corrections, subject to ratification by the City Council and approval as to
form by the City Attorney.
Sec. 1204.
Implementing Actions.
The City Council may enact additional rules or regulations, either by ordinance or resolution, as appropriate, in
order to implement some or all of the terms of this Charter, provided that any such rule or regulation shall be
consistent with the terms of this Charter.
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Sec. 1205.
Governing Law in the Event of Inconsistency.
To the extent of any inconsistency between State law and any provision of this Charter or of any provision of
any City ordinance, resolution, or administrative policy that implements or is consistent with this Charter
(“Local Law”), the provisions of Local Law shall govern. To the extent no Local Law exists, any State law
applicable to charter or general law cities shall govern.
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 8, 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.
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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.
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Latest amendments were approved by the electorate on November 8, 2022.
Latest amendments were approved by the electorate on .
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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Latest amendments were approved by the electorate on 11/4/2014November 8, 2022.
ARTICLE I.
INCORPORATION AND SUCCESSION
INCORPORATION AND CONTINUATION
Sec. 100.
Name and Boundaries.
The City of Chula Vista (“City”) shall beis a chartered municipal corporation of the State of California
(“State”) 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,Property Rights and Liabilities.
The City of Chula Vista shall own, possess and control all rights andof 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.
Sec. 103.
Continuance of Contracts.Original Effective Date of Charter; Subsequent Amendments.
All contracts entered into by the City, or for its benefit, prior to the
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Latest amendments were approved by the electorate on 11/4/2014November 8, 2022.
The original effective date of this Charter, shall continue in full force and effect. was December 15, 1949. This
Charter has since been amended, with the 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.Sec. 104.
Effective Date of Charter.
The effective date of this Charter is December 15, 1949, and totally revised pursuant to direction of the voters
on June 6, 1978.
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. or federal law. 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.
Sec. 201.
Powers Vested in Council.
Structure of Government; Powers Vested in Council.
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.
Commented [SN1]: [Sec. 104 moved/restated in Sec. 103]
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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 the office of Mayor, or to be elected or appointed to the office of Mayor, unless such person is a resident
and registered voter of the City or territory annexed to the City., in the same manner provided in Section 901
for Councilmembers in Charter Section 901, except without any reference to districts. To be eligible to seek
election to the office of Mayor, a person must be a residentResident 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, 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) below.Charter Section 901. 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 residentand a 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. To be eligible to hold the office of Councilmember unless that, a person ismust
be a registered voter of the City or territory annexed to the City and residentand a Resident of the Council
district which that Councilmember represents and maintain such status throughout their term.
(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 of 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
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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 nominal term of four years and shall
commence on the first Tuesday of December of the year of the election, 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 given at the first scheduled City Council meeting following certification of
the election results.
(D) Councilmember and Mayor Terms of Office. The nominal term for each Councilmember and the Mayor
shall be four years. Each such term shall commence upon taking the oath of office and shall continue until a
qualified successor takes the oath of office. The 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) (E) Limitation on Consecutive Terms. Councilmembers and Mayors may serve up to, but no No person
shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than, two
(2) consecutive terms, and no 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
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
Commented [MM2]: This section has been moved to Section
901.
Commented [MM3]: This is a rewording of existing language
immediately above.
Commented [MM4]: Council may want to consider revising the
provision for the time between consecutive terms that a City
Council person must “sit out” before they can run again from one
year to 2 or even 4 years in light of the conversion of City Council
elections from “at large” to “by district” elections. This is a Level 4
change as described in the Description of Level 1, 2, and 3 Changes.
The Charter Review Commission has no specific recommendation
on this item.
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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.
(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 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.
Commented [MM5]: Moved to Section 900(D), with changes
noted or in underline strikeout.
Commented [MM6]: This section has been moved and
incorporated into Section 901.
Commented [MM7]: Moved to Section 902(B), with any
changes noted or in underline strikeout format.
Commented [MM8]: Moved to Section 901, with any changes
noted or in underline strikeout format.
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(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.
(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;
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(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;
(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;
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(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.
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(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.
(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.
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(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.
(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.
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(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
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
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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
Commented [MM9]: This section has bene moved to Section
903, with any changes noted or in underline strikeout.
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Latest amendments were approved by the electorate on 11/4/2014November 8, 2022.
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 Councilmember in office at the time of the effective date of this
Section 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 consecutive term in the office of City
Councilmember for which he or she was previously elected or appoinSec. 301.
Powers to Judge Qualifications and Election Results.
The City Council shall may judge the qualifications of its members the City’s elected officials as set forth by
the Charter. It shall, and may judge all election returns. It may establish rules for the conduct such positions,
subject to the terms and conditions of its proceedings and evict or prosecute any member or other person rules
and procedures it shall adopt for disorderly conduct at any of its meetings. Each member of the City Council
shall havesuch purposes by ordinance, and the power to administer oaths and affirmations in any investigation
or proceeding pending before requirements of applicable State and federal laws. In matters involving the City
Council. The determination of the qualifications of its Elected Officials, and 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 such Refusal 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
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.
Commented [MM10]: This provision is already provided in the
City Clerk duties. See Section 502(A) and (B).
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Latest amendments were approved by the electorate on 11/4/2014November 8, 2022.
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 on the date if such office holder:
If a member of the City Council(1) is absent from four (4) consecutively scheduled and held regular
meetings of the City Council scheduled and held, unless by without permission of or 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) resigns from office; 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 sworn in is elected to another seat on the City Council, or other office or position 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.
(5) is removed from office by judicial procedure;
(6) forfeits the office under any provisions of this Charter;
(7) no longer meets the qualifications necessary to hold the position; and
(8) is judicially-determined to be an incompetent; or
(9) is permanently so disabled as to be unable to perform the duties of the position. 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 officer; or
(10) dies.
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.
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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
other federal, stateState or local election, then (Aa) the City Council shall declare an anticipated vacancy and
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), 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 CaliforniaCharter 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.
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(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 Charter Section
300.A.3.901(B).
(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 CodeElections Code. The two (2) candidates receiving
the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for
the vacant Council seat 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 Charter Section 303, 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 Charter Section 902(A)0(D).
(c) A vacancy in the office of Mayor shall be filled in the same manner as provided in
subparagraphs Charter 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 Charter Section 303(C.)(1., above,), or call a special election to fill the vacancy,
pursuant to subsection Charter Section 303(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 sectionCharter Section 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 Charter 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 sectionCharter Section 303.(C.)(2.).
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(5) As provided in Section 300.C, anyFuture Election of Appointee to Elected Office. Any person who is
appointed by the Council to fill the office of Councilmember or Mayor as provided in Charter Section 303(C),
may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year
from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and
election for two (2) full terms thereafter.
(6) Mail Ballot Only Option in Case of Special Election. If a vacancy in the office of an Elected Official 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 Official is subject to suspension upon determination by the City Attorney (or by the City
Council if the Elected Official is the City Attorney) that a felony criminal indictment or felony criminal
proceedings are pending against such Elected Official (“Pending Charges”). If a determination of Pending
Charges is made, the Elected Official may be suspended by the City Council. During suspension, the
Elected Official 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 health 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 Official, the office shall become vacant, in accordance with Charter Section 303(A). If a felony
conviction does not result upon the resolution of the case, the suspension shall be lifted, the Elected
Official shall be entitled to resume the duties of the office, and the Elected Official shall be entitled to
back pay for all salary amounts not received during suspension. Notwithstanding the foregoing, if the
Elected Official’s term of office lapses during the suspension period, the Elected Official’s rights to such
office shall also lapse. Nothing in this Charter Section 304 shall prohibit a suspended Elected Official
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:
Commented [MM11]: This concept was originally proposed to
the City Council by the Charter Review Commission for
consideration in 2020. The language has been updated since. This is
a Level 3 change as noted in the Charter Review Commission
Description of Level 1, 2, and 3 Changes.
Commented [SN12]: Presiding Officer, Mayor. Moved to
Section 305
Commented [MM13]: This concept was originally proposed to
the City Council by the Charter Review Commission for
consideration in 2020. The language has been updated since. This is
a Level 3 change as noted in the Charter Review Commission
Description of Level 1, 2, and 3 Changes.
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(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 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 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 orderwith the advice and enforcesupport of the law,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. 305. Sec. 306.
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.
(C) 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.
(D) Penalties for Violation. A violation of the provisions of this sectionCharter Section 306 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
property available for private development if such participation is approved by a majority of the voters in the
City.
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Latest amendments were approved by the electorate on 11/4/2014November 8, 2022.
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. 306. Sec. 308.
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 applicable 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 3086 shall be considered a “special meeting.” Subject to the laws applicable to Charter cities,
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 City Council Chambers 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 theCity Council Cchambers are not otherwise available or
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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, 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 joint meetings with other governmental agencies held at a
regular place of meeting of such agency.
(E) Joint Session with Other Governing Bodies. The City Council may meet in joint session outside the City
with the governing body or bodies of any other governmental 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 Charter Section 309 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.City Council Action Generally.
(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. A resolution or order for the payment of money shall be adopted or made only at
a regular or adjourned regular meeting.
(cA) 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.
(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.
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:”
Commented [SN14]: Section 311(a) moved to Section 312(A)
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(A) Generally. With the sole exception of In general, except for emergency ordinanceswhich take effect upon
adoption referred to as provided in Charter Section 312(B), or otherwise required by law, this article, no
ordinances shall be adopted by in a two-step process. First, the City Council on the day of must approve the
introduction of an ordinance introduction., nor within Second, no sooner than 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 the City Council 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 again consider the proposed ordinance and take
final action to adopt 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 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 for purposes of this Charter Section 312within the meaning of the
foregoing sentence.
(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 a four
affirmative votes-fifths vote of the Council.
(b(C) 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 section or 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 making a copy of the full
ordinance available in the office of the City Clerk. Each fair and impartial summary to be published shall be
approved as to form by the City Attorney.
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
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(D) 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
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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 orfederal, State, or County government or by any agency of eitherany of them, or nationally.
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 Charter Section 312. 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 aAt 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.
(dE) 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 someState or local 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.
(eF) 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.
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Sec. 313.
Publishing ofLegal 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, or noticed, all City Council-related matters required to be
published or noticed in accordance with applicable laws.
ARTICLE IV.
CITY MANAGER
Sec. 400.
City Manager.In General.
(Aa) Appointment, Salary. There shall be a City Manager who shall be the executive officer of the City; to.
The City Manager 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.
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(Cc) Ineligibility. No person shall be eligible to receive appointment as City Manager while serving as a
member of the City Councilan Elected Official, nor within one year after ceasing to be a City
Councilmemberan Elected Official.
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 affairsdepartments, agencies and business
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 except elective officers and those
department heads and officers whose power of appointment is vested in(subject to the provisions of Charter
Section 500 , and excluding the City Attorney, the City Council,Clerk, and their appointees), and pass upon
and approve all proposed appointments and removals by department heads and other appointive officers.;
(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
required by 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 the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of
the City; and
(F) recommend to the Council for adoption such agreements, actions and ordinances as the City Manager
may deem necessary or appropriate;
Commented [SN15]: Section 401(g) moved to 401(H)
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(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.
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 anytheir
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
Other Positions in the Unclassified Service.
(a) Election; Appointment. The City Attorney shall be elected by the voters of the City.
(A) 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 each of the City Manager, the City Attorney and the Mayor and Council, who shall be appointed
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by the respective officers for whom they serve. All other officers, and subject to removal by, the City Manager,
City Attorney and Mayor, respectively.
(C) Assistant and Deputy City Managers and Department Heads. Assistant and Deputy City Managers and
department heads of the City and the Assistant City Manager(excluding those appointed by the City Clerk 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 approvalratification of the City Council. The City Attorney shall
also appoint Assistant or Deputy City Attorneys as may be authorized by the Council, who 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 , and shall be in the Unclassified Service. It is
further provided the
(D) Other Unclassified Service Positions. 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. The head of the Human Resources Department shall maintain a
master list of the Councilall Unclassified Service positions within the City.
(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.
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(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.
Sec. 501.
Administrative Departments.
(A) City Council Authority. 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.
(B) City Manager Authority. The City Manager shall be responsible for the organizational structure of all
departments subject to the City Manager’s direction, including theirdepartment divisions, sections, crews and
other necessary unit components and, The City Manager shall also assign duties, delegate administrative
powers, and provide staff for thesuch departments for which the City Manager is responsible..
(C) Number and Compensation of Positions. The City Council shall control by budget the number and
compensation ranges 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.
Sec. 502.
City Clerk; Powers and Duties.
The City Clerk shall be the department head for the City Clerk’s office and 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
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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;
(f) Have charge ofF) administer all City elections;.
(G) oversee the management of all City records; and
(H) cause to be published or noticed all City Council-related matters required to be published or noticed in
accordance with applicable laws.
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 thisOfficer of the City 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 Charter.
Section 503(C). 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 city officersCity 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 theCity 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 city officerCity Officer or employee, or
former City officerOfficer or employee, as may be required by law or in accordance with City policy in any or
Commented [MM16]: Many of these changes were first
presented by the Charter Review Commission to the City Council in
2020. Language has since been updated.
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all legal actions and proceedings in which the City or any such officerOfficer 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;
the boards or officers of the City;(4 Approve the fo) oversee the preparation of all contracts made by and
all bonds given to the City, endorsing approval thereonand approve the form of same in writing.;
(5) Prepare) oversee the preparation of any and all proposed ordinances or resolutions for the City, and
amendments thereapprove 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 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 or infractions;
(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 empowerIn 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 officerOfficer or employee may be authorized to retain special legal
counsel at City expense. Nothing in thisCharter Section 503503 shall be construed to prevent the City Attorney
from giving confidential advice to the City when otherwise allowed by law.
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(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 sectionCharter
Section 503. 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-authorizedfor 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 D) Residency Requirements. To be eligible to seek election to the office of City Attorney.
No, a person shall be eligible must be a Resident and registered voter of the City at the time they are issued
their nomination papers for or continuesuch office. To be eligible to hold the Officeoffice 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, a person must be a Resident and registered voter of the City and maintain such status
throughout their term.
(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 theupon the taking of the oath of office and shall continue until a qualified
successor takes the oath of office, or until the City Attorney vacates the seat, whichever occurs first Tuesday of
December of the year. The oath of the office shall be administered at, or immediately prior to, the first City
Council meeting held following the Friday after which the official election, and shall continue until a successor
qualifies 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).D).
(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 theCity Council;
provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office shall
becomebecomes 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 generalregularly scheduled election for the
Office of the City Attorney.
Commented [MM17]: This is a Level 3 change as noted in the
Charter Review Commission Description of Level 1, 2, and 3
Changes.
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(g) H) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council under
any of the circumstances described in Charter Section 303(A)(12)-(10) with respect to City Councilmembers
and the Mayor. Additionally, the Office of City Attorney shall be declared vacant by the Council when the
person elected or appointed thereto either (1) fails to qualify within ten days after his or herthe person’s term is
to begin, (2) dies, (3) resigns, (4) ceases to be a residentResident of the State or absents himself or herselfCity,
(5) is absent continuously from the State for a period of more than thirty days without permission from the
Council, absents himself or herself(6) (2) is absent from any seven consecutive regular meetings except on
account of own illness or when absent from the City by permission of the Council, or (23) (7) is convicted of a
felony, (8) is judicially determined to be an incompetent, (9) is no longer licensed as an attorney in the State,
(10) is permanently so disabled as to be unable to perform the duties of his or herthe office, (11) forfeits his or
herthe office under any provision of this Charter, or (12) 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 sectionCharter Section 504.
(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.B) Scope of Work. Legislative
Counsel shall neither oppose nor urge enactment of any legislation.
(c) Legislative Counsel may alsoonly advise the Council regarding conflicts of interest involving: (1) on legal
matters where the City Attorney, andor a State agency with jurisdiction over such matters, has determined that
the City Attorney has a conflict of interest; (2) on matters relating to City Councilmember conflicts of interest;
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 LegislativeConflict Counsel on the
matters set forth in this section 503.1Charter Section 504 shall be in lieu of that of the City Attorney. The Counsel
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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 the advice of Conflict Counsel.
Sec. 504. Sec. 505.
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
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;
Commented [MM18]: This is a Level 3 change as noted in the
Charter Review Commission Description of Level 1, 2, and 3
Changes.
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(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. Sec. 506.
City Council Authority to Add or Consolidate Functions
Assignment of Additional Functions or Duties. of Officers and Employees.
(A) The City Council, may assign, by ordinance, may assign 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.
(B) 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.
(C) However, the 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 areshall be
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.
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Sec. 506. 507.
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. 507. Sec. 508.
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
departmentor office, subject to the civil service provisions, or as provided by ordinance of the Council as
authorized by Charter Section 500(a) of this Charter, and subject to priorthe approval of the City Manager.
Sec. 508. Sec. 509.
Illegal Contracts; Financial Interest.
(A) Financial Interest Prohibited. No member of the City Council, department head, or other officerOfficer
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 Charter 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 Charter 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 sectionCharter Section 509, shall become void at the election of the
City, when so declared by resolution of the City Council.
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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.
Sec. 509. Sec. 510
Acceptance of Other Office.
Any elective officerfull-time Elected Official 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 saidtheir office under
City government.
Sec. 510. Sec. 511.
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 officerOfficer 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. 511. Sec. 512.
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.
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.
Sec. 512. Sec. 513.
Oath of Office.
Each member of the City Council and of, every board and commission member, and each officerOfficer,
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 of office under State law. 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 the 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.”
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
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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. TheUnless 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 in accordance with City policies .
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 sectionCharter
Section 602, an 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.
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(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. A board or commission
member shall have been deemed to have vacated their position under any of the circumstances described in
Charter Section 303(A)(2)-(10) with respect to City Councilmembers and the Mayor. Additionally, iIf 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 residentsmust be Residents of the
City of Chula Vista. The City and at least 18 years of age. 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 Charter 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.
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
officerOfficer 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.
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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 secretary for the recording ofstaff liaison to staff and
record the 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 .
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.
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.
B) Powers and Duties. The Planning Commission shall have the power and duty to:
(a) Recomme(1) recommend to the City Council, after a public hearing thereon, the adoption,
amendment, or repeal of a Masteramendments to the General Plan or any part thereof, a Sectional
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Planning Area Plan, a General Development Plan, a Specific Plan, a Precise Plan, and Rezonings for the
physical development of the City; and
(b) Exercise
(2) exercise such functions with respect to land subdivisions, planning, and zoning, use permits, and
project design as may be prescribed by ordinance and State law.
(C) Staff Support. The services of the Director of Development Services, or their designee, and the City
Attorney’s Office shall be made available to support the activities of the Planning Commission.
Sec. 607. Sec. 605.
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.
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 cityCity libraries.
Sec. 609. Sec. 606.
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 Citypaid 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:
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Two(1) two members shall be appointed by the City Council from a list of at least 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.
Sec. 610.
Civil Service Commission;(C) Powers and Duties.
The Civil Service Commission shall have the 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. 607.
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
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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:
(a1) Act in an advisory capacity to the City Council in all matters pertaining to parks, recreation centers,
sports fields and playgrounds;
(b (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 (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.
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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. as follows:
(aA) Unclassified Service. The Unclassified Service shall include the following officersOfficers and
positions:
(1) All elective officersall Elected Officials;
(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; or as provided in
Section 500 of this Charter.
(2) the positions expressly identified as “Unclassified” in Charter Section 500;
(3) Allall members of boards and commissions;
(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
Section 500 of this Charter.; and
(8) The City may place Assistant and Deputy Department Heads, Assistants to the City Manager and
newany additional management level positions in the Unclassified serviceService approved by an ordinance
adopted by a four-fifth’s vote. of the City Council in accordance with Charter Section 500(D).
(bB) Classified Service. The Classified Service shall comprise all positions not specifically included by this
sectionCharter Section 701 in the Unclassified Service.
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Sec. 702.
Civil Service Rules and Regulations.
The 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 serviceClassified Service.
(bB) The selection, employment, advancement, suspension, demotion, and 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.
(D) The holding of promotional examinations to fill vacancies where promotional examinations are practicable
in the opinion of the Civil Service Commission.
(d) E) The process for certification of three names standing highest onfrom the eligible list to the appointing
authority to fill a position in the Classified Service, unlessincluding the role of the Civil Service Commission,
with the consent of the appointing 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.process.
Sec. 703.
Appointments from Classified Service Positions.
In the event an officerOfficer 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 officerOfficer 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.
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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 if the duration of the[for any
appointment of longer thanexceeds 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
officerOfficer, or pending final action on proceedings to review a suspension, demotion or dismissal of an
employee or officerOfficer. Such temporary appointments shall notmay continue for a longer period than six
months.up to one year. 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, 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 such
employee or officer holding such position or employment involving all or the major part of the same duties be
reinstated or created within two years, the employee or officerOfficer discharged or reduced shall be entitled to
be appointed thereto in preference to any other qualified persons on the eligible list for such position.
Sec. 706.
Contract for Performance of Administrative Functions.
The City, with approval of 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.
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Sec. 707.
Improper Political Activity.
No elective or appointive officerOfficer 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 officerOfficer 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 officerOfficer 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 Charter Section 707, 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.
ARTICLE VIII.
RETIREMENT
Sec. 800.
State System.
Plenary authority and power are hereby vested in the City, its City Council and its several officersOfficers,
agents and employees to do and perform any act, or exercise any authority granted, permitted, or required
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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.
In General Municipal Elections; Terms.
(A) Procedure for Holding Elections.General Unless otherwise provided in this Charter or by ordinance, all
municipal elections shall be held in accordance with the provisions of the Elections Code for the holding of
elections in general law cities.
(B) 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.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.
(C) Nominations. Only a Resident and registered voter of the City can nominate a person to be a candidate for
Mayor and to be a candidate for City Attorney. Only a Resident and registered voter of a district can nominate
a person to be a candidate for Councilmember for that district. For any election contest, no person can
nominate more than one candidate for a single office.
(A)(D) Designation of Council District. Each Council district shall be numbered one (1) through four (4)
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., 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 Charter Section 901303 of the Charter, candidates for said vacancy shall
similarly designate the appropriate numbered district on their nominating papers.
(E) Mail Ballot Option Allowed in Limited Circumstances. Subject to the requirements of State law,
elections for ballot measures, may, at the discretion of the City Council, be conducted by means of a mailed
ballot. Elections to choose Elected Officials, however, may not be conducted by mail ballot except for special
elections to fill vacancies as provided in Charter Sections 303 and 503(G).
Commented [MM19]: Moved from Section 300(D).
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Sec. 901.
Primary, General, and Special Municipal Elections.
(A) Primary Municipal Elections. In the general 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 (1) candidate
from their district.; and tThe two (2) 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 a run-offthe general
municipal election to be held on the same date as the statewide election date in November immediately
following the general primary municipal election. (if no statewide election is conducted, then on the first
Tuesday after the first Monday of November of each even numbered year). Notwithstanding the foregoing, Iif
only two qualified candidates from a Council districtfor the office of Mayor, or for a Councilmember district
seat, file nomination papers to participate in the general primary municipal election in that districtfor such
office, no general primary municipal election shall be held for such office. and the two Instead, such
candidates shall be the only two candidates at the run-offin the general municipal election for that officethe
office of City Councilmember from that district. If two or more candidates from a districtfor an office tie in the
receipt of the highest number of votes for such office in the general primary municipal election, all such
candidates shall appear on the run-offgeneral municipal election ballot and nofor such office to the exclusion
of all other candidate(s). receiving the second-highest number of votes shall appear on the run-off election
ballot. If one candidate from a districtfor an office receives the highest number of votes and two or more
candidates from the same districtfor that same office tie in the receipt of the second-highest number of votes,
all such candidates for such office shall appear on the run-off general municipal election ballot. These same
rules apply for the Mayoral and City Attorney elections, 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 run-
offgeneral municipal election for Councilmembers, the voters in each district from which a Councilmember is
to be elected shall be entitled to vote for one (1) candidate from theireach district. for which a Councilmember
is to be elected, and Tthe candidate for Councilmember from each such district receiving the highest number of
votes cast shall be elected. Ties at any general municipal election shall be resolved by random selection
method chosen and administered by the City Clerk. These same rules apply for the Mayoral and City Attorney
elections, 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.Special Rules for Candidates.
(A) 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
Commented [MM20]: Section 300(A)(3) provisions were
moved here.
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this Charter Section 902 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. Notwithstanding the foregoing, in the event that a
primary municipal election is cancelled for any office because two or less candidates qualify for such election,
a write-in candidate may qualify to participate as a candidate for such office in the general election by
qualifying to run as a write-in candidate for such general election under State law. Except as expressly
provided in this paragraph, no write-in candidate shall be eligible to run for office in any municipal election.
(A) Death of a Candidate. 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 California, 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.If one
of the two eligible candidates in a run-off general municipal election dies, on or before the ninetieth day prior
to a special run-off election required under this Sectionand 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’shis or her name shall not be placed on the ballot. Instead, immediately upon
confirming the death, the City Clerk shall offer, in writing, to tThe candidate receiving the third highest
number of votes in the primarygeneral 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.
Such candidate shall notify tThe City Clerk shall make the offer in writing immediately upon notification of
the death. The candidate shall accept or reject in writing whether they have accepted or rejected the offer to the
Clerk within five calendar days of receipt of the City Clerk’s offer. Any acceptance must be accompanied by
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 respondaccepted, 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 the such death of
the deceased candidate was confirmed.
(B)
Sec. 903.
Districting Commission Establishment and Redistricting Process.
(A) Establishment of City Districting Commission; Composition; Powers and Duties.
(1) Establishment of Commission. Separate and distinct from the commissions provided for in Article VI
of this Charter, tThere shall be established a seven (7) member Districting Commission, hereinafter
“Commission,” for the initial purposes 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 Charter Section 903. As used in
this Charter Section 903, the term “Federal Decennial Census” shall mean the national decennial census that is
Commented [MM21]: Section 300(G) provisions were moved
here.
Commented [SN22]: Moved from Section 300.5
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taken under the direction of the United States Congress at the beginning of each decade.periodically
recommending to the City Council adjustments to the boundaries of such Council districts.
(2) Redistricting Plan Recommendations.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 Each Commissions shall recommend, and the City Council shall approve, a RedDistricting 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 primary municipal
election occurring at least three (3) months after adoption of the Final Red Districting Plan. The City Council
may amend this timeline, or other timelines set forth in this Charter Section 903, by resolution, as necessary to
respond to State statutory deadlines or other exigent circumstances. 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) Consultants. As necessary, Oone 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 RedDistricting Plans detailed in this Charter Section 903.
(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 Charter Section 903.
(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 Charter Section 903.
(C) Eligibility to Serve on the Commission.
(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 Eelected 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 Eelected City Oofficial;
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(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 Eelected City
Oofficial;
(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 Eelected City Oofficial, 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 Eelected City Oofficial.
(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 Charter Section 903 (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;
(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 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.
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The City Council shall approve nominees for selection to the Commission unless the City Council finds
by at least four (4) affirmative a four-fifths 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 Charter Section 903 (D) 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 Charter Section 903(C) of this Section and the goals
described in Paragraph 3 of this Subdivision.Charter Section 903(D)(3).
(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.
(65) Vacancies. A vacancy of the Commission shall be declared for the same reasons described in
Charter Section 602(C). Vacancies on the Commission, from whatever cause arising, shall, if possible, be
filled using the same process described in Paragraph 3 of this SubdivisionCharter Section 903(D), and if not
possible, then by the City Council consistent with the eligibility restrictions in Subdivision Charter Section
903(C) of this Section and the goals described in Paragraph 3 of this SubdivisionCharter Section 903(D). 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 forty-five 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.
(2) A person who serves as a Commission Member is ineligible to serve on, and shall not submit
nomination papers to the City Clerk to 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 RedDistricting Plan:
(1) District shall have reasonably equal populations as required by the fFederal and State constitutions.
(2) District boundaries shall be geographically compact and contiguous.
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(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 Rresidents 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 RedDistricting Plans. The Commission and City
shall abide by the following procedure in any districting process:
(1) The Commission and City should actively encourage City rResidents to participate in the districting
process. Such efforts should include, but not be limited to, encouraging City Rresidents 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 RedDistricting Plan based on application of the districting
criteria specified in Subdivision Charter Section 903(F) of this Section and consideration of all public
comments submitted to it. Approval of a Draft RedDistricting 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 DRedistricting Plan.
(3) A Draft RedDistricting 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 RedDistricting
Plan. The Commission shall hold at least two (2) public meetings between the release of a Draft RedDistricting
Plan and approval of a Recommended RedDistricting Plan; provided , however, that the first such public
meeting shall not be held sooner than seven (7) days following the release of a Draft RedDistricting Plan.
(4) The Commission shall thereafter approve a Recommended DRedistricting Plan for consideration by
the City Council. Approval of a Recommended RedDistricting Plan shall require the affirmative vote of at least
five (5) Commission Members.
(5) For each Recommended RedDistricting 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 RedDistricting Plan. Such a report shall accompany any
Recommended DRedistricting Plan submitted by the Commission to the City Council.
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(H) City Council Consideration of Recommended DRedistricting Plan; Approval of Final RedDistricting
Plan.
(1) The City Council shall hold at least one (1) public hearing on the Recommended RedDistricting Plan
of the Commission before the City Council takes any action to approve or disapprove the Recommended
RedDistricting Plan.
(2) The Recommended DRedistricting 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 RedDistricting Plan.
(3) The City Council shall not alter the Recommended RedDistricting Plan. Rather, the City Council
shall approve or disapprove the Recommended RedDistricting Plan in its entirety.
(4) If the City Council approves a Recommended RedDistricting Plan it shall immediately become the
Final RedDistricting Plan which shall be implemented by the City.
(5) If the City Council disapproves a Recommended DRedistricting 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 Charter Section 903(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 RedDistricting Plan in response to those reasons. After such
consideration, the Commission shall submit its Final RedDistricting Plan to the City Council for immediate
implementation by the City. Approval of such Final RedDistricting Plan shall require the affirmative vote of
five (5) Commission Members.
(I) Referendum or Legal Challenge to Final RedDistricting Plan.
(1) Any Final RedDistricting Plan approved under this Charter Section 903 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 an election on the referendum is held. If a referendum qualifies against any Final RedDistricting Plan
approved by a subsequent Commissionunder this Charter Section 903, the City shall continue to elect
Councilmembers by district elections as provided in Charter Section 3900 using the existing Council districts
until an election on the referendum is held. In either event, if the voters approve such a Final RedDistricting
Plan, the Council districts established in the Final RedDistricting Plan shall become effective as soon as
practicable. If the voters reject such a Final RedDistricting Plan, the Commission shall, as soon as practicable,
prepare and submit a new Recommended RedDistricting Plan for consideration and approval by the City
Council consistent with the process described in Subdivision G of thisCharter Section 903(G).
(2) If a court of competent jurisdiction invalidates a Final RedDistricting Plan, the Commission shall, as
soon as practicable, prepare and submit a new Recommended RedDistricting Plan for consideration and
approval by the City Council consistent with the process described in Subdivision Charter Section 903(G) of
this Section.
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(J) Dissolution of RedDistricting Commission. Each Commission established under this Charter Section 903
shall cease operations and dissolve on the ninety-first day following approval of a Final RedDistricting Plan,
unless a referendum against the Final RedDistricting Plan has qualified or a lawsuit has been filed to enjoin or
invalidate the Final DRedistricting Plan, in which case the Commission shall continue operations until a Final
RedDistricting Plan is implemented by the City. Notwithstanding the foregoing, if a lawsuit to enjoin or
invalidate a Final RedDistricting Plan is filed later than the ninety-first day following approval of a Final
RedDistricting Plan, the Commission shall automatically revive and continue operations during the pendency
of such lawsuit and until a Final RedDistricting Plan is implemented by the City.
Sec. 904.
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. The provisionsElected Officials subject to the terms and conditions of the
Elections CodeElections Code of the State of California, as the same now exists or may hereafter be amended
governing the initiative and referendum and of the recall of municipal officers, shall apply to the use thereof in
the City so far asto the extent such provisions of the Elections CodeElections Code are not in conflict with this
Charter.
Sec. 904. Sec. 905.
Regulations of Campaign Contributions.
It is the policy of the City to avoid the potential for undue or improper influence over elected officialsElected
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
CityMunicipal Code.
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.
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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
officerOfficer estimates of revenues and expenditures for the particulartheir 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 advisablethe City Manager deems appropriate.
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 be authorized then 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 on the City Council’s Proposed Budget.
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 and consider
all public testimony presented.
Sec. 1004.
Final 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,
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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. City Council action to approve the budget must be taken
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.
Sec. 1005.
Budget. Appropriations; Amendment.
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 Taxes.
Limits.
(A) 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.
(B) Procedures. To the extent permitted by the State Constitution, tThe procedure for the assessment, levy
and collection of taxes upon property, taxable for municipal purposes may be prescribed by ordinance of the
City Council.
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Sec. 1008.
Bonded Debt Limit.Limitations.
(A) Assessed Valuation Limits. 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.
(B) Voting Requirements. 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 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.
(C) Special Rules for Public Utilities and Industrial or Commercial Facilities. 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.
(D) Other Limitations. All other limitations, terms and procedures for the City’s issuance of debt shall be
governed by State law applicable to Charter cities and/or to the extent allowed by State law or City ordinance.
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;
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(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.
The ordinance may also provide for one or more exceptions to the approval and competitive bid processes
described in (A)a. through (C)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,Charter Section 1010(B), 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
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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.
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.
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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.
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
officersOfficers and employees who receive, handle or disburse public funds and all such other
officersOfficers, 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 directlypresented to a meeting
of the City Council. One detailed at a public meeting and a copy shall be submittedmade available to each City
Council member, one to the City Manager, Director of Finance and City Attorney, respectively, and three.
One additional copies tocopy shall be placed on file in the office of the City Clerk where theyit shall be
available for inspection by the general public.
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ARTICLE XI.
BOARD OF EDUCATION
(Deleted 11/5/85)
ARTICLE XII.
FRANCHISES
Sec. 1200. 1100.
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 other public places for the operation of plants, works, or equipment for
the furnishing thereofof such utilities or services, 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 sectionCharter Section 1100 or elsewhere in this article shall apply towhen the City, or
any department thereof, whenis itself furnishing any such utility or service.
Sec. 12011101.
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.
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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.
Sec. 12021102.
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. 12031103.
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
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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.
Sec. 12041104.
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. 12051105.
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) IndemnifyC) indemnify and hold harmless the City and its officersOfficers 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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Sec. 12061106.
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 XIIIXII.
MISCELLANEOUS
Sec. 1300. 1200.
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.
“Elected Official” means any person who holds an elective office of the City.
“Elections Code” means the Elections Code of the State of California.
“Municipal Code” means the Chula Vista Municipal Code.
“Officer” means a person who holds the position of City Manager, Assistant City Manager, Deputy City
Manager, City Clerk, City Attorney, or Department Head.
“Resident” means any person whose domicile, as that term is defined in the California Elections Code, is
within the City, unless otherwise provided by City ordinance.
(d) “State” is the State of California.
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Sec. 13011201.
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
Prosecutorprosecuting authority, 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. 13021202.
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. 1203.
City Clerk Authority to Make Minor Corrections.
The City Clerk shall be authorized to make minor amendments to the Charter to correct typographical errors or
to make other similar non-substantive corrections, subject to ratification by the City Council and approval as to
form by the City Attorney.
Sec. 1204.
Implementing Actions.
The City Council may enact additional rules or regulations, either by ordinance or resolution, as appropriate, in
order to implement some or all of the terms of this Charter, provided that any such rule or regulation shall be
consistent with the terms of this Charter.
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Sec. 1205.
Governing Law in the Event of Inconsistency.
To the extent of any inconsistency between State law and any provision of this Charter or of any provision of
any City ordinance, resolution, or administrative policy that implements or is consistent with this Charter
(“Local Law”), the provisions of Local Law shall govern. To the extent no Local Law exists, any State law
applicable to charter or general law cities shall govern.
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 8, 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.
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
704 4-10-62
4-11-72
805
705 806
706 808
707 4-9-68 809
800 900
4-9-68 802
1810
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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
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SECTION DATE AMENDED DATE ADDED DATE REPEALED PREVIOUS NUMBER
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
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.
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Latest amendments were approved by the electorate on 11/4/2014November 8, 2022.
Latest amendments were approved by the electorate on 11/4/2014.
Recommended by Charter Committee 1949. Approved by a special election, November 8, 1949, with a vote of
2068 YES to 1101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by
Senator Fred H. Kraft. Ratified by the Legislature of the State of California on December 15, 1949.
WE, THE PEOPLE OF THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DO ORDAIN AND
ESTABLISH THIS CHARTER AS THE ORGANIC LAW OF SAID CITY UNDER THE CONSTITUTION
OF SAID STATE.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends
using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.chulavistaca.gov
Code Publishing Company
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA 1) AMENDING RESOLUTION NO. 2022-150
CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 8, 2022; 2) ORDERING SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY A MEASURE TO
COMPREHENSIVELY AMEND THE CHARTER OF THE CITY
OF CHULA VISTA; 3) AUTHORIZING THE CITY COUNCIL’S
DESIGNEE TO SUBMIT BALLOT ARGUMENTS IN FAVOR
OF THE MEASURE; 4) DIRECTING THE CITY ATTORNEY,
WITH ASSISTANCE FROM THE CITY CLERK AS
APPROPRIATE, TO PREPARE AN IMPARTIAL ANALYSIS OF
THE MEASURE; AND 5) APPROPRIATING FUNDS
THEREFOR
WHEREAS, Resolution No. 2022-150 calling a Special Municipal Election to be held on
Tuesday, November 8, 2022 was adopted on July 12, 2022; and
WHEREAS, by adoption of Resolution No. 2022-150, the City requested that the County
of San Diego Board of Supervisors consolidate Chula Vista’s election with the statewide election
and permit the Registrar of Voters to perform certain services in conjunction with the City’s
election; and
WHEREAS, since 2021, the City Attorney’s office has been working with the Charter
Review Commission and with City departments whose activities are governed by the City Charter,
to identify areas of the Charter that may warrant modification; and
WHEREAS, the amendments were drafted in consultation with the City’s Finance
Department, Clerk’s Department, Human Resources Department, and City Manager’s
Department, among others; and
WHEREAS, the modifications address legal changes, codify standard practices, establish
formatting consistencies, reorganize sections, remove provisions that are no longer applicable, and
add headings and subheadings; and
WHEREAS, the changes are intended to better organize, clarify, and modernize the City’s
Charter; and
WHEREAS, all proposed changes are supported by the Charter Review Commission and
City staff, and presented to the City Council for its consideration; and
WHEREAS, the proposed changes were presented in draft form to the City Council on July
12, 2022; and
2022/07/26 City Council Post Agenda Page 270 of 297
WHEREAS, the proposed language in final form and all required ballot measure materials
were presented to the City Council at its July 26, 2022 meeting, the City Council considered such
items, and made changes it deemed necessary and appropriate.
NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED, AND
ORDERED by the City Council of the City of Chula Vista, that:
SECTION 1. That the City Council, pursuant to its right and authority, does hereby order
submitted to the qualified electors of the City at the special municipal election to be held on
November 8, 2022 the following proposition or measure relating to the amendment of the City
Charter:
Shall the City Charter be modified to conform with
current State laws and City administrative practices,
eliminate outdated provisions, clarify ambiguous terms,
add headings and definitions, reformat and reorganize,
and provide additional authority for City Council to act
at special meetings, suspend elected officials with
pending felony charges, allow mail ballot elections for
elected office vacancies and to align bonded debt limit
requirements with State provisions for general law
cities?
YES
NO
SECTION 2. Should the question be approved by the requisite vote, the measure attached
hereto as Exhibit A, and incorporated by this reference shall be enacted.
SECTION 3. The City Attorney, with assistance from the City Clerk as appropriate, shall
cause the preparation of an impartial analysis of the measure, which shall be due by August 19,
2022.
SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to
be voted on. Direct Arguments shall be due by August 18, 2022 in the City Clerk’s office, and the
10-day public review period for the arguments shall be August 19, 2022 to August 28, 2022.
SECTION 5. The City Council hereby acknowledges its authority, pursuant to California
Elections Code section 9282 and Chula Vista Municipal Code section 2.50.150, to submit a written
argument not to exceed 300 words in length and authorizes the City Council’s designee to submit
arguments in favor of the measure, on behalf of the City Council. Arguments must be submitted
to the City Clerk, and may be changed until and including the date fixed by the City Clerk, after
which no arguments for or against the measure may be submitted, withdrawn, or changed.
SECTION 6. Pursuant to a resolution previously adopted by the City Council allowing
rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code 9285.
Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be
2022/07/26 City Council Post Agenda Page 271 of 297
Resolution No.
Page 3
August 23, 2022 in the City Clerks’ office, and the 10-day public review period for the arguments
shall be August 24, 2022 to September 2, 2022.
SECTION 7. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 8. The City Clerk is hereby directed to forthwith file a certified copy of this
resolution with the Board of Supervisors and Registrar of Voters of the County of San Diego and
to issue instructions to the Registrar of Voters to take any and all necessary steps for the holding
of the elections, including instruction not to print the full text of the measure on the ballot, nor in
the voter information guide, and instead print instructions to obtain a copy of the measure, as
provided in Elections Code section 9280.
SECTION 9. The City Clerk shall certify the passage and adoption of this resolution and
file it with the City’s original resolutions.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriate
$195,000 from General Fund reserve to the City Clerk’s supplies and services expenditure
category to fund the costs of such measure.
Presented by Approved as to form by
Glen R. Googins Glen R. Googins
City Attorney City Attorney
2022/07/26 City Council Post Agenda Page 272 of 297
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA 1) AMENDING RESOLUTION NO. 2022-150
CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 8, 2022; 2) ORDERING SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY MEASURES TO
COMPREHENSIVELY AMEND THE CHARTER OF THE CITY
OF CHULA VISTA AND TO AMEND CHARTER SECTION 503
REGARDING CITY ATTORNEY QUALIFICATIONS; 3)
AUTHORIZING THE CITY COUNCIL’S DESIGNEE TO
SUBMIT BALLOT ARGUMENTS IN FAVOR OF THE
MEASURES; 4) DIRECTING THE CITY ATTORNEY, WITH
ASSISTANCE FROM THE CITY CLERK AS APPROPRIATE,
TO PREPARE AN IMPARTIAL ANALYSIS OF THE
MEASURES; AND 5) APPROPRIATING FUNDS THEREFOR
WHEREAS, Resolution No. 2022-150 calling a Special Municipal Election to be held on
Tuesday, November 8, 2022 was adopted on July 12, 2022; and
WHEREAS, by adoption of Resolution No. 2022-150, the City requested that the County
of San Diego Board of Supervisors consolidate Chula Vista’s election with the statewide election
and permit the Registrar of Voters to perform certain services in conjunction with the City’s
election; and
WHEREAS, since 2021, the City Attorney’s office has been working with the Charter
Review Commission and with City departments whose activities are governed by the City Charter,
to identify areas of the Charter that may warrant modification; and
WHEREAS, the amendments were drafted in consultation with the City’s Finance
Department, Clerk’s Department, Human Resources Department, and City Manager’s
Department, among others; and
WHEREAS, the modifications address legal changes, codify standard practices, establish
formatting consistencies, reorganize sections, remove provisions that are no longer applicable, and
add headings and subheadings; and
WHEREAS, the changes are intended to better organize, clarify, and modernize the City’s
Charter; and
WHEREAS, all proposed changes are supported by the Charter Review Commission and
City staff, and presented to the City Council for its consideration; and
WHEREAS, the proposed changes were presented in draft form to the City Council on July
12, 2022; and
2022/07/26 City Council Post Agenda Page 273 of 297
WHEREAS, the proposed language in final form and all required ballot measure materials
were presented to the City Council at its July 26, 2022 meeting, the City Council considered such
items, and made changes it deemed necessary and appropriate.
NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED, AND
ORDERED by the City Council of the City of Chula Vista, that:
SECTION 1. That the City Council, pursuant to its right and authority, does hereby order
submitted to the qualified electors of the City at the special mun icipal election to be held on
November 8, 2022 the following propositions or measures relating to the amendment of the City
Charter:
Shall the City Charter be modified to conform with
current State laws and City administrative practices,
eliminate outdated provisions, clarify ambiguous terms,
add headings and definitions, reformat and reorganize,
and provide additional authority for City Council to act
at special meetings, suspend elected officials with
pending felony charges, allow mail ballot elections for
elected office vacancies and to align bonded debt limit
requirements with State provisions for general law
cities?
YES
NO
Shall section 503 of the Charter of the City of Chula
Vista relating to the qualifications of the City Attorney
be modified to require the City Attorney to be a resident
of the City of Chula Vista and to have ten years of legal
experience instead of seven?
YES
NO
SECTION 2. Should the question be approved by the requisite vote, the measures attached
hereto as Exhibit A, and incorporated by this reference shall be enacted.
SECTION 3. The City Attorney, with assistance from the City Clerk as appropriate, shall
cause the preparation of an impartial analysis of the measures, which shall be due by August 19,
2022.
SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to
be voted on. Direct Arguments shall be due by August 18, 2022 in the City Clerk’s office, and the
10-day public review period for the arguments shall be August 19, 2022 to August 28, 2022.
SECTION 5. The City Council hereby acknowledges its authority, pursuant to California
Elections Code section 9282 and Chula Vista Municipal Code section 2.50.150, to submit written
arguments not to exceed 300 words in length and authorizes the City Council’s designee to submit
arguments in favor of the measure, on behalf of the City Council. Arguments must be submitted
2022/07/26 City Council Post Agenda Page 274 of 297
Resolution No.
Page 3
to the City Clerk, and may be changed until and including the date fixed b y the City Clerk, after
which no arguments for or against the measure may be submitted, withdrawn, or changed.
SECTION 6. Pursuant to a resolution previously adopted by the City Council allowing
rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code 9285.
Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be
August 23, 2022 in the City Clerks’ office, and the 10-day public review period for the arguments
shall be August 24, 2022 to September 2, 2022.
SECTION 7. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 8. The City Clerk is hereby directed to forthwith file a certified copy of this
resolution with the Board of Supervisors and Registrar of Voters of the County of San Diego and
to issue instructions to the Registrar of Voters to take any and all necessary steps for the holding
of the elections, including instruction not to print the full text of the measure on the ballot, nor in
the voter information guide, and instead print instructions to obtain a copy of the measure, as
provided in Elections Code section 9280.
SECTION 9. The City Clerk shall certify the passage and adoption of this resolution and
file it with the City’s original resolutions.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriate
$360,000 from General Fund reserve to the City Clerk’s supplies and services expenditure
category to fund the costs of such measure.
Presented by Approved as to form by
Glen R. Googins Glen R. Googins
City Attorney City Attorney
2022/07/26 City Council Post Agenda Page 275 of 297
Item #7.2 – O’Donnell
Received 7/26/2022
On Jul 23, 2022, at 11:23 AM, wrote:
Dear Sirs and Ma’ams, upon reviewing the subject amendments to be
discussed and voted upon at the 26 July 2022 council meeting I’ve
discovered what I believe to be an illegal attempt to defraud the citizens of Chula
Vista of their right to vote on changes to their charter. Specifically, our current
charter section 602 (d) requires all members of boards and commissions in the
city of Chula Vista to be qualified electors in the city of Chula Vista with the
exception of Youth Commissioners. The City Council may appoint non-electors of
the city to boards and commissions which are advisory only and whose duties
involve regional issues.
The revised proposed Charter amendments being presented to you have removed
the qualified elector requirement and substituted “must be residents” in lieu of
qualified elector.” This is a significant alteration of the eligibility requirement to
serve on city boards and commissions. Our current charter requires qualified
electors to serve on the Planning, Library of Trustees, Civil Service, Parks and
Recreation, etc. boards and commissions. This unannounced alteration to our
charter removes the requirement to be a legally registered voter of Chula Vista
and allows non legal residents to be appointed to our boards and commissions
supplanting legal voting residents. This proposed alteration (amendment) to our
charter requires a vote by our legal resident citizenry to take effect. The attempt
to slip this alteration into the charter without the approval of a majority of voting
citizens supporting the alteration is a clear violation of ethics and the rights of the
citizens of Chula Vista.
Respectfully,
Tom O’Donnell
Former member of the City of Chula Vista Charter Review Commission)
Warning:
External
Email
2022/07/26 City Council Post Agenda Page 276 of 297
Written Communications
Item 7.2 – Glanz
Received 7/26/2022
From: Todd G. Glanz <
Sent: Tuesday, July 26, 2022 3:38 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: Council members: Re. Agenda Item 7.2 7-26-22:
Please consider the proposal for ballot measures as ill-advised, at this time at least.
Though drafted and desired by the City Attorney, the proposals have not been fully vetted
with the due diligence required. For instance, amendments proposed regarding Legislative
Counsel, and the suspension of any Councilmember who is accused of wrongdoing though Not
convicted, have Not been actually discussed by the Charter Review Commission, Nor made available for
any public input whatsoever.
The materials about the past (not current members) City Council and Commission deliberations, were
not discussed or addressed at all by the Charter Review Commission, nor the public. The proposal to do
away with the option for Legislative Counsel is in effect a recission of the Charter that was fully
deliberated by the public, and Council, a few years ago. The fact, for instance, that that provision
mirrors that provided for California State Legislators, clearly was not presented to and in turn not known
or understood, by any City Commission, nor the public.
The proposed amendments will cost the City Citizens hundreds of thousands of dollars, to millions of
dollars, just to be placed on the ballot.
There will be a completely new council (4 out of 5 members), and City Attorney, in just over 3 months.
The proposed amendments should be considered by the council who will be taking over in a short while,
as well as the public, if not the Charter Review Commission.
Other proposals for an updated Charter that are desired by many citizens and constituents, but have not
been provided the time to even address, let alone delineate the facts and logic and air the different
viewpoints necessary for due diligence deliberation, include residency requirements addressing
carpetbagging, a ranked voting type of system, citizens districts like those that exist for the other cities
in the county, and more.
With all due respect, the rush to ballot is not necessary, and would be fiscally reckless as well.
Thank you, and I remain,
Sincerely,
Todd G. Glanz, Esq.
Warning:
External
Email
2022/07/26 City Council Post Agenda Page 277 of 297
Shall the measure modifying the City Charter to conform with current State laws and City
administrative practices, eliminate outdated provisions, clarify ambiguous terms, add headings
and definitions, reformat and reorganize, and provide additional authority for City Council to
act at special meetings, suspend elected officials with pending felony charges, allow mail ballot
elections for elected office vacancies and to align bonded debt limit requirements with State
provisions for general law cities be adopted?
2022/07/26 City Council Post Agenda Page 278 of 297
Shall the measure modifying section 503 of the Charter of the City of Chula Vista relating to the
qualifications of the City Attorney to require the City Attorney to be a resident of the City of
Chula Vista and to have ten years of legal experience instead of seven be adopted?
2022/07/26 City Council Post Agenda Page 279 of 297
Charter Update Proposal for Council Consideration
for Possible Placement on the
November 2022 Ballot
GLEN GOOGINS
City Attorney
July 26, 2022
JAMES SCOFIELD
Charter Review Comm. Chair
MEGAN MCCLURG
Deputy City Attorney
1
2022/07/26 City Council Post Agenda Page 280 of 297
Background
As previously described, the City Council established the CRC to advise and make recommendations to the City
Council and the City Manager on issues affecting the provisions of the City Charter (CVMC 2.29.020)
Over the past year, with input from many City departments, in particular the City Clerk and the City Attorney’s
office, the CRC has undertaken an extensive review of the entire Charter
The result of that group effort was a comprehensive Charter update proposal designed to conform with
current State laws and City administrative practices, eliminate outdated provisions, clarify ambiguous terms,
add headings and definitions, reformat and reorganize and, in general, make the Charter easier to understand
and use
On July 1, 2022 the CRC transmitted its draft proposal to Council for your preliminary review and
consideration. Both underline/strikeout and “clean” versions were provided to facilitate review
On July 12, 2022 the item was formally presented to Council and your initial feedback was solicited
On July 13, the CRC met at its regularly scheduled meeting, discussed Council’s feedback, and ultimately
confirmed its original recommendations.
Tonight, along with a read out of the CRC July 13th discussions, and some additional technical changes, the
proposed Charter update is again presented for Council consideration and possible action
2
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July 12, 2022 Council Comments
Councilmember Galvez requested that staff provide the CRC with all agenda materials and video related to the 2012
Charter amendment item that added section 503.1 titled “Legislative Council” to the City Charter
Staff provided all CRC members with the agenda materials and video from 2012 the next morning. Staff also made the CRC aware
that a previous CRC presented changes to the Legislative Council provisions to Council in 2016
The CRC determined that it remains comfortable with the proposed Legislative Council language, and the CRC recommends that
Council consider such amendment as drafted and presented
Councilmember McCann asked the CRC to consider maintaining the qualified elector requirement for board and
commission members who sit on decision making boards and commissions, mandating a certain period of City
residency when residency is required, and allowing the use of ranked choice voting at municipal elections.
Councilmember Galvez similarly expressed an interest in alternative forms of voting.
The CRC determined that the qualified elector versus residency requirement issue for board and commission members was fully
considered and discussed, and the CRC requests that the council consider such amendment as drafted and presented
The City Attorney’s office has advised CRC that residency duration mandates are legally problematic and can provide confirmation
of that advice if Council desires
The CRC agreed that alternative forms of voting, including ranked choice, is a worthy topic of future consideration, but would not
be feasible for the November 2022 ballot given the substantial amount of work required and limited time available
3
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Three Categories of Current Changes
Level 1
•Non-substantive; corrections; clarifications; elimination of redundancy; reorganization
Level 2:
•Minimally substantive; reflect changes in law, technology, and best practices; would not alter current City practices
or the general intent of existing Charter provisions
Level 3
•More substantive
•Most derived from previous Council referrals or otherwise recommended by CRC and presented to Council in 2020
4
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Level 1 Changes
Not substantive; corrections; clarifications; elimination of redundancy; reorganization
Reflected throughout the Charter
Examples:
•moving and consolidating Article III elections provisions to Article IX entitled “Elections”
•deleting outdated provisions regarding the creation of and transition to council districts
•deleting previously repealed Charter Sections and renumbering accordingly
•replacing gender specific references
•adding subheadings to sections with substantial text to make more readable/accessible
•adding key defined terms
5
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Level 2 Changes
Minimally substantive; reflect changes in law, technology, and best practices; would not substantially
alter current City practices or the general intent of existing Charter provisions
Examples:
•makes Council-City Manager form of government explicit [Section 205]
•specifies what it means to run again (submit nomination papers) in the context of a previously termed -out candidate
[Section 300(E)
•Allows any action taken at a “regular” meeting to also be taken at a “special” meeting [Section 308]
•allows City to publish legal notices as permitted by law (instead of always in a newspaper) [Section 313]
•section regarding “illegal contracts” references extensive state law in this area [Section 509]
•requires Council ratification of temporary department head appointments that exceed one year in duration; temporary
appointments for Classified Service positions now allowed for one year [Section 704]
•changes the nomenclature for City elections to align with terms used state-wide [throughout]
•deletes obsolete Capital Outlays and Department Trust Funds [Old Sections 1013 and 1014]
•makes violations of the Charter punishable as infractions or misdemeanors instead of just $50 infractions
Note: Proposed changes to Civil Service rules, although not substantive, are nonetheless subject to
“meet and confer obligations with bargaining groups [Section 606 and Article VII]
6
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Level 3 Changes
1.Board & Commission Membership Requirement
•Referral from previous Council to Commission
•Changes from qualified elector requirement to residency requirement for most boards and commissions
2.Suspension of Elected Officials with Felony Charges Pending
•Recommended by previous CRC in 2020
•Updated to clarify no salary during period of suspension, but maintain health benefits and includes back pay
provision
3.City Attorney Residency and Experience Requirements
•Residency requirement recommended by previous CRC in 2020
•Increased experience requirement from seven years practicing law to ten years
7
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Level 3 Changes (cont.)
4.Converts Legislative Council Provisions to Conflict Council Provisions
•Drafted by the City Attorney
•Maintains an alternative legal advisor to Council when the City Attorney has a conflict of interest but limits to
situations where conflict actually exists
5.Mail in Ballot System for Special Elections
•Suggested for consideration by the City Clerk’s Office and recommended by previous CRC in 2020
•Allows use of an all-mail ballot option to fill Council vacancies at special elections
8
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Summary of Changes since July 1 draft
Consistency between sections with regard to when a vacancy occurs for elected officials and board
and commission members [sections 303(A), 503(H), and 602(C)]
Clarification requested by Mid-Managers/Professional Bargaining Unit with respect to the temporary
appointment of department heads [section 704(A)]
Clarification of the relationship between state law and local law enactments [section 1205]
Other minor clean ups and corrections
All changes made since the original draft was sent to you are highlighted in yellow in the
track/changes version of the proposed amended Charter attached to this agenda item
As recently as this morning, additional needed corrections have been identified, none of which is
substantive.
An additional correction is required to the ballot measure language to conform with state law
requirements regarding the particular wording of the question
9
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Value and Costs of Moving Forward
Charter Project Purpose/Value:
•Make the Charter easier for constituents, staff, and all to read, understand, and implement
•Enhance/clarify City’s “home-rule” authority
•Reduce costs (eliminate of newspaper publication requirements; mail ballot alternative for special elections)
•Reduction in staff time in analyzing and interpreting Charter provisions
Costs
•One comprehensive measure, with link to draft on City’s website: $195,000
•Full charter language presented (a) within the general sample ballot -$450,000; or (b) in a separate supplemental
booklet -$625,000. Note that option (a) or (b) would be determined by the Registrar of Voters, depending on the
available space in the general sample ballot.
•Any additional, shorter measures (6 pages or less): $165,000
10
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Ballot Considerations
Option for One or More Measures
Level 1 and 2 changes may be combined into a single, comprehensive ballot measure [recommended by CRC]
Some or all Level 3 changes could be combined into the Level 1 and Level 2 comprehensive measure
[supported by CRC]; and/or
One or more Level 3 changes could be presented as separate ballot measures [in Council discretion]
Form of the ballot question must comply with State law requirements
Limit of 75 words
Must enumerate “new” city powers
Option to direct the City Clerk to prepare the “impartial analysis” of proposals affecting the
“organization or salaries” of the City Attorney’s office
Ability to authorize a designee member to submit arguments in favor of the measure(s) [CVMC
2.50.150], and function of CRC to prepare and submit proposed ballot arguments in favor of proposed
Charter changes [CVMC 2.29.030]
11
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Other Considerations
Since 2000, there have been 13 charter amendments presented to voters at the ballot; 11 have passed and 2
have failed to obtain voter approval
The last “comprehensive” update of the City Charter occurred in 1978
Because an appropriation is involved, a four-fifths vote of the City Council will be necessary to place the item on
the November 2022 ballot
November 2014 (public works contracting, fill council vacancies with 12-25 months remaining)
November 2012 (creation of council districts and mandatory runoff elections)
June 2012 (limit authority and compensation of City Attorney, establish term limits, and authorize office of Legislative Coun cil)
November 2008 (make City Attorney an elected position)
November 2006 (2 items: provide for one year wait out period before seeking re -election, council vacancy election vs. appointment)
June 2006 (limit ability to use eminent domain to address economic blighting conditions)
November 2000 (3 items: allow appointment of non -electors to certain advisory boards, remove term limits for mayor and council, change term limits to
three consecutive terms and wait out period to three years)
March 2000 (2 items: amend Mayor’s salary, allow option of design -build projects)
12
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Next Steps
Tonight:
•Council take such action as it deems appropriate to proceed, or not, with November 2022 ballot measure(s)
•Provide direction in regard to preparation of an Impartial Analysis and Arguments in Favor of any measure(s)
•Schedule an item for the August 9th City Council meeting, if necessary
Prior to August 12th:
•Complete any required meet and confer process
•City Clerk to forward all necessary documents to the County Registrar
13
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Questions?
Staff and the CRC Chair are available for questions.
14
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Draft Single Ballot Measure Example
“Shall the measure modifying the City Charter to conform with current State laws and City
administrative practices, eliminate outdated provisions, clarify ambiguous terms, add headings
and definitions, reformat and reorganize, and provide additional authority for City Council to act
at special meetings, suspend elected officials with pending felony charges, allow mail ballot
elections for elected office vacancies and to align bonded debt limit requirements with State
provisions for general law cities be adopted?”
15
2022/07/26 City Council Post Agenda Page 294 of 297
Draft Additional Ballot Measure Example
“Shall the measure modifying section 503 of the Charter of the City of Chula Vista relating to the
qualifications of the City Attorney to require the City Attorney to be a resident of the City of
Chula Vista and to have ten years of legal experience instead of seven be adopted?”
16
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CHULA VISTA, CA
Technology
& Privacy
Community
Input
Meetings
2022/07/26 City Council Post Agenda Page 296 of 297
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