HomeMy WebLinkAbout2022/08/09 Post Meeting Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, August 9, 2022, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Teleconferencing Location: 155 Walnut Dr., Chula Vista, CA 91911
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.
•
Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the
comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted
until the conclusion of public comments for the item and are viewable online upon submittal. If you
have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov.
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HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to
Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's
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.
PROCLAMATIONS are issued by the City to honor significant achievements by community members,
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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.Oath of Office
Appaswamy "Vino" Pajanor - Human Relations Commission
4.2.Presentation of a Proclamation Proclaiming August 9, 2022 as Emo Brown
Foundation Day in the City of Chula Vista
4.3.Presentation by Emergency Operations Manager Marlon King Regarding the
Monkeypox Local Health Emergency
11
5.CONSENT CALENDAR (Items 5.1 through 5.9)
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 actions on the below consent calendar items, headings
read, text waived. The motion carried by the following vote:
5.1.Approval of Meeting Minutes 21
RECOMMENDED ACTION:
Approve the minutes dated: December 7, 2021(Special), December 7, 2021
(Regular), and December 14, 2021.
5.2.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.
5.3.Consideration of Request for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
5.4.Contract Award and Appropriation: Award a Public Works Contract to Eagle
Paving Company Inc. for the “RMRA Major Pavement Rehabilitation Fiscal Year
2020/21 (STM0401)” Project and Appropriate Funds for that Purpose
56
Report Number: 22-0187
Location: No specific geographic location
Department: Engineering and Capital Projects
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
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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 awarding a public works contract to Eagle Paving Company
Inc. for the “RMRA Major Pavement Rehabilitation Fiscal Year 2020/21
(STM0401)” project in the amount of $4,646,000 and appropriating funds to cover
the projected costs of the construction phase of the project. (4/5 Vote Required)
5.5.Agreement Amendment: Approve an Amendment to the Agreement with
Kleinfelder Construction Services, Inc. for On-Call CIP Construction Management
Consulting Services to Increase the Maximum Compensation Amount During the
Third Option Term
63
Report Number: 22-0201
Location: No specific geographic location
Department: Engineering and Capital Projects
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 15309 Class 9 (Inspections), and Section
15061(b)(3).
RECOMMENDED ACTION:
Adopt a resolution approving an amendment to the Consultant Services
Agreement with Kleinfelder Construction Services, Inc. for On-Call CIP
Construction Management Consulting Services to increase the maximum
compensation during the third option term from $1,000,000 to $2,000,000.
5.6.Ambulance Maintenance: Waive the Competitive Bid Process and Approve the
Use of BIT Pros Inc. as an Authorized Repair Shop for City Ambulances
94
Report Number: 22-0194
Location: No specific geographic location
Department: Fire
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:
Approve a resolution waiving the competitive bid process and approving the use
of BIT Pros Inc. as an authorized repair shop for City ambulances through June
30, 2027.
ITEM CONTINUED TO ANOTHER MEETING
5.7.Agreement: Waive Competitive Bid Requirements and Approve an Agreement
with Hyder & Company for Property Management Services
100
Report Number: 22-0199
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Location: No specific geographic location
Department: Development Services
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines;
therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
RECOMMENDED ACTION:
Adopt a resolution: (1) waiving competitive bidding requirements; (2) approving
an agreement with Hyder & Company for property management services; and (3)
authorizing the City Manager or designee to enter into the initial agreement for
$12,600, and optional extensions, for a maximum contract period of five years
and a not-to-exceed amount of $66,897.
ITEM REMOVED FROM THE CONSENT CALENDAR
5.8.Agreement and Appropriations: Approve an Agreement with Ace Parking for
Parking Management and Enforcement in the Downtown Parking District and
Maintenance Services for the Towne Center Parking Structure and Appropriate
Funds For That Purpose
128
Report Number: 22-0222
Location: Downtown Parking District & Towne Center Parking Structure
Department: Finance
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. 2022-184, heading read, text waived. The motion carried
by the following vote:
5.9.Agreement Amendment: Approve the First Amendment to the Agreement with
Granicus for Short-Term Rental Consulting Services
155
Report Number: 22-0223
Location: No specific geographic location
Department: Finance
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 approving the first amendment to an agreement with Granicus
for short-term rental consulting services for an additional two years resulting in a
5-year term and not-to-exceed amount of $130,000.
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6.PUBLIC COMMENTS
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 Compensation and Positions: Approve Amended Classification Plan;
Position Counts in Departments; Amended City Manager Employment
Agreement; Salary Adjustments for Certain Positions; Revised Compensation
Schedule; and Budget Amendments
165
Report Number: 22-0228
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 Nos. 2022-186 through 2022-189, the headings below were
read, text waived. The motion carried by the following vote:
*7.2.Proposed Charter Update: Consider Final Approval of a Comprehensive Charter
Update Measure for Placement on the November 2022 Ballot
248
Report Number: 22-0238
Location: No specific geographic location
Department: City Attorney
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:
To adopt Resolution No. 2022-190, heading read, text waived. The motion carried
by the following vote:
8.CITY MANAGER’S REPORTS
*8.1.Discussion Regarding the Overdose Detection Mapping Application Program
(ODMAP)
9.MAYOR’S REPORTS
9.1.Consideration of Appointment of a Voting Delegate and Alternates for the 2022
League of California Cities Annual Conference to be Held in Long Beach,
September 7 - 9
523
RECOMMENDED ACTION:
To nominate Mayor Casillas Salas as the Voting Delegate at the 2022 League of
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California Cities Annual Conference.
9.2.Ratification of Appointment of Salvatore Denaro to the Christopher Columbus
Statue and Discovery Park Task Force
527
RECOMMENDED ACTION:
To ratify the above appointment of Salvatore Denaro to the Christopher
Columbus Statue and Discovery Park Task Force. The motion was carried by the
following vote:
9.3.Boards and Commissions: Consideration of Annual Reappointments 528
REAPPOINTMENTS TO FIRST TERMS (Initial term less than two
years)
A.
Tim Aufmuth, Commission on Aging•
Kate Bishop, Cultural Arts Commission•
Daniel Zavala, Cultural Arts Commission•
REAPPOINTMENTS TO SECOND TERMSB.
David Iuli, Board of Appeals and Advisors•
Anthony Sclafani, Board of Appeals and Advisors•
Carmen Torres, Board of Ethics•
Roselle Ellison, Board of Library Trustees•
Jasmine Rubel, Board of Library Trustees•
Rachel McDonald-Hernandez, Charter Review Commission•
James Scofield, Charter Review Commission•
Sophia Gray, Cultural Arts Commission•
Lee Kohse, Cultural Arts Commission•
Taylor Ward, Cultural Arts Commission•
Petrina Branch, Human Relations Commission•
Nadia Kean-Ayub, Human Relations Commission•
Ricardo Medina, Human Relations Commission•
Curtis Moore, International Friendship Commission•
Manolo Guillen, Measure A Citizens’ Oversight Committee•
David Stucky, Measure A Citizens’ Oversight Committee•
John Volland, Measure A Citizens’ Oversight Committee•
Paula Whitsell, Mobilehome Rent Review Commission•
Nicole Enriquez, Parks and Recreation Commission•
Jon Milburn, Planning Commission•
Pedro Orso-Delgado, Safety Commission•
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Report Number: 22-0220
Location: No specific geographic location
Department: City Clerk
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:
REAPPOINTMENTS TO FIRST TERMS (Initial term less than two
years)
A.
Tim Aufmuth, Commission on Aging•
Kate Bishop, Cultural Arts Commission•
Daniel Zavala, Cultural Arts Commission•
RECOMMENDED ACTION:
REAPPOINTMENTS TO SECOND TERMSA.
David Iuli, Board of Appeals and Advisors•
Anthony Sclafani, Board of Appeals and Advisors•
Carmen Torres, Board of Ethics•
Roselle Ellison, Board of Library Trustees•
Jasmine Rubel, Board of Library Trustees•
Rachel McDonald-Hernandez, Charter Review Commission•
James Scofield, Charter Review Commission•
Sophia Gray, Cultural Arts Commission•
Lee Kohse, Cultural Arts Commission•
Taylor Ward, Cultural Arts Commission•
Petrina Branch, Human Relations Commission•
Nadia Kean-Ayub, Human Relations Commission•
Ricardo Medina, Human Relations Commission•
Curtis Moore, International Friendship Commission•
Manolo Guillen, Measure A Citizens’ Oversight Committee•
David Stucky, Measure A Citizens’ Oversight Committee•
John Volland, Measure A Citizens’ Oversight Committee•
Paula Whitsell, Mobilehome Rent Review Commission•
Nicole Enriquez, Parks and Recreation Commission•
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Jon Milburn, Planning Commission•
Pedro Orso-Delgado, Safety Commission•
10.COUNCILMEMBERS’ COMMENTS
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.Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of Case: Rosa Winkler v City of Chula Vista, et al., San Diego Superior
Court, Case No. 37-2020-00023719-CU-PA-CTL
12.2.Public Employee Performance Evaluation Pursuant to Government Code
Section 54957
Title: City Manager
13.ADJOURNMENT
to the regular City Council meeting on August 23, 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.
NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP(S):
In accordance with California Government Code Section 66458(d), notice is hereby given
that the City Engineer has reviewed and, immediately following this City Council of
August 9, 2022, will approve the following final map(s):
City of Chula Vista Tract No. 19-03, Otay Ranch Village 8 West, Planning Area “V” –
PRJ21003
Specifically, the City Engineer has caused the map(s) to be examined and has made the
following findings:
(1) The map(s) substantially conform(s) to the approved tentative map(s), and any
approved alterations thereof and any conditions of approval imposed with said tentative
map(s).
(2) The map(s) comply(ies) with the provisions of the Subdivision Map Act and any local
ordinances applicable at the time of approval of the tentative map(s).
(3) The map is technically correct.
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Said map will be finalized and recorded, unless an interested party files a valid appeal of
the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from
the date of this City Council meeting. A valid appeal must identify the improper/incorrect
finding and the basis for such conclusion.
If you have questions about the map approval findings or need additional information
about the map or your appeal rights, please feel free to contact Boushra Salem, Principal
Civil Engineer at (619) 409-5483, or at bsalem@chulavistaca.gov.
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Monkeypox Briefing
August 9, 2022
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Situation
Monkeypox Outbreak:
Monkeypox have been reported globally, nationwide,
statewide, and locally
Confirmed outbreak of a communicable disease
Declaration of a Local Health Emergency
State and local emergency declarations
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Situation Details
Date Outbreak Confirmed As of data reported 8/9/22, monkeypox
confirmed/probable cases include:
•Globally –31,800 cases
•Nationally –9,492 cases
•First case, May 17, 2022
•Statewide –1,310 cases
•First case, May 27, 2022
•Locally –98 cases
•First case in San Diego County announced
June 15, 2022
Number of individuals associated with outbreak?In San Diego County, there are 98 confirmed/probable
cases of monkeypox.
Does this outbreak affect more than one jurisdiction? Yes, this outbreak affects multiple jurisdictions in San
Diego County.
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Background
Monkeypox is a rare disease
caused by infection with the
monkeypox virus.
Monkeypox symptoms are
similar to smallpox
symptoms but are milder
and rarely fatal.
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Assessment
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Monkeypox Presentation
Photos courtesy of VisualDXPhotos courtesy of NHS England High Consequence Infectious Disease Network
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Monkeypox Response Efforts
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Monkeypox Vaccination
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Prevent Spread of Monkeypox
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Chula Vista Response
Coordinating with County Public Health
Open lines of communication with the Public Health
Officer
Receive and implement recommendations from
County officials
Provided education to first responders
Target Solutions training material and videos provided
to staff for increased awareness, prevention, and
protection
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1
SPECIAL MEETING OF THE CITY COUNCIL
Meeting Minutes
December 7, 2021, 4:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, Mayor Casillas Salas
Excused: Deputy Mayor McCann
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk
Bigelow, Assistant City Clerk Turner
The City Council minutes are prepared and ordered to correspond to the City Council
Agenda. Agenda items may be taken out of order during the meeting.
The agenda items were considered in the order presented.
_____________________________________________________________________
1. CALL TO ORDER
A special meeting of the City Council of the City of Chula Vista was called to
order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346 -03, Official
Minutes and records of action taken during Closed Sessions are maintained by
the City Attorney.
2022/08/09 City Council Post Agenda Page 21 of 535
2
City Attorney Googins announced, no reportable action on Item 3.1 and that Item
3.2 would be trailed to the meeting of December 14, 2021.
Mayor Casillas Salas recessed the meeting at 4:00 p.m. The Council convened
in Closed Session at 4:01 p.m., with all members present, except McCann.
3.1 Conference with Labor Negotiators Pursuant to Government Code
Section 54957.6
The following members of the public submitted written documentation
regarding the item:
Jose Gomez
Stan Donn
Eddie Flores
Coleen Wisniewski
Mark Caro
Victor De La Cruz
Connie Fife
Agency designated representatives: Maria Kachadoorian, Glen Googins,
Courtney Chase, Kelley Bacon, Simon Silva, Sarah Schoen , Tanya
Tomlinson and Steve Berliner
Employee organizations: IAFF, MM/PR, NS-IAFF and WCE
ACTION: No reportable action
3.2 Conference with Legal Counsel Regarding Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: In Re National Prescription Opiate Litigation; United States
District Court, Southern District of Ohio; Case No. 17-md-2804
ACTION: Not discussed
4. ADJOURNMENT
The meeting was adjourned at 5:15 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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1
REGULAR MEETING OF THE CITY COUNCIL
Meeting Minutes
December 7, 2021, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, Mayor Casillas Salas
Excused: Deputy Mayor McCann
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk
Bigelow, Assistant City Clerk Turner
The City Council minutes are prepared and ordered to correspond to the City Council
Agenda. Agenda items may be taken out of order during the meeting.
The agenda items were considered in the order presented.
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to
order at 5:23 p.m. in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Cardenas led the Pledge of Allegiance.
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2
Mayor Casillas Salas held a moment of silence honoring the victims of Pearl
Harbor.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation to Chula Vista Fire Department
Deputy Chief Chris Scott on 38 Years of Service to the City of Chula
Vista
Mayor Casillas Salas read the proclamation and Councilmember Galvez
presented it to Deputy Chief Scott.
4.2 Report and Presentation on the Results of Beautify Chula Vista 2021
by Recycling Specialist Victor Sanchez
Recycling Specialist Sanchez gave a presentation on the item.
5. CONSENT CALENDAR (Items 5.1 through 5.13)
City Attorney Googins announced that a revised resolution and staff report for
Item 5.8 had been distributed to the Council, and that action on the item would be
with respect to the revised document.
Moved by Councilmember Galvez
Seconded by Councilmember Cardenas
To approve the recommended actions appearing below consent calendar Items
5.1 through 5.13. The headings below were read, text waived. The motion
carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Galvez, Councilmember
Padilla, and Mayor Casillas Salas
Result, Carried (4 to 0)
5.1 Approval of Meeting Minutes
Approve the minutes dated May 25, 2021.
5.2 Waive Reading of Text of Resolutions and Ordinances
Approve a motion to read only the title and waive the reading of the text of
all resolutions and ordinances at this meeting.
5.3 Consideration of Request for Excused Absences
No request were received at that meeting.
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3
5.4 Funding Application: Authorize Submittal of Applications to
CalRecycle's Recycling Payment Program
Adopt a resolution authorizing submittal of applications to receive funding
from CalRecycle’s Recycling Payment Program.
RESOLUTION NO. 2021-214 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR
CALRECYCLE'S BEVERAGE CONTAINER RECYCLING PAYMENT
PROGRAM AND RELATED AUTHORIZATIONS FOR UP TO FIVE
YEARS
5.5 Right-of-Way Designation: Designating and Setting Aside Certain
City-Owned Real Property Known as Shinohara Lane as Right-of-
Way for Public Streets and Public Utility Purposes
Adopt a resolution designating and setting aside certain city-owned real
property known as Shinohara Lane as right-of-way for public streets and
public utility purposes.
RESOLUTION NO. 2021-215 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY-
OWNED REAL PROPERTY KNOWN AS SHINOHARA LANE AS RIGHT -
OF-WAY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES
5.6 Memorandum of Understanding: MOU Between the City of Chula
Vista, City of San Diego and Tri Pointe Homes Regarding Processing
Expectations Related to Entitlement Review and Future Annexation
for the Nakano Project
Adopt a resolution authorizing a Memorandum of Understanding for the
development and future annexation of the Nakano Property.
RESOLUTION NO. 2021-216 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXECUTION OF A MEMORANDUM
OF UNDERSTANDING WITH THE CITY OF SAN DIEGO, CITY OF
CHULA VISTA, AND TRI POINTE HOMES REGARDING THE
DEVELOPMENT AND FUTURE ANNEXATION OF THE NAKANO
PROPERTY
5.7 Summary Vacation of Irrevocable Offer of Dedication: Consider
Ordering the Summary Vacation of an Irrevocable Offer of Dedication
for Open Space and other Public Purposes in the Area of Otay Ranch
Village 3 North
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4
Adopt a resolution ordering the Summary Vacation of an Irrevocable Offer
of Dedication for Open Space and other public purposes of Lots “D” and
“E” per Final Map 16160, Chula Vista Tract No. 16-02, Otay Ranch Village
3 North.
RESOLUTION NO. 2021-217 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF AN
IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE AND
OTHER PUBLIC PURPOSES OF LOTS “D” AND “E” PER FINAL MAP
16160, CHULA VISTA TRACT NO. 16-02, OTAY RANCH VILLAGE 3
NORTH
5.8 Grant Application Approval: Approve Applications for Per Capita
Funds for Park Improvements
Adopt a resolution approving the submission of grant applications for Per
Capita Grant Funding and authorizing execution of grant agreements for
improvements at Rancho Del Rey Park and Rohr Park.
RESOLUTION NO. 2021-218 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMISSION OF GRANT
APPLICATIONS, AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO EXECUTE GRANT AGREEMENTS FOR PER CAPITA GRANT
FUNDS, AND AUTHORIZING AN APPROPRIATION THEREFOR
5.9 Grant Acceptance and Appropriation: Accept Hazard Mitigation
Grant Funding through the Federal Emergency Management Agency
for the Chula Vista Wildland Urban Interface Vegetation Management
Mitigation Project
Adopt a resolution accepting $2,377,205 in Hazard Mitigation Grant
funding through the Federal Emergency Management Agency,
designating the City’s agents, amending the Fiscal Year 2021/22 CIP
Program Budget by establishing a new CIP Project, and appropriating
funds for that purpose.
RESOLUTION NO. 2021-219 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT FUNDS UNDER THE HAZARD
MITIGATION GRANT PROGRAM THROUGH THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR THE CHULA VISTA
WILDLAND URBAN INTERFACE VEGETATION MANAGEMENT
MITIGATION PROJECT, AMENDING THE FISCAL YEAR 2021/22 CIP
PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT,
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“CHULA VISTA WILDLAND URBAN INTERFACE VEGETATION
MANAGEMENT” AND APPROPRIATING FUNDS THEREFOR
5.10 Contract Award: Approve the Contracts for City-Initiated Tow and
Impound Services, and Amendments to the Tow and Storage Rate
Schedule and Tow License Fee
Rodney L. Solenberger, submitted written communications in support of
the item.
Adopt resolution A) approving a contractor services agreement to provide
vehicle tow and impound services for city-initiated tows between the city
and A to Z Enterprises, Inc. dba Roadone, and authorizing up to four
additional one-year extensions; B) approving a contractor services
agreement to provide vehicle tow and impound services for city-initiated
tows between the city and Alexandra Services, Inc., dba Angelo's Towing
& Recovery, and authorizing up to four additional one -year extensions; C)
approving a contractor services agreement to provide vehicle tow and
impound services for city-initiated tows between the city and Amber Lynn,
Inc., dba ASAP Towing, and authorizing up to four additional one -year
extensions; D) approving a contractor services agreement to p rovide
vehicle tow and impound services for city-initiated tows between the city
and American Towing & Auto Dismantling, Inc., dba American Towing,
and authorizing up to four additional one-year extensions; E) approving a
contractor services agreement to provide vehicle tow and impound
services for city-initiated tows between the city and Angie's Towing, Inc.,
dba Quality Towing and Recovery, and authorizing up to four additional
one-year extensions; F) approving a contractor services agreement to
provide vehicle tow and impound services for city initiated tows between
the city and Cortes Towing Enterprises, Inc., dba Cortes Towing, and
authorizing up to four additional one -year extensions; G) approving a
contractor services agreement to provide vehicle tow and impound
services for city initiated tows between the city and Tony's Auto Center,
Inc. dba Tony's Auto Center, and authorizing up to four additional one -
year extensions; and H) amending the city-initiated tow and storage rate
schedule and the tow license fee.
A) RESOLUTION NO. 2021-220 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACTOR SERVICES
AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES
FOR CITY-INITIATED TOWS BETWEEN THE CITY AND A TO Z
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ENTERPRISES, INC., DOING BUSINESS AS ROADONE,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND
AUTHORIZING THE CITY MANAGER OR DIRECTOR OF
FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL
ONE-YEAR EXTENSIONS
B) RESOLUTION NO. 2021-221 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACTOR SERVICES
AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES
FOR CITY-INITIATED TOWS BETWEEN THE CITY AND ALEXANDRA
SERVICES, INC., DOING BUSINESS AS ANGELO’S TOWING &
RECOVERY, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF
FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL
ONE-YEAR EXTENSIONS
C) RESOLUTION NO. 2021-222 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACTOR SERVICES
AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES
FOR CITY-INITIATED TOWS BETWEEN THE CITY AND AMBER LYNN,
INC., DOING BUSINESS AS ASAP TOWING, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAME, AND AUTHORIZING THE CITY
MANAGER OR DIRECTOR OF FINANCE/TREASURER TO APPROVE
UP TO FOUR ADDITIONAL ONE-YEAR EXTENSIONS
D) RESOLUTION NO. 2021-223 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACTOR SERVICES
AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES
FOR CITY-INITIATED TOWS BETWEEN THE CITY AND AMERICAN
TOWING & AUTO DISMANTLING, INC., DOING BUSINESS AS
AMERICAN TOWING, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAME, AND AUTHORIZING THE CITY MANAGER OR
DIRECTOR OF FINANCE/TREASURER TO APPROVE UP TO FOUR
ADDITIONAL ONE-YEAR EXTENSIONS
E) RESOLUTION NO. 2021-224 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACTOR SERVICES
AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES
FOR CITY-INITIATED TOWS BETWEEN THE CITY AND ANGIE’S
TOWING, INC., DOING BUSINESS AS QUALITY TOWING AND
RECOVERY, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF
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FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL
ONE-YEAR EXTENSIONS
F) RESOLUTION NO. 2021-225 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACTOR SERVICES
AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES
FOR CITY-INITIATED TOWS BETWEEN THE CITY AND CORTES
TOWING ENTERPRISES, INC., DOING BUSINESS AS CORTES
TOWING, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SAME, AND AUTHORIZING THE CITY MANAGER OR DIRECTOR OF
FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL
ONE-YEAR EXTENSIONS
G) RESOLUTION NO. 2021-226 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACTOR SERVICES
AGREEMENT TO PROVIDE VEHICLE TOW AND IMPOUND SERVICES
FOR CITY-INITIATED TOWS BETWEEN THE CITY AND TONY’S AUTO
CENTER, INC., DOING BUSINESS AS TONY’S AUTO CENTER,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND
AUTHORIZING THE CITY MANAGER OR DIRECTOR OF
FINANCE/TREASURER TO APPROVE UP TO FOUR ADDITIONAL
ONE-YEAR EXTENSIONS
H) RESOLUTION NO. 2021-227 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND
STORAGE RATE SCHEDULE AND THE TOW LICENSE FEE
5.11 Approve Agreement: American Rescue Plan Act (ARPA) Spending
Plan Amendment and Subrecipient Agreement with Alpha Project
Adopt a resolution (1) amending the American Rescue Plan Act Spending
Plan, (2) waiving competitive bidding requirements and approving a
subrecipient 2-party agreement with Alpha Project, and (3) reallocating
funds for that purpose.
RESOLUTION NO. 2021-228 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE AMERICAN RESCUE PLAN ACT
SPENDING PLAN; WAIVING COMPETITIVE BIDDING REQUIREMENTS
AND APPROVING AN AGREEMENT WITH THE ALPHA PROJECT; AND
REALLOCATING FUNDS THEREFOR
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5.12 Purchase Award: Accept Proposal from Forensic Technology Inc.
for Forensic Ballistics and Firearms Identification Technology
Adopt a resolution waiving the competitive bidding requirements and
accepting a proposal from Forensic Technology Inc. fo r Integrated
Ballistics Identification System (IBIS).
RESOLUTION NO. 2021-229 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BIDDING
REQUIREMENTS AND ACCEPTING A PROPOSAL FROM FORENSIC
TECHNOLOGY INC. FOR THE INTEGRATED BALLISTICS
IDENTIFICATION SYSTEM
5.13 City Board, Commission, and Committee Terms: Accept the Local
Appointments List of Terms Expiring in 2022
Adopt a resolution accepting the 2022 Local Appointments List for board,
commission, and committee terms expiring in calendar year 2022.
RESOLUTION NO. 2021-230 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE 2022 LOCAL APPOINTMENTS LIST
FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN
CALENDAR YEAR 2022
6. PUBLIC COMMENTS
6.1 Public Comments Received for 12/7/2021
Rudy Ramirez, Chula Vista resident, spoke regarding Acadia Psychiatric
Hospital.
Cathy Lawless, Chula Vista resident, spoke in opposition to accessory
dwelling units.
The following representatives of SEIU spoke regarding Chula Vista Mid
Managers Professional Association MM/PR negotiations:
Frank Rivera
Sylvia Cosio
Mike Jensen
Cheryl Goodard
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The following members of the public submitted written documentation
regarding Mid Managers Professional Association MM/PR negotiations.
Connie Huynh Fife
Francisco X. Rivera
7. PUBLIC HEARINGS
7.1 Redistricting: Consideration of the Redistricting Commission’s
Recommended Redistricting Plan and Action to Approve as the
City’s Final Redistricting Plan or Disapprove the Plan and Refer Back
to the Redistricting Commission for Final Action
Notice of the hearing was given in accordance with legal requirements,
and the hearing was held on the date and no earlier than the specified in
the notice.
2020 Redistricting Commission Chair Hurtado and Dr. Justin Levitt,
representing National Demographics Corporation, gave a presentation on
the item and responded to questions of the Council.
Mayor Casillas Salas opened the public hearing.
Pamela Buchan submitted written correspondence in opposition to the
Commission's recommendation.
There being no members of the public who wished to speak, Mayor
Casillas Salas closed the public hearing.
Moved by Councilmember Galvez
Seconded by Councilmember Cardenas
To adopt Resolution No. 2021-231, heading read, text waived. The motion
carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (4 to 0)
RESOLUTION NO. 2021-231 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REDISTRICTING COMMISSION’S
RECOMMENDED REDISTRICTING PLAN AS THE CITY’S FINAL
DISTRICTING PLAN
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7.2 Planning Commission Appeal: Conditional Use Permit and Design
Review for a 120-Bed Acute Psychiatric Hospital in the Eastlake II
Planned Community, known as Eastlake Behavioral Health Hospital
Mayor Casillas Salas announced that, at the request of the appellant, the
item would be continued to the January 11, 2022 meeting.
8. ACTION ITEMS
8.1 Contract Amendment: Consider Approving the Third Amendment to
the Real Property Purchase and Sale Agreement with Tecture Red,
LLC for 224 Third Avenue
Mayor Casillas Salas stated she would abstain from voting on Item 8.1
due to a potential property-related conflict of interest. She left the dais
during the discussion and voting on the item.
Special Projects Manager Evans and Slade Fischer, representing Tecture
Red Investment, gave a presentation on the item and responded to
questions of the Council.
Council discussion ensued.
There was a consensus of the Council to refer the item back to staff to
consider the issues related to granting an extension for the submittal of
financing and construction documents and reconsider the item at the
December 14, 2022 Council meeting.
Mayor Casillas Salas recessed the meeting at 7:05 p.m. The Council
reconvened at 7:12 p.m., with all members present, except Deputy Mayor
McCann.
8.2 Short-Term Rentals: Consideration of Adopting a Short-Term Rental
Ordinance, Adopting Related Permit Fees, and Adding Enforcement
Staffing
Mayor Casillas Salas stated that Councilmember Galvez would abstain
from voting on the item due to a potential property -related conflict of
interest Councilmember Galvez left the dais during discussion and voting
on the item.
Development Services Director Allen announced that Item 8.2 B would be
trailed to a future meeting due to Council conflicts. She also stated that a
revised alternative ordinance for the item had been distributed to the
Council, and that action on the item would be with respect to the revised
document.
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Development Services Director Allen gave a presentation on the item and
she and Deputy City Attorney McClurg responded to questions of the
Council.
Pam Keel, submitted a request to speak, but was not present when called.
The following members of the public spoke in support of the alternative
ordinance:
Tangerine Skantz, Chula Vista resident
Aaron Davitian, Chula Vista resident, and he also spoke on behalf of
Elizabeth Cook
William Cook, Chula Vista resident
Brian Benson, Chula Vista resident
Tabitha Skantz, Chula Vista resident
Guy East, Chula Vista resident
Navid Namdar, Chula Vista resident
Robert Flores, Chula Vista resident
Kevin Isreal, Chula Vista resident
Alex McDaniel, representing Brew Bar
Katie Walker, Chula Vista resident
Leticia Gonzalez, Chula Vista resident
Vu Dao, representing Teriyaki Grill
Nicole Fisher, Chula Vista resident
Jovanna Fisher
Guillermo Gonzalez, Chula Vista resident
Isaac Gellacio, Chula Vista resident
Jasmine Lam, Chula Vista resident
The following members of the public submitted written communications in
support of the alternative ordinance:
Douglas Morris, CPA
Isaac Soria
Ari
NN
Farid
Katie
Terry Manges
Guillermo Gonzalez
Elizabeth Cook
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Andrew D.
Jake Alebie
Juan Zapata
Pablo Zambio
Jeff
Sofia
Steven
Kyle Merritt
Guy East
Tangerine Skantz
Sara Dao
William B. Cook
Andrew Moyers
David V.
Carolina Marroquin
Melissa Campbell
Adrian Tapia
Rafael Morales
Alejandro Diaz
Andres Rodriquez
John D.
Carlos Gonzalez
David Edwards
Mike Quinn
Todd Jacobs
Joachim Gratton
Ashlyn Mesa
Carey Hazelton
Crystal Guerrero
Lillyan Gonzalez
Jeffrey Markee
Isabelle Meritt
Gaetano Harris
David
Brandon Cole
Clyde Skantz
Charles P. Sanders
Tabitha Skantz
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Amy Davitian
Brian Benson
Robert Morales
Agnes
Enrique N.
Isai Lopez
Joel V
Diego O.
Mauricio O.
Heather S.
Antonio M.
Carlos C.
Angela
Claudia R.
Jaime R.
Monica Lopez
Ana Lopez
Claudia Lopez
Monica Ferrer
Daniel Perez
Zkandia Beltran
Lori Sandoval
Kevin Astely
Andrea
Jasmin Corral
Matthew
Tiffanie Chavarria
Daniel
Ivette
Jeremiah
Katie
Aaron Davitian
Lorenzo Lopez
Nicole F Rodriguez
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The following members of the public submitted written communications
regarding the item:
Jason Taylor
Alex
Lex A. Velarde
Peggy
Adrian Duarte
Karla Garcia
Breana Frazier
Lauri
Carlos Magana
Alphonso
Shellie Duarte
Kyla H. Polee
O Correa
Kacey Vu
Gilda
John Fischer
Luis Lopez
Dominic McGhee
Craig McClurg
Jack Polee
Enrique
Ivan
Oscar B
Dario Barba
Arturo Aguirre
Erwin Armando Orendain
Jorge Garcia
Jose Roberto Sanchex Apipilhuasco
Norma Trujillo
Carlos G.
Patty
Norma
Omar Garcia Machado
Debbie
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Development Services Director Allen announced that the ordinance would
be modified to clarify the limitations on the number of days for each type of
unit.
Moved by Councilmember Padilla
Seconded by Councilmember Cardenas
To place the alternative ordinance on first reading with a formal review
within one-year, to update the ordinance to clarify limitations on the
number of days for each type of unit in Municipal Code section 5.68 and to
trail the resolution to a future meeting, heading read, text waived. The
motion was carried by the following vote:
Yes (3): Councilmember Cardenas, Councilmember Padilla, and Mayor
Casillas Salas
Abstain (1): Councilmember Galvez
Result, Carried (3 to 0)
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.68,
“SHORT-TERM RENTALS” TO TITLE 5 OF THE CHULA VISTA
MUNICIPAL CODE TO ESTABLISH REGULATIONS, STANDARDS, AND
A PERMITTING PROCESS FOR SHORT-TERM RENTALS
9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
10.1 Ratification of Appointments to the Following Boards &
Commissions:
Marisol Edwan - Commission on Aging
Lynne Pine - Veterans Advisory Commission
Frances Quinones - International Friendship Commission
Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
To ratify the above appointments. The motion carried by the following
vote:
Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, and Mayor Casillas Salas
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Result, Carried (4 to 0)
10.2 Appointment of City Councilmembers to Outside Agencies
Mayor Casillas Salas distributed the proposed appointments for Item 10.2.
Mayor Casillas Salas
International Council for Local Environmental Initiatives (ICLEI)-
Member
Interagency Water Task Force – Member
League of California Cities (LCC) San Diego Division – Member
Metropolitan Transit System Board of Directors (MTS) – Member
(Mayor)
Metropolitan Transit System Board of Directors (MTS) South Bay MTS
Executive Committee Representative
San Diego Association of Governments (SANDAG) Board of Directors
–Member
University Project Task Force with Southwestern College – Member
Chula Vista Bayfront Facilities Financing Authority Board of Directors –
Member
Councilmember McCann
Chula Vista Veterans Home Support Foundation - Member
Interagency Water Task Force – Member
League of California Cities (LCC), San Diego Division - Alternate
San Diego Association of Governments (SANDAG) Board of Directors
– 2nd Alternate
South County Economic Development Council (EDC) – Alternate
San Diego Community Power Authority1 – Alternate
Councilmember Galvez
International Council for Local Environmental Initiatives (ICLEI) –
Alternate
Metropolitan Transit System Board of Directors (MTS) – 2nd Member
(Councilmember)
Metropolitan Wastewater Commission (Metro) - Member
San Diego Association of Governments (SANDAG) Bayshore Bikeway
Committee
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Councilmember Padilla
Metropolitan Wastewater Commission (Metro) - Alternate
Otay Ranch Preserve Owner Manager (POM) Policy Committee –
Alternate
Otay Valley Regional Park (OVRP) Policy Committee – Alternate
San Diego Association of Governments (SANDAG) Board of Directors
– 1st Alternate
SANDAG Shoreline Preservation Working Group – Member
University Project Task Force with Southwestern College – Member
Chula Vista Bayfront Facilities Financing Authority Board of Directors –
Member
San Diego Community Power Authority – Member
Councilmember Cardenas
Chula Vista Veterans Home Support Foundation – Alternate
Metropolitan Transit System Board of Directors (MTS) – Alternate
Otay Ranch Preserve Owner Manager (POM) Policy Committee –
Member
Otay Valley Regional Park (OVRP) Policy Committee - Member
South County Economic Development Council (EDC) – Member
Moved by Councilmember Galvez
Seconded by Mayor Casillas Salas
To make the above appointments to outside agencies. The motion carried
by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (4 to 0)
10.3 Appointment of Deputy Mayor
Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
To appoint Councilmember Cardenas as Deputy Mayor beginning in 2023.
The motion carried by the following vote:
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Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (4 to 0)
11. COUNCILMEMBERS’ COMMENTS
There were none.
12. CITY ATTORNEY'S REPORTS
There were none.
13. ADJOURNMENT
The meeting was adjourned at 8:50 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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REGULAR MEETING OF THE CITY COUNCIL
Meeting Minutes
December 14, 2021, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Galvez, Deputy
Mayor McCann, Councilmember Padilla, Mayor Casillas Salas
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk
Bigelow, Deputy City Clerk Kansas
The City Council minutes are prepared and ordered to correspond to the City Council
Agenda. Agenda items may be taken out of order during the meeting.
The agenda items were considered in the order presented.
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to
order at 5:05 p.m. via teleconference and in the Council Chambers, located in
City Hall, 276 Fourth Avenue, Chula Vista, California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Galvez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
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4.1 COVID-19 Update by the City of Chula Vista Emergency Services
Manager Marlon King
Emergency Services Manager King gave a presentation on the item.
4.2 Oaths of Office
City Clerk Bigelow administered the oaths of office and Councilmembers
Cardenas and McCann presented certificates to Commissioners Edwan
and Quinones.
5. CONSENT CALENDAR (Items 5.1 through 5.9)
Mayor Casillas Salas announced Councilmembers Galvez and McCann would
abstain from voting on Item 5.3 due to potential property-related conflicts of
interest.
Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
To approve the recommended actions appearing below consent calendar items
5.1 - 5.2 and 5.4 through 5.9. The headings below were read, text waived. The
motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez, Councilmember
McCann, Councilmember Padilla, and Mayor Casillas Salas
Result, Carried (5 to 0)
5.1 Waive Reading of Text of Resolutions and Ordinances
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
No requests were received at that meeting.
5.4 Quarterly Financial Report For The Quarter Ending September 30,
2021
Accept the Quarterly Financial Report for the quarter ending September
30, 2021; and adopt a resolution making various amendments to the
Fiscal Year 2021/22 budget to adjust for variances and a ppropriating
funds for that purpose.
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RESOLUTION NO. 2021-232 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2021/22 BUDGET TO ADJUST FOR VARIANCES AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.5 Approving Agreements: Approve Agreements Between the City of
Chula Vista and CR Associates, Inc., Harris and Associates, Inc.,
Kimley-Horn and Associates, Inc., Rick Engineering Company, &
Wood Rodgers, Inc. to Provide On-Call Civil Engineering Services
Adopt a resolution approving agreements between the City and CR
Associates, Inc., Harris and Associates, Inc., Kimley-Horn and Associates,
Inc., Rick Engineering Company, & Wood Rodgers, Inc. to provide Civil
Engineering Consultant Services for various Capital Improvement
Program (CIP) projects and other City Projects.
RESOLUTION NO. 2021-233 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS WITH CR ASSOCIATES,
INC., HARRIS AND ASSOCIATES, INC., KIMLEY-HORN AND
ASSOCIATES, INC. RICK ENGINEERING COMPANY, AND WOOD
RODGERS, INC. TO PROVIDE CIVIL ENGINEERING CONSULTING
SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN AND
CONSTRUCTION PHASES
5.7 Capital Improvement Plan Funding: Approve Appropriation of
Additional Funds to Complete and Close the “Retiming of Traffic
Signals and Installation of Fiber Optic/Ethernet Communication
System (TRF0404)” Project
Adopt a resolution approving an appropriation of Transportation DIFs
Fund to Capital Improvement Project (CIP) TRF0404.
RESOLUTION NO. 2021-237 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $130,000 FROM THE AVAILABLE
BALANCE OF THE TRANSPORTATION DIF FUND TO CIP TRF0404
(4/5 VOTE REQUIRED)
5.8 Employee Cafeteria Benefits Plan: Approve Amendments to the 2021
Plan Reflecting a Revised Administration Period and Approving the
2022 Plan
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Adopt resolution A) approving the Cafeteria Benefits Plan for 2022; and B)
approving the amended Cafeteria Benefits Plan for 2021 reflecting a
revised administration period and limits for the flexible spending accounts.
A) RESOLUTION NO. 2021-238 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA
BENEFITS PLAN FOR 2022
B) RESOLUTION NO. 2021-239 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPT THE AMENDED CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2021 TO REFLECT REVISED
ADMINISTRATION PERIOD AND LIMITS FOR THE HEALTH CARE AND
DEPENDENT CARE FLEXIBLE SPENDING ACCOUNTS
5.9 Employee Compensation and Bargaining Agreements: Approve a
Memorandum of Understanding (MOU) with Non-Safety IAFF; an
MOU with Western Council of Engineers; a Revised Compensation
Schedule and Budget Amendments
The following members of the public submitted written documentation in
support of staff's recommendation:
Jose Luis Gomez
Connie Fife
Francisco X Riviera
Adopt resolution A) approving a Memorandum of Understanding (“MOU”)
between the City of Chula Vista and Non-Safety Local 2180 International
Association of Firefighters (“Non-Safety IAFF”) related to compensation
and other terms and conditions of employment; B) approving a
Memorandum of Understanding (“MOU”) between the City of Chula Vista
and Western Council of Engineers (“WCE”) related to compensation and
other terms and conditions of employment; C) approving the revised Fiscal
Year 2021/22 Compensation Schedule effective December 17, 2021, as
required by California Code of Regulations., Title 2, Section 570.5; and D)
making various amendments to the Fiscal Year 2021/22 budget for
appropriating funds for that purpose.
A) RESOLUTION NO. 2021-240 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING (“MOU") BETWEEN THE CITY OF CHULA VISTA
AND NON-SAFETY LOCAL 2180 INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS (“NON-SAFETY IAFF”) RELATED TO
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COMPENSATION AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET
FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND
ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR
REQUIRED TO IMPLEMENT SAID MOU
B) RESOLUTION NO. 2021-241 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING (“MOU") BETWEEN THE CITY OF CHULA VISTA
AND WESTERN COUNCIL OF ENGINEERS (“WCE”) RELATED TO
COMPENSATION AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET
FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND
ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR
REQUIRED TO IMPLEMENT SAID MOU
C) RESOLUTION NO. 2021-242 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021/22
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 17, 2021, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
D) RESOLUTION NO. 2021-243 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2021/22 BUDGET FOR APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
5.3 Short-Term Rentals: Consideration of Adopting a Short-Term Rental
Ordinance
The following members of the public submitted written communication in
support of the modified ordinance:
Douglas Morris, CPA
Isaac Soria
Ari
NN
Farid
Katie
Terry Manges
Guillermo Gonzalez
Elizabeth Cook
Andrew D.
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Jake Alebie
Juan Zapata
Pablo Zambio
Jeff
Sofia
Steven
Kyle Merritt
Guy East
Tangerine Skantz
Sara Dao
William B. Cook
Andrew Moyers
David V.
Carolina Marroquin
Melissa Campbell
Adrian Tapia
Rafael Morales
Alejandro Diaz
Andres Rodriquez
John D.
Carlos Gonzalez
David Edwards
Mike Quinn
Todd Jacobs
Joachim Gratton
Ashlyn Mesa
Carey Hazelton
Crystal Guerrero
Lillyan Gonzalez
Jeffrey Markee
Isabelle Meritt
Gaetano Harris
David
Brandon Cole
Clyde Skantz
Charles P. Sanders
Tabitha Skantz
Amy Davitian
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Brian Benson
Robert Morales
Agnes
Enrique N.
Isai Lopez
Joel V
Diego O.
Mauricio O.
Heather S.
Antonio M.
Carlos C.
Angela
Claudia R.
Jaime R.
Monica Lopez
Ana Lopez
Claudia Lopez
Monica Ferrer
Daniel Perez
Zkandia Beltran
Lori Sandoval
Kevin Astely
Andrea
Jasmin Corral
Matthew
Tiffanie Chavarria
Daniel
Ivette
Jeremiah
Katie
Aaron Davitian
Lorenzo Lopez
Nicole F Rodriguez
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The following members of the public submitted written documentation
regarding the ordinance:
Jason Taylor
Alex
Lex A. Velarde
Peggy
Adrian Duarte
Karla Garcia
Breana Frazier
Lauri
Carlos Magana
Alphonso
Shellie Duarte
Kyla H. Polee
O Correa
Kacey Vu
Gilda
John Fischer
Luis Lopez
Dominic McGhee
Craig McClurg
Jack Polee
Enrique
Ivan
Oscar B
Dario Barba
Arturo Aguirre
Erwin Armando Orendain
Jorge Garcia
Jose Roberto Sanchex Apipilhuasco
Norma Trujillo
Carlos G.
Patty
Norma
Omar Garcia Machado
Debbie
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Moved by Mayor Casillas Salas
Seconded by Councilmember Padilla
Adopt an ordinance adding Chapter 5.68 (Short -Term Rentals) to the
Chula Vista Municipal Code, establishing regulations, standards, and a
permitting process for Short-Term Rentals.
Yes (3): Councilmember Cardenas, Councilmember Padilla, and Mayor
Casillas Salas
Abstain (2): Councilmember Galvez, and Councilmember McCann
Result, Carried (3 to 0)
ORDINANCE NO. 3514 OF THE CITY OF CHULA VISTA ADDING
CHAPTER 5.68, “SHORT-TERM RENTALS” TO TITLE 5 OF THE CHULA
VISTA MUNICIPAL CODE TO ESTABLISH REGULATIONS,
STANDARDS, AND A PERMITTING PROCESS FOR SHORT-TERM
RENTALS (SECOND READING AND ADOPTION)
5.6 Employee Compensation/Positions: Approve the Addition and
Deletion of Various Position Titles and Amended Position Counts in
Various Departments, a Revised Compensation Schedule, and
Budget Amendments
Adopt resolution (A) amending the Compensation Schedule and
Classification Plan to reflect the addition and deletion of various position
titles, amending the authorized position count in various departments, and
providing for salary increases for specified classifications to comply with
the State’s minimum wage law; (B) approving the revised Fiscal Year
2021/22 Compensation Schedule effective Decembe r 31, 2021, as
required by the California Code of Regulations, Title 2, Section 570.5; (C)
making various amendments to the Fiscal Year 2021/22 budget for
appropriating funds for that purpose; and place an ordinance on first
reading amending Chula Vista Municipal Code Section 2.05.010 to add
the unclassified position titles of Communications/Special Events
Coordinator and deleting the position title of Special Events Coordinator.
A) RESOLUTION NO. 2021-234 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND
CLASSIFICATION PLAN TO REFLECT THE ADDITION AND DELETION
OF VARIOUS POSITION TITLES, AMENDING THE AUTHORIZED
POSITION COUNT WITH A NET INCREASE IN AUTHORIZED
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STAFFING, AND SALARY INCREASES OF VARIOUS
CLASSIFICATIONS TO COMPLY WITH STATE MINIMUM WAGE LAW
EFFECTIVE JANUARY 1, 2022
B) RESOLUTION NO. 2021-235 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2021/22
COMPENSATION SCHEDULE EFFECTIVE DECEMBER 31, 2021, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
C) RESOLUTION NO. 2021-236 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2021/22 BUDGET FOR APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE
UNCLASSIFIED POSITION TITLE OF COMMUNICATIONS/SPECIAL
EVENTS COORDINATOR AND DELETING THE POSITION TITLE OF
SPECIAL EVENTS COORDINATOR (FIRST READING) (4/5 VOTE
REQUIRED)
6. PUBLIC COMMENTS
6.1 Public Comments Received for 12/14/2021
The following members of the public submitted written documentation
regarding the Chula Vista Mid Managers and Professionals proposed
contract:
Sylvia Montes
Neil Engleton
Anne Gonzalez
Brian Ballestamon
Claudia Block
Jerry Quijencio
Ayub Karram
Emily Novak
Silvia Cosio
Emma Duncan
Stephen Mosca
Coleen Wisniewski
Mark Caro
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Andre Fife
Boushra Salem
Connie Fife
Myrene De La Toba
Evelyn Alfaro
Cheryl Goddard
Carla Even
7. PUBLIC HEARINGS
7.1 Vacation of Land: A Portion of Marina Parkway and a Portion of G
Street as Part of the Bayfront Development
Notice of the hearing was given in accordance with legal requirements,
and the hearing was held on the date and no earlier than the specified in
the notice.
Mayor Casillas Salas opened the public hearing.
There was consensus of the Council to continue the item to the January
18, 2022 meeting.
8. ACTION ITEMS
8.1 Contract Amendment: Consider Approving the Third Amendment to
the Real Property Purchase and Sale Agreeme nt with Tecture Red,
LLC for 224 Third Avenue
Mayor Casillas Salas stated she would abstain from voting on Item 8.1due
to a potential property-related conflict of interest. She left the dais during
discussion and voting on the item.
Deputy City Manager Crockett spoke regarding the item and responded to
questions of the Council.
City Clerk Bigelow announced that a revised resolution for the item had
been distributed to the Council, and that action on the item would be with
respect to the revised document.
Moved by Councilmember Padilla
Seconded by Councilmember Galvez
To adopt Resolution No. 2021-244. The heading below was read, text
waived. The motion carried by the following vote:
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Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, and Councilmember Padilla
Abstain (1): Mayor Casillas Salas
Result, Carried (4 to 0)
RESOLUTION NO. 2021-244 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO REAL
PROPERTY PURCHASE AND SALE AGREEMENT AND J OINT
ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY OF CHULA
VISTA AND TECTURE RED, LLC. FOR THE SALE OF THE 0.14 -ACRE
COMMERCIAL PROPERTY LOCATED AT 224 THIRD AVENUE
8.2 Short Term Rentals: Amending the Master Fee Schedule and Adding
One Code Enforcement Officer II Position
City Attorney Googins stated that Councilmembers Galvez and McCann
had potential financial-related conflicts of interest on the item and due to
the item requiring four votes to pass one member would be selected to
vote under the FPPC Rule of Necessity.
Councilmember Galvez was selected by lot by Deputy City Clerk Kansas
to participate in the item. Councilmember McCann left the dais during
discussion and voting on the item.
Development Services Director Allen responded to questions of the
Council.
A concerned citizen submitted written correspondence in support of the
item.
Moved by Mayor Casillas Salas
Seconded by Councilmember Cardenas
To adopt Resolution No. 2021-245, the heading below was read, text
waived. The motion carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Galvez,
Councilmember Padilla, and Mayor Casillas Salas
Abstain (1): Councilmember McCann
Result, Carried (4 to 0)
RESOLUTION NO. 2021-245 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 4 (BUSINESS FEES) TO ADD
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FEES RELATING TO SHORT-TERM RENTALS, AMENDING THE
AUTHORIZED POSITION COUNT FOR THE GENERAL FUND TO
REFLECT THE ADDITION OF 1.0 CODE ENFORCEMENT OFFICER II
POSITION, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
8.3 Agreement Approval: Approve an Agreement with Media 3
Communications for the Exchange of Fiber and Fiber Facilities
Deputy City Manager Crockett gave a presentation on the item.
Council discussion ensued.
Moved by Councilmember McCann
Seconded by Councilmember Galvez
To adopt Resolution No. 2021-246. The heading below was read, text
waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Result, Carried (5 to 0)
RESOLUTION NO. 2021-246 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APROVING AN AGREEMENT BETWEEN MEDIA 3
COMMUNICATIONS, INC. AND CITY OF CHULA VISTA FOR THE
EXCHANGE OF FIBER AND FACILITIES
9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
Mayor Casillas Salas spoke regarding her attendance at the Third Avenue
Village Association's (TAVA) holiday events.
At the request of Mayor Casillas Salas, there was the consensus of the Council
to add an item to an agenda in January to provide direction regarding the future
role of the Human Relations Commission.
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10.1 Ratification of Appointments to the Following Boards &
Commissions:
Candice Custodio-Tan - Human Relations Commission
Vikki Robinson Opeodu - Housing Advisory Commission
Moved by Councilmember McCann
Seconded by Councilmember Cardenas
To ratify the above appointments. The motion carried by the following
vote:
Yes (5): Councilmember Cardenas, Councilmember Galvez,
Councilmember McCann, Councilmember Padilla, and Mayor Casillas
Salas
Result, Carried (5 to 0)
11. COUNCILMEMBERS’ COMMENTS
Councilmember Galvez spoke regarding her attendance at the Culchi Town
grand opening; She thanked staff for contributions to secure Park and Recreation
grants to upgrade Eucalyptus Park and build the new Patty Davis Park. She also
expressed holiday greetings.
Councilmember McCann expressed holiday greetings and encouraged the
community to shop Chula Vista. He also thanked Third Avenue Village
Association for its leadership and spoke regarding recent holiday events.
Councilmembers Cardenas and Padilla expressed holiday greetings.
12. CITY ATTORNEY'S REPORTS
There were none.
13. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346 -03, Official
Minutes and records of action taken during Closed Sessions are maintained by
the City Attorney.
City Attorney Googins announced that the Council would convene in closed
session to discuss the items listed below.
Mayor Casillas Salas recessed the meeting at 6:06 p.m. The Council convened
in Closed Session at 6:12 p.m., with all members present.
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13.1 Conference with Legal Counsel Regarding Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: In Re National Prescription Opiate Litigation; United States
District Court, Southern District of Ohio; Case No. 17-md-2804
ACTION: No reportable action.
13.2 Conference with Legal Counsel -- Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One [1] case.
ACTION: No reportable action
13.3 Conference with Legal Counsel Regarding Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of case: In Re Boy Scouts of America and Delaware BSA, LLC,
United States Bankruptcy Court-District of Delaware, Case No. 20-
10343(LSS)
ACTION: No reportable action
14. ADJOURNMENT
The meeting was adjourned at 7:25 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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August 9, 2022
ITEM TITLE
Contract Award and Appropriation: Award a Public Works Contract to Eagle Paving Company Inc. for the
“RMRA Major Pavement Rehabilitation Fiscal Year 2020/21 (STM0401)” Project and Appropriate Funds for
that Purpose
Report Number: 22-0187
Location: No specific geographic location
Department: Engineering and Capital Projects
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 awarding a public works contract to Eagle Paving Company Inc. for the “RMRA Major
Pavement Rehabilitation Fiscal Year 2020/21 (STM0401)” project in the amount of $4,646,000 and
appropriating funds to cover the projected costs of the construction phase of the project. (4/5 Vote
Required)
SUMMARY
On June 29, 2022, the Director of Engineering and Capital Projects received five (5) sealed bids for the “RMRA
Major Pavement Rehabilitation FY2020/21 (STM0401)” project. After review of the bids, staff recommends
awarding a public works contract to the lowest responsive and responsible bidder, Eagle Paving Company
Inc. Adoption of the resolution would: 1) accept bids; 2) appropriate $975,460 from the available balance
of the TransNet Fund and $181,742 from CalRecycle Grant funds based on unanticipated revenue to the
RMRA Major Pavement Rehabilitation FY2020/21 (STM0401) project; and 3) award the public works
contract for the construction phase of the project to Eagle Paving Company Inc. in the amount of
$4,646,000.00.
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
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(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
The “RMRA Major Pavement Rehabilitation FY2020/21 (STM0401)” project will primarily consist of the
following improvements:
Roadway rehabilitation at various locations;
Installation of missing pedestrian ramps at various locations; and
Modification of existing signing and striping at various locations.
Bidding Process
On June 10, 2022, Engineering and Capital Projects Staff advertised the project. Five (5) sealed bids were
received on June 29, 2022. The submitted base bid totals from the prime contractors were as follows:
Ranking Contractor Submitted Base Bid Amount
1 Eagle Paving Company Inc. $4,646,000.00
2 TC Construction Company, Inc. $4,912,038.60
3 ATP General Engineering Contractors $5,303,301.11
4 Ramona Paving and Construction $5,396,325.58
5 SRM Contracting and Paving $5,490,350.14
The low bid of $4,646,000.00, which is approximately 14% above the Engineer’s estimate, was submitted by
Eagle Paving Company Inc. Eagle Paving Company Inc. is currently an active licensed contractor (License No.
944939).
Staff recommends accepting bids, awarding the public works contract for “RMRA Major Pavement
Rehabilitation FY2020/21 (STM0401)” project to the lowest responsive and responsible bidder, Eagle
Paving Company Inc., and appropriating $975,460 in TransNet and $181,742 in CalRecycle Grant funds to
cover the projected construction costs as shown in more detail below.
Disclosure Statement
Attachment 1 is a copy of the Contractor’s Disclosure Statement.
Wage Statement
The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wage to
persons employed by them for work under this contract. The prevailing wage scales are those determined
by the Director of Industrial Relations, State of California.
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DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor Salas and
City Councilmember Galvez have property holdings within 1,000 feet of the boundaries of the property which
is the subject of this action. However, the decision solely concerns repairs, replacement, or maintenance of
existing streets, water, sewer, storm drainage, or similar facilities, and the members’ properties will not be
affected disproportionately to other properties receiving the same services. Consequently, pursuant to
California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1), this item does not present a real
property-related conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.).
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will appropriate $975,460 in TransNet and $181,742 in CalRecycle Grant funds
to CIP STM0401 to cover the projected costs for the construction phase of the project, as well as to cover staff
costs associated with oversight of the project. Sufficient funding is available to award the contract and for
said appropriations. Therefore, there is no additional impact to the TransNet and CalRecycle Grant funds.
The following is a summary of anticipated project costs:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $4,646,000.00
B. Contract Contingency (Approx. 10%) $460,000.00
C. Construction Support (Approx. 10%) $445,800.00
D. Project Closeout (Approx. 1%) $50,022.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $5,601,822.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Gas Tax – STM0401 (Acct#: STM0401-227) $4,444,620.00
B. Appropriate Funds - CalRecycle Grant (Grant#: TRP12-
19-0078 AMEND 1) $181,742.00
C. Appropriate Funds (TransNet) $975,460.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $5,601,822.00
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine street maintenance.
ATTACHMENTS
1. Disclosure Statement
Staff Contact:
William Valle, Director of Engineering and Capital Projects
Tim Jones, Associate Engineer
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING A
CONTRACT FOR THE “RMRA MAJOR PAVEMENT
REHABILITATION FISCAL YEAR 2020/21 (STM0401)”
PROJECT TO EAGLE PAVING COMPANY INC., AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, Chula Vista Municipal Code section 2.56.160 authorizes the City to contract
for public works; and
WHEREAS, on June 10, 2022, the Department of Engineering and Capital Projects
solicited bids for the “RMRA Major Pavement Rehabilitation FY2020/21 (STM0401)” project
(“Project”) in accordance with Chula Vista Municipal Code section 2.56.160(A); and
WHEREAS, on June 29, 2022, the Director of Engineering and Capital Projects received
five (5) bids for the Project; and
WHEREAS, the low bid for the Project was submitted by Eagle Paving Company, Inc. in
the amount of $4,646,000.00, which is higher than the Engineer’s estimate of $4,071,554.04 by
$574,445.96 (or approximately 14%); and
WHEREAS, staff has determined that the bid submitted by Eagle Paving Company, Inc. is
responsive in all material respects to the bid specifications and requirements, and that Eagle Paving
Company, Inc. is the lowest responsive and responsible bidder; and
WHEREAS, staff recommends awarding the public works contract for the Project to Eagle
Paving Company, Inc. in the amount of $4,646,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it:
1. Accepts bids for the “RMRA Major Pavement Rehabilitation FY2020/21 (STM0401)”
project.
2. Awards the public works contract for the “RMRA Major Pavement Rehabilitation
FY2020/21 (STM0401)” project to Eagle Paving Company, Inc. in the amount of
$4,646,000.
3. Appropriates $975,460 from the available balance of the TransNet Fund to CIP
STM0401.
4. Appropriates $181,742 from CalReycycle Grant funds to CIP STM0401.
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Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering and Capital Projects/ City Attorney
City Engineer
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August 9, 2022
ITEM TITLE
Agreement Amendment: Approve an Amendment to the Agreement with Kleinfelder Construction
Services, Inc. for On-Call CIP Construction Management Consulting Services to Increase the Maximum
Compensation Amount During the Third Option Term
Report Number: 22-0201
Location: No specific geographic location
Department: Engineering and Capital Projects
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 15309 Class
9 (Inspections), and Section 15061(b)(3).
Recommended Action
Adopt a resolution approving an amendment to the Consultant Services Agreement with Kleinfelder
Construction Services, Inc. for On-Call CIP Construction Management Consulting Services to increase the
maximum compensation during the third option term from $1,000,000 to $2,000,000.
SUMMARY
On November 7, 2017, the City of Chula Vista (City) entered into a City of Chula Vista Consultant Services
Agreement with Kleinfelder Construction Services, Inc. to Provide On-Call CIP Construction Management
Consulting Services (Agreement). On November 8, 2021, the City and Kleinfelder executed a Notice of Option
to Extend Agreement for Option No. 3 (Third Option) to continue services under the Agreement for an
additional year with a maximum compensation amount of $1,000,000 during the Third Option term.
Kleinfelder has provided ongoing quality service and continues to help City staff keep pace with the number
of CIP projects currently in construction, and has now nearly reached the maximum compensation amount
under the Third Option. The City and Kleinfelder desire to amend the Third Option to increase the maximum
compensation amount from $1,000,000 to $2,000,000 to allow Kleinfelder to continue to provide on-call
construction management and inspection services for CIP projects, including Measure P funded projects,
during the Third Option term.
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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 15309 Class 9
(Inspections), and Section 15061(b)(3); because it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment. Thus, no further environmental
review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Department of Engineering and Capital Projects manages preliminary engineering, design, construction
management, and inspection of the City’s CIP projects, including Measure P Projects. Due to the increase in
funding associated with Measure P, Transnet, and the American Rescue Plan Act, the current fiscal years CIP
Program exceeds $50 million dollars. The City made commitments to deliver improvements for
infrastructure throughout Chula Vista which takes significant effort to plan, fund, and construct. Kleinfelder
assists with the construction management and inspection of CIP projects, including Measure P funded
projects, when workload exceeds the capacity of existing City staffing levels.
On November 7, 2017, by Resolution No. 2017-0200, the City Council approved the Agreement (Attachment
1) with Kleinfelder. On November 8, 2021, the City and Kleinfelder executed the Third Option (Attachment
2) to extend the term of the Agreement to November 7, 2022 and included a maximum compensation amount
of $1,000,000 during the Third Option term. Since then, Kleinfelder has managed and inspected construction
of numerous Measure P funded projects for both the Engineering and Capital Projects and Public Works
Departments. Kleinfelder has performed satisfactorily and provided well-qualified staff with experience and
expertise in a variety of construction methods, field inspection, construction management, and contract
administration. Kleinfelder has nearly reached the maximum compensation amount for the Third Option
term. If the resolution is approved, the allowable maximum compensation amount for the Third Option term
would be increased from $1,000,000 to $2,000,000 to allow Kleinfelder to continue to provide services to
help City staff keep pace with the number of projects in construction. As such, City staff recommends
approving the resolution.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 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
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All fees for Kleinfelder’s services will be paid from funds already allocated for CIP or development-funded
projects.
ONGOING FISCAL IMPACT
Kleinfelder and the City have executed all three options to extend their agreement and Kleinfelder will
complete this agreement with the City on November 7, 2022.
ATTACHMENTS
1. City of Chula Vista Consultant Services Agreement with Kleinfelder Construction Services to Provide
On-Call CIP Construction Management Consulting Services
2. Notice of Exercise of Option To Extend Agreement for Option No. 3
3. First Amendment to Notice of Exercise of Option to Extend Agreement for Option No. 3
Staff Contact: Chester Bautista, Associate Civil Engineer, Engineering and Capital Projects Department
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City of Chula Vista Document No.: 17133-E3
Consultant Name: Kleinfelder Construction Services Inc. Rev. 10/25/16
NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
Pursuant to the terms of that certain agreement entitled Consultant Services Agreement Between the City of Chula
Vista and Kleinfelder Construction Services, Inc. to Provide On-Call CIP Construction Services (“Agreement”),
entered into effective November 7, 2017, between the City of Chula Vista (“City”) and Kleinfelder Construction
Services, Inc. (“Consultant”), City hereby exercises its option to extend term of the Agreement as follows:
OPTION NO. 3 OF 3
OPTION TERM: November 8, 2021
November 7, 2022
MAXIMUM COMPENSATION FOR OPTION TERM
(AS AUTHORIZED BY ORIGINAL AGREEMENT):
$1,000,000.00
For services performed during this Option Term, City shall compensate Consultant pursuant to the same terms
and conditions as provided for in Section 2 of the Agreement, except that the compensation amounts set forth
therein shall be increased by 3.5% for the Option Term, as authorized under the Agreement. In no event shall the
compensation paid for this Option Term exceed the “Maximum Compensation for Option Term” amount, as set
forth above.
All other terms and conditions of the Agreement shall remain in full force and effect.
CITY OF CHULA VISTA
BY: _______________________________
SARAH SCHOEN
DIRECTOR OF FINANCE
APPROVED AS TO FORM
BY: _______________________________
GLEN R. GOOGINS
CITY ATTORNEY
ACKNOWLEDGED AND AGREED
Kleinfelder Construction Services, Inc.
BY: _______________________________
Marc McIntyre
Vice President
FOR REFERENCE PURPOSES:
Original Agreement No. 17133
Resolution No. 2017-200
Bid No.
DocuSign Envelope ID: 11682E9A-E541-4681-B81E-CE92AB11FAEF
For
2022/08/09 City Council Post Agenda Page 87 of 535
FIRST AMENDMENT
TO THE NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
FOR OPTION NO. 3
This FIRST AMENDMENT TO THE NOTICE OF EXERCISE OF OPTION TO EXTEND
AGREEMENT FOR OPTION NO. 3 (“First Amendment”) is entered into effective as of August 9,
2022 (“Effective Date”) by and between the City of Chula Vista (“City”) and Kleinfelder
Construction Services, Inc. (“Consultant”) with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into the City of Chula Vista Consultant
Services Agreement with Kleinfelder Construction Services, Inc. to Provide On-call CIP Construction
Management Consulting Services (“Agreement”) on November 7, 2017 with a two-year term and an
option to extend the Agreement for an additional three 1-year periods; and
WHEREAS, City and Consultant executed a first Notice of Exercise of Option to Extend
Agreement (“First Option”) with a term from November 8, 2019 to November 7, 2020 and a
maximum compensation for option term of $1,000,000.00 during the First Option term; and
WHEREAS, on September 15, 2020, City approved a first amendment to the First Option that
increased the maximum compensation for option by $1,000,000.00, for a new total maximum
compensation for option term of $2,000,000.00 during the First Option term; and
WHEREAS, City and Consultant executed a second Notice of Exercise of Option to Extend
Agreement (“Second Option”) with a term from November 8, 2020 to November 7, 2021 and a
maximum compensation for option term of $1,000,000.00 during the Second Option term; and
WHEREAS, City and Consultant executed a third Notice of Exercise of Option to Extend
Agreement (“Third Option”) with a term from November 8, 2021 to November 7, 2022 and a
maximum compensation for option term of $1,000,000.00 during the Third Option term; and
WHEREAS, section 8.1 of the Original Agreement provides that the parties are permitted to
modify the Agreement by means of a writing executed by both parties; and
WHEREAS, City and Consultant desire to amend the Third Option to increase the maximum
compensation for option by $1,000,000.00, for a new total maximum compensation for option term of
2,000,000.00 during the Third Option term.
NOW THEREFORE, in consideration of the above recitals and the mutual obligations of the
parties set forth herein, City and Consultant agree as follows:
1. The Notice of Exercise of Option to Extend Agreement, attached hereto and incorporated
herein as Exhibit A fully amends and restates the Third Option.
2. Except as expressly provided herein, all other terms and conditions of the Agreement shall
remain in full force and effect.
2022/08/09 City Council Post Agenda Page 88 of 535
2
3. Each party represents that it has full right, power and authority to execute this First
Amendment and to perform its obligations hereunder, without the need for any further
action under its governing instruments, and the parties executing this First Amendment on
the behalf of such party are duly authorized agents with authority to do so.
[End of page. Next page is signature page.]
2022/08/09 City Council Post Agenda Page 89 of 535
3
SIGNATURE PAGE TO
THE FIRST AMENDMENT TO THE
NOTICE OF EXERCISE OF
OPTION TO EXTEND AGREEMENT FOR OPTION NO. 3
KLEINFELDER CONSTRUCTION
SERVICES, INC.
CITY OF CHULA VISTA
BY:
________________________________________
BY:
___________________________________________
Marc McIntyre MARY CASILLAS SALAS
Vice President MAYOR
ATTEST
BY: ________________________________
KERRY BIGELOW, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
2022/08/09 City Council Post Agenda Page 90 of 535
4
EXHIBIT A
AMENDED AND RESTATED
NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
Pursuant to the terms of that certain agreement entitled Consultant Services Agreement with Kleinfelder
Construction Services, Inc. (“Agreement”), entered into effective November 7, 2017, between the City of Chula
Vista (“City”) and Kleinfelder Construction Services, Inc. (“Consultant”), City hereby exercises its option to
extend term of the Agreement as follows:
OPTION NO. 3 OF 3
OPTION TERM: November 8, 2021
November 7, 2022
MAXIMUM COMPENSATION FOR OPTION TERM
(AS AUTHORIZED BY ORIGINAL AGREEMENT):
$1,000,000.00
$2,000,000.00
For services performed during this Option Term, City shall compensate Consultant pursuant to the same terms
and conditions as provided for in Section 2 of the Agreement, except that the compensation amounts set forth
therein shall be increased by 3.5% for the Option Term, as authorized under the Agreement. In no event
shall the compensation paid for this Option Term exceed the “Maximum Compensation for Option Term”
amount, as set forth above.
All other terms and conditions of the Agreement shall remain in full force and effect.
2022/08/09 City Council Post Agenda Page 91 of 535
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE NOTICE OF EXERCISE OF OPTION TO EXTEND
AGREEMENT FOR OPTION NO. 3 FOR THE CONSULTANT
SERVICES AGREEMENT BETWEEN THE CITY AND
KLEINFELDER CONSTRUCTION SERVICES
WHEREAS, on November 7, 2017, the City Council approved the City of Chula Vista
Consultant Services Agreement with Kleinfelder Construction Services, Inc. to Provide On-call
CIP Construction Management Consulting Services (“Agreement”), including options to extend
the Agreement upon satisfactory performance; and
WHEREAS, on November 8, 2021, the City and Kleinfelder Construction Services, Inc.
(KCS) executed a third Notice of Exercise of Option to Extend Agreement (“Third Option”) to
extend the term of the Agreement through November 7, 2022 with a maximum compensation
amount of $1,000,000 during the Third Option term; and
WHEREAS, KCS has provided and continues to provide satisfactory on-call construction
management and inspection services for CIP projects, including Measure P-funded projects, and
has nearly reached the current maximum compensation amount of $1,000,000 for the Third Option
term; and
WHEREAS, City staff recommends approving the First Amendment to the Notice of
Exercise of Option to Extend Agreement for Option No. 3 to increase the maximum compensation
amount during the Third Option term by $1,000,000, for a new maximum compensation amount
during the Third Option term of $2,000,000, to allow KCS to continue to provide on-call
construction management and inspection services for CIP projects, including Measure P-funded
projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the First Amendment to the Notice of Exercise of Option to Extend Agreement for
Option No. 3, between the City and Kleinfelder Construction Services, Inc., 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
William S. Valle
Director of Engineering & Capital Projects
Approved as to form by
Glen R. Googins
City Attorney
2022/08/09 City Council Post Agenda Page 92 of 535
2022/08/09 City Council Post Agenda Page 93 of 535
v . 0 03 P a g e | 1
August 9, 2022
ITEM TITLE
Ambulance Maintenance: Waive the Competitive Bid Process and Approve the Use of BIT Pros Inc. as an
Authorized Repair Shop for City Ambulances
Report Number: 22-0194
Location: No specific geographic location
Department: Fire
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:
Approve a resolution waiving the competitive bid process and approving the use of BIT Pros Inc. as an
authorized repair shop for City ambulances through June 30, 2027.
SUMMARY
On May 12, 2020, City Council approved Chula Vista Council resolution 20-102 approving a program for the
Chula Vista Fire Department to provide exclusive ambulance transport services within the City of Chula Vista,
the City of Imperial Beach, and the Bonita Sunnyside Fire Protection District. The Fire Department purchased
thirteen (13) ambulances for our Ambulance Transport System from Republic EVS, Medix Specialty Vehicles.
Our EMS operations require ongoing maintenance to these thirteen (13) ambulances. The Fire Department’s
ambulances consist of various pieces of equipment and in the normal course of business it is impossible to
predict what repairs may be necessary during the fiscal year, outside of the routine maintenance for our
ambulances. The Fire Department identified the need to enlist a qualified service center to provide
maintenance to the ambulance fleet. At the direction of Republic EVS, BIT Pros Inc. has been identified as a
sole source provider for authorized maintenance on the ambulance fleet.
The Fire Department is requesting that council waive the competitive bid process in accordance with the
Chula Vista Municipal Code 2.56.007(B)(3) which states “the City Council may waive the competitive bidding
requirements if determined by resolution of the City Council that competitive bidding requirements as
2022/08/09 City Council Post Agenda Page 94 of 535
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applied to that contract are impractical, impossible, or that City interests would be materially better served
by applying a different purchasing procedure approved by the Purchasing Agent as being consistent with
good purchasing practices.” The proposed authorized repair facility is currently the only authorized repair
facility in San Diego County and has exercised exceptional service and knowledge of the specialized
equipment on the ambulances.
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.
DISCUSSION
On April 9, 2021, the City of Chula Vista Fire Department took over providing ambulance transport services
to the City of Chula Vista, City of Imperial Beach, and Bonita/Sunnyside Fire Protection District. The fleet for
the Ambulance Transport System consists of thirteen (13) ambulances, ten (10) of which are in service daily,
and the remaining three (3) which are reserves to be routinely swapped out and placed into service for
various repairs and maintenance and other special events as needed. The Fire Department also has two
ambulances currently being manufactured that will be added to the existing fleet, which will bring the total
ambulance fleet up to fifteen (15) ambulances. These ambulances are expected to be received and placed
into service by the end of the calendar year.
The ambulances consist of a Ford chassis with a custom rear compartment, commonly referred to as the
“box.” In addition to routine maintenance such as tire rotation and oil changes, there are repairs and
maintenance required for the medically intricate components of the “box”. Due to the specialized repair and
maintenance required, there is a need for an authorized repair facility to service the ambulances. The
manufacturer of the ambulances, Republic EVS, has provided a letter that BIT Pros Inc. is an approved service
center and currently the only authorized repair facility in San Diego County. In addition to them being an
authorized repair center, they also provide 24-hour emergency repair services, mobile repairs, and oversized
truck towing services. Having a maintenance provider to offer 24-hour emergency repair services is crucial
for the Fire Department’s operations to guarantee the 24/7 service is provided to residents.
Due to the reasons mentioned above, the Fire Department is requesting that the City Council waive the
competitive bid process, in accordance with CVMC 2.56.070 (B)(3) which states that “the City Council may
waive the competitive bidding requirements if determined by resolution of the City Council that competitive
bidding requirements as applied to that contract are impractical, impossible, or that City interests would be
materially better served by applying a different purchasing procedure approved by the Purchasing Agent as
being consistent with good purchasing practices.”
2022/08/09 City Council Post Agenda Page 95 of 535
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During the normal course of business, it is impossible to determine the number of repairs needed outside
of the normal routine maintenance needed on the ambulances. As a result, the estimated costs for these
services will vary.
Since the proposed authorized repair facility is currently the only authorized repair facility in San Diego
County and has exercised exceptional service and knowledge of the specialized equipment on the
ambulances, the Fire Department is requesting to waive the competitive bid process and authorize the use
of BIT Pros Inc for a period of five (5) years.
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 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 are no General Fund costs associated with this action. Staff will return to Council for approval of any
future associated costs as necessary. No appropriations are being requested at this time as part of this action.
The overall dollar value will be within each year’s adopted Ambulance Transport Enterprise Fund budget.
ONGOING FISCAL IMPACT
There are no General Fund costs associated with this action. Any purchases as part of this authorization will
be incorporated into future budgets as part of the normal budget development process for the Ambulance
Transport Enterprise Fund.
ATTACHMENTS
Attachment 1: Letter from Republic EVS
Staff Contact:
Emily Folker, Principal Management Analyst; Harry Muns, Fire Chief; Raymond Smith, Deputy Chief of EMS
2022/08/09 City Council Post Agenda Page 96 of 535
DEDICATION AT EVERY TURN
RepublicEVS 562.204.6047 RepublicEVS.com 12410 Clark St. SFS, CA 90670
Medix Specialty Vehicles 574.266.0911 Medixambulance.com 3008 Mobile Dr. Elkhart, IN 46514
July 15, 2022
To whom it may concern,
Bit Pro’s in Escondido, CA is a Medix Specialty Vehicle approved service center
and currently the only authorized repair facility in San Diego County. Bit Pro’s has
provided exceptional service over the years keeping emergency vehicles on the
road and in service. In addition to their service center, they also provide 24 hour
a day emergency service, mobile service repair as well as oversized truck towing
capabilities.
_______________________
Garett Adelman, Director of Sales
2022/08/09 City Council Post Agenda Page 97 of 535
C:\Program Files\eSCRIBE\TEMP\1526671102\1526671102,,,Resolution(1).docx
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BID PROCESS
AND APPROVING THE USE OF BIT PROS INC. AS AN
AUTHORIZED REPAIR SHOP FOR CITY AMBULANCES
THROUGH JUNE 30, 2027
WHEREAS, the Fire Department’s ambulance fleet consists of different pieces of
equipment requiring repair and maintenance at varying times; and
WHEREAS, the Fire Department utilizes the services of an authorized repair shop for the
repair of the Fire Department’s ambulances to ensure they are available for use; and
WHEREAS, in accordance with Chula Vista Municipal Code 2.56.070 (B)(3) the City
Council may waive the competitive bidding requirements if determined that the competitive
bidding requirements as applied are impractical, impossible, or that the City interest would be
materially better served by applying a different purchasing procedure approved by the City’s
Purchasing Agent as being consistent with good purchasing practices; and
WHEREAS, during its normal course of business, it is impossible to predict what repairs
may be necessary in a fiscal year; and
WHEREAS, the authorized repair shop provides greater knowledge and experience in the
repair of the specialized equipment and fleet thereby guaranteeing that necessary repairs will be
completed in a timely and thorough manner; and
WHEREAS, based on the foregoing recitals, the Purchasing Agent has approved the
proposed purchasing procedure for the authorized repair shop as consistent with good purchasing
practices.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it determines that the competitive bidding requirements for procuring services through
authorized repair shops are impractical, impossible, or that the City’s interest would be materially
better served by applying the different purchasing procedure approved by the Purchasing Agent.
BE IT RESOLVED by the City Council of the City of Chula Vista that it waives the
competitive bid process and approves the use of BIT Pros Inc. as an authorized repair shop for
City ambulances for a term of five years ending June 30, 2027.
Presented by
Harry Muns
2022/08/09 City Council Post Agenda Page 98 of 535
Resolution No.
Page 2
Fire Chief
Approved as to form by
Glen R. Googins
City Attorney
2022/08/09 City Council Post Agenda Page 99 of 535
v . 0 03 P a g e | 1
August 9, 2022
ITEM TITLE
Agreement: Waive Competitive Bid Requirements and Approve an Agreement with Hyder & Company for
Property Management Services
Report Number: 22-0199
Location: No specific geographical location
Department: Development Services
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required
Recommended Action
Adopt a resolution: (1) waiving competitive bidding requirements; (2) approving an agreement with Hyder
& Company for property management services; and (3) authorizing the City Manager or designee to enter
into the initial agreement for $12,600, and optional extensions, for a maximum contract period of five years
and a not-to-exceed amount of $66,897.
SUMMARY
The City of Chula Vista and the Chula Vista Housing Authority [acting in its capacity as the Successor Housing
Entity pursuant to Government Code section 34176(a)] holds within its possession seven (7) affordable
housing units throughout the City. These units, for the past several years, have been leased to households
with extremely low to very low income, who are often referred to the Housing Authority by the Homeless
Outreach Team. Residents within these units often are assisted through programs like the Tenant Based
Rental Assistance Program with wraparound services until they can achieve self-sufficiency.
To present date, the duties of property management have been carried out by City staff of the City of Chula
Vista’s Housing Division. To alleviate City staff from the burdensome and time-consuming duties of property
management, this item seeks to waive the competitive bid requirements pursuant to Chula Vista Municipal
Code (“CVMC”) sections 2.56.090(B)(2) and (3) [specifically 2.56.070(b)(3) and (4)] and approve an
agreement with Hyder & Company for property management services in an initial amount of $12,600, with
four additional one-year options to extend, for a total contract period of up to five years and $66,897.
2022/08/09 City Council Post Agenda Page 100 of 535
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with 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.
DISCUSSION
The seven (7) properties owned by the City of Chula Vista were acquired with the aid of U.S. Department of
Housing and Urban Development (“HUD”) funds for the acquisition costs, carrying costs, rehabilitation costs
and soft costs. These properties are subject to covenants, conditions, and restrictions to ensure the units are
occupied by households within certain income thresholds, with monthly rents not to exceed 30% of gross
monthly household income.
Maintenance and Monitoring Requirements
Under HUD guidelines, the maintenance of these affordable units must satisfy HUD’s Property Standards
§92.251, as such standards are interpreted and enforced by the City under their normal policies and
procedures. To verify compliance with these Standards, the City inspects and requalifies these affordable
units on an annual basis. Any deficiencies in the physical condition of the affordable units must be corrected
by the City and at the expense of the City within thirty (30) days of the identification of such deficiency.
Should such deficiency not be capable of being cured within such thirty (30) day period, then such amount
of time as the City determines is needed, not to exceed one hundred twenty (120) days, provided the City
commences cure within such thirty (30) day period and continues to diligently pursue cure.
Under HUD’s Affordable Housing Agreement for these units, the City must perform the following monitoring
functions: (a) preparing and making available any general information to the tenant(s) that the City
possesses regarding income limitations and restrictions which are applicable to the affordable unit; (b)
reviewing the documentation submitted by tenant(s) in connection with the annual certification process; (c)
examining the financial condition of the project at least annually to ensure long term financial viability; and
(d) inspecting the affordable units to verify that they are being maintained in accordance with the
forementioned requirements.
Use of City-Owned Affordable Units
All City-Owned affordable units are currently occupied. Tenants have been identified and selected through
collaboration between the Chula Vista Police Department Homeless Outreach Team and the Chula Vista
Housing Authority. Tenants may have previously experienced homelessness or are at risk of experiencing
homelessness within the City of Chula Vista. Tenants are participants of the City of Chula Vista’s Tenant Based
Rental Assistance Program or are recipients of the Housing Choice Voucher Program (“Section 8”).
To date, the duties of property manager of these City-Owned affordable units has fallen on the Chula Vista
Housing Authority Staff. With the complexities of maintaining and monitoring these units in accordance with
HUD requirements, the Chula Vista Housing Authority seeks professional management services offered by
Hyder & Company. Utilizing a professional property management firm will offer greater assurance of
continued compliance with HUD standards, increase efficiencies in responding to tenants (e.g., emergency
2022/08/09 City Council Post Agenda Page 101 of 535
P a g e | 3
maintenance issues, payments, HOA correspondence, etc.), and provide tenants with great self-sufficiency in
learning to communicate with professional property management staff.
Consultant Selection Process
An informal bidding process was conducted with recognized affordable housing property management
companies and two out of the three firms contacted declined bidding due to the small number of units the
City owns. Hyder & Company was the sole respondent and currently manages the existing affordable
properties owned by the County of San Diego within the City of Chula Vista.
City Council/Housing Authority Action
This action authorizes the City Manager/Housing Authority Director or their designees to enter into a
contract with Hyder & Company to cover the property management costs for the first year with options to
extend the agreement for up to four (4) additional one-year options, for an agreement of up to a total of five
years. Table 1 provides the anticipated project costs over the five-years.
Table 1- Annual Contract Costs
Term Amount
Initial $12,600
Option Year 1 $12,978
Option Year 2 $13,368
Option Year 3 $13,769
Option Year 4 $14,182
Total $66,897
It is anticipated with approval of this item that Hyder & Company will assume their role as property
managers for the seven (7) City-Owned Affordable Units within the next 30 days.
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
There is no current year fiscal impact to the General Fund as a result of this action. Costs will be covered
through the available Housing Authority Funds and have been budgeted for this purpose.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund as a result of this action. Housing Authority funds will
be allocated during future annual budget cycles, as necessary for these services.
ATTACHMENTS
1. Professional Services Agreement with Hyder & Company
Staff Contact: Naader Ho, Management Analyst II
Tiffany Allen, Deputy City Manager & Director of Development Services
2022/08/09 City Council Post Agenda Page 102 of 535
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA/CHULA VISTA HOUSING AUTHORTY (AS
SUCCESSOR HOUSING ENTITY): (1) WAIVING THE
COMPETITIVE FORMAL BID REQUIREMENTS; (2)
APPROVING AN AGREEMENT BETWEEN THE
CITY/HOUSING AUTHORITY AND HYDER & COMPANY
FOR PROPERTY MANAGEMENT SERVICES; AND (3)
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE THE INITIAL AGREEMENT AND AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE FOUR
ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT
WHEREAS, the City owns seven (7) properties at different locations, also known as
“Scattered Sites or Project Sites.” which are more fully described in Exhibit A, and hereby fully
incorporated by reference to this Agreement; and
WHEREAS, these Project Sites are affordable housing units and subject to unique local,
State, and Federal regulatory requirements (including specified reporting requirements); and
WHEREAS, due to the complexities of maintaining and monitoring these units in
accordance with HUD requirements, City desires to contract with Hyder & Company
(“Consultant”) to provide professional property management services; 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; and
WHEREAS, based on Contractor/Service Provider’s experience in managing affordable
housing units in compliance with HUD and Home Investment Partnership (“HOME”) program
standards, as stated herein and in the attendant Staff report, the City desires to waive the
competitive bidding requirements pursuant to Chula Vista Municipal Code (“CVMC”) sections
2.56.090(B)(2) and (3) [specifically 2.56.070(b)(3) and (4)] finding that said circumstances
support waiving the competitive bid requirements in that the City’s interest would be better served
by said waiver, and enter into a two-party agreement with Hyder & Company for professional
property management services ("Agreement"); and
NOW, THEREFORE, BE IT RESOLVED, based on the findings above, the City
Council of the City of Chula Vista does hereby waive the competitive bidding requirements
pursuant to Chula Vista Municipal Code sections 2.56.090(B)(2) and (3) [specifically
2.56.070(b)(3) and (4)] in that the City’s interest would be better served by said waiver.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City
of Chula Vista/Housing Authority, that it approves the Agreement in substantial form with
Hyder & Company, with such minor modifications as may be required or approved by the City
2022/08/09 City Council Post Agenda Page 103 of 535
Attorney’s Office, a copy of which shall be kept on file in the Office of the City Clerk ; and
authorizes the City Manager or designee to execute the initial Agreement in an a mount not to
exceed $12,600, including four (4) one-year options to extend, for a maximum authorized and
not to exceed amount of $66,897 for the five year period.
Presented by Approved as to form by
_________________________ ____________________________
Tiffany Allen Glen R. Googins
Deputy City Manager/ City Attorney/General Counsel
Director of Development Services
2022/08/09 City Council Post Agenda Page 104 of 535
1 City of Chula Vista Agreement No.: 2022-083
Consultant Name: Hyder & Company Rev. 09/15/20
CITY OF CHULA VISTA/CHULA VISTA HOUSING AUTHORITY
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH HYDER & COMPANY
TO PROVIDE PROPERTY MANAGEMENT SERVICES
This Agreement is entered into effective as of August 9, 2022, (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation/Chula Housing Authority (in its capacity as the Successor Housing
Entity pursuant to Government Code section 34176(a)]) (collectively “City”) and Hyder & Company, who is a
broker or corporation licensed by the California Department of Real Estate, (“Contractor/Service Provider” or
“Contractor”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the City owns seven (7) properties at different locations, also known as “Scattered Sites or
Project Sites,” which are more fully described in Attachment A, and hereby fully incorporated by reference to
this Agreement; and
WHEREAS, these Project Sites are affordable housing units and subject to unique local, State, and Federal
regulatory requirements (including specified reporting requirements); and
WHEREAS, the City desires to have Contractor/Service Provider provide property management services,
as described in this Agreement, for the Project Sites (the “Project”); and
WHEREAS, in order to procure these services Contractor/Service Provider was chosen based on
Contractor/Service Provider’s unique qualifications, including significant experience public housing
management, ability to handle Scattered Sites, and that the City’s interest would be best materially served by
selecting Contractor/Service Provider to provide the required services pursuant to a “sole source” basis under the
authority of Chula Vista Municipal Code sections 2.56.090(B)(2) and (3) [specifically 2.56.070(b)(3) and (4)]
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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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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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 Prevailing Wages. This Project involves affordable housing and may be exempt from Prevailing Wage
requirements. However, to the extent an exemption does not apply, Work to be performed in this agreement
by Contractor/Service Provider (including construction) may otherwise be considered a Public Work under
Labor Code section 1720, et seq. As a result, such Public Work is subject to “Prevailing Wage” requirements.
Contractor/Service Provider, including its contractors and subcontractors, shall abide by any and all
“Prevailing Wage” requirements. Contractor/Service Provider shall also include the costs for Prevailing
Wage requirements in its Annual Operating Budget, if known, for required work. The Contractor/Service
Provider shall defend (with legal counsel approved by the City), indemnify, protect, and hold harmless, the
City, its elected and appointed officers, agents, volunteers, and employees from and against any and all
liability, claims, costs, and damages, including but not limited to, attorney fees, arising from or attributable to
a failure to comply by Contractor/Service Provider or any contractor or subcontractor with any “Prevailing
Wage Requirement”, including, but not limited to, failure to post or provide required notices, failure keep
required records or documents, or failure to pay required wages.
1.11 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 charges 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 budget.
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
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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 may 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
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 in the Scope of Work and on the attached Exhibit B, incorporated
into the Agreement by this reference (collectively 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 transacting
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
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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.
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.
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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.
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.
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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.
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.
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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 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.
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. CITYSHIP AND USE OF WORK PRODUCT
7.1 General. All accounting records, reports, studies, information, data (in any form), 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 (collectively “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. No Work Product shall be sold or provided to any third party without
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the express written consent of City. Use of City Work Product is limited to implementing his Agreement by
individuals on a “need to know” basis.
7.2 Audits/Inspections. Contractor/Service Provider agrees to maintain and make available within San
Diego County Work Product, including but not limited to, accurate and complete books and accounting
records relative to all its activities under this Agreement. Contractor/Service Provider agrees that the City,
including its agents and persons or entities authorized by City to review said Work Product, shall have the
right to monitor, assess, or evaluate Contractor’s/Service Provider’s performance pursuant to this Agreement,
said monitoring, assessments, or evaluations to include audits, inspections of premises, reports, and interviews
of staff and participants.
At any time during normal working hours and as often that the City may deem necessary,
Contractor/Service Provider shall make available to City, State, and Federal Officials for examination all of
its records with respect to all matters covered by the Agreement and will permit City, State, and Federal
Officials to audit, examine, and make copies from such records . and to make audits of all invoices, materials,
payrolls, records of personnel, information regarding clients receiving services (including tenants), and any
other data or information relating to all matters covered by this Agreement.
7.3 Transfer of Records and Accounts. Upon termination of the Agreement for any reason, the following
procedures shall apply:
a. All Work Product is deemed to be the property of the City. All such records and funds shall be turned
over to the City within forty-five (45) days upon termination of the Agreement. Work Product also
includes, but is not limited to, resident and project files, accounting records, trust records, the general
ledger, all original books of entry, invoices, canceled checks, payroll records, and contracts.
b. Contractor/Service Provider shall retain for five (5) years copies of trust records and other pertinent
documents (as required by Business and Professions Code Section 10148 and State and Federal
requirements).
c. All cash, bank accounts, and trust accounts must be accounted for in writing and turned over to the
City or its representative within thirty (30) business days after the termination of this Agreement.
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
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.
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8.5 Entire Agreement. This Agreement together with all exhibits attached her eto 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 five (5) 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 The City and Contractor and Service Provider agree to the following.
8.8.1 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 any debt, obligation or liability whatsoever against City, or bind City in any manner.
8.8.1 Contractor/Service Employees. The number of employees, their job descriptions, and salaries, shall be
determined by Contractor/Service Provider using the provisions of the “Management Plan” developed for the
Project and amended from time to time, which Management Plan is attached hereto as Exhibit “D” and
incorporated herein by this reference, but subject to City approval via the Operating Budget. The employees
shall be hired, supervised, transferred, discharged and solely directed by Contractor/Service Provider at
Contractor/Service Provider’s discretion (as Contractor/Service Provider is liable for and has the liability for
each employee). Contractor/Service Provider shall keep the City reasonably informed with respect to
Contractor/Service Provider’s desire to terminate or dismiss on-site personnel and shall consult with City with
respect to hiring on-site personnel, it being understood, however, that any final decisions in this regard shall
be made by Contractor/Service Provider. The City will reimburse Contractor/Service Provider via the
operating budget for employee costs as set forth in the Management Plan. Contractor/Service Provider
warrants to City they will conduct criminal background checks of employees.
8.9 No Encumbrances. Contractor/Service Provider may not, in any way, encumber or permit to be
encumbered any of the Project or Project Sites, including mortgages or liens of any type. The Project Sites
shall at all times be free and clear of all liens and encumbrances.
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8.10 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 identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.11 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,
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.
8.12 Counterparts. This Agreement may be executed in any number of counterparts that, collectively, shall
constitute one and the same instrument. Facsimile signatures shall be effective as original signatures with regard
to this Agreement. Each party represents to the other that the execution and delivery of this Agreement by such
party have been properly authorized and that all signatures are genuine.
(End of page. Next page is signature page.)
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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.
HYDER & COMPANY CITY OF CHULA VISTA/HOUSING
AUTHORITY
BY:________________________________ BY: ________________________________
KYLE BEACH MARIA V. KACHADOORIAN
VICE PRESIDENT OF ADMINISTRATION CITY MANAGER
HOUSING AUTHORITY DIRECTOR
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney/General Counsel
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Naader Ho
Management Analyst II
619-691-5263
nho@chulavistaca.gov
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:
HYDER & COMPANY
1649 Capalina Road, Suite 500
San Marcos, CA 92069
760-591-9737
kbeach@hyderco.com
For Legal Notice Copy to:
Kyle Beach
1649 Capalina Road, Suite 500
San Marcos, CA 92069
760-591-9737
kbeach@hyderco.com
2. Required Services
A. General Description:
Contractor shall perform property management functions for the Scattered Sites properties, including but
not limited to, marketing to and selection of tenants, collections of rents, care and maintenance of
property (including utilities), tenant relations, eviction of tenants, maintenance of records and reporting
to City, maintenance of various funds (including security deposit funds and operating funds), and
compliance with all applicable laws and regulations (including those applicable to affordable housing
requirements, landlord-tenant laws, and anti-discrimination laws), and prepare required reports related to
affordable housing units.
B. Detailed Description:
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1. Resident Selection/Affirmative Marketing Plan. Contractor and City agree to cooperate in the
implementation of the resident selection and affirmative marketing provisions of the Management Plan.
In carrying out these provisions, Contractor shall:
a. Lease units in compliance with the City’s agreement including provisions for any special needs such
as elderly or adapted units.
b. Assure that occupancy shall be open to all, regardless of race, color, ancestry, religion, national origin,
sex, marital status, handicap, use of Section 8 funding, or other arbitrary factors.
c. Assure that all advertising, including letterheads, brochures, and media advertising, shall include a
reference to “this institution is an equal opportunity provider, and employer.”
d. Notify applicants of their eligibility status and advise rejected or ineligible applicants of the reason
for denial.
e. Assure that resident selection is carried out without favoritism or partiality and that the public interest
is served at all times.
2. Compliance with Project Contracts and Procedures. City may have entered into regulatory agreements
governing the operations, management, and maintenance of the Project. These documents are
incorporated herein by this reference, and the Contractor agrees to comply with them. The Contractor
also agrees to comply with the requirements of Section 42 of the I.R.S. Code, if applicable.
Contractor shall prepare standard reports required by an applicable governmental authority. The
preparation of any non-standard report or documentation shall not be included as part of this
Agreement. Preparation of the: Annual City Certification (AOC), Project Cityship Profile (POP), Annual
Operating Expense Report (AOE) and Lender Profile Form (LP) required for tax credit projects are not
considered standard reports and they will be prepared by the City. For HUD projects, the City will
participate in completing the Management Occupancy Review (MOR) addendums B & C.
For projects not previously managed by Contractor–Contractor is not responsible for any material
errors in tenant files prior to the beginning date of this Management Contract. Contractor will conduct a
sample file inspection within 30 days of beginning management services.
The correction of material errors in files prior to this management contract shall not be included as part of
this Agreement. City agrees to have all material errors corrected by: (1) Contractor with a mutually
agreed upon subsequent agreement or (2) an independent consultant.
3. Collection of Rents and Other Receipts. Contractor shall collect when due all rents, charges, and other
amounts receivable in connection with the management and operation of the Project. Such receipts shall
be deposited in a General Operating Account.
4. Accounts. Contractor shall establish separate accounts as trustee for the City for Project funds. These
accounts shall be a General Operating Account, a Security Deposit Account, and any other accounts that
may be required by the City. Funds from these accounts shall be kept in depositories whose deposits are
insured by an agency of the federal government or other comparable federally insured program.
Contractor is authorized to open all of the required accounts without prior approval of the City or written
authorization or resolutions by the City. City will not appear on the signature cards.
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a. General Operating Account: The General Operating Account shall contain the gross operating
receipts received by the Contractor or City and/or its representatives pursuant to Paragraphs 3 and 20
of this Exhibit A. These funds shall be deposited promptly in the General Operating Account.
b. Security Deposit Account: Contractor shall collect security deposits in accordance with
requirements of the residential lease. In collecting, handling, and disbursing these funds, Contractor
shall comply with the requirements of the California Civil Code, Section 1950.5 and Business and
Professions Code Section 10145. These funds shall be kept in an account that is insured by an agency
of the federal government or other comparable federal program. They shall at all times be equal to
the total amount held by the Contractor for the tenant.
5. Disbursements. Contractor may disburse funds from the accounts described in Paragraph 4 above, only
for the purposes noted below. Contractor shall draw no checks nor incur any obligation in an amount
exceeding Five Thousand and no/100 Dollars ($5,000.00), without the express written permission of City,
except as necessary for emergency repairs required to avoid injury to persons or property. Upon receipt
of notice by Contractor, City will promptly make up any shortage in operating cash.
a. General Operating Account: Disbursements may be made from this account in accordance with
the budget, and shall be disbursed, applied, or reserved and set aside for payment when due, in the
following priority, to the extent available:
(1) Salaries, wagers, and any other form of compensation due and payable to Contractor’s
employees employed on site in connection with the maintenance, administration, or operation of
the project, along with all withholding taxes, insurance premiums, Social Security payments,
and other payroll taxes or payments or charges required in connection with such employees.
Contractor collects a payroll deposit of two (2) pay periods.
(2) all charges incurred in the operation of the Project in connection with utilities, real estate taxes
and assessments, and liability, fire and other hazard insurance;
(3) payments of required interest, principal, impounds, fees and charges, if any, on loans which are
secured by liens on the Project;
(4) all other expenses incurred to cover operating costs, including the fee of the Contractor and any
extraordinary expenses, in accordance with the approved annual operating budget of the Project
or as otherwise approved by the City;
(5) deposits to the required bank accounts; and
(6) distributions, in accordance with the direction of the City.
b. Security Deposit Account: Disbursements may be made from this account only to:
(1) pay the cost of any unpaid rent, damage, or unreasonable wear and tear caused by the resident,
after the resident vacates the unit, or to reimburse the General Operating Account for payment
of these costs; or
(2) return to the resident upon termination of the tenancy the portion of the deposit not used in
accordance with (1) above.
6. Insurance. At the direction of the City, the Contractor shall obtain and keep in effect at all times,
insurance covering the Project and its operations. The companies from whom the insurance is purchased,
the conditions in the contract of insurance, the amounts of coverage, and the beneficiaries of each policy,
shall be determined and approved by the City. The Contractor will pay premiums out of the General
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Operating Account, and premiums will be treated as operating expenses. Any deductible required under
the insurance policy shall be an expense to the Project to which it relates. Contractor shall investigate and
immediately furnish the City with full reports of all accidents occurring on or about the premises of the
Project or in connection with the operation of the Project, or any claims or potential claims for damage
arising out of such accidents on forms provided by City. Contractor shall cooperate with the City and
insurers in the investigations and settlement thereof. If required, the liability policy will name Contractor
as an additional insured. City will provide Contractor with the current Project’s insurance certifications
listing Contractor as additional insured on an on-going basis.
7. Records and Reports. In addition to requirements specified elsewhere in this Agreement, Contractor
shall have the following responsibilities with respect to records and reports:
a. Contractor shall establish and maintain a comprehensive system of records, books, and accounts in a
manner prescribed by generally acceptable accounting practices after consultation with the City. All
records, books, and accounts shall be subject to examination during regular hours of business by any
authorized representative of the City.
b. Contractor shall make additional reports of income and expenses in a time and manner satisfactory
to the City and consistent with acceptable accounting practices.
c. Contractor shall at all times keep all financial records, books, accounts, and other financial material
relating to the operation of the Project in safe condition and accessible to the City.
d. Contractor shall prepare and submit operating reports to the City by the 25th day of the month
following the reported month. The preparation of any non-standard report or documentation shall
not be included as part of this Agreement.
e. Contractor shall cause the financial records of the Project to be available to be audited annually by
an independent certified public accountant licensed in California designated by the City.
8. Management Plan/Annual Budget.
8.1 Contractor shall prepare a Management Plan acceptable to the City.
8.2 Contractor shall submit to the City for approval, a proposed operating budget for the Project. The
proposed operating budget shall be submitted prior to the beginning of each fiscal year. The proposed
operating budget shall set forth the anticipated gross income of the Project and a detailed estimate of all
expenses of the Project. The operating budget shall cover generally those expenses listed in Paragraph 5
above. Upon approval by the City, this proposed operating budget shall be the Operating Budget
(“Operating Budget”) for the next fiscal year of the Project.
9. Maintenance and Repair. Contractor shall cause the Project to be maintained and repaired in a condition
at all times acceptable to the City, including any state or federal requirements regarding the condition of
the property. Obligations under this paragraph shall include, but not be limited to, cleaning, painting,
decorating, plumbing, carpentry, grounds care, and all such other maintenance and repairs as may be
necessary, subject to (i) any limitations imposed by the City and (ii) to those limitations contained herein.
The following provisions shall apply to maintenance and repair of the Project:
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a. A preventive maintenance schedule shall be developed by Contractor for approval by the City. This
Schedule shall be incorporated into the Management Plan.
b. Contractor shall contract with qualified independent contractors for the maintenance and repair of
items beyond the capability of regular maintenance employees.
c. Contractor shall systematically and promptly receive and investigate all requests for maintenance or
repair from residents, take action thereon as may be justified, and keep records of the same.
Contractor shall inform tenants of procedures to obtain maintenance services if an emergency occurs
after normal office hours. Contractor shall have a dedicated phone number and point of contact for
maintenance or repair (including emergencies) requests. Contractor shall maintain a logbook
containing all service requests and maintenance repairs provided, copies of which shall be subject to
inspection by the City. Contractor shall perform the requirements of this Paragraph expeditiously
and shall ensure that each unit occupied by residents is safe and habitable.
d. Subject to the spending limitations set out in this Contract, Contractor is authorized to purchase all
materials, equipment, tools, appliances, supplies, and services necessary to ensure proper
maintenance and repair of the Project.
e. City shall furnish Contractor with a complete set of plans and specifications accurately reflecting the
Project as built and copies of all valid guarantees and warranties pertinent to construction, fixtures,
and equipment. With the aid of this information and inspection by competent personnel, Contractor
shall familiarize itself with the character, location, construction, layout, plan, and operation of the
Project and especially of the electrical, heating, plumbing, air conditioning and ventilating syst ems,
and all other mechanical equipment and systems.
For projects not previously managed by Contractor– Contractor is not responsible for any
substantial deferred maintenance items prior to the beginning date of this Management
Contract. Contractor will conduct a full property and unit inspection within 30 days of beginning
management services. The correction of any substantial deferred maintenance items shall not be
included as part of this Agreement and it will be necessary to execute a subsequent agreement for their
correction.
10. Rent and Rent Adjustments. Initial rents and subsequent rent adjustments are subject to City Approval.
11. Utilities and Services. Contractor shall make arrangements for all unit to have utilities, sewage, rubbish
collection, and vermin extermination. Contractor has the authority to execute such contracts on behalf of
City as may be necessary to secure such services, subject to the limitations described in Paragraph 5 of
this Exhibit A. For areas outside of the units, such as common areas and shared laundry facilities, they
are covered by the attendant HOA.
12. Enforcement of Residential Lease. Contractor is responsible for securing the full compliance of each
resident with the terms of the Residential Lease.
13. Orientation/Training. Contractor and appropriate personnel shall attend orientation or training sessions
as may be required by the City.
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14. Resident Counseling. Contractor shall, consistent with sound management of the Project, make referrals
to available community social service agencies in cases of financial hardship or under similar
circumstances that could lead to termination of a tenancy or eviction.
15. Termination of Tenancies or Evictions. Subject to City approval, Contractor may take action to
terminate or evict any tenants where in Contractor’s judgment, sufficient cause for such termination or
eviction exists under the terms of the Residential Lease. If Legal Counsel is required to pursue an eviction,
Contractor shall notify the City of such a need. The City Attorney’s Office shall thereafter obtain Legal
Counsel as determined appropriate by the City Attorney. Contractor shall keep City informed of the
progress of such actions if requested.
16. Compliance with Laws and Regulations. Contractor shall use commercially reasonable efforts to
comply with all federal, state and municipal laws, ordinances, regulations and orders relative to the
leasing, use, operation, repair and maintenance of the Property as such apply to Contractor in th e
performance of its duties hereunder, including laws prohibiting discrimination in housing, employment
laws (including those related to unfair labor practices), laws dealing with the proper handling, accounting
and disbursement of tenant damage or securit y deposits, laws regarding the storage, release and disposal
of hazardous materials and toxic substances, including without limitation, asbestos, petroleum and
petroleum products by Contractor. Contractor and City each shall notify the other of any notice of
violation of law with respect to the Property that it receives from any governmental authority or any notice
of violation or required corrective action that it receives from any board of fire underwriters or similar
agency. Contractor agrees and acknowledges that it shall be responsible for, and shall use commercially
reasonable efforts to, keep the Property in compliance with all bond and lender requirements, regulatory
agreements and all other agreements and regulations applicable to the operation of the Property and, in so
doing, Contractor shall make all submissions and filings required by such agreements and regulations,
subject to the limitations described in Paragraph 2 of this Exhibit A.
17. Nondiscrimination. Contractor shall ensure that services and facilities are provided without regard to
ethic group identification, race, color, ancestry, religion, national origin, creed, age, sex, marital status,
physical or mental disability, or political affiliation in compliance with State and Federal laws related to
discrimination (including housing), including, but not limited to, Title IX of the Education Amendments
of 1972; Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and the regulations issued pursuant
thereto (24 CFR Part I); Executive Order 11063 and the regulations issued pursuant thereto (25 CFR
570.601); Title VII of the 1964 Civil Rights Act (42 U.S.C. 2000-d); Title VIII of the 1968 Civil Rights
Act (Public Law 90-384); the Age Discrimination Act of 1975 (42 U.S.C. 6101); the Americans with
Disabilities Act of 1990 (and as subsequently amended and attendant regulations); Government Code
section 11135 et. seq., and Section 504 of the 1974 Rehabilitation Act.
18. Fidelity Bond. Contractor shall furnish, as a Project expense, a fidelity bond.
19. Inspection of Units. Contractor shall inspect all units in the Project at least annually or as otherwise
required by law or the City.
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20. Bids, Discounts, Rebates, and Commissions. Contractor shall obtain contracts, materials, supplies, and
services on the most advantageous terms available to the Project and shall solicit formal bids for each
major item or service as required by the City and/or regulatory agreement(s). Contractor shall secure and
credit to the General Operating Account all discounts, or commissions obtainable with respect to
purchases, service contracts, and other transactions on City’s behalf. Contractor shall not have a financial
interest in contracts or procurement of services under this Paragraph.
21. Specific Performance Requirements. In addition to any other requirement mandated by the Agreement:
a. Contractor shall maintain a monthly occupancy rate of 95%.
b. Contractor shall begin filling a vacancy within five (5) days of said vacancy and shall complete
filling said vacancy within 30 days thereafter unless otherwise agreed upon by the City.
c. Contractor shall take immediate action on delinquent rents, lease violations, and resident caused
damage.
d. Contractor shall respond to routine work requests within three (3) days.
e. Contractor shall respond to HOA requests or inquires within three (3) days.
f. Contractor shall respond to emergencies immediately and complete work within 24 hours unless
there are extenuating circumstances.
g. Contractor shall lease units under terms required by the City and enforce said terms.
h. Contractor shall maintain the grounds, common areas, and ensure units are maintained in a decent,
safe, and sanitary condition.
i. Contractor shall, within 24 hours, Contractor shall notify City of any police, fire, or health-related
emergency activity.
22. Site Manager. Contractor shall designate an individual to serve as and to perform the duties of a Site
Manager for all the Scattered Sites.
23. Scattered Sites Descriptions. The Scattered Sites shall consist of the following properties: 2232
Huntington Point Rd #54 / 2260 Huntington Point Rd. #98 / 2264 Huntington Point Rd. #101 / 532 Anita
Street #101 / 536 Anita Street #86 / 1547 Broadway #37 / 621 D Street #109
3. Term/Completion Date: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall
begin on August 1, 2022 and end on June 30, 2022.
4. Compensation:
1. [Contract Service] Contractor’s services to be covered by the Management Fee include the following:
Off-site overhead
Supervision
Preparation of financial statements and reports as agreed
Payroll and benefit processing
Off-site computer processing
Project bookkeeping and accounting
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[Project Costs] Services not covered by the Management Fee, but which are covered via the Operating
Budget and General Operating Account include the following:
Employee costs including pay, benefits, taxes, and social security
Fidelity insurance, errors and omissions insurance, E.P.L.I ., cyber insurance,
tenant discrimination insurance & workers compensation insurance
Project Operating expenses
Maintenance & repairs
On-site telephone & computer costs including software &
hardware maintenance costs
Annual audit and other owner reports not required by
this Agreement.
On-site computer costs (hardware and software) & processing
To the extent Contractor provides services identified in this section, they shall be paid at the hourly rate
so specified from the Operating Budget in the amounts set forth in Section 2 [Service Fee], Paragraph B
[Specified Project Costs] of this Paragraph 4 described below.
2. [Compensation].
A. [Service Fee] Contractor shall be compensated for its services under this contract by a monthly fee
(“Management Fee”) to be paid out of the General Operating Account. The monthly fee shall be 6.75%
of all residential, commercial, and miscellaneous income collected derived from the Project’s income,
including additional subsidy amounts, in the total not to exceed amounts set forth below.
Term Amount
Initial $12,600
Option Year 1 $12,978
Option Year 2 $13,368
Option Year 3 $13,769
Option Year 4 $14,182
Total $66,897
B. [Specified Project Costs] The following fees will be paid in addition to the Contractor’s Compensation
(identified the Operating Budget and paid from the General Operating Account):
Hourly Rate for Site Manager services billed at $25.00 per hour.
Hourly Rate for Maintenance services billed at $25.00 per hour.
Hourly Rate for Compliance services billed at $25.00 per hour.
Mileage reimbursement for visiting the sites at the IRS rate for mileage reimbursement.
Software Expenses of $550 per year as follows:
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o Yardi Costs at $40 per year per unit or $280 per year
o Email connection fee at $10 per month or $120 per year
o Anti-virus software proration at $150 per year
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider via the Service
Fee for services performed through June 30, 2027, shall not exceed $66,897.
5. Special Provisions
☐ Permitted Sub-Contractor/Service Providers: None
☒ Security for Performance: Provide Fidelity Bond as stated in the Agreement
☒ Notwithstanding the term/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. 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 as agreed by the Parties. 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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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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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: Naader Ho
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 p articipates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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August 9, 2022
ITEM TITLE
Agreement and Appropriations: Approve an Agreement with Ace Parking for Parking Management and
Enforcement in the Downtown Parking District and Maintenance Services for the Towne Center Parking
Structure and Appropriate Funds For That Purpose
Report Number: 22-0222
Location: Downtown Parking District & Towne Center Parking Structure
Department: Finance
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 approving an agreement with Ace Parking for parking management and enforcement in
the Downtown Parking District and maintenance services for the Towne Center Parking Structure in an
amount not to exceed $2,064,555 for up to five years and appropriating $20,000 from the Parking Meter
Fund to reflect the new agreement amount. (4/5 Vote Required)
SUMMARY
The City issued a request for proposal for parking management and enforcement services for the Downtown
Parking District and maintenance services for the Towne Center Parking Structure. Three bidders submitted
proposals. After an evaluation, a selection committee recommended Ace Parking. In this action, staff
recommends approval of a two-year agreement with Ace Parking with up to three (3) one-year renewal
options. Staff also recommends an appropriation of $20,000 from the Parking Meter Fund to reflect the new
agreement amount with Ace Parking.
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
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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.
DISCUSSION
Chula Vista Municipal Code Section 10.62.010.B authorizes the City to enter into a contract with a duly
qualified company approved by the Chief of Police to provide enforcement of infraction violations of specified
chapters of the Chula Vista Municipal Code (CVMC): 10.52, stopping, standing and parking; 10.56, parking
meters, parking meter zones and permit parking; and 10.60, loading zones.
The City has contracted for parking management and enforcement services in the Downtown Parking District
since 2009. The City Council awarded Ace Parking the initial contract for parking management and
enforcement services in the Downtown Parking District in 2009, and Ace Parking has provided these services
since. Additionally, the City Council awarded Ace Parking the initial contract for parking m aintenance
services in the Towne Center Parking Structure in 2020, and Ace Parking has provided these services since.
The Downtown Parking District is the only parking district in which the City contracts for parking
enforcement. The Downtown Parking District is bordered by E Street, Del Mar Avenue, H Street and Garrett
Avenue. It provides more than 1,400 parking spaces through surface parking lots, street metered spaces, and
a parking structure.
The City issued a request for proposal (RFP) for parking management and enforcement services in the
Downtown Parking District, and maintenance services for the Towne Center Parking Structure that closed in
May 2022. Ace Parking, LAZ Parking and SP Plus Corporation submitted proposals in response to the RFP.
The City’s selection committee has reviewed and scored the proposals and recommends the award be made
to Ace Parking. As required by the CVMC, Chief of Police Roxana Kennedy is in favor of the recommendation.
Staff is recommending the City enter into an initial twenty-three-month agreement from August 1, 2022 to
June 30, 2024 with Ace Parking with up to three (3) one-year renewal options for a total of five (5) years. If
the City exercises an option to extend, each extension will result in an increase of five (5) percent for each
extension. Staff is also recommending an appropriation from the available balance of the Parking Meter Fund
in the amount of $20,000 to reflect the new agreement amount.
The following table reflects the anticipated yearly expens es for parking management, maintenance and
enforcement services in the Downtown Parking District and Towne Center Parking Structure, assuming the
agreement is approved and all extensions are authorized.
Description YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
Downtown Parking District $ 277,878 $ 291,772 $ 306,361 $ 321,679 $ 337,763
Towne Center Parking Structure $ 95,754 $ 100,542 $ 105,569 $ 110,847 $ 116,390
Total Expenses $ 373,632 $ 392,314 $ 411,930 $ 432,526 $ 454,153
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The entire amount for this agreement is $2,064,555 if all extensions are executed.
It is anticipated that the revenues generated in the Downtown Parking District will be sufficient to cover the
expense of the agreement.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that Mayor Salas has real property
holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently,
pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a
disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't
Code § 87100, et seq.) for the above-identified member.
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
Revenues and expenditures related to the Downtown Parking District are accounted for in the Parking Meter
Fund. The following table reflects the anticipated yearly expenses for parking management, maintenance
and enforcement services, assuming the agreement and is approved and all extensions are authorized.
Description YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
Downtown Parking District $ 277,878 $ 291,772 $ 306,361 $ 321,679 $ 337,763
Towne Center Parking Structure $ 95,754 $ 100,542 $ 105,569 $ 110,847 $ 116,390
Total Expenses $ 373,632 $ 392,314 $ 411,930 $ 432,526 $ 454,153
The fiscal year 2023 budget for contractual services is insufficient to fund the new amount for year 1 of this
agreement. Staff recommends appropriating an additional $20,000 in the current fiscal year from the
available fund balance of the Parking Meter Fund for this purpose.
ONGOING FISCAL IMPACT
The Ace Parking agreement will result in an annual increase to the Parking Meter Fund budget to account for
the annual increases for these services. The Parking Meter Fund budget will be adjusted accordingly and
these changes will be considered by the City Council as part of the normal annual budget process.
It is anticipated that revenues generated in the Downtown Parking District will continue to be sufficient to
cover the ongoing expenses related to the Ace Parking agreement.
ATTACHMENTS
1. Ace Parking Two Party Agreement FY23 – FY24
Staff Contact: Sarah Schoen, Director of Finance
Meya Alomar, Revenue Manager
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1 City of Chula Vista Agreement No.: 2022-113
Service Provider Name: ACE PARKING Rev. 2/4/21
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH ACE PARKING
TO PROVIDE PARKING MANAGEMENT AND ENFORCEMENT SERVICES
This Agreement is entered into effective as of August 1, 2022 (the “Effective Date”) by and between the
City of Chula Vista, a chartered municipal corporation (City) and ACE PARKING, a California Corporation)
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, City requires professional services in order to manage and enforce parking in the City’s
Downtown Parking District – including enforcing infraction violations of the Chula Vista Municipal Code related
to parking, loading zones and meters, collecting parking meter revenues, and maintaining parking meters and
parking structure; and
WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista
Municipal Code Section 2.56.080 for contracts exceeding $100,000, received three (3) proposals, and selected
Contractor/Service Provider as the most qualified amongst those submitting; and
WHEREAS, the Downtown Parking District was established in 1963 and consists of approximately 1,400
spaces. The District includes on-street individually metered spaces, multi-space meters located in eight public
parking lots, one free public parking structure, and non-metered spaces; 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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Service Provider Name: ACE PARKING 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 corresponding 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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Service Provider Name: ACE PARKING 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 charges 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 budget.
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 Pro ject 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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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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Service Provider Name: ACE PARKING 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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Service Provider Name: ACE PARKING 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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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 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.
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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 (collectively “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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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 any 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 identified
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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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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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.
ACE PARKING CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Keith Jones MARIA KACHADOORIAN
Ace Parking, Principal CITY MANAGER
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
https://chulavistaca-my.sharepoint.com/personal/mshirey_chulavistaca_gov/Documents/Covid-19 Work From Home/Parking/Agreements/ACE No2/Agreement/ACE-
ParkingTwoPartyAgrmtFY23-FY24-7.25.22-EScribeFinal.docx
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Meya Alomar
276 Fourth Avenue, Chula Vista, CA 91910
619-858-5688
malomar@chulavistaca.gov
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:
ACE PARKING
645 Ash Street, San Diego, CA 92101
619-233-6624
kjones@aceparking.com
For Legal Notice Copy to:
Keith Jones, Ace Parking
645 Ash Street, San Diego, CA 92101
619-233-6624
kjones@aceparking.com
2. Required Services
A. General Description:
Ace Parking will provide parking management, enforcement and maintenance services for the Downtown
Parking District in order to enforce Chula Vista Municipal Code section 10.62, issue parking citations, collect
parking meter revenues, and maintain parking meters and parking structure.
B. Detailed Description:
Parking Management and Enforcement
Ace Parking will provide parking management and enforcement services for the Downtown Parking District
in order to enforce Chula Vista Municipal Code section 10.62, issue parking citations, collect parking meter
revenues, and maintain parking meters.
Services and Staffing
Ace Parking will be responsible for the following:
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Hours of Operation and Staffing – Ace Parking will enforce Chula Vista Municipal Code 10.62 by issuing
parking citations, collecting parking meter revenues and maintaining parking meters. Enforcement operating
hours are Monday through Saturday from 9:00 a.m. – 6:00 p.m. At a minimum Contractor/Service Provider will
ensure there is one (1) Enforcement Officer on patrol during metered parking operating hours. Enforcement will
be consistent with scheduled shifts and routes. An Operations Manager will complete every management
responsibility of the parking operation including staffing, training, tracking and collections.
Enforcement Strategies – Contractor/Service Provider will provide consistent enforcement with regularly
scheduled shifts and routes. Contractor will take a proactive approach to the parking enforcement and
maintenance tasks. The Operations Manager will regularly review enforcement officer’s activity to make sure
the average numbers of citations are being issued. Ace will continue to utilize Duncan’s handheld ticket issuing
units to issue violations and upload data to a central server.
Duncan Solutions is an approved subcontractor to consultant that provides services for the issuance, collection,
appeals, and back office processing of parking citations. Contractor will use Galaxy 8 Note Handheld Ticket
Issuance Device. Duncan's AutoPROCESS™ citation processing system is the foundation of the
comprehensive, turnkey parking management solution that manages the entire parking citation lifecycle,
including citation processing, administrative appeals, permit processing, payment processing, scofflaw
identification, enhanced enforcement sanctions such as DMV registration holds, booting, towing, and tax
intercept programs, and all activities in between.
Storefront Office - Contractor operates a storefront office at 321 3rd Avenue in downtown Chula Vista. This
office is open to the public Monday through Thursday from 10am to 2pm and handles all of the public inquiries
for the Downtown Parking District.
Customer Service Hotline (1-800-925-7275) - In addition to the storefront, contractor will provide the public a
hotline number to call and communicate directly with Ace Parking.
Enforcement Routing and Coverage Procedures - The GEM car is currently being used for circulation around
the enforcement area. Ace will continue to use the GEM car. Ace may recommend the replacement of this
vehicle in the future. It will be the City's financial responsibility to replace the vehicle if both parties agree the
vehicle needs to be replaced. Enforcement Staff will patrol on the GEM car and on foot while patrolling the
off-street facilities. Enforcement Staff will patrol designated routes with staggered-time schedules. Their
primary responsibility will be enforcing parking laws and regulations. Ace will continue to patrol the existing
routes and can make adjustments as needed depending on demand.
Meter Cash Collections - Contractor will collect the cash from the meters Monday thru Thursday. Collection
hours will vary between 6am to 10am. Routes will also vary for the safety of the collection officer and security
of the funds. Contractor will use collection systems that are fully "sealed", eliminating access to the money
collected. The staff collecting the cash will differ from enforcement staff and be trained to perform light
maintenance and cleaning of the machines during their rounds.
Bank Deposits - Ace will deposit the cash from the coin collection at least three times per week and transmit the
funds for citations and permits to the City's account on a monthly basis. The monthly deposit will occur no later
than the 15th of the month and will be accompanied by the monthly settlement report.
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Equipment Maintenance - Contractor will perform light maintenance on the equipment including wiping dirt
and debris, cleaning credit card portals, and other parts of the machine.
Meter Repair- Performance Measures
The City and Ace agree that the following performance standards will be met:
Monday through Saturday from 9:00 am to 6:00 pm (when staff is onsite) meters and multi space pay
stations will be repaired within 1 hour of being notified of a malfunction
Should Ace staff assess that parts will be needed to repair the meter or pay station, notification of
pending repair will be posted (meter will be bagged and tagged appropriately) and meter or pay station
will be repaired within one business day of receipt of parts
Enforcement Hand-held Units and Software - Citations will continue to be issued by Contractor and the Duncan
wireless hand-held devices. The data will be uploaded to a central server and tracked in Contractor's our
database to allow designated City staff access to view citation reports and accounting.
Contractor will supply all parts and cost to be charged back to the City at no additional markup during the term
the contract.
Personnel Staffing Plan
Contractor will staff a Parking Enforcement officer onsite 6 days per week from 9am until 6pm. In addition,
Ace will have an Operations Manager overseeing the operation. One officer will work Monday through
Thursday and another officer will work Friday and Saturday. They will begin patrol no later than 30 minutes
after the start of their shift and will continue their patrol until at least 30 minutes before the end of their shift.
Operations Manager - will oversee the entire parking enforcement program. The Operations Manager will
develop annual budgets, manage the staff schedules, provide and improve effective revenue and enforcement
tracking procedures and overall general operations. Customer service and effectively responding to and
resolving problems will be a key function of the Operations Manager. Upon City's request, the Contractor will
be available for quarterly meetings or as needed with City’s Contract Administrators to ensure Ace Parking is
performing at expected levels, to identify other opportunities and review financial results for the parking
enforcement. Ace believes the regular interaction between the city officers and our operations team can only
improve communication and the working relationships.
In addition to the Operations Manager, three part-time staff members will be utilized. These staff members will
be used in the following way:
Enforcement Officer - will be responsible for all aspects of the parking enforcement. They will circulate around
the on-street parking and enforced lots in the Downtown District. During each circulation, the enforcement staff
will perform light maintenance (trash removal and sweeping). Between circulations, the enforcement personnel
will complete citation administrative procedures. Ace enforcement staff member must meet the following
criteria:
1. Be at least 18 years of age.
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2. Be able to read, write and speak the English language and must be able to write intelligible reports.
3. Have the ability to give and follow oral/written instructions in English.
4. The ability to speak a second language, such as Spanish is highly desirable, but not required.
5. Physically and mentally capable of performing parking enforcement duties.
6. Have the ability to remain calm and use good judgment and initiative in a confrontational or emergency
situation.
6. Have the ability to establish and maintain effective working relationships with the public, downtown business
owners and City personnel.
7. Possess a high school diploma or equivalent.
8. Possess a valid class “C” State of California driver’s license. (On-site personnel only)
9. Pass a background check which includes DMV and criminal.
Collector - The Collector will retrieve coins from all 500 individual and 8 multi space meters, bring it to the
office and with the assistance of the Enforcement Officer (dual custody) will transfer the coins from the sealed
collection cart to deposit bags and deliver to the bank. This person will complete light cleaning of the meters
and ensure they are all in working order. The Collector will perform month end reconciliations with the City of
Chula Vista Finance Department on all deposited coins. The Collector will work Monday through Thursday
5am-10am. The Collector is also responsible for staffing the store front in Chula Vista on Tuesdays and
Thursdays from 10am-12pm and to be available to the public for questions and appeals.
Appeals Administrator - Due to the high volume of citations issued each month, amount of public inquiries,
number of appeals and general questions an Appeals Administrator is required. This employee works Monday –
Friday during business hours and is responsible for:
1. Speaking to the majority of the public in fluent Spanish (A very large percent of callers speak only Spanish)
2. Helping public use online payment system
3. Helping public use online appeal system
4. Helping public use pay by phone system
5. Any customer service issues regarding the parking operation including suggestions, complaints, machine
failures etc.
6. Collecting and filing all public appeals
7. Determining the outcome of all public appeals
8. Public communication/ customer service during non-store front hours
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9. Reporting pay station and meter failures to the enforcement staff for repair
10. Schedules Administrative hearings with the City of Chula Vista
11. Elevates the appeal to management if there are other / elevated circumstances of the appeal for consideration
Conflict Resolution - Contractor will respond to any citizen complaint within 24 hours. Ace will provide an
administrator that answers these calls and can ensure issues are addressed and resolved timely.
In-service Personnel Training Provided by Contractor
All Contractor employees that provide service to the City must be trained through the Ace Learning Lot.
Training includes but is not limited to expectations on the job, service standards, safety on the job, familiarity
with the work site and city codes and the use of Ace Parking’s proprietary systems and City systems.
Parking Enforcement Training - After completing orientation, each team member will receive InMotion! On-
The-Job Training at their job location. For a minimum of five days, a certified trainer will walk the new
employee through their daily roles and responsibilities. In addition, a special safety training, driver training and
radio training are conducted for enforcement officers.
Before Enforcement Officers are allowed to work on their own, they must demonstrate to their instructor that
they are comfortable and confident with the following tasks:
1. Executing established methods, practices, and procedures associated with parking control and enforcement.
2. Public contact protocol.
3. Procedures and precautions related to safe operation of vehicles and familiarity with California driving laws.
4. Knowledge of assigned patrol areas in the Downtown District.
5. Observe and report any suspicious looking vehicles or activity.
6. Enforce the municipal codes; provides information on parking laws to the public.
7. Enforce mandated Chula Vista Municipal Codes as they pertain to parking and the Downtown District
8. Be able to void incorrect citations and record them appropriately
9. Use a vehicle to patrol and to enforce parking laws and regulations.
10. Make court appearances as required.
11. Report damaged or inoperative traffic control equipment and hazards such as broken sidewalks and
pavement, etc.
12. Maintain records and prepare legible reports including logging Daily Activity Reports.
13. Report any irregular or hazardous circumstances to the police station.
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14. Explain parking regulations and provides information to the public; makes and keeps records and reports of
actions taken in the line of duty.
15. Build and maintain positive working relationships with coworkers, other City employees and the public
using principles of good customer service.
Personal Safety Training - Employees undergo a brief personal safety training which teaches employees the
following:
1. Never jump in front of a moving vehicle to stop it.
2. Do not stand behind stopped vehicles. They may not be able to see you if they back up.
3. Be aware of your surroundings at all times.
4. Make yourself visible to other drivers.
5. Never stand in the way of traffic.
6. Always wear a reflective vest
Vehicle Safety & Use - Any employee who drives a vehicle for Ace Parking must complete the following
training on a one-on-one basis with a certified trainer before starting their job. This training should be
conducted throughout an 8-hour shift. Any additional training that a driver receives is at the discretion of the
site manager and certified trainer.
The site-specific driver training familiarizes drivers with procedures and safety hazards at each location. There
is a vehicle-specific drivers manual, based on the Vehicle Operation Manual. Managers, supervisors, or certified
trainers review the manual with the driver before the driver operates a vehicle. In addition, the driver will
accompany a manager, supervisor, or certified trainer on a ride along before operating a vehicle.
Defensive Driving Video - The defensive driving video is a generic training video provided by Ace’s insurance
carriers. It is designed to remind drivers of general defensive driving techniques that they will utilize when
operating a company-owned vehicle.
Training Materials – the following training materials will be provided by Ace Parking:
1. Vehicle Operation Manual
2. Vehicle Inspection Report
3. Chubb issued Defensive Driving video
4. Chubb issued Defensive Driving workbook
5. “In the event of an accident” kit
Customer Service Training (Semi-Annual Requirement) - Throughout the year, Ace Parking’s Training and
Development department visits all locations for mandatory customer service training. Customer service training
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is also part of the onboard/orientation procedure. Additionally, many of Ace Parking’s clients have site specific
or corporate training programs, which they ask our staff to participate in.
Subcontractor
Ace Parking will subcontract with Duncan Solutions for the following: Handheld Writing Units, Backend
Processing Software, and Adjudication software.
Towne Center Parking Structure Maintenance
Cleaning and maintenance of the Town Center Parking Structure (the “Garage”) located at 310 3rd Avenue in
the City of Chula Vista
Contractor/Service Provider shall:
1. CLEANING & MAINTENANCE
A. Schedule Staff Monday through Friday from 5:00am – 9:00am so the Garage can be cleaned, and major
items identified before vehicles start arriving.
B. Focus on high traffic and high visibility areas of the Garage that experience the most use to be
prioritized for cleaning, including entry/exit points, elevators and elevator bays, and stairwells.
C. Establish a checklist for Contractor/Service Provider cleaning personnel that details daily tasks, weekly
jobs and monthly assignments to make sure that they have a very clear understanding of the cleaning
expectations, so everyone is in consensus on what is important.
2. DAILY TASKS
A. Tour garages, pick-up debris off floor
B. Wipe down all railings
C. Hand sweep stairwells and stairs
D. Hand sweep stairwells and stairs Sweep the island on the ground floor to the mezzanine
E. Pick up trash outside the parking garage
F. Squeegee any standing water into drains
G. Check supplies and report any additional ordering to supervisor
H. Keep supply room clean and organized
I. Empty trash receptacles, replace trash bags (minimum twice daily)
J. Wipe down parking equipment
K. Sweep common areas
L. Walk garage, note anything that needs attention
M. Check for graffiti or other possible defacing
N. Blowout & clean up any leaves that have accumulated in the garage
3. WEEKLY PROJECTS
A. Mop stairwells, islands, elevators and elevator lobbies
B. Clean windows and glass surfaces
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C. Wash trash receptacles
D. Clean & vacuum parking office
E. Check equipment, tighten belts, clean using compressed air, etc.
F. Replace signs and light bulbs as needed
G. Wipe down all signs in and around garages
4. MONTHLY DUTIES
A. Clean light fixtures, remove spider webs
B. Clean ceiling pipes
C. Remove gum from floor
D. Replace wheel stops – glue down as needed
E. Perform other large projects that may come up as needed
F. Monthly Sweeping Services to cover entire garage
5. POWER WASHING
A. Power wash entire garage including stairways at least twice per year. Depending on traffic, this service
can be increased for the high-traffic or high-visibility areas of the parking garage.
a. As needed the City and Contractor/Service Provider will negotiate degreasing as needed to
ensure sections of the garage are cleaned to the satisfaction of the City.
6. REPAIRS
A. Contractor/Service Provider shall notify the City Public Work’s Director, in writing, of any repairs it
identifies which need to be performed at the Garage. Notice shall be provided within 24 hours of
Contractor/Service Provider observing the need for the repair.
7. Additional Maintenance Services to be performed by Contractor/Service Provider
A. Provide lighting supplies
B. Sign Replacement
C. Touchup Paint
D. Elevator Maintenance
8. Parking structure maintenance requires prevailing wage and all contract work must be paid and verified
according to the State of California’s Department of Industrial Relations Prevailing Wage regulations
(https://www.dir.ca.gov/oprl/DPreWageDetermination.htm).
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 1,
2022 and end on June 30, 2024 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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☒ Single Fixed Fee. For performance of all of the Required Services by Contractor/Service Provider as herein
required, City shall pay a single fixed fee of $23,157 per month for Parking Management and Enforcement and
$7,979.50 per month for Towne Center Parking Structure Maintenance for the first year, and $24,314 per month
for Parking Management and Enforcement and $8,378.50 per month for Towne Center Parking Structure
Maintenance for the second year, upon completion of all Required Services to City’s satisfaction.
Total not to exceed amount $2,064,555 if all extensions are executed.
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 June 30, 2024 shall not exceed $765,948.00.
5. Special Provisions: .
☒ Permitted Sub-Contractor/Service Providers: Duncan Solutions
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has the option to extend this Agreement
for Three (3) additional terms, defined as a one-year increment. 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 Five (5) percent 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.
☒ None
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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
DocuSign Envelope ID: F1D9DDD6-22BC-4231-87D1-B89F2B528B26
2022/08/09 City Council Post Agenda Page 151 of 535
22 City of Chula Vista Agreement No.: 2022-113
Service Provider Name: ACE PARKING 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
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 “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: Victor De La Cruz
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 p articipates in making a governmental decision; “individual” does not include
corporation or limited liability company).
DocuSign Envelope ID: F1D9DDD6-22BC-4231-87D1-B89F2B528B26
2022/08/09 City Council Post Agenda Page 152 of 535
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND ACE PARKING FOR
PARKING MANAGEMENT AND ENFORCEMENT SERVICES
IN THE DOWNTOWN PARKING DISTRICT AND
MAINTENANCE SERVICES FOR THE TOWNE CENTER
PARKING STRUCTURE AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the City of Chula Vista requires parking management and enforcement
services in the downtown parking district and parking structure maintenance services in the
Towne Center Parking Structure; and
WHEREAS, in order to procure these services the City solicited proposals in accordance
with Chula Vista Municipal Code Section 2.56.080 for contracts exceeding $100,000, received
three (3) proposals, and after the selection committee reviewed each response, they selected Ace
Parking as the most qualified amongst those submitting and recommended the subject agreement
be awarded to Ace Parking; and
WHEREAS, the proposed agreement with Ace Parking is for a two-year period with
three (3) one-year options to extend the agreement; and
WHEREAS, the expense of the agreement will be borne by the Parking Meter Fund and
will be offset by revenue generated in the parking district; and
WHEREAS, staff request an appropriation of $20,000 from the available fund balance to
the Contracted Services expense category of the Parking Meter Fund to amend the budget for the
increased agreement costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the agreement between the City and Ace Parking, 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 to execute the same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
hereby approves an appropriation of $20,000 to the Contracted Services expense category of the
Parking Meter Fund.
2022/08/09 City Council Post Agenda Page 153 of 535
Resolution No.
Page 2
Presented by
Sarah Schoen
Director of Finance/Treasurer
Approved as to form by
Glen R. Googins
City Attorney
2022/08/09 City Council Post Agenda Page 154 of 535
v . 0 03 P a g e | 1
August 9, 2022
ITEM TITLE
Agreement Amendment: Approve the First Amendment to the Agreement with Granicus for Short-Term
Rental Consulting Services
Report Number: 22-0223
Location: No specific geographical location
Department: Finance
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 approving the first amendment to an agreement with Granicus for short-term rental
consulting services for an additional two years resulting in a 5-year term and not-to-exceed amount of
$130,000.
SUMMARY
The City awarded Host Compliance, LLC the contract for short-term rental consulting services in 2019 as a
pilot program to determine the feasibility before adopting the new system. During the first term, Host
Compliance, LLC was acquired by Granicus in November 2019, at which point the agreement was amended
to include the name change. The pilot program was successful, and staff would like to continue the
relationship with Granicus for these services. Staff recommends City Council approval of an amendment to
the agreement to extend the current services for two additional years. City Council is required to approve
this amendment due to the total value of the professional services agreement exceeding $50,000 after the
extension.
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.
2022/08/09 City Council Post Agenda Page 155 of 535
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City issued a request for proposal (RFP) for short-term rental consulting services in 2018. Host
Compliance, LLC, LTAS Technologies, Inc. and Peterson and Price, APC submitted proposals in response to
the RFP. The City’s selection committee reviewed and scored the proposals and recommended the award be
made to Host Compliance, LLC.
The City awarded Host Compliance, LLC the contract for short-term rental consulting services in 2019 as a
pilot program to determine the feasibility before adopting the new system. During the first term, Host
Compliance, LLC was acquired by Granicus in November 2019, at which point the agreement was amended
to include the name change. The pilot program was successful, and staff would like to continue the
relationship with Granicus for these services. Staff recommends City Council approval of an amendment to
the agreement to extend the current services from July 1, 2022 to June 30, 2024. City Council is required to
approve this amendment due to the total value of the professional services agreement exceeding $50,000
after the extension.
Granicus will continue to provide services to the City that include ordinance compliance, legal updates
relating to short-term rental services, collections, reporting, and auditing of platform providers (Airbnb,
VRBO, Craigslist, etc.).
The following table reflects the anticipated yearly expenses for short-term rental consulting services:
Description YEAR 1 YEAR 2
Address Identification $ 12,060 $ 12,904
Compliance Monitoring $ 4,775 $ 5,109
Rental Activity Monitoring $ 6,366 $ 6,812
Mobile Permitting & Registration $ 4,647 $ 4,972
Tax collection $ 4,647 $ 4,972
Total Expenses $ 32,495 $ 34,769
Considering first-year fees were static and all subsequent years are based on the rolling average number of
listings for the prior year, staff recommends a 5-year not-to-exceed amount of $130,000, which provides
growth over the next cycle.
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 Councilmembers 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 Councilmember, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
2022/08/09 City Council Post Agenda Page 156 of 535
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CURRENT-YEAR FISCAL IMPACT
General Fund revenues and expenditures are both projected to be within budget. The following table reflects
the anticipated yearly expenses for short-term rental consulting services:
Description YEAR 1 YEAR 2
Address Identification $ 12,060 $ 12,904
Compliance Monitoring $ 4,775 $ 5,109
Rental Activity Monitoring $ 6,366 $ 6,812
Mobile Permitting & Registration $ 4,647 $ 4,972
Tax collection $ 4,647 $ 4,972
Total Expenses $ 32,495 $ 34,769
Staff will continue to monitor actual revenue receipts and expenditures to determine if any budget
adjustments will be needed in the future.
ONGOING FISCAL IMPACT
The Granicus agreement will result in an increase to the General Fund budget in the second year of the term
to account for the annual increase for these services. All costs incurred for these services are budgeted
annually. The General Fund budget will be adjusted accordingly, and these changes will be considered by the
City Council as part of the normal annual budget process.
ATTACHMENTS
1. Granicus – 1st Amendment to Agreement
Staff Contact: Sarah Schoen, Director of Finance/Treasurer
Meya Alomar, Revenue Manager
2022/08/09 City Council Post Agenda Page 157 of 535
C:\Program Files\eSCRIBE\TEMP\1816399288\1816399288,,,Granicus Resolution.doc
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT OF
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
GRANICUS FOR SHORT-TERM RENTAL CONSULTING
SERVICES
WHEREAS, the City issued a request for proposal (RFP) for short-term rental consulting
services in 2018; and
WHEREAS, Host Compliance, LLC, LTAS Technologies, Inc. and Peterson and Price,
APC submitted proposals in response to the RFP; and
WHEREAS, the City’s selection committee reviewed and scored the proposals and
recommended the award be made to Host Compliance, LLC; and
WHEREAS, the City awarded Host Compliance, LLC the contract for short-term rental
consulting services in 2019 and entered into an agreement (the “Agreement”) regarding the
same; and
WHEREAS, Host Compliance, LLC was acquired by Granicus in November 2019; and
WHEREAS, City and Granicus desire to amend the Agreement to extend current services
for two (2) additional years and increase the not-to-exceed amount to $130,000.00 as more
specifically set forth in the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the amendment to the Agreement, between the City and Granicus,
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 to execute the same.
Presented by: Approved as to form by:
________________________ _______________________
Sarah Schoen Glen R. Googins
Director of Finance/Treasurer City Attorney
2022/08/09 City Council Post Agenda Page 158 of 535
City of Chula Vista Amendment to Agreement No.: 2022-042
Consultant Name: Granicus, INC Rev. 5/27/2021
FIRST AMENDMENT
to Agreement between the
City of Chula Vista
and
Granicus, INC
For Granicus-1st Amendment to Agreement.docx
This FIRST AMENDMENT (Amendment) is entered into effective as of July 1, 2022 (the
“Effective Date”) by and between the City of Chula Vista (City) and Granicus, INC (Consultant)
with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into a Granicus-1st Amendment to
Agreement.docx (the “Original Agreement”) on March 1, 2019; and
WHEREAS, City and Consultant desire to amend the Agreement to Extend current services
for two (2) additional years and increase the Not to Exceed amount to $130,000 as more
specifically set forth below; and
WHEREAS In order to procure these services City solicited proposals in accordance with
Chula Vista Municipal Code Section 2.56.110. C for contracts of $50,000 or more, received three
(3) proposals and selected Consultant as the most qualified amongst those submitting.
NOW, THEREFORE, for valuable consideration and in consideration of the above Recitals
and the mutual obligations of the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, entitled Amended Scope of Work and Payment Terms is hereby amended
as provided in Exhibit A, attached hereto and incorporated herein by this reference.
2. Except as expressly provided herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
3. Each party represents that it has full right, power and authority to execute this FIRST
Amendment and to perform its obligations hereunder, without the need for any further
action under its governing instruments, and the parties executing this Amendment on
the behalf of such party are duly authorized agents with authority to do so.
2022/08/09 City Council Post Agenda Page 159 of 535
City of Chula Vista Amendment to Agreement No.: 2022-042
Consultant Name: Granicus, INC Rev. 5/27/2021
SIGNATURE PAGE TO FIRST
AMENDMENT
TO
GRANICUS-1ST AMENDMENT TO AGREEMENT.DOCX
GRANICUS, INC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
JESSICA YANG* MARIA KACHADOORIAN
MANAGER CITY MANAGER
ATTEST
BY: _________________________________
KERRY K. BIGELOW, MMC
CITY CLERK
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
* Signature authority required.
https://chulavistaca-my.sharepoint.com/personal/mshirey_chulavistaca_gov/Documents/Covid-19 Work From Home/Agreements/Finance/Granicus-
HostCompliance/Granicus-1stAmend2HostComplianceAgt(2)(002)-7.26.22-EScribeFinal.docx
2022/08/09 City Council Post Agenda Page 160 of 535
City of Chula Vista Amendment to Agreement No.: 2022-042
Consultant Name: Granicus, INC Rev. 5/27/2021
EXHIBIT A
AMENDED
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Meya Alomar
276 4th Avenue, Chula Vista CA 91910
619-585-5688
malomar@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.us
B. Contractor/Service Provider Contract Administration:
GRANICUS, INC
408 Saint Peter Street, Suite 600, Saint Paul, MN 55102
800-314-0147
renewals@granicus.com
For Legal Notice Copy to:
Jessica Schubbie
408 Saint Peter Street, Suite 600, Saint Paul, MN 55102
800-314-0147
Jessica.shubbie@granicus.com
2. Required Services
A. General Description:
The Consultant will provide services to the City that include ordinance compliance, (with
recommendations to update as needed), legal updates relating to short rental services,
collections, reporting, and auditing of platform providers (Airbnb, VRBO, Craigslist, etc.). The
Consultant may be asked to represent the City in negotiations with the online short-term rental
services platform providers to ensure compliance with all regional and local laws. The
administration of the TOT ordinance would be limited to short-term rentals and include all
platforms and any platforms that may come online from time to time.
B. Detailed Description:
Consultant to provide:
2022/08/09 City Council Post Agenda Page 161 of 535
City of Chula Vista Amendment to Agreement No.: 2022-042
Consultant Name: Granicus, INC Rev. 5/27/2021
An audit of TOT compliance for short-term rentals provided by the identified platforms above
and any platforms that may come on line from time to time. Administration of a TOT
compliance program for short-term rentals in the City. Assistance with City Ordinances and
Legal updates relating to short-term rentals as needed Reporting and Collections relating to
short-term rentals.
Subscriptions: Subject to and conditioned on City’s payments pursuant to this Agreement,
Consultant hereby grants City a non-exclusive, non-transferable right to access and use the
certain hosted software and provide all other services necessary for City’s productive use of such
software (the “Services“) during the term of this Agreement, in accordance with the terms and
conditions of this Agreement. Services are purchased as subscriptions, additional service
subscriptions may be added during a subscription term, with the pricing for such additional
services, prorated for the portion of that subscription term remaining at the time the subscriptions
are added, and any added subscriptions will terminate on the same date as the underlying
subscription.
Provision of Services. City and City’s end-users (End Users) may access and use the Services
and any other Services that may be ordered by the City from time to time pursuant to a valid
subscription in accordance with the terms of this Agreement.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall
begin July 1, 2022 and end on June 30, 2024 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Subscription Fee. For performance of all of the Required Services by Consultant as herein
required, City shall pay a total fee of $32,495.10 for the first year and $34,769 for the second year.
Fees shall be based on the rolling average number of listings for the prior year.
Subscription fees:
Year 1 Year 2
Address Identification $12,060 $12,904
Compliance Monitoring $4,775 $5,109
Rental Activity Monitoring $6,366 $6,812
Mobile Permitting & Registration $4,647 $4,972
Tax Collection $4,647 $4,972
☒ Time and Materials. For performance of the Required Services by Consultant as identified in
Section 2.B.3., above, City shall pay Consultant for the productive hours of time spent by
Consultant in the performance of the Required Services, at the rates or amounts as indicated
below:
2022/08/09 City Council Post Agenda Page 162 of 535
City of Chula Vista Amendment to Agreement No.: 2022-042
Consultant Name: Granicus, INC Rev. 5/27/2021
Assistance with City Ordinances and legal updates relating to short term rentals as needed at a rate
of $200 per hour. This hourly rate will not apply to the first five (5) hours of these services
performed by Consultant, as the compensation for those five (5) hours is included in the annual
fixed fee.
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
Incremental Postage fees associated with sending certified or registered letters for compliance
notifications.
ACH processing fees which will be passed along to the TOT payee, to the extent explicitly
allowed by law.
Notwithstanding Section 2.2 (Detailed Invoicing) of the Agreement, Consultant invoices shall be
detailed at the level of the categories listed above under 4A and 4B of this Exhibit A. With
regard to Section 2.4 (Retention Policy) of the Agreement, Project Completion shall be defined
as acceptable performance for the prior month and reviewed and determined by the City on a
monthly basis, with any holdback amounts to be issued to Consultant within thirty (30) days of
each invoice.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant pursuant to
this Agreement shall not exceed $130,000.
AND
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services
performed through June 30, 2024 shall not exceed $130,000. If the City exercises its option to
extend the Agreement, the amount to be paid to the Consultant for services provided during the
term of that extension shall not exceed N/A. If the City exercises all additional options to extend
the Agreement, the total amount to be paid to the Consultant for services provided during the initial
and optional extension periods shall not exceed N/A.
5. Special Provisions:
☒ Confidential Information. City understands and agrees that it will not reveal, publish or
otherwise disclose to any person, firm or corporation, without written authorization of
Consultant, or except as required by law, any Confidential Information of Consultant, including
without limitation any trade secrets, confidential knowledge, data or other proprietary
information relating to the Services. “Confidential Information” means all information, written
or oral, relating to the business, operations, services, facilities, processes, methodology,
technologies, intellectual property, research and development, customers, strategy or other
confidential or proprietary materials of Consultant. Notwithstanding the foregoing, Consultant
understands that City is a public agency subject to certain public disclosure laws, including the
Public Records Act. Consultant agrees that City’s compliance with such laws, as determined in
City’s sole discretion, will not constitute breach of this Agreement.
2022/08/09 City Council Post Agenda Page 163 of 535
City of Chula Vista Amendment to Agreement No.: 2022-042
Consultant Name: Granicus, INC Rev. 5/27/2021
☒ Consent to use City Data and Marks. City hereby irrevocably grants all such rights and
permissions in or relating to City data to Consultant: (i) to perform the Services; (ii) to enforce
this Agreement and exercise Consultant rights hereunder; and (iii) to use for any lawful purpose.
City hereby grants to Consultant a license to use, reproduce and display City’s name and logos in
accordance with City’s Graphic Standards and in connection with: (i) Consultant performance of
its obligations hereunder; (ii) include City’s name and logos in its lists of Consultant current or
former customers, and (ii) with City’s prior consent, for promotional and marketing purposes
such as developing promotional press releases, case studies, and reports.
☒ Validated Data. In the course of providing the Services, Consultant performs significant work
validating and confirming various data sets including, without limitation, postal addresses,
property owner information, and listing de-duplication (“Validated Data”). Validated Data may
include data otherwise classified as City data, Services, or Publicly Available Data. City will
endeavor not to disclose Validated Data to a competitor of Consultant during the term of this
Agreement. Notwithstanding the foregoing, Consultant understands that City is a public agency
subject to certain public disclosure laws, including the Public Records Act. Consultant agrees
that City’s compliance with such laws, as determined in City’s sole discretion, will not constitute
breach of this Agreement.
☒ Termination by Consultant. Consultant may terminate this Agreement, effective on written
notice to City, if City fails to pay any amount when due hereunder, and such failure continues
more than 10 days after Consultant’s delivery of written notice hereof.
☒ Exclusion of Warranties. Except as explicitly set forth in this Agreement, Consultant makes
no other representation, warranty or condition, express or implied, and expressly excludes all
implied or statutory warranties or conditions of merchantability, merchantable quality, durability
or fitness for a particular purpose, and those arising by statute or otherwise in law or from a
course of dealing or usage of trade with respect to the Services. Consultant does not make any
representations or warranties of any kind to client with respect to any third party software
forming part of the Services.
☒ Procurement Piggybacking. Consultant agrees to reasonably participate in any
“piggybacking” programs pertinent to local government, and City agrees to reasonably allow any
local government to “piggyback” off of City’s efforts leading to this Agreement.
2022/08/09 City Council Post Agenda Page 164 of 535
v . 0 03 P a g e | 1
August 9, 2022
ITEM TITLE
Employee Compensation and Positions: Approve Amended Classification Plan; Position Counts in
Departments; Amended City Manager Employment Agreement; Salary Adjustments for Certain Positions;
Revised Compensation Schedule; and Budget Amendments
Report Number: 22-0228
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 resolutions: (A) Amending the Compensation Schedule and Classification Plan to reflect the addition
of various position titles and amending the authorized position count in various departments; (B) Approving
the amended City Manager employment agreement; (C) Approving the revised Fiscal Year 2022-23
Compensation Schedule effective August 12, 2022, as required by the California Code of Regulations, Title 2,
Section 570.5; and (D) Making various amendments to the Fiscal Year 2022-23 budget to appropriate funds
for that purpose. (4/5 Vote Required)
SUMMARY
In an effort to address the needs of various departments and the City's workforce, the Human Resources
Department, in conjunction with the affected departments, is proposing the addition and deletion of certain
classifications and salary adjustments for certain positions.
Staff is also recommending approval of the revised Fiscal Year 2022-2023 Compensation Schedule effective
August 12, 2022, and the City Manager employment agreement.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
2022/08/09 City Council Post Agenda Page 165 of 535
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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
The Civil Service Commission is slated to approve the new classification at their August 4, 2022, meeting.
DISCUSSION
Compensation Schedule and Classification Plan
Civil Service Rule 1.02(A), which applies to the City’s classified positions, provides for necessary reviews and
changes so that the City’s classification plan is kept current, and that changes in existing classes, the
establishment of new classes, or the abolition of classes are properly reflected in the classification plan.
In an effort to address the needs of various departments and the City's workforce, the Human Resources
Department, in conjunction with the affected departments, is proposing certain position changes. The
following identifies the affected positions and proposed changes.
Department Position Title FTE
General Fund
Administration Senior Management Analyst -1.00
Special Projects Manager 1.00
Engineering and Capital Projects Associate Engineer -1.00
Senior Land Surveyor 1.00
Finance Senior Accountant 1.00
Fire Fire Prevention Engineer/Investigator -1.00
Senior Fire Inspector/Investigator 1.00
General Fund Total 1.00
Measure A Fund
Fire
Fire Captain 2.00
Fire Engineer 2.00
Firefighter/Paramedic 3.00
Senior Application Support Specialist 1.00
EMS Inventory Control Specialist 1.00
Measure A Fund Total 9.00
Total City-Wide Position Changes (Net Increase/Decrease) 10.00
2022/08/09 City Council Post Agenda Page 166 of 535
P a g e | 3
Summary of New and Updated Classifications
Position Title Employee Group Bi-Weekly
E Step
Animal Care Facility Supervisor ACE $3,122.77
FA IVDC-LECC Executive Director SM $5,589.46*
Information Technology Security Analyst PROF $4,630.20
Senior Assistant City Attorney SM $8,057.84
* Salary is effective January 1, 2022
City Manager Employment Agreement
On June 9, 2020, the City Council approved the appointment of Maria Kachadoorian as City Manager effective
June 20, 2020, and Ms. Kachadoorian’s employment agreement. Council subsequently approved an amended
employment agreement at their meeting of August 10, 2021.
On July 26, 2022, the City Council convened in closed session to consider the City Manager’s evaluation of
performance; a contract amendment was subsequently reached to provide a 3.2% salary adjustment to
$300,002 annually and the maximum annual life insurance provided by the City’s benefit plan effective
August 12, 2022, and staff is requesting Council approval of the amended employment agreement.
Approval of Resolution B will approve the amended employment agreement.
Compensation for Councilmembers, the Mayor and elected City Attorney
Sections 302, 304(c) and 503(c) of the City of Chula Vista City Charter establishes the compensation for
Councilmembers, the Mayor and elected City Attorney, respectively, based upon the formulas set forth in
those sections. The City received notification from the Judicial Council of California on July 20, 2022, of a
salary change for the position of Judge of the Superior Court of the State of California, to which the salaries
for Councilmembers, the Mayor and elected City Attorney are tied and made the appropriate changes
retroactive to July 1, 2022. Staff made the change to the salary rates for Mayor, Councilmembers and City
Attorney upon notification from the State of California (in accordance with the City Charter), and the Mayor,
Councilmembers and City Attorney are receiving this pay rate.
Compensation Schedule Requirement
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring
employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets
certain requirements and be approved by the governing body in accordance with the requirements of the
applicable public meeting laws. The revised Fiscal Year 2022-2023 Compensation Schedule ("Compensation
Schedule") was last approved by the City Council at their meeting of July 12, 2022.
Approval of Resolution C will approve the revised Compensation Schedule effective August 12, 2022, which
reflects: (1) the addition of the Animal Care Facility Supervisor and Information Technology Security Analyst
position titles; (2) the salary adjustment for City Manager; the salary adjustment for the FA IVDC-LECC
Executive Director position effective January 1, 2022, (3) employee group change for the Senior Assistant
City Attorney from Executive Management to Senior Management and (4) the adjusted salaries for Mayor,
2022/08/09 City Council Post Agenda Page 167 of 535
P a g e | 4
Councilmembers and City Attorney (Elected) in accordance with City Charter sections 302, 304(C) and
503(C) effective July 1, 2022.
Budget Amendments
Approval of Resolution D will amend the budget and appropriate funds therefor.
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.
CURRENT-YEAR FISCAL IMPACT
The net fiscal impact to the General Fund is estimated to total $47,783, which will be offset in full by
unanticipated Property Tax revenues. The net fiscal impact to Other Funds is estimated to total $1,211,793,
which will be offset in full by the available balance of the Measure A Sales Tax Fund.
Staff is requesting the proposed budgetary adjustments reflected in the table below:
ONGOING FISCAL IMPACT
Ongoing fiscal impacts associated with the proposed changes are estimated to total approximately $54,513
for the General Fund, and approximately $1,361,902 for the Measure A Sales Tax Fund. The overall cost in
future years will vary based on cost of living adjustments and benefit changes. Such costs will be incorporated
into the baseline salary budgets of the respective departments in future fiscal years.
GENERAL FUND BUDGET ADJUSTMENTS SUMMARY
Department Personnel Services Revenues Net Cost
Administration 30,014 - 30,014
Engineeering and Capital Project 17,769 - 17,769
Non-Departmental - (47,783) (47,783)
TOTAL EST. GENERAL FUND COST 47,783 (47,783) -
OTHER FUNDS BUDGET ADJUSTMENTS SUMMARY
Fund/Department Personnel Services Revenues Net Cost
2018 Measure A Sales Tax Fund
(Fire)1,211,793 - 1,211,793
TOTAL EST. OTHER FUNDS COST 1,211,793 - 1,211,793
2022/08/09 City Council Post Agenda Page 168 of 535
P a g e | 5
ATTACHMENTS
1. Memorandum from the Judicial Council of California dated July 19, 2022
2. Revised Fiscal Year 2022-2023 Compensation Schedule effective August 12, 2022
Staff Contacts: Courtney Chase, Director of Human Resources/Risk Management and Tiffany Allen, Deputy City
Manager
GENERAL FUND
Department Personnel Services
Administration 34,092
Engineeering and Capital Project 20,421
TOTAL EST. GENERAL FUND COST 54,513
OTHER FUNDS
Fund/Department Personnel Services
2018 Measure A Sales Tax Fund
(Fire)1,361,902
TOTAL EST. OTHER FUNDS COST 1,361,902
2022/08/09 City Council Post Agenda Page 169 of 535
JUDICIAL COUNCIL OF CALIFORNIA
455 Golden Gate Avenue . San Francisco, California 94102-3688
Telephone 415-865-4200 . Fax 415-865-4205 . TDD 415-865-4272
MEMORANDUM
Date
July 19, 2022
To
Associate Justices of the Supreme Court
Associate Justices of the Courts of Appeal
Judges of the Superior Courts of California
From
Martin Hoshino
Administrative Director, Judicial Council
Subject
Fiscal Year 2022‒23 Judicial Salary Increase
Action Requested
For Your Information
Deadline
N/A
Contact
Evelyn Ramos, Human Resources Supervisor
415-865-4296 phone
evelyn.ramos@jud.ca.gov
I am forwarding the attached Exempt Pay Letter from the California Department of Human
Resources (CalHR) regarding fiscal year 2022–23 judicial salary increases.
The pay letter addresses a 1.80% increase to judicial salaries effective July 1, 2022, pursuant to
provisions of Government Code section 68203, subdivision (a).
Annual increases in judicial salaries are linked to those received by executive branch employees,
as negotiated through statewide collective bargaining agreements. After bargaining agreements
are reached, CalHR calculates the proposed increase amount and submits a formal Exempt Pay
Letter to the State Controller.
The methodology CalHR uses to calculate judicial salary increases under section 68203 is based
on salary costs related to all state employees within the executive branch. This methodology
calculates an average general salary increase relative to the state’s entire executive branch
workforce, which includes 21 bargaining units as well as the remaining excluded employees. The
methodology takes into account the size of the bargaining unit and the total costs of general
salary increases across the entire executive branch.
2022/08/09 City Council Post Agenda Page 170 of 535
July 19, 2022
Page 2
The attached Exempt Pay Letter from CalHR does not include a general salary increase for seven
Bargaining Units which still have open contracts. In the event that agreements are reached and
ratified and a general salary increase provided to those state employees changes the judicial
increase percentage, a second adjustment may be made and CalHR would process additional
Exempt Pay Letters, retroactive to July 1, 2022.
Per Government Code section 68203, subdivision (c): “…a salary increase occurring on or after
July 1 of any fiscal year for California state employees that is made effective on July 1 of that
fiscal year shall be included in the calculation of the average percentage salary increase for that
fiscal year, retroactive to July 1 of that fiscal year. The Department of Human Resources shall
report any retroactive average percentage salary increase to the State Controller in a pay letter.”
The new salary rates will be reflected in the July 2022 payroll checks issued on August 1, 2022.
Please note that administrative presiding justices and presiding judges will continue to receive
additional pay differentials to their compensation.
MH/fnk
Attachment
cc: Hon. Tani G. Cantil-Sakauye, Chief Justice of California
Mr. Jorge Navarrete, Clerk/Executive Officer of the Supreme Court
Clerk/Executive Officers of the Courts of Appeal
Court Executive Officers of the Superior Courts
Human Resources Liaisons of the Courts of Appeal and Superior Courts
Ms. Millicent Tidwell, Chief Deputy Director, Judicial Council
Mr. John Wordlaw, Chief Administrative Officer, Judicial Council
Mr. Robert Oyung, Chief Operating Officer, Judicial Council
Ms. Aurora Rezapour, Human Resources Director, Judicial Council
2022/08/09 City Council Post Agenda Page 171 of 535
Exempt Program
1515 S Street, North Building, Suite 500
Sacramento, CA 95811
(916) 324-9381; Fax (916) 327-1886
Governor Gavin Newsom
Secretary, Government Operations Agency Amy Tong
Director Eraina Ortega
July 19, 2022
State Controller’s Office
300 Capitol Mall
Sacramento, CA 95814
Subject: Exempt Pay Letter
Per Government Code section 68203, this is to notify you that the Department of
Human Resources (CalHR) has adjusted the following statutory judicial salaries,
effective July 1, 2022. This represents a salary increase of 1.80% percent based
on the figures of the average increase provided to State employees in FY 2022-
2023.
Please note that the monthly rate may be rounded down so that the total for the twelve
months does not exceed the annual amount. If you have any questions, please contact
Angelina Snarr at (916) 324-9406 or Angelina.Snarr@calhr.ca.gov.
Sincerely,
Manpreet Singh
Exempt Program Manager
(916) 323-4023
Class
Code
Class Title
Monthly
Salary
Annual
Salary
New Monthly
Salary
New Annual
Salary
L5987 Chief Justice $24,008.33 $288,100 $24,440.50 $293,286
L5988 Associate
Justice $22,894.33 $274,732 $23,306.41 $279,677
L5991 Justice, Court of
Appeal $21,463.50 $257,562 $21,849.83 $262,198
L9999 Judge, Superior
Court $18,756.16 $225,074 $19,093.75 $229,125
2022/08/09 City Council Post Agenda Page 172 of 535
State Controller’s Office
Page 2
cc: Martin Hoshino, Administrative Director
Millicent A. Tidwell, Chief Deputy Director
John Wordlaw, Chief Administrative Officer
Aurora Rezapour, Director, Human Resources Office
Felizia Nava-Kardon, Deputy Director, Human Resources
Evelyn Ramos, Human Resources Supervisor
2022/08/09 City Council Post Agenda Page 173 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 1 of 69
3633 CONF ACCOUNTANT
0 30.30 2,423.63
1 31.81 2,544.82
2 33.40 2,672.05
3 35.07 2,805.66
4 36.82 2,945.94
3641 ACE ACCOUNTING ASSISTANT
0 22.43 1,794.22
1 23.55 1,883.93
2 24.73 1,978.15
3 25.96 2,077.03
4 27.26 2,180.88
3643 CONF ACCOUNTING TECHNICIAN
0 26.04 2,083.57
1 27.35 2,187.75
2 28.71 2,297.13
3 30.15 2,411.99
4 31.66 2,532.59
3675 ACE ACCOUNTING TECHNICIAN
0 26.04 2,083.57
1 27.35 2,187.75
2 28.71 2,297.13
3 30.15 2,411.99
4 31.66 2,532.59
3647 CONF ACCOUNTING TECHNICIAN II (T)
0 28.37 2,269.69
1 29.79 2,383.17
2 31.28 2,502.33
3 32.84 2,627.45
4 34.49 2,758.82
3677 ACE ACCOUNTING TECHNICIAN II (T)
0 28.37 2,269.69
1 29.79 2,383.17
2 31.28 2,502.33
3 32.84 2,627.45
4 34.49 2,758.82
3645 ACE ACCOUNTS PAYABLE SUPERVISOR
0 32.63 2,610.13
1 34.26 2,740.65
2 35.97 2,877.68
3 37.77 3,021.56
4 39.66 3,172.62
2022/08/09 City Council Post Agenda Page 174 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 2 of 69
0149 CONF ADMINISTRATIVE SECRETARY
0 27.72 2,217.25
1 29.10 2,328.12
2 30.56 2,444.51
3 32.08 2,566.74
4 33.69 2,695.08
0179 ACE ADMINISTRATIVE SECRETARY
0 27.72 2,217.25
1 29.10 2,328.12
2 30.56 2,444.51
3 32.08 2,566.74
4 33.69 2,695.08
0180 UCHR ADMINISTRATIVE SECRETARY
0 27.72 --
1 29.10 --
2 30.56 --
3 32.08 --
4 33.69 --
0154 CONF ADMINISTRATIVE SECRETARY-MAYOR
0 27.72 2,217.25
1 29.10 2,328.12
2 30.56 2,444.51
3 32.08 2,566.74
4 33.69 2,695.08
0215 SM ADMINISTRATIVE SERVICES MGR
0 49.72 3,977.41
1 -- --
2 -- --
3 -- --
4 60.43 4,834.56
0181 ACE ADMINISTRATIVE TECHNICIAN
0 27.72 2,217.25
1 29.10 2,328.12
2 30.56 2,444.51
3 32.08 2,566.74
4 33.69 2,695.08
5316 UCHR ANIMAL CARE AIDE
0 15.34 --
1 16.10 --
2 16.91 --
3 17.75 --
4 18.64 --
2022/08/09 City Council Post Agenda Page 175 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 3 of 69
5317 ACE ANIMAL CARE FACILITY SUPVR
0 32.11 2,569.11
1 33.72 2,697.57
2 35.41 2,832.44
3 37.18 2,974.07
4 39.03 3,122.77
5343 ACE ANIMAL CARE SPECIALIST
0 20.11 1,608.82
1 21.12 1,689.25
2 22.17 1,773.71
3 23.28 1,862.41
4 24.44 1,955.52
5344 UCHR ANIMAL CARE SPECIALIST
0 20.11 --
1 21.12 --
2 22.17 --
3 23.28 --
4 24.44 --
5319 ACE ANIMAL CARE SUPERVISOR
0 27.93 2,234.01
1 29.32 2,345.71
2 30.79 2,463.00
3 32.33 2,586.16
4 33.94 2,715.45
5303 ACE ANIMAL CONTROL OFFICER
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
5305 UCHR ANIMAL CONTROL OFFICER
0 24.13 --
1 25.34 --
2 26.61 --
3 27.94 --
4 29.33 --
5304 ACE ANIMAL CONTROL OFFICER SUPVR
0 27.75 2,220.16
1 29.14 2,331.16
2 30.60 2,447.71
3 32.13 2,570.10
4 33.73 2,698.62
2022/08/09 City Council Post Agenda Page 176 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 4 of 69
5309 ACE ANIMAL SERVICES SPECIALIST
0 21.94 1,755.07
1 23.04 1,842.82
2 24.19 1,934.96
3 25.40 2,031.72
4 26.67 2,133.29
3083 MM APPLICATIONS SUPPORT MANAGER
0 47.02 3,761.56
1 49.37 3,949.64
2 51.84 4,147.12
3 54.43 4,354.48
4 57.15 4,572.20
3088 PROF APPLICATIONS SUPPORT SPEC
0 39.78 3,182.07
1 41.76 3,341.18
2 43.85 3,508.23
3 46.05 3,683.64
4 48.35 3,867.83
7741 ACE AQUARIST
0 24.98 1,998.44
1 26.23 2,098.32
2 27.54 2,203.24
3 28.92 2,313.42
4 30.36 2,429.09
7579 ACE AQUATIC SUPERVISOR I
0 25.88 2,070.77
1 27.18 2,174.30
2 28.54 2,283.03
3 29.96 2,397.17
4 31.46 2,517.03
7577 ACE AQUATIC SUPERVISOR II
0 28.47 2,277.84
1 29.90 2,391.74
2 31.39 2,511.32
3 32.96 2,636.89
4 34.61 2,768.74
7575 ACE AQUATIC SUPERVISOR III
0 32.74 2,619.52
1 34.38 2,750.50
2 36.10 2,888.03
3 37.91 3,032.42
4 39.80 3,184.04
2022/08/09 City Council Post Agenda Page 177 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 5 of 69
2405 SM ASSISTANT CITY ATTORNEY
0 76.73 6,138.15
1 80.56 6,445.08
2 84.59 6,767.33
3 88.77 7,101.92
4 93.26 7,460.97
2210 SM ASSISTANT CITY CLERK
0 44.53 3,562.67
1 46.76 3,740.82
2 49.10 3,927.85
3 51.55 4,124.22
4 54.13 4,330.55
2707 EXEC ASSISTANT CITY MANAGER
0 99.27 7,941.69
1 -- --
2 -- --
3 -- --
4 119.91 9,593.16
4040 SM ASSISTANT DIR OF DEVLPMNT SVCS
0 76.85 6,147.78
1 -- --
2 85.13 6,810.23
3 89.38 7,150.74
4 93.41 7,472.68
3604 SM ASSISTANT DIR OF FINANCE
0 75.63 6,050.05
1 -- --
2 87.50 7,000.00
3 90.00 7,200.00
4 91.30 7,304.19
6322 SM ASSISTANT DIR OF PUBLIC WORKS
0 70.33 5,626.11
1 -- --
2 -- --
3 83.02 6,641.98
4 84.90 6,792.35
6015 WCE ASSISTANT ENGINEER
0 39.14 3,131.53
1 41.10 3,288.10
2 43.16 3,452.51
3 45.31 3,625.13
4 47.58 3,806.39
2022/08/09 City Council Post Agenda Page 178 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 6 of 69
6289 WCE ASSISTANT LAND SURVEYOR
0 39.14 3,131.53
1 41.10 3,288.10
2 43.16 3,452.51
3 45.31 3,625.13
4 47.58 3,806.39
4749 WCE ASSISTANT PLAN CHECK ENGINEER
0 38.14 3,051.40
1 40.05 3,203.97
2 42.05 3,364.17
3 44.15 3,532.38
4 46.36 3,709.00
4439 ACE ASSISTANT PLANNER
0 33.31 2,665.16
1 34.98 2,798.42
2 36.73 2,938.34
3 38.57 3,085.26
4 40.49 3,239.52
3635 CONF ASSOCIATE ACCOUNTANT
0 33.32 2,665.99
1 34.99 2,799.30
2 36.74 2,939.26
3 38.58 3,086.22
4 40.51 3,240.54
6017 WCE ASSOCIATE ENGINEER
0 45.02 3,601.26
1 47.27 3,781.32
2 49.63 3,970.39
3 52.11 4,168.90
4 54.72 4,377.35
6287 WCE ASSOCIATE LAND SURVEYOR
0 45.02 3,601.26
1 47.27 3,781.32
2 49.63 3,970.39
3 52.11 4,168.90
4 54.72 4,377.35
4747 WCE ASSOCIATE PLAN CHECK ENGINEER
0 43.86 3,509.11
1 46.06 3,684.57
2 48.36 3,868.80
3 50.78 4,062.24
4 53.32 4,265.35
2022/08/09 City Council Post Agenda Page 179 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 7 of 69
4437 ACE ASSOCIATE PLANNER
0 36.65 2,931.67
1 38.48 3,078.26
2 40.40 3,232.18
3 42.42 3,393.78
4 44.54 3,563.47
5123 ACE AUTOMATED FINGERPRINT TECH
0 22.25 1,779.83
1 23.36 1,868.82
2 24.53 1,962.27
3 25.75 2,060.38
4 27.04 2,163.40
4023 SM BAYFRONT DEV PROJ MGR
0 69.22 5,537.42
1 72.68 5,814.29
2 76.31 6,105.01
3 80.13 6,410.26
4 84.13 6,730.77
3404 MMCF BENEFITS MANAGER
0 52.92 4,233.56
1 55.57 4,445.24
2 58.34 4,667.50
3 61.26 4,900.88
4 64.32 5,145.92
3406 UCHR BENEFITS MANAGER
0 52.92 --
1 55.57 --
2 58.34 --
3 61.26 --
4 64.32 --
2222 SM BUDGET AND ANALYSIS MANAGER
0 58.24 4,659.03
1 61.15 4,891.98
2 64.64 5,171.52
3 67.88 5,430.11
4 70.79 5,663.08
4769 MM BUILDING INSPECTION MANAGER
0 50.43 4,034.62
1 52.95 4,236.35
2 55.60 4,448.17
3 58.38 4,670.58
4 61.30 4,904.11
2022/08/09 City Council Post Agenda Page 180 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 8 of 69
4771 ACE BUILDING INSPECTOR I
0 32.00 2,560.32
1 33.60 2,688.34
2 35.28 2,822.76
3 37.05 2,963.90
4 38.90 3,112.09
4773 ACE BUILDING INSPECTOR II
0 35.20 2,816.36
1 36.96 2,957.18
2 38.81 3,105.03
3 40.75 3,260.31
4 42.79 3,423.31
4774 UCHR BUILDING INSPECTOR II (HOURLY)
0 35.20 --
1 36.96 --
2 38.81 --
3 40.75 --
4 42.79 --
4775 ACE BUILDING INSPECTOR III
0 38.73 3,098.00
1 40.66 3,252.90
2 42.69 3,415.55
3 44.83 3,586.32
4 47.07 3,765.64
4780 SM BUILDING OFFICIAL/CODE ENF MGR
0 69.77 5,581.43
1 -- --
2 -- --
3 -- --
4 84.80 6,784.28
6412 PROF BUILDING PROJECT MANAGER
0 44.40 3,552.03
1 46.62 3,729.62
2 48.95 3,916.10
3 51.40 4,111.91
4 53.97 4,317.50
6402 MM BUILDING SERVICES MANAGER
0 53.33 4,266.78
1 56.00 4,480.11
2 58.80 4,704.11
3 61.74 4,939.32
4 64.83 5,186.29
2022/08/09 City Council Post Agenda Page 181 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 9 of 69
6669 ACE BUILDING SERVICES SUPERVISOR
0 30.94 2,475.45
1 32.49 2,599.22
2 34.11 2,729.18
3 35.82 2,865.64
4 37.61 3,008.93
4505 ACE BUSINESS LICENSE REPRESENTATIV
0 22.43 1,794.22
1 23.55 1,883.93
2 24.73 1,978.15
3 25.96 2,077.03
4 27.26 2,180.88
6444 ACE CARPENTER
0 27.93 2,234.20
1 29.32 2,345.90
2 30.79 2,463.20
3 32.33 2,586.36
4 33.95 2,715.69
3669 ACE CASHIER
0 18.93 1,514.60
1 19.88 1,590.33
2 20.87 1,669.85
3 21.92 1,753.34
4 23.01 1,841.01
3053 SM CHIEF INFO SEC OFFICER
0 57.14 4,571.14
1 -- --
2 -- --
3 -- --
4 69.45 5,556.25
5001 EXEC CHIEF OF POLICE
0 97.60 7,807.62
1 -- --
2 112.82 9,025.58
3 -- --
4 118.63 9,490.25
2011 MMUC CHIEF OF STAFF
0 37.85 3,028.04
1 39.74 3,179.45
2 41.73 3,338.40
3 43.82 3,505.32
4 46.01 3,680.60
2022/08/09 City Council Post Agenda Page 182 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 10 of 69
2729 SM CHIEF SUSTAINABILITY OFFICER
0 66.43 5,314.54
1 -- --
2 -- --
3 78.43 6,274.14
4 80.20 6,416.20
2400 CATY CITY ATTORNEY (ELECTED)
0 -- --
Effective 7/1/2022
1 -- --
2 -- --
3 -- --
4 110.16 8,812.50
2435 CONF CITY ATTY INVESTIGATOR
0 32.98 2,638.19
1 34.63 2,770.10
2 36.36 2,908.60
3 38.18 3,054.03
4 40.08 3,206.74
2201 CCLK CITY CLERK
0 79.68 6,374.76
1 -- --
2 -- --
3 -- --
4 96.81 7,744.82
2221 PROF CITY CLERK ANALYST
0 38.80 3,103.77
1 40.74 3,258.96
2 42.77 3,421.91
3 44.91 3,593.00
4 47.16 3,772.65
2224 UCHR CITY CLERK ANALYST (HOURLY)
0 38.80 --
1 40.74 --
2 42.77 --
3 44.91 --
4 47.16 --
7007 SM CITY LIBRARIAN
0 62.25 4,979.73
1 65.36 5,228.70
2 68.63 5,490.15
3 72.06 5,764.65
4 75.66 6,052.88
2022/08/09 City Council Post Agenda Page 183 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 11 of 69
2710 CMGR CITY MANAGER
0 -- --
1 -- --
2 -- --
3 -- --
4 144.23 11,538.55
5429 ACE CIVILIAN BCKGRND INVESTIGATOR
0 28.04 2,243.21
1 29.44 2,355.37
2 30.91 2,473.14
3 32.46 2,596.81
4 34.08 2,726.64
5430 UCHR CIVILIAN BCKGRND INVESTIGATOR
0 28.04 --
1 29.44 --
2 30.91 --
3 32.46 --
4 34.08 --
5431 UCHR CIVILIAN POLICE INVESTIGATOR
0 25.79 --
1 27.08 --
2 28.43 --
3 29.85 --
4 31.35 --
0241 UCHR CLERICAL AIDE
0 15.00 --
1 15.75 --
2 16.54 --
3 17.36 --
4 18.23 --
4777 ACE CODE ENFORCEMENT OFFICER I
0 27.80 2,223.92
1 29.19 2,335.13
2 30.65 2,451.87
3 32.18 2,574.47
4 33.79 2,703.19
4778 UCHR CODE ENFORCEMENT OFFICER II
0 30.58 --
1 32.11 --
2 33.71 --
3 35.40 --
4 37.17 --
2022/08/09 City Council Post Agenda Page 184 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 12 of 69
4779 ACE CODE ENFORCEMENT OFFICER II
0 30.58 2,446.31
1 32.11 2,568.64
2 33.71 2,697.07
3 35.40 2,831.92
4 37.17 2,973.52
4789 ACE CODE ENFORCEMENT TECHNICIAN
0 24.17 1,933.84
1 25.38 2,030.54
2 26.65 2,132.07
3 27.98 2,238.68
4 29.38 2,350.60
3683 MM COLLECTIONS SUPERVISOR
0 37.89 3,031.00
1 39.78 3,182.56
2 41.77 3,341.67
3 43.86 3,508.77
4 46.05 3,684.21
2799 PRUC COMM/SPECL EVENTS COORD
0 41.01 3,281.09
1 43.06 3,445.15
2 45.22 3,617.41
3 47.48 3,798.28
4 49.85 3,988.20
5141 ACE COMMUNITY SERVICES OFFICER
0 23.37 1,869.35
1 24.54 1,962.82
2 25.76 2,060.96
3 27.05 2,164.00
4 28.40 2,272.20
5142 UCHR COMMUNITY SERVICES OFFICER
0 23.37 --
1 24.54 --
2 25.76 --
3 27.05 --
4 28.40 --
6200 ACE CONSERVATION SPECIALIST I
0 25.27 2,021.74
1 26.54 2,122.84
2 27.86 2,229.00
3 29.26 2,340.42
4 30.72 2,457.45
2022/08/09 City Council Post Agenda Page 185 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 13 of 69
6202 ACE CONSERVATION SPECIALIST II
0 27.80 2,223.92
1 29.19 2,335.13
2 30.65 2,451.87
3 32.18 2,574.47
4 33.79 2,703.19
6427 ACE CONSTRUCTION & REPAIR SUPV
0 39.53 3,162.62
1 41.51 3,320.75
2 43.58 3,486.79
3 45.76 3,661.13
4 48.05 3,844.19
2023 UCHR COUNCIL ASSISTANT
0 22.91 --
1 24.06 --
2 25.26 --
3 26.52 --
4 27.85 --
2003 CL COUNCILPERSON
0 -- --
Effective 7/1/2022
1 -- --
2 -- --
3 -- --
4 29.08 2,326.50
5757 UCHR COVID SITE ASST
0 15.44 --
1 16.21 --
2 17.02 --
3 17.87 --
4 18.76 --
5101 MM CRIME LABORATORY MANAGER
0 49.06 3,924.94
1 51.51 4,121.18
2 54.09 4,327.25
3 56.80 4,543.61
4 59.63 4,770.78
6667 ACE CUSTODIAL SUPERVISOR
0 25.66 2,052.65
1 26.94 2,155.29
2 28.29 2,263.06
3 29.70 2,376.21
4 31.19 2,495.03
2022/08/09 City Council Post Agenda Page 186 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 14 of 69
6661 ACE CUSTODIAN
0 20.28 1,622.64
1 21.30 1,703.77
2 22.36 1,788.96
3 23.48 1,878.42
4 24.65 1,972.33
6662 UCHR CUSTODIAN
0 20.28 --
1 21.30 --
2 22.36 --
3 23.48 --
4 24.65 --
7191 ACE DELIVERY DRIVER
0 19.24 1,539.28
1 20.20 1,616.25
2 21.21 1,697.07
3 22.27 1,781.92
4 23.39 1,871.02
2410 PRUC DEPUTY CITY ATTORNEY I
0 45.40 3,632.07
1 47.67 3,813.66
2 50.05 4,004.34
3 52.56 4,204.56
4 55.18 4,414.79
2408 PRUC DEPUTY CITY ATTORNEY II
0 54.48 4,358.46
1 57.20 4,576.38
2 60.07 4,805.21
3 63.07 5,045.47
4 66.22 5,297.73
2411 SM DEPUTY CITY ATTORNEY III
0 69.07 5,525.47
1 72.52 5,801.75
2 76.15 6,091.83
3 79.96 6,396.42
4 83.95 6,716.21
2245 PRUC DEPUTY CITY CLERK I
0 28.07 2,245.97
1 29.48 2,358.26
2 30.95 2,476.18
3 32.50 2,600.00
4 34.12 2,729.98
2022/08/09 City Council Post Agenda Page 187 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 15 of 69
2243 PRUC DEPUTY CITY CLERK II
0 30.88 2,470.57
1 32.43 2,594.10
2 34.05 2,723.80
3 35.75 2,860.00
4 37.54 3,002.99
2705 EXEC DEPUTY CITY MANAGER
0 103.52 8,281.38
1 -- --
2 -- --
3 -- --
4 114.66 9,172.49
5505 SM DEPUTY FIRE CHIEF
0 74.26 5,940.75
1 -- --
2 -- --
3 -- --
4 90.26 7,221.04
5130 MM DETENTION FACILITY MANAGER
0 49.06 3,924.94
1 51.51 4,121.18
2 54.09 4,327.25
3 56.80 4,543.61
4 59.63 4,770.78
5137 ACE DETENTIONS OFFICER
0 28.04 2,243.21
1 29.44 2,355.37
2 30.91 2,473.14
3 32.46 2,596.81
4 34.08 2,726.64
5135 ACE DETENTIONS SUPERVISOR
0 32.25 2,579.70
1 33.86 2,708.68
2 35.55 2,844.12
3 37.33 2,986.33
4 39.20 3,135.64
4718 PROF DEVELOPMENT AUTOMATION SPEC
0 42.52 3,401.46
1 44.64 3,571.54
2 46.88 3,750.11
3 49.22 3,937.62
4 51.68 4,134.50
2022/08/09 City Council Post Agenda Page 188 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 16 of 69
4547 MM DEVELOPMENT SERVICES COUNTER M
0 47.33 3,786.23
1 49.69 3,975.53
2 52.18 4,174.32
3 54.79 4,383.03
4 57.53 4,602.18
4540 UCHR DEVELOPMENT SERVICES TECH I
0 23.88 --
1 25.07 --
2 26.33 --
3 27.64 --
4 29.02 --
4542 ACE DEVELOPMENT SERVICES TECH I
0 23.88 1,910.23
1 25.07 2,005.73
2 26.33 2,106.01
3 27.64 2,211.32
4 29.02 2,321.89
4541 ACE DEVELOPMENT SERVICES TECH II
0 26.27 2,101.24
1 27.58 2,206.30
2 28.96 2,316.62
3 30.41 2,432.46
4 31.93 2,554.07
4544 UCHR DEVELOPMENT SERVICES TECH II
0 26.27 --
1 27.58 --
2 28.96 --
3 30.41 --
4 31.93 --
4543 ACE DEVELOPMENT SERVICES TECH III
0 30.21 2,416.43
1 31.72 2,537.25
2 33.30 2,664.12
3 34.97 2,797.32
4 36.71 2,937.18
5245 ACE DIGITAL FORENSICS TECH I
0 25.97 2,077.96
1 27.27 2,181.86
2 28.64 2,290.96
3 30.07 2,405.51
4 31.57 2,525.78
2022/08/09 City Council Post Agenda Page 189 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 17 of 69
5243 ACE DIGITAL FORENSICS TECH II
0 29.87 2,389.67
1 31.36 2,509.15
2 32.93 2,634.60
3 34.58 2,766.33
4 36.31 2,904.64
5350 EXEC DIR OF ANIMAL SERVICES
0 66.43 5,314.56
1 -- --
2 -- --
3 -- --
4 80.75 6,459.88
7004 EXEC DIR OF COMMUNITY SERVICES
0 81.54 6,523.42
1 85.62 6,849.59
2 89.90 7,192.07
3 94.40 7,551.67
4 99.12 7,929.54
2734 EXEC DIR OF ECONOMIC DEVELOPMENT
0 85.74 6,859.24
1 -- --
2 -- --
3 -- --
4 104.22 8,337.45
3601 EXEC DIR OF FINANCE
0 85.74 6,859.24
1 -- --
2 -- --
3 101.51 8,121.16
4 104.22 8,337.45
3300 EXEC DIR OF HUMAN RESOURCES/RISK MG
0 85.74 6,859.24
1 -- --
2 -- --
3 -- --
4 104.22 8,337.45
3001 EXEC DIR OF INFO TECH SERVICES
0 81.54 6,523.42
1 -- --
2 89.90 7,192.07
3 -- --
4 99.12 7,929.54
2022/08/09 City Council Post Agenda Page 190 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 18 of 69
6320 EXEC DIR OF PUBLIC WORKS
0 85.74 6,859.24
1 -- --
2 -- --
3 96.74 7,739.47
4 104.22 8,337.45
4039 EXEC DIR. OF DEVELOPMENT SERVICES
0 85.73 6,858.33
1 -- --
2 -- --
3 -- --
4 104.22 8,337.45
6006 EXEC DIR. OF ENGINEERING/CITY ENG
0 85.74 6,859.24
1 -- --
2 -- --
3 -- --
4 104.22 8,337.45
2747 ACE ECONOMIC DEVELOPMENT SPEC I
0 30.54 2,443.06
1 32.07 2,565.22
2 33.67 2,693.48
3 35.35 2,828.15
4 37.12 2,969.56
2749 ACE ECONOMIC DEVELOPMENT SPEC II
0 36.65 2,931.67
1 38.48 3,078.26
2 40.40 3,232.18
3 42.42 3,393.78
4 44.54 3,563.47
6438 ACE ELECTRICIAN
0 29.89 2,391.39
1 31.39 2,510.96
2 32.96 2,636.51
3 34.60 2,768.33
4 36.33 2,906.76
6492 ACE ELECTRONIC/EQUIPMENT INSTALLER
0 27.18 2,174.00
1 28.53 2,282.69
2 29.96 2,396.83
3 31.46 2,516.67
4 33.03 2,642.50
2022/08/09 City Council Post Agenda Page 191 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 19 of 69
6475 ACE ELECTRONICS TECHNICIAN
0 32.88 2,630.53
1 34.53 2,762.06
2 36.25 2,900.17
3 38.06 3,045.17
4 39.97 3,197.42
6472 ACE ELECTRONICS TECHNICIAN SUPV
0 37.81 3,025.12
1 39.70 3,176.37
2 41.69 3,335.19
3 43.77 3,501.95
4 45.96 3,677.04
5560 SM EMERGENCY SERVICES MGR
0 49.72 3,977.42
1 -- --
2 -- --
3 -- --
4 60.43 4,834.56
5557 PROF EMS EDUCATOR
0 43.09 3,447.52
1 45.25 3,619.89
2 47.51 3,800.90
3 49.89 3,990.94
4 52.38 4,190.48
5559 ACE EMS INVENTORY SPECIALIST
0 27.42 2,193.64
1 28.79 2,303.32
2 30.23 2,418.48
3 31.74 2,539.39
4 33.33 2,666.38
5567 PROF EMS NURSE COORDINATOR
0 51.71 4,137.03
1 54.30 4,343.86
2 57.01 4,561.07
3 59.86 4,789.12
4 62.86 5,028.57
5657 NIAF EMT (NON-SAFETY)
0 15.60
1 16.38
2 17.20
3 18.06
4 18.96
2022/08/09 City Council Post Agenda Page 192 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 20 of 69
5658 UCHR EMT (NON-SAFETY)
0 15.60 --
1 16.38 --
2 17.20 --
3 18.06 --
4 18.96 --
6081 ACE ENGINEERING TECHNICIAN I
0 27.83 2,226.37
1 29.22 2,337.69
2 30.68 2,454.57
3 32.22 2,577.31
4 33.83 2,706.18
6071 ACE ENGINEERING TECHNICIAN II
0 30.61 2,449.01
1 32.14 2,571.46
2 33.75 2,700.03
3 35.44 2,835.03
4 37.21 2,976.79
6129 ACE ENVIRONMENTAL HEALTH SPEC
0 36.81 2,944.40
1 38.65 3,091.62
2 40.58 3,246.20
3 42.61 3,408.49
4 44.74 3,578.94
6205 MM ENVIRONMENTAL SERVICES MANAGER
0 53.33 4,266.32
1 56.00 4,479.63
2 58.80 4,703.61
3 61.73 4,938.79
4 64.82 5,185.73
6207 MM ENVIRONMENTAL SUSTNBILITY MGR
0 53.33 4,266.32
1 56.00 4,479.63
2 58.80 4,703.61
3 61.73 4,938.79
4 64.82 5,185.73
6505 MM EQUIPMENT MAINTENANCE MANAGER
0 40.49 3,239.46
1 42.52 3,401.43
2 44.64 3,571.51
3 46.88 3,750.09
4 49.22 3,937.59
2022/08/09 City Council Post Agenda Page 193 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 21 of 69
6542 ACE EQUIPMENT MECHANIC
0 28.76 2,300.58
1 30.20 2,415.62
2 31.70 2,536.39
3 33.29 2,663.21
4 34.95 2,796.37
6544 UCHR EQUIPMENT MECHANIC
0 28.76 --
1 30.20 --
2 31.71 --
3 33.29 --
4 34.95 --
6361 ACE EQUIPMENT OPERATOR
0 29.45 2,356.09
1 30.92 2,473.89
2 32.47 2,597.58
3 34.09 2,727.46
4 35.80 2,863.83
0187 CONF EXECUTIVE SECRETARY
0 33.54 2,682.89
1 35.21 2,817.03
2 36.97 2,957.87
3 38.82 3,105.77
4 40.76 3,261.05
5270 CONF FA ACCOUNTING TECHNICIAN
0 28.37 2,269.69
1 29.79 2,383.17
2 31.28 2,502.33
3 32.84 2,627.45
4 34.49 2,758.82
5297 CONF FA ADMINSTRATIVE ANALYST I
0 31.16 2,492.93
1 32.72 2,617.60
2 34.36 2,748.45
3 36.07 2,885.88
4 37.88 3,030.17
5296 CONF FA ADMINSTRATIVE ANALYST II
0 34.28 2,742.22
1 35.99 2,879.33
2 37.79 3,023.30
3 39.68 3,174.48
4 41.66 3,333.19
2022/08/09 City Council Post Agenda Page 194 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 22 of 69
5277 CONF FA ANALYST
0 23.81 1,905.01
1 25.00 2,000.26
2 26.25 2,100.28
3 27.57 2,205.29
4 28.94 2,315.56
5455 MMUC FA CYBER SECURITY PROG MGR
0 45.63 3,650.27
1 47.91 3,832.77
2 50.31 4,024.41
3 52.82 4,225.63
4 55.46 4,436.91
5465 SM FA DEPUTY DIRECTOR OF LECC
0 51.27 4,101.82
1 53.84 4,306.91
2 56.53 4,522.26
3 59.35 4,748.36
4 62.32 4,985.80
5463 SM FA DEPUTY EXECUTIVE DIRECTOR
0 56.30 4,504.17
1 -- --
2 -- --
3 -- --
4 68.44 5,474.85
5274 SM FA DIRECTOR OF SD LECC
0 66.23 5,298.14
1 -- --
2 -- --
3 -- --
4 80.50 6,439.92
5286 CONF FA EXECUTIVE ASSISTANT
0 30.51 2,440.67
1 32.03 2,562.71
2 33.64 2,690.85
3 35.32 2,825.38
4 37.08 2,966.66
5461 EXEC FA EXECUTIVE DIRECTOR
0 60.19 4,815.34
1 -- --
2 -- --
3 -- --
4 73.16 5,853.08
2022/08/09 City Council Post Agenda Page 195 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 23 of 69
5493 MMUC FA FINANCE MANAGER
0 50.13 4,010.55
1 52.64 4,211.07
2 55.27 4,421.62
3 58.03 4,642.70
4 60.94 4,874.84
5439 PRUC FA GEOSPATIAL INTEL ANALYST
0 43.51 3,480.83
1 45.69 3,654.88
2 47.97 3,837.63
3 50.37 4,029.51
4 52.89 4,230.98
5289 CONF FA GRAPHIC DESIGNER/WEBMASTER
0 35.46 2,836.61
1 37.23 2,978.45
2 39.09 3,127.38
3 41.05 3,283.74
4 43.10 3,447.94
5453 MMUC FA INFO SYSTEMS PROGRAM MGR
0 50.76 4,060.42
1 53.29 4,263.44
2 55.96 4,476.59
3 58.76 4,700.43
4 61.69 4,935.46
5485 CONF FA INTEL ANLYT
0 32.23 2,578.74
1 33.85 2,707.68
2 35.54 2,843.07
3 37.32 2,985.21
4 39.18 3,134.49
5491 SM FA IVDC-LECC EXEC DIRECTOR
0 57.48 4,598.46
Effective 1/1/2022
1 60.35 4,828.39
2 63.37 5,069.80
3 66.54 5,323.30
4 69.87 5,589.46
5440 MMUC FA LECC INFO TECH MANAGER
0 46.41 3,712.89
1 48.73 3,898.53
2 51.17 4,093.47
3 53.73 4,298.13
4 56.41 4,513.04
2022/08/09 City Council Post Agenda Page 196 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 24 of 69
5278 CONF FA MANAGEMENT ASSISTANT
0 29.06 2,324.46
1 30.51 2,440.67
2 32.03 2,562.72
3 33.64 2,690.86
4 35.32 2,825.39
5443 PRUC FA MICROCOMPUTER SPECIALIST
0 37.74 3,018.82
1 39.62 3,169.75
2 41.60 3,328.24
3 43.68 3,494.66
4 45.87 3,669.38
5292 PRUC FA NETWORK ADMINISTRATOR I
0 37.98 3,038.08
1 39.87 3,189.99
2 41.87 3,349.49
3 43.96 3,516.96
4 46.16 3,692.82
5294 PRUC FA NETWORK ADMINISTRATOR II
0 41.77 3,341.90
1 43.86 3,509.00
2 46.06 3,684.45
3 48.36 3,868.68
4 50.78 4,062.11
5457 PRUC FA NETWORK ADMINISTRATOR III
0 44.00 3,519.89
1 46.20 3,695.89
2 48.51 3,880.67
3 50.93 4,074.71
4 53.48 4,278.45
5444 PRUC FA PROGRAM ANALYST
0 45.02 3,601.53
1 47.27 3,781.61
2 49.63 3,970.70
3 52.12 4,169.23
4 54.72 4,377.70
5451 CONF FA PROGRAM ASSISTANT
0 23.21 1,856.81
1 24.37 1,949.64
2 25.59 2,047.14
3 26.87 2,149.50
4 28.21 2,256.96
2022/08/09 City Council Post Agenda Page 197 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 25 of 69
5452 PRUC FA PROGRAM ASSISTANT SUPV
0 32.74 2,619.42
1 34.38 2,750.39
2 36.10 2,887.91
3 37.90 3,032.31
4 39.80 3,183.91
5445 SM FA PROGRAM MANAGER
0 51.27 4,101.82
1 53.91 4,312.51
2 56.53 4,522.26
3 59.35 4,748.36
4 62.32 4,985.80
5497 MMUC FA PUBLIC-PRVT PART EXER MGR
0 47.20 3,776.15
1 49.56 3,964.95
2 52.04 4,163.19
3 54.64 4,371.36
4 57.37 4,589.93
5284 CONF FA RCFL NETWORK ENGINEER
0 37.41 2,992.56
1 39.28 3,142.18
2 41.24 3,299.30
3 43.30 3,464.26
4 45.47 3,637.47
5495 PRUC FA SENIOR FINANCIAL ANALYST
0 35.28 2,822.32
1 37.04 2,963.43
2 38.90 3,111.62
3 40.84 3,267.19
4 42.88 3,430.55
5483 PRUC FA SENIOR INTELLIGENCE ANALYST
0 37.15 2,972.19
1 39.01 3,120.81
2 40.96 3,276.85
3 43.01 3,440.69
4 45.16 3,612.72
5454 CONF FA SENIOR PROGRAM ASSISTANT
0 27.61 2,209.13
1 28.99 2,319.58
2 30.44 2,435.57
3 31.97 2,557.35
4 33.57 2,685.22
2022/08/09 City Council Post Agenda Page 198 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 26 of 69
5477 CONF FA SENIOR SECRETARY
0 23.88 1,910.12
1 25.07 2,005.63
2 26.32 2,105.90
3 27.64 2,211.21
4 29.02 2,321.76
5481 PRUC FA SUPERVISORY INTEL ANALYST
0 40.87 3,269.42
1 42.91 3,432.89
2 45.06 3,604.53
3 47.31 3,784.76
4 49.68 3,974.00
4051 SM FAC FINANCE MANAGER
0 49.72 3,977.41
1 -- --
2 -- --
3 -- --
4 60.43 4,834.56
6425 MM FACILITIES MANAGER
0 46.12 3,689.71
1 48.43 3,874.19
2 50.85 4,067.90
3 53.39 4,271.30
4 56.06 4,484.87
7471 ACE FIELD MAINTENANCE SPECIALIST
0 22.46 1,796.83
1 23.58 1,886.67
2 24.76 1,981.00
3 26.00 2,080.06
4 27.30 2,184.06
3623 SM FINANCE MGR
0 56.57 4,525.50
1 -- --
2 -- --
3 -- --
4 68.76 5,500.78
3624 SM FINANCE MGR (CPA)
0 62.23 4,978.05
1 -- --
2 69.33 5,546.16
3 -- --
4 75.64 6,050.86
2022/08/09 City Council Post Agenda Page 199 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 27 of 69
3622 UCHR FINANCE MGR CPA (HOURLY)
0 62.23 --
1 -- --
2 69.33 --
3 -- --
4 75.64 --
6521 ACE FIRE APPARATUS MECHANIC (T)
0 34.39 2,751.50
1 36.11 2,889.07
2 37.92 3,033.53
3 39.82 3,185.21
4 41.81 3,344.47
5511 IAFF FIRE BATTALION CHIEF - A
0 40.03 4,483.11
1 42.03 4,707.28
2 44.13 4,942.65
3 46.34 5,189.78
4 48.65 5,449.26
5513 IAFF FIRE BATTALION CHIEF - C
0 56.04 4,483.12
1 58.84 4,707.28
2 61.78 4,942.64
3 64.87 5,189.77
4 68.12 5,449.26
5583 IAFF FIRE CAPTAIN - A
0 32.32 3,619.73
1 33.93 3,800.71
2 35.63 3,990.75
3 37.41 4,190.29
4 39.28 4,399.79
5582 IAFF FIRE CAPTAIN - B
0 43.09 3,619.73
1 45.25 3,800.70
2 47.51 3,990.74
3 49.88 4,190.28
4 52.38 4,399.79
5581 IAFF FIRE CAPTAIN - C
0 45.25 3,619.73
1 47.51 3,800.70
2 49.88 3,990.74
3 52.38 4,190.28
4 55.00 4,399.79
2022/08/09 City Council Post Agenda Page 200 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 28 of 69
5501 EXEC FIRE CHIEF
0 89.11 7,128.92
1 -- --
2 105.63 8,450.16
3 -- --
4 108.31 8,664.85
5507 MMUC FIRE DIVISION CHIEF
0 65.45 5,235.91
1 68.72 5,497.70
2 72.16 5,772.59
3 75.77 6,061.21
4 79.55 6,364.27
5603 IAFF FIRE ENGINEER - A
0 28.07 3,144.14
1 29.48 3,301.35
2 30.95 3,466.42
3 32.50 3,639.74
4 34.12 3,821.72
5601 IAFF FIRE ENGINEER - C
0 39.30 3,144.15
1 41.27 3,301.35
2 43.33 3,466.42
3 45.50 3,639.74
4 47.77 3,821.73
5536 UCHR FIRE INSPECTOR
0 32.44 --
1 34.06 --
2 35.76 --
3 37.55 --
4 39.43 --
5530 IAFF FIRE INSPECTOR/INVESTIGATOR I
0 32.44 2,594.95
1 34.06 2,724.70
2 35.76 2,860.94
3 37.55 3,003.99
4 39.43 3,154.19
5534 UCHR FIRE INSPECTOR/INVESTIGATOR I
0 32.44 --
1 34.06 --
2 35.76 --
3 37.55 --
4 39.43 --
2022/08/09 City Council Post Agenda Page 201 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 29 of 69
5531 IAFF FIRE INSPECTOR/INVESTIGATOR II
0 35.68 2,854.44
1 37.46 2,997.16
2 39.34 3,147.02
3 41.30 3,304.37
4 43.37 3,469.59
5532 UCHR FIRE INSPECTOR/INVESTIGATOR II
0 35.68 --
1 37.46 --
2 39.34 --
3 41.30 --
4 43.37 --
5533 UCHR FIRE PREVENTION AIDE
0 15.57 --
1 16.34 --
2 17.16 --
3 18.02 --
4 18.92 --
5528 IAFF FIRE PREVENTION ENG/INVSTGTR
0 43.04 3,442.80
1 45.19 3,614.94
2 47.45 3,795.68
3 49.82 3,985.47
4 52.31 4,184.74
5537 ACE FIRE PREVENTION SPECIALIST
0 26.27 2,101.24
1 27.58 2,206.30
2 28.96 2,316.62
3 30.41 2,432.46
4 32.00 2,560.19
5625 ACE FIRE RECRUIT
0 24.99 1,998.81
1 26.23 2,098.75
5623 IAFF FIREFIGHTER - A
0 23.28 2,607.73
1 24.45 2,738.12
2 25.67 2,875.02
3 26.95 3,018.78
4 28.30 3,169.70
2022/08/09 City Council Post Agenda Page 202 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 30 of 69
5621 IAFF FIREFIGHTER - C
0 32.60 2,607.73
1 34.23 2,738.12
2 35.94 2,875.02
3 37.73 3,018.77
4 39.62 3,169.71
5613 IAFF FIREFIGHTER/PARAMEDIC - A
0 26.78 2,998.89
1 28.11 3,148.84
2 29.52 3,306.28
3 31.00 3,471.59
4 32.55 3,645.16
5612 IAFF FIREFIGHTER/PARAMEDIC - B
0 35.70 2,998.88
1 37.49 3,148.84
2 39.36 3,306.28
3 41.33 3,471.58
4 43.39 3,645.17
5611 IAFF FIREFIGHTER/PARAMEDIC - C
0 37.49 2,998.89
1 39.36 3,148.84
2 41.33 3,306.28
3 43.39 3,471.58
4 45.56 3,645.17
0216 PRCF FISCAL AND MANAGEMENT ANALYST
0 49.11 3,928.65
1 51.56 4,125.08
2 54.14 4,331.33
3 56.85 4,547.90
4 59.69 4,775.30
3627 MMCF FISCAL DEBT MGMT ANALYST
0 49.11 3,928.65
1 51.56 4,125.08
2 54.14 4,331.33
3 56.85 4,547.90
4 59.69 4,775.30
0169 ACE FISCAL OFFICE SPECIALIST
0 20.72 1,657.55
1 21.76 1,740.44
2 22.84 1,827.45
3 23.99 1,918.81
4 25.18 2,014.76
2022/08/09 City Council Post Agenda Page 203 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 31 of 69
0170 UCHR FISCAL OFFICE SPECIALIST
0 20.72 --
1 21.76 --
2 22.84 --
3 23.99 --
4 25.18 --
6513 ACE FLEET INVENTORY CONTROL SPEC
0 27.42 2,193.64
1 28.79 2,303.32
2 30.23 2,418.48
3 31.74 2,539.39
4 33.33 2,666.38
6501 MM FLEET MANAGER
0 44.98 3,598.70
1 47.23 3,778.63
2 49.59 3,967.56
3 52.07 4,165.94
4 54.68 4,374.23
5114 ACE FORENSICS SPECIALIST
0 32.86 2,628.62
1 34.50 2,760.05
2 36.23 2,898.09
3 38.04 3,042.97
4 39.94 3,195.12
6629 UCHR GARDENER (SEASONAL)
0 18.19 --
1 19.10 --
2 20.06 --
3 21.06 --
4 22.11 --
3079 MM GIS MANAGER
0 47.49 3,799.18
1 49.86 3,989.14
2 52.36 4,188.59
3 54.98 4,398.02
4 57.72 4,617.93
3081 ACE GIS SPECIALIST
0 33.42 2,673.78
1 35.09 2,807.47
2 36.85 2,947.84
3 38.69 3,095.23
4 40.63 3,250.00
2022/08/09 City Council Post Agenda Page 204 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 32 of 69
2775 ACE GRAPHIC DESIGNER
0 29.31 2,344.98
1 30.78 2,462.22
2 32.32 2,585.33
3 33.93 2,714.61
4 35.63 2,850.32
4093 SM HOUSING MANAGER
0 58.47 4,677.44
1 -- --
2 64.49 5,159.20
3 67.71 5,417.15
4 70.51 5,640.96
3310 PRCF HUMAN RESOURCES ANALYST
0 36.13 2,890.23
1 37.93 3,034.74
2 39.83 3,186.48
3 41.82 3,345.80
4 43.91 3,513.09
3312 UCHR HUMAN RESOURCES ANALYST
0 36.13 --
1 37.93 --
2 39.83 --
3 41.82 --
4 43.91 --
3331 SM HUMAN RESOURCES MANAGER
0 60.21 4,817.18
1 -- --
2 -- --
3 -- --
4 73.19 5,855.08
3332 UCHR HUMAN RESOURCES MANAGER
0 60.21 --
1 -- --
2 -- --
3 -- --
4 73.19 --
3314 UCHR HUMAN RESOURCES TECHNICIAN
0 26.69 --
1 28.02 --
2 29.42 --
3 30.89 --
4 32.44 --
2022/08/09 City Council Post Agenda Page 205 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 33 of 69
3315 CONF HUMAN RESOURCES TECHNICIAN
0 26.69 2,135.03
1 28.02 2,241.79
2 29.42 2,353.87
3 30.89 2,471.56
4 32.44 2,595.15
6430 ACE HVAC TECHNICIAN
0 29.89 2,391.39
1 31.39 2,510.96
2 32.96 2,636.51
3 34.60 2,768.33
4 36.33 2,906.76
5104 SM INFO TECHNOLOGY MANAGER
0 57.88 4,630.03
1 -- --
2 -- --
3 -- --
4 69.45 5,556.25
3055 PROF INFO TECHNOLOGY SEC ANALYST
0 47.62 3,809.28
1 50.00 3,999.74
2 52.50 4,199.73
3 55.12 4,409.71
4 57.88 4,630.20
3014 PROF INFO TECHNOLOGY SPECIALIST (T)
0 37.74 3,018.83
1 39.62 3,169.76
2 41.60 3,328.25
3 43.68 3,494.67
4 45.87 3,669.40
3017 ACE INFO TECHNOLOGY TECHNICIAN
0 28.76 2,300.58
1 30.20 2,415.62
2 31.70 2,536.39
3 33.29 2,663.21
4 34.95 2,796.37
3018 UCHR INFO TECHNOLOGY TECHNICIAN
0 28.76 --
1 30.20 --
2 31.71 --
3 33.29 --
4 34.95 --
2022/08/09 City Council Post Agenda Page 206 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 34 of 69
0269 UCHR INTERN - GRADUATE
0 16.50 --
1 17.33 --
2 18.19 --
3 19.10 --
4 20.06 --
0267 UCHR INTERN - UNDERGRADUATE
0 15.00 --
1 15.75 --
2 16.54 --
3 17.36 --
4 18.23 --
4480 PROF LANDSCAPE ARCHITECT
0 41.12 3,289.42
1 43.17 3,453.89
2 45.33 3,626.59
3 47.60 3,807.91
4 49.98 3,998.31
6291 ACE LANDSCAPE INSPECTOR
0 35.20 2,816.37
1 36.96 2,957.19
2 38.81 3,105.05
3 40.75 3,260.31
4 42.79 3,423.32
4482 ACE LANDSCAPE PLANNER I
0 33.31 2,665.16
1 34.98 2,798.42
2 36.73 2,938.34
3 38.57 3,085.26
4 40.49 3,239.52
4483 ACE LANDSCAPE PLANNER II
0 36.65 2,931.67
1 38.48 3,078.26
2 40.40 3,232.18
3 42.42 3,393.78
4 44.54 3,563.47
5111 ACE LATENT PRINT EXAMINER
0 37.79 3,022.93
1 39.68 3,174.09
2 41.66 3,332.78
3 43.74 3,499.43
4 45.93 3,674.38
2022/08/09 City Council Post Agenda Page 207 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 35 of 69
5112 UCHR LATENT PRINT EXAMINER
0 37.79 --
1 39.68 --
2 41.66 --
3 43.74 --
4 45.93 --
2465 MMUC LAW OFFICE MANAGER
0 37.81 3,024.65
1 39.70 3,175.89
2 41.68 3,334.68
3 43.77 3,501.43
4 45.96 3,676.50
6663 ACE LEAD CUSTODIAN
0 22.31 1,784.92
1 23.43 1,874.16
2 24.60 1,967.88
3 25.83 2,066.27
4 27.12 2,169.58
0183 CONF LEGAL ASSISTANT
0 27.99 2,239.22
1 29.39 2,351.18
2 30.86 2,468.75
3 32.40 2,592.17
4 34.02 2,721.78
7075 ACE LIBRARIAN I
0 28.21 2,256.69
1 29.62 2,369.52
2 31.10 2,488.00
3 32.66 2,612.40
4 34.29 2,743.02
7076 UCHR LIBRARIAN I
0 28.21 --
1 29.62 --
2 31.10 --
3 32.66 --
4 34.29 --
7073 ACE LIBRARIAN II
0 31.03 2,482.35
1 32.58 2,606.48
2 34.21 2,736.80
3 35.92 2,873.64
4 37.72 3,017.32
2022/08/09 City Council Post Agenda Page 208 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 36 of 69
7074 UCHR LIBRARIAN II
0 31.03 --
1 32.58 --
2 34.21 --
3 35.92 --
4 37.72 --
7071 ACE LIBRARIAN III
0 34.13 2,730.59
1 35.84 2,867.13
2 37.63 3,010.48
3 39.51 3,161.00
4 41.49 3,319.06
7181 UCHR LIBRARY AIDE
0 15.00 --
1 15.75 --
2 16.54 --
3 17.36 --
4 18.23 --
7157 ACE LIBRARY ASSISTANT
0 19.12 1,529.28
1 20.07 1,605.76
2 21.08 1,686.03
3 22.13 1,770.33
4 23.24 1,858.86
7091 ACE LIBRARY ASSOCIATE
0 24.16 1,932.84
1 25.37 2,029.48
2 26.64 2,130.96
3 27.97 2,237.51
4 29.37 2,349.40
7092 UCHR LIBRARY ASSOCIATE
0 24.16 --
1 25.37 --
2 26.64 --
3 27.97 --
4 29.37 --
7025 MM LIBRARY DIGITAL SERVICES MGR
0 44.70 3,576.06
1 46.94 3,754.85
2 49.28 3,942.59
3 51.75 4,139.73
4 54.33 4,346.72
2022/08/09 City Council Post Agenda Page 209 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 37 of 69
7029 MM LIBRARY OPERATIONS MANAGER
0 51.43 4,114.31
1 54.00 4,320.04
2 56.70 4,536.03
3 59.54 4,762.83
4 62.51 5,000.97
7121 ACE LIBRARY TECHNICIAN
0 21.98 1,758.68
1 23.08 1,846.62
2 24.24 1,938.96
3 25.45 2,035.90
4 26.72 2,137.69
7587 UCHR LIFEGUARD I
0 16.02 --
1 16.82 --
2 17.66 --
3 18.54 --
4 19.47 --
7585 UCHR LIFEGUARD II
0 17.61 --
1 18.49 --
2 19.42 --
3 20.39 --
4 21.41 --
6443 ACE LOCKSMITH
0 27.93 2,234.20
1 29.32 2,345.90
2 30.79 2,463.20
3 32.33 2,586.36
4 33.95 2,715.69
6377 ACE MAINTENANCE WORKER I
0 20.99 1,679.22
1 22.04 1,763.18
2 23.14 1,851.34
3 24.30 1,943.91
4 25.51 2,041.10
6379 UCHR MAINTENANCE WORKER I
0 20.99 --
1 22.04 --
2 23.14 --
3 24.30 --
4 25.51 --
2022/08/09 City Council Post Agenda Page 210 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 38 of 69
6373 ACE MAINTENANCE WORKER II
0 23.09 1,847.14
1 24.24 1,939.50
2 25.46 2,036.47
3 26.73 2,138.30
4 28.07 2,245.21
0228 CONF MANAGEMENT ANALYST I
0 31.75 2,540.11
1 33.34 2,667.11
2 35.01 2,800.47
3 36.76 2,940.50
4 38.59 3,087.51
0229 ACE MANAGEMENT ANALYST I
0 31.75 2,540.11
1 33.34 2,667.11
2 35.01 2,800.47
3 36.76 2,940.50
4 38.59 3,087.51
0224 CONF MANAGEMENT ANALYST II
0 34.93 2,794.12
1 36.67 2,933.83
2 38.51 3,080.50
3 40.43 3,234.53
4 42.45 3,396.25
0227 ACE MANAGEMENT ANALYST II
0 34.93 2,794.12
1 36.67 2,933.83
2 38.51 3,080.50
3 40.43 3,234.53
4 42.45 3,396.25
2781 SM MARKETING & COMMUNICATIONS MGR
0 60.41 4,832.76
1 -- --
2 62.11 4,969.08
3 -- --
4 73.43 5,874.25
2001 MY MAYOR
0 -- --
Effective 7/1/2022
1 -- --
2 -- --
3 -- --
4 72.70 5,816.25
2022/08/09 City Council Post Agenda Page 211 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 39 of 69
6550 ACE MECHANIC ASSISTANT
0 22.53 1,802.27
1 23.65 1,892.38
2 24.84 1,987.00
3 26.08 2,086.35
4 27.38 2,190.66
0238 CONF MGMT ANALYST I (CM'S OFFICE)
0 31.75 2,540.11
1 33.34 2,667.11
2 35.01 2,800.47
3 36.76 2,940.50
4 38.59 3,087.51
5571 PROF MULTIMEDIA DESIGNER
0 33.91 2,712.63
1 35.60 2,848.26
2 37.38 2,990.68
3 39.25 3,140.21
4 41.22 3,297.22
5569 ACE MULTIMEDIA PRODUCTON SPCLST
0 28.22 2,257.24
1 29.63 2,370.10
2 31.11 2,488.61
3 32.66 2,613.04
4 34.30 2,743.69
0160 UCHR OFFICE SPECIALIST
0 19.73 --
1 20.72 --
2 21.76 --
3 22.84 --
4 23.98 --
0161 ACE OFFICE SPECIALIST
0 19.73 1,578.59
1 20.72 1,657.52
2 21.76 1,740.41
3 22.84 1,827.42
4 23.98 1,918.78
0162 ACE OFFICE SPECIALIST-MAYOR
0 19.73 1,578.59
1 20.72 1,657.52
2 21.76 1,740.41
3 22.84 1,827.42
4 23.98 1,918.78
2022/08/09 City Council Post Agenda Page 212 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 40 of 69
6311 ACE OPEN SPACE INSPECTOR
0 35.20 2,816.37
1 36.96 2,957.19
2 38.81 3,105.05
3 40.75 3,260.31
4 42.79 3,423.32
6302 MM OPEN SPACE MANAGER
0 43.60 3,488.22
1 45.78 3,662.63
2 48.07 3,845.76
3 50.48 4,038.05
4 53.00 4,239.96
3025 MM OPERATIONS AND TELECOMM MGR
0 47.49 3,799.18
1 49.86 3,989.14
2 52.36 4,188.59
3 54.98 4,398.02
4 57.72 4,617.93
6434 ACE PAINTER
0 26.66 2,132.66
1 27.99 2,239.28
2 29.39 2,351.24
3 30.86 2,468.82
4 32.40 2,592.25
2475 CONF PARALEGAL
0 30.04 2,403.02
1 31.54 2,523.16
2 33.12 2,649.33
3 34.77 2,781.80
4 36.51 2,920.88
2476 UCHR PARALEGAL
0 30.04 --
1 31.54 --
2 33.12 --
3 34.77 --
4 36.51 --
5655 NIAF PARAMEDIC (NON-SAFETY)
0 18.72
1 19.66
2 20.64
3 21.67
4 22.75
2022/08/09 City Council Post Agenda Page 213 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 41 of 69
5656 UCHR PARAMEDIC (NS/HRLY)
0 18.72 --
1 19.66 --
2 20.64 --
3 21.67 --
4 22.75 --
7434 UCHR PARK RANGER
0 15.89 --
1 16.68 --
2 17.51 --
3 18.39 --
4 19.31 --
7431 PROF PARK RANGER PROGRAM MANAGER
0 45.02 3,601.25
1 47.27 3,781.31
2 49.63 3,970.38
3 52.11 4,168.90
4 54.72 4,377.34
7441 ACE PARK RANGER SUPERVISOR
0 34.01 2,720.57
1 35.71 2,856.59
2 37.49 2,999.43
3 39.37 3,149.40
4 41.34 3,306.87
5152 UCHR PARKING ENFORCEMENT OFFICER
0 21.24 --
1 22.30 --
2 23.42 --
3 24.59 --
4 25.82 --
5154 ACE PARKING ENFORCEMENT OFFICER
0 21.24 1,699.41
1 22.30 1,784.38
2 23.42 1,873.60
3 24.59 1,967.27
4 25.82 2,065.64
3693 ACE PARKING METER TECHNICIAN
0 23.37 1,869.35
1 24.54 1,962.82
2 25.76 2,060.96
3 27.05 2,164.00
4 28.40 2,272.20
2022/08/09 City Council Post Agenda Page 214 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 42 of 69
7407 SM PARKS & RECREATION ADM
0 60.46 4,837.00
1 63.49 5,078.84
2 66.66 5,332.79
3 69.99 5,599.42
4 73.49 5,879.39
6619 ACE PARKS MAINT WORKER I
0 21.02 1,681.52
1 22.07 1,765.59
2 23.17 1,853.87
3 24.33 1,946.57
4 25.55 2,043.90
6617 ACE PARKS MAINT WORKER II
0 23.12 1,849.67
1 24.28 1,942.15
2 25.49 2,039.27
3 26.77 2,141.22
4 28.10 2,248.28
6604 MM PARKS MANAGER
0 43.61 3,488.47
1 45.79 3,662.89
2 48.08 3,846.03
3 50.48 4,038.33
4 53.00 4,240.24
6605 ACE PARKS SUPERVISOR
0 34.01 2,720.57
1 35.71 2,856.59
2 37.49 2,999.43
3 39.37 3,149.40
4 41.34 3,306.87
5061 POA PEACE OFFICER
0 42.17 3,373.65
1 44.28 3,542.32
2 46.49 3,719.44
3 48.82 3,905.41
4 51.26 4,100.68
4731 MM PLAN CHECK SUPERVISOR
0 50.36 4,028.85
1 52.88 4,230.28
2 55.52 4,441.80
3 58.30 4,663.89
4 61.21 4,897.07
2022/08/09 City Council Post Agenda Page 215 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 43 of 69
4753 ACE PLAN CHECK TECHNICIAN
0 30.61 2,449.02
1 32.14 2,571.47
2 33.75 2,700.04
3 35.44 2,835.05
4 37.21 2,976.80
4727 SM PLANNING MANAGER
0 63.92 5,113.63
1 -- --
2 68.97 5,517.68
3 72.42 5,793.56
4 77.11 6,169.01
4527 ACE PLANNING TECHNICIAN
0 25.15 2,012.24
1 26.41 2,112.83
2 27.73 2,218.47
3 29.12 2,329.40
4 30.57 2,445.87
6432 ACE PLUMBER
0 29.89 2,391.39
1 31.39 2,510.96
2 32.96 2,636.51
3 34.60 2,768.33
4 36.33 2,906.76
5025 SM POLICE ADMIN SVCS ADMINISTRATR
0 58.71 4,696.90
1 -- --
2 -- --
3 -- --
4 71.36 5,708.92
5051 POA POLICE AGENT
0 46.44 3,714.92
1 48.76 3,900.67
2 51.20 4,095.70
3 53.76 4,300.47
4 56.44 4,515.49
5022 SM POLICE CAPTAIN
0 80.90 6,472.10
1 -- --
2 -- --
3 -- --
4 98.33 7,866.56
2022/08/09 City Council Post Agenda Page 216 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 44 of 69
5258 ACE POLICE COMM RELATIONS SPEC
0 26.87 2,149.75
1 28.22 2,257.24
2 29.63 2,370.10
3 31.11 2,488.61
4 32.66 2,613.04
5185 MM POLICE COMMUNICATIONS SYS MGR
0 47.77 3,821.44
1 50.16 4,012.51
2 52.66 4,213.14
3 55.30 4,423.79
4 58.06 4,644.98
5187 UCHR POLICE DISPATCH CALLTAKER
0 20.66 --
1 21.69 --
2 22.78 --
3 23.92 --
4 25.11 --
5180 UCHR POLICE DISPATCHER
0 29.72 --
1 31.21 --
2 32.77 --
3 34.41 --
4 36.13 --
5181 ACE POLICE DISPATCHER
0 29.72 2,377.95
1 31.21 2,496.85
2 32.77 2,621.69
3 34.41 2,752.77
4 36.13 2,890.40
5183 ACE POLICE DISPATCHER SUPERVISOR
0 34.59 2,767.24
1 36.32 2,905.60
2 38.14 3,050.88
3 40.04 3,203.43
4 42.05 3,363.60
5179 ACE POLICE DISPATCHER TRAINEE
0 27.02 2,161.77
1 28.37 2,269.86
2 29.79 2,383.35
3 31.28 2,502.52
4 32.85 2,627.64
2022/08/09 City Council Post Agenda Page 217 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 45 of 69
5191 ACE POLICE FACILITY & SUPPLY COORD
0 27.42 2,193.64
1 28.79 2,303.32
2 30.23 2,418.48
3 31.74 2,539.39
4 33.33 2,666.38
5031 POA POLICE LIEUTENANT
0 64.10 5,128.31
1 67.31 5,384.72
2 70.67 5,653.96
3 74.21 5,936.67
4 77.92 6,233.50
5203 ACE POLICE RECORDS & SUPPORT SUPV
0 26.60 2,127.95
1 27.93 2,234.35
2 29.33 2,346.07
3 30.79 2,463.37
4 32.33 2,586.54
0165 ACE POLICE RECORDS SPECIALIST
0 20.11 1,609.04
1 21.12 1,689.49
2 22.17 1,773.96
3 23.28 1,862.66
4 24.45 1,955.80
0166 UCHR POLICE RECORDS SPECIALIST
0 20.11 --
1 21.12 --
2 22.17 --
3 23.28 --
4 24.45 --
5071 ACE POLICE RECRUIT
0 31.93 2,554.55
1 33.53 2,682.26
2 -- --
3 -- --
4 -- --
5041 POA POLICE SERGEANT
0 53.42 4,273.27
1 56.09 4,486.94
2 58.89 4,711.29
3 61.84 4,946.84
4 64.93 5,194.19
2022/08/09 City Council Post Agenda Page 218 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 46 of 69
5415 ACE POLICE SERVICES TECHNICIAN
0 25.33 2,026.01
1 26.59 2,127.31
2 27.92 2,233.69
3 29.32 2,345.36
4 30.78 2,462.64
5207 UCHR POLICE SUPPORT SERVICES AIDE
0 15.00 --
1 15.75 --
2 16.54 --
3 17.36 --
4 18.23 --
5205 MM POLICE SUPPORT SERVICES MGR
0 44.64 3,570.92
1 46.87 3,749.47
2 49.21 3,936.94
3 51.67 4,133.78
4 54.26 4,340.47
5209 MM POLICE TECHNOLOGY MANAGER
0 47.49 3,799.18
1 49.86 3,989.14
2 52.36 4,188.59
3 54.98 4,398.02
4 57.72 4,617.93
5107 ACE POLICE TECHNOLOGY SPECIALIST
0 40.04 3,202.98
1 42.04 3,363.13
2 44.14 3,531.29
3 46.35 3,707.84
4 48.67 3,893.24
2013 PRUC POLICY AIDE
0 30.23 2,418.29
1 31.74 2,539.21
2 33.33 2,666.16
3 34.99 2,799.47
4 36.74 2,939.45
3629 MMCF PRINCIPAL ACCOUNTANT
0 44.25 3,539.84
1 46.46 3,716.83
2 48.78 3,902.67
3 51.22 4,097.80
4 53.78 4,302.69
2022/08/09 City Council Post Agenda Page 219 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 47 of 69
6021 MM PRINCIPAL CIVIL ENGINEER
0 61.12 4,889.53
1 64.18 5,134.01
2 67.38 5,390.71
3 70.75 5,660.25
4 74.29 5,943.26
2724 MM PRINCIPAL ECON DEV SPECIALIST
0 53.33 4,266.32
1 56.00 4,479.63
2 58.80 4,703.61
3 61.73 4,938.79
4 64.82 5,185.73
2724 PROF PRINCIPAL ECON DEV SPECIALIST
0 47.50 3,800.10
1 49.88 3,990.11
2 52.37 4,189.61
3 54.99 4,399.09
4 57.74 4,619.04
4486 MM PRINCIPAL LANDSCAPE ARCHITECT
0 51.40 4,112.15
1 53.97 4,317.76
2 56.67 4,533.65
3 59.50 4,760.33
4 62.48 4,998.34
7051 MM PRINCIPAL LIBRARIAN
0 44.70 3,576.06
1 46.94 3,754.85
2 49.28 3,942.59
3 51.75 4,139.73
4 54.33 4,346.72
0208 PROF PRINCIPAL MANAGEMENT ANALYST
0 46.77 3,741.61
1 49.11 3,928.69
2 51.56 4,125.12
3 54.14 4,331.38
4 56.85 4,547.95
0214 PRCF PRINCIPAL MANAGEMENT ANALYST
0 46.77 3,741.61
1 49.11 3,928.69
2 51.56 4,125.12
3 54.14 4,331.38
4 56.85 4,547.95
2022/08/09 City Council Post Agenda Page 220 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 48 of 69
4431 MM PRINCIPAL PLANNER
0 53.33 4,266.32
1 56.00 4,479.63
2 58.80 4,703.61
3 61.73 4,938.79
4 64.82 5,185.73
4212 PROF PRINCIPAL PROJECT COORDINATOR
0 53.33 4,266.32
1 56.00 4,479.63
2 58.80 4,703.61
3 61.73 4,938.79
4 64.82 5,185.73
7410 MM PRINCIPAL RECREATION MANAGER
0 44.96 3,596.56
1 47.20 3,776.38
2 49.57 3,965.20
3 52.04 4,163.46
4 54.65 4,371.64
6020 MM PRINCIPAL TRAFFIC ENGINEER
0 61.12 4,889.53
1 64.18 5,134.01
2 67.38 5,390.71
3 70.75 5,660.25
4 74.29 5,943.26
3717 MM PROCUREMENT SERVICES ANALYST
0 44.26 3,541.02
1 46.48 3,718.07
2 48.80 3,903.97
3 51.24 4,099.17
4 53.80 4,304.13
3721 ACE PROCUREMENT SPECIALIST
0 31.12 2,489.40
1 32.67 2,613.85
2 34.31 2,744.53
3 36.02 2,881.78
4 37.82 3,025.86
3090 PROF PROGRAMMER ANALYST
0 39.86 3,188.54
1 41.85 3,347.96
2 43.94 3,515.37
3 46.14 3,691.14
4 48.45 3,875.69
2022/08/09 City Council Post Agenda Page 221 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 49 of 69
4217 ACE PROJECT COORDINATOR I
0 33.31 2,665.16
1 34.98 2,798.42
2 36.73 2,938.34
3 38.57 3,085.26
4 40.49 3,239.52
4218 UCHR PROJECT COORDINATOR I
0 33.31 --
1 34.98 --
2 36.73 --
3 38.57 --
4 40.49 --
4215 ACE PROJECT COORDINATOR II
0 36.65 2,931.67
1 38.48 3,078.26
2 40.40 3,232.18
3 42.42 3,393.78
4 44.54 3,563.47
5127 ACE PROPERTY & EVIDENCE SPECIALIST
0 22.25 1,779.83
1 23.36 1,868.82
2 24.53 1,962.27
3 25.75 2,060.38
4 27.04 2,163.40
5128 UCHR PROPERTY & EVIDENCE SPECIALIST
0 22.25 --
1 23.36 --
2 24.53 --
3 25.75 --
4 27.04 --
5121 ACE PROPERTY & EVIDENCE SUPERVISOR
0 29.42 2,353.82
1 30.89 2,471.52
2 32.44 2,595.09
3 34.06 2,724.85
4 35.76 2,861.09
2782 CONF PUBLIC INFORMATION SPECIALIST
0 31.32 2,505.96
1 32.89 2,631.28
2 34.54 2,762.82
3 36.26 2,900.97
4 38.08 3,046.02
2022/08/09 City Council Post Agenda Page 222 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 50 of 69
2783 ACE PUBLIC INFORMATION SPECIALIST
0 31.32 2,505.96
1 32.89 2,631.28
2 34.54 2,762.82
3 36.26 2,900.97
4 38.08 3,046.02
5254 ACE PUBLIC SAFETY ANALYST
0 34.28 2,742.22
1 35.99 2,879.33
2 37.79 3,023.30
3 39.68 3,174.48
4 41.66 3,333.19
5256 UCHR PUBLIC SAFETY ANALYST
0 34.28 --
1 35.99 --
2 37.79 --
3 39.68 --
4 41.66 --
6123 ACE PUBLIC WORKS INSPECTOR I
0 32.00 2,560.35
1 33.60 2,688.35
2 35.28 2,822.78
3 37.05 2,963.91
4 38.90 3,112.11
6121 ACE PUBLIC WORKS INSPECTOR II
0 35.20 2,816.36
1 36.96 2,957.18
2 38.81 3,105.03
3 40.75 3,260.31
4 42.79 3,423.31
6336 MM PUBLIC WORKS MANAGER
0 45.83 3,666.11
1 48.12 3,849.41
2 50.52 4,041.88
3 53.05 4,243.98
4 55.70 4,456.18
6712 ACE PUBLIC WORKS SPECIALIST
0 25.51 2,040.85
1 26.79 2,142.88
2 28.13 2,250.02
3 29.53 2,362.52
4 31.01 2,480.67
2022/08/09 City Council Post Agenda Page 223 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 51 of 69
6327 SM PUBLIC WORKS SUPERINTENDENT
0 58.78 4,702.35
1 61.72 4,937.46
2 64.80 5,184.34
3 68.04 5,443.55
4 71.45 5,715.74
6337 ACE PUBLIC WORKS SUPERVISOR
0 34.01 2,720.57
1 35.71 2,856.59
2 37.49 2,999.43
3 39.37 3,149.40
4 41.34 3,306.87
6392 ACE PUMP MAINTENANCE SUPERVISOR
0 34.57 2,765.93
1 36.30 2,904.24
2 38.12 3,049.44
3 40.02 3,201.91
4 42.03 3,362.01
6396 ACE PUMP MAINTENANCE TECHNICIAN
0 30.06 2,405.16
1 31.57 2,525.42
2 33.15 2,651.68
3 34.80 2,784.26
4 36.54 2,923.48
5417 ACE RANGE MASTER
0 25.70 2,056.28
1 26.99 2,159.10
2 28.34 2,267.05
3 29.76 2,380.40
4 31.24 2,499.43
5418 UCHR RANGE MASTER
0 25.70 --
1 26.99 --
2 28.34 --
3 29.76 --
4 31.24 --
2211 MM RECORDS MANAGER
0 35.55 2,843.62
1 37.32 2,985.81
2 39.19 3,135.09
3 41.15 3,291.86
4 43.21 3,456.44
2022/08/09 City Council Post Agenda Page 224 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 52 of 69
2217 ACE RECORDS SPECIALIST
0 21.71 1,736.48
1 22.79 1,823.30
2 23.93 1,914.47
3 25.13 2,010.20
4 26.38 2,110.69
7605 UCHR RECREATION AIDE
0 15.00 --
1 15.75 --
2 16.54 --
3 17.36 --
4 18.23 --
7603 UCHR RECREATION LEADER
0 17.25 --
1 18.11 --
2 19.02 --
3 19.97 --
4 20.97 --
7601 UCHR RECREATION SPECIALIST
0 20.70 --
1 21.74 --
2 22.82 --
3 23.96 --
4 25.16 --
7425 ACE RECREATION SUPERVISOR I
0 25.88 2,070.77
1 27.18 2,174.30
2 28.54 2,283.03
3 29.96 2,397.17
4 31.46 2,517.03
7426 UCHR RECREATION SUPERVISOR I
0 25.88 --
1 27.18 --
2 28.54 --
3 29.96 --
4 31.46 --
7423 ACE RECREATION SUPERVISOR II
0 28.47 2,277.84
1 29.90 2,391.74
2 31.39 2,511.32
3 32.96 2,636.89
4 34.61 2,768.74
2022/08/09 City Council Post Agenda Page 225 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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
7422 ACE RECREATION SUPERVISOR III
0 32.74 2,619.52
1 34.38 2,750.50
2 36.10 2,888.03
3 37.91 3,032.42
4 39.80 3,184.04
2742 ACE RECYCLING SPECIALIST I
0 25.27 2,021.74
1 26.54 2,122.83
2 27.86 2,228.98
3 29.26 2,340.41
4 30.72 2,457.44
2744 ACE RECYCLING SPECIALIST II
0 27.80 2,223.92
1 29.19 2,335.13
2 30.65 2,451.87
3 32.18 2,574.47
4 33.79 2,703.19
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 --
2022/08/09 City Council Post Agenda Page 226 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 54 of 69
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 --
0171 ACE SECRETARY
0 21.71 1,736.48
1 22.79 1,823.30
2 23.93 1,914.47
3 25.13 2,010.20
4 26.38 2,110.69
3630 MMCF SENIOR ACCOUNTANT
0 39.86 3,188.83
1 41.85 3,348.27
2 43.95 3,515.68
3 46.14 3,691.47
4 48.45 3,876.04
3632 UCHR SENIOR ACCOUNTANT
0 39.86 --
1 41.85 --
2 43.95 --
3 46.14 --
4 48.45 --
3651 ACE SENIOR ACCOUNTING ASSISTANT
0 25.79 2,063.34
1 27.08 2,166.50
2 28.44 2,274.84
3 29.86 2,388.60
4 31.35 2,508.02
2022/08/09 City Council Post Agenda Page 227 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 55 of 69
0185 ACE SENIOR ADMIN SECRETARY
0 30.49 2,438.99
1 32.01 2,560.93
2 33.61 2,688.99
3 35.29 2,823.41
4 37.06 2,964.59
5345 ACE SENIOR ANIMAL CARE SPECIALIST
0 23.13 1,850.12
1 24.28 1,942.63
2 25.50 2,039.76
3 26.77 2,141.75
4 28.11 2,248.83
3089 PROF SENIOR APPLICATION SUPP SPEC
0 44.15 3,532.19
1 46.36 3,708.80
2 48.68 3,894.24
3 51.11 4,088.96
4 53.67 4,293.40
2403 SM SENIOR ASSISTANT CITY ATTORNEY
0 82.87 6,629.20
1 -- --
2 -- --
3 -- --
4 100.72 8,057.84
4781 ACE SENIOR BUILDING INSPECTOR
0 40.49 3,238.81
1 42.51 3,400.76
2 44.64 3,570.80
3 46.87 3,749.34
4 49.21 3,936.79
4507 ACE SENIOR BUSINESS LICENSE REP
0 25.79 2,063.34
1 27.08 2,166.50
2 28.44 2,274.84
3 29.86 2,388.60
4 31.35 2,508.02
6019 WCE SENIOR CIVIL ENGINEER
0 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
2022/08/09 City Council Post Agenda Page 228 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 56 of 69
4763 ACE SENIOR CODE ENFORCEMNT OFFICER
0 38.68 3,094.59
1 40.62 3,249.31
2 42.65 3,411.79
3 44.78 3,582.36
4 47.02 3,761.49
6204 ACE SENIOR CONSERVATION SPECIALIST
0 31.97 2,557.53
1 33.57 2,685.41
2 35.25 2,819.67
3 37.01 2,960.65
4 38.86 3,108.69
2025 UCHR SENIOR COUNCIL ASSISTANT
0 28.66 --
1 30.10 --
2 31.60 --
3 33.18 --
4 34.84 --
2027 CONF SENIOR COUNCIL ASSISTANT
0 23.80 1,903.84
1 24.99 1,999.03
2 26.24 2,098.98
3 27.55 2,203.92
4 28.93 2,314.13
2725 PROF SENIOR ECON DEVELOPMENT SPEC
0 45.02 3,601.25
1 47.27 3,781.31
2 49.63 3,970.38
3 52.11 4,168.90
4 54.72 4,377.34
6442 ACE SENIOR ELECTRICIAN
0 34.38 2,750.10
1 36.10 2,887.61
2 37.90 3,031.99
3 39.79 3,183.58
4 41.78 3,342.76
6471 ACE SENIOR ELECTRONICS TECHNICIAN
0 37.81 3,025.12
1 39.70 3,176.37
2 41.69 3,335.19
3 43.77 3,501.95
4 45.96 3,677.04
2022/08/09 City Council Post Agenda Page 229 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 57 of 69
6059 ACE SENIOR ENGINEERING TECHNICIAN
0 35.20 2,816.36
1 36.96 2,957.18
2 38.81 3,105.03
3 40.75 3,260.31
4 42.79 3,423.31
6512 ACE SENIOR EQUIPMENT MECHANIC
0 33.07 2,645.68
1 34.72 2,777.96
2 36.46 2,916.85
3 38.28 3,062.69
4 40.20 3,215.83
5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG
0 41.45 3,315.78
1 43.52 3,481.56
2 45.70 3,655.64
3 47.98 3,838.43
4 50.38 4,030.34
0175 ACE SENIOR FISCAL OFFICE SPECIALST
0 22.79 1,823.29
1 23.93 1,914.46
2 25.13 2,010.19
3 26.38 2,110.69
4 27.70 2,216.23
0176 UCHR SENIOR FISCAL OFFICE SPECIALST
0 22.79 --
1 23.93 --
2 25.13 --
3 26.38 --
4 27.70 --
3080 ACE SENIOR GIS SPECIALIST
0 36.76 2,941.15
1 38.60 3,088.21
2 40.53 3,242.62
3 42.56 3,404.75
4 44.69 3,574.99
2764 PROF SENIOR GRAPHIC DESIGNER
0 37.16 2,972.99
1 39.02 3,121.64
2 40.97 3,277.73
3 43.02 3,441.61
4 45.17 3,613.68
2022/08/09 City Council Post Agenda Page 230 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 58 of 69
3308 PRCF SENIOR HR ANALYST
0 41.55 3,323.76
1 43.62 3,489.95
2 45.81 3,664.45
3 48.10 3,847.67
4 50.50 4,040.06
3313 UCHR SENIOR HR ANALYST
0 41.55 --
1 43.62 --
2 45.81 --
3 48.10 --
4 50.50 --
3316 CONF SENIOR HR TECHNICIAN
0 30.69 2,455.28
1 32.23 2,578.05
2 33.84 2,706.96
3 35.53 2,842.30
4 37.31 2,984.42
6441 ACE SENIOR HVAC TECHNICIAN
0 34.38 2,750.10
1 36.10 2,887.61
2 37.90 3,031.99
3 39.79 3,183.58
4 41.78 3,342.76
3012 PROF SENIOR INFO TECH SUPPORT SPEC
0 39.01 3,120.41
1 40.96 3,276.43
2 43.00 3,440.25
3 45.15 3,612.26
4 47.41 3,792.87
3031 PROF SENIOR ITS/POL SPEC II (T)
0 42.98 3,438.58
1 45.13 3,610.51
2 47.39 3,791.04
3 49.76 3,980.59
4 52.25 4,179.62
6285 WCE SENIOR LAND SURVEYOR
0 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
2022/08/09 City Council Post Agenda Page 231 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 59 of 69
6295 ACE SENIOR LANDSCAPE INSPECTOR
0 40.49 3,238.83
1 42.51 3,400.77
2 44.64 3,570.81
3 46.87 3,749.35
4 49.21 3,936.81
5110 ACE SENIOR LATENT PRINT EXAMINER
0 43.45 3,476.36
1 45.63 3,650.19
2 47.91 3,832.69
3 50.30 4,024.34
4 52.82 4,225.54
2463 CONF SENIOR LEGAL ASSISTANT
0 30.79 2,463.14
1 32.33 2,586.28
2 33.95 2,715.60
3 35.64 2,851.38
4 37.42 2,993.96
7053 MM SENIOR LIBRARIAN
0 35.67 2,853.30
1 37.45 2,995.97
2 39.32 3,145.77
3 41.29 3,303.06
4 43.35 3,468.21
7589 UCHR SENIOR LIFEGUARD
0 19.37 --
1 20.34 --
2 21.36 --
3 22.43 --
4 23.55 --
6371 ACE SENIOR MAINTENANCE WORKER
0 27.71 2,216.57
1 29.09 2,327.40
2 30.55 2,443.77
3 32.07 2,565.96
4 33.68 2,694.26
0206 PROF SENIOR MANAGEMENT ANALYST
0 42.52 3,401.46
1 44.64 3,571.54
2 46.88 3,750.11
3 49.22 3,937.62
4 51.68 4,134.50
2022/08/09 City Council Post Agenda Page 232 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 60 of 69
0226 PRCF SENIOR MANAGEMENT ANALYST
0 42.52 3,401.46
1 44.64 3,571.54
2 46.88 3,750.11
3 49.22 3,937.62
4 51.68 4,134.50
3051 PROF SENIOR NETWORK ENGINEER
0 52.43 4,194.61
1 55.05 4,404.35
2 57.81 4,624.57
3 60.70 4,855.79
4 63.73 5,098.58
0173 ACE SENIOR OFFICE SPECIALIST
0 21.71 1,736.48
1 22.79 1,823.30
2 23.93 1,914.47
3 25.13 2,010.20
4 26.38 2,110.69
0174 UCHR SENIOR OFFICE SPECIALIST
0 21.71 --
1 22.79 --
2 23.93 --
3 25.13 --
4 26.38 --
6309 ACE SENIOR OPEN SPACE INSPECTOR
0 40.49 3,238.83
1 42.51 3,400.77
2 44.64 3,570.81
3 46.87 3,749.35
4 49.21 3,936.81
7439 ACE SENIOR PARK RANGER
0 27.71 2,216.57
1 29.09 2,327.40
2 30.55 2,443.77
3 32.07 2,565.96
4 33.68 2,694.26
5157 ACE SENIOR PARKING ENFORCEMENT OFF
0 23.37 1,869.35
1 24.54 1,962.82
2 25.76 2,060.96
3 27.05 2,164.00
4 28.40 2,272.20
2022/08/09 City Council Post Agenda Page 233 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 61 of 69
6615 ACE SENIOR PARKS MAINT WORKER
0 27.75 2,219.60
1 29.13 2,330.59
2 30.59 2,447.11
3 32.12 2,569.47
4 33.72 2,697.94
4746 WCE SENIOR PLAN CHECK ENGINEER
0 48.25 3,860.03
1 50.66 4,053.03
2 53.20 4,255.68
3 55.86 4,468.47
4 58.65 4,691.89
4751 ACE SENIOR PLAN CHECK TECHNICIAN
0 35.20 2,816.36
1 36.96 2,957.18
2 38.81 3,105.03
3 40.75 3,260.31
4 42.79 3,423.31
4432 PROF SENIOR PLANNER
0 45.02 3,601.25
1 47.27 3,781.31
2 49.63 3,970.38
3 52.11 4,168.90
4 54.72 4,377.34
4434 UCHR SENIOR PLANNER
0 45.02 --
1 47.27 --
2 49.63 --
3 52.11 --
4 54.72 --
4529 ACE SENIOR PLANNING TECHNICIAN
0 28.93 2,314.05
1 30.37 2,429.76
2 31.89 2,551.25
3 33.49 2,678.81
4 35.16 2,812.76
0135 ACE SENIOR POLICE RECORDS SPEC
0 23.13 1,850.39
1 24.29 1,942.92
2 25.50 2,040.06
3 26.78 2,142.06
4 28.11 2,249.16
2022/08/09 City Council Post Agenda Page 234 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 62 of 69
0136 UCHR SENIOR POLICE RECORDS SPEC
0 23.13 --
1 24.29 --
2 25.50 --
3 26.78 --
4 28.11 --
3728 PROF SENIOR PROCUREMENT SPECIALIST
0 33.73 2,698.19
1 35.41 2,833.10
2 37.18 2,974.76
3 39.04 3,123.50
4 41.00 3,279.66
3091 PROF SENIOR PROGRAMMER ANALYST
0 45.44 3,635.01
1 47.71 3,816.77
2 50.10 4,007.61
3 52.60 4,207.99
4 55.23 4,418.38
4214 PROF SENIOR PROJECT COORDINATOR
0 45.02 3,601.25
1 47.27 3,781.31
2 49.63 3,970.38
3 52.11 4,168.90
4 54.72 4,377.34
5125 ACE SENIOR PROPRTY & EVIDENCE SPEC
0 25.59 2,046.80
1 26.86 2,149.15
2 28.21 2,256.61
3 29.62 2,369.43
4 31.10 2,487.90
5248 UCHR SENIOR PUBLIC SAFETY ANALYST
0 42.52 --
1 44.64 --
2 46.88 --
3 49.22 --
4 51.68 --
5260 PROF SENIOR PUBLIC SAFETY ANALYST
0 42.52 3,401.46
1 44.64 3,571.54
2 46.88 3,750.11
3 49.22 3,937.62
4 51.68 4,134.50
2022/08/09 City Council Post Agenda Page 235 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 63 of 69
6101 ACE SENIOR PUBLIC WORKS INSPECTOR
0 40.49 3,238.82
1 42.51 3,400.77
2 44.64 3,570.81
3 46.87 3,749.35
4 49.21 3,936.80
6702 ACE SENIOR PUBLIC WORKS SPECIALIST
0 30.61 2,449.01
1 32.14 2,571.46
2 33.75 2,700.03
3 35.44 2,835.03
4 37.21 2,976.79
2215 ACE SENIOR RECORDS SPECIALIST
0 24.96 1,996.95
1 26.21 2,096.79
2 27.52 2,201.63
3 28.90 2,311.72
4 30.34 2,427.30
2746 ACE SENIOR RECYCLING SPECIALIST
0 31.97 2,557.53
1 33.57 2,685.41
2 35.25 2,819.67
3 37.01 2,960.65
4 38.86 3,108.69
3365 PRCF SENIOR RISK MANAGEMENT SPEC
0 43.38 3,470.39
1 45.55 3,643.91
2 47.83 3,826.10
3 50.22 4,017.41
4 52.73 4,218.28
0177 ACE SENIOR SECRETARY
0 23.88 1,910.12
1 25.07 2,005.64
2 26.32 2,105.91
3 27.64 2,211.22
4 29.02 2,321.78
6573 ACE SENIOR TREE TRIMMER
0 30.52 2,441.56
1 32.05 2,563.65
2 33.65 2,691.82
3 35.33 2,826.42
4 37.10 2,967.74
2022/08/09 City Council Post Agenda Page 236 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 64 of 69
2779 PROF SENIOR WEBMASTER
0 37.30 2,983.89
1 39.16 3,133.07
2 41.12 3,289.74
3 43.18 3,454.23
4 45.34 3,626.94
6169 ACE SIGNAL SYSTEMS ENGINEER I
0 36.79 2,943.50
1 38.63 3,090.66
2 40.57 3,245.20
3 42.59 3,407.47
4 44.72 3,577.83
6170 ACE SIGNAL SYSTEMS ENGINEER II
0 40.47 3,237.84
1 42.50 3,399.74
2 44.62 3,569.71
3 46.85 3,748.20
4 49.20 3,935.61
6355 ACE SIGNING AND STRIPING SUPV
0 34.01 2,720.57
1 35.71 2,856.59
2 37.49 2,999.43
3 39.37 3,149.40
4 41.34 3,306.87
2751 SM SPECIAL PROJECTS MGR
0 49.72 3,977.42
1 50.98 4,078.27
2 53.53 4,282.18
3 -- --
4 60.43 4,834.56
3734 ACE STOREKEEPER
0 23.09 1,847.14
1 24.24 1,939.50
2 25.46 2,036.47
3 26.73 2,138.30
4 28.07 2,245.21
3732 ACE STOREKEEPER SUPERVISOR
0 27.71 2,216.57
1 29.09 2,327.40
2 30.55 2,443.77
3 32.07 2,565.96
4 33.68 2,694.26
2022/08/09 City Council Post Agenda Page 237 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 65 of 69
6127 ACE STORMWATER COMPLNCE INSP I
0 29.87 2,389.36
1 31.36 2,508.83
2 32.93 2,634.27
3 34.57 2,765.99
4 36.30 2,904.29
6125 ACE STORMWATER COMPLNCE INSP II
0 32.85 2,628.30
1 34.50 2,759.71
2 36.22 2,897.70
3 38.03 3,042.59
4 39.93 3,194.71
6137 ACE STORMWATER ENV SPECIALIST I
0 33.46 2,676.71
1 35.13 2,810.56
2 36.89 2,951.08
3 38.73 3,098.64
4 40.67 3,253.58
6135 ACE STORMWATER ENV SPECIALIST II
0 36.81 2,944.40
1 38.65 3,091.62
2 40.58 3,246.20
3 42.61 3,408.49
4 44.74 3,578.94
6131 MM STORMWATER PROGRAM MANAGER
0 49.68 3,974.36
1 52.16 4,173.08
2 54.77 4,381.73
3 57.51 4,600.82
4 60.39 4,830.86
5241 MM SUPRVSNG PUBLIC SAFETY ANALYST
0 48.90 3,911.68
1 51.34 4,107.27
2 53.91 4,312.63
3 56.60 4,528.26
4 59.43 4,754.67
6151 ACE SURVEY TECHNICIAN I
0 27.83 2,226.37
1 29.22 2,337.69
2 30.68 2,454.57
3 32.22 2,577.31
4 33.83 2,706.18
2022/08/09 City Council Post Agenda Page 238 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 66 of 69
6141 ACE SURVEY TECHNICIAN II
0 30.61 2,449.01
1 32.14 2,571.46
2 33.75 2,700.03
3 35.44 2,835.03
4 37.21 2,976.79
3015 PROF SYSTEMS/DATABASE ADMINISTRATOR
0 41.51 3,320.42
1 43.58 3,486.45
2 45.76 3,660.76
3 48.05 3,843.81
4 50.45 4,035.99
3027 ACE TELECOMMUNICATIONS SPECIALIST
0 25.76 2,060.45
1 27.04 2,163.47
2 28.40 2,271.64
3 29.82 2,385.22
4 31.31 2,504.49
7503 UCHR TINY TOT AIDE
0 15.25 --
1 16.01 --
2 16.81 --
3 17.65 --
4 18.53 --
7505 UCHR TINY TOT SPECIALIST
0 18.30 --
1 19.21 --
2 20.17 --
3 21.18 --
4 22.24 --
5155 UCHR TRAFFIC CONTROL ASSISTANT
0 15.69 --
1 16.48 --
2 17.30 --
3 18.17 --
4 19.08 --
5293 UCHR TRAFFIC OFFICER
0 15.69 --
1 16.48 --
2 17.30 --
3 18.17 --
4 19.08 --
2022/08/09 City Council Post Agenda Page 239 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 67 of 69
6187 ACE TRAFFIC SIGNAL & LIGHT TECH I
0 29.32 2,345.97
1 30.79 2,463.27
2 32.33 2,586.43
3 33.95 2,715.75
4 35.64 2,851.54
6185 ACE TRAFFIC SIGNAL & LIGHT TECH II
0 32.26 2,580.57
1 33.87 2,709.59
2 35.56 2,845.08
3 37.34 2,987.31
4 39.21 3,136.69
6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV
0 37.10 2,967.65
1 38.95 3,116.04
2 40.90 3,271.83
3 42.94 3,435.43
4 45.09 3,607.18
5262 ACE TRAINING PROGRAM SPECIALIST
0 26.87 2,149.75
1 28.22 2,257.24
2 29.63 2,370.10
3 31.11 2,488.61
4 32.66 2,613.04
6031 WCE TRANSPORTATION ENGR W CERT
0 52.06 4,164.62
1 54.66 4,372.85
2 57.39 4,591.49
3 60.26 4,821.07
4 63.28 5,062.12
6033 WCE TRANSPORTATION ENGR W/O CERT
0 49.58 3,966.31
1 52.06 4,164.63
2 54.66 4,372.86
3 57.39 4,591.50
4 60.26 4,821.08
6575 ACE TREE TRIMMER
0 25.43 2,034.63
1 26.70 2,136.37
2 28.04 2,243.18
3 29.44 2,355.34
4 30.91 2,473.11
2022/08/09 City Council Post Agenda Page 240 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 68 of 69
6572 ACE TREE TRIMMER SUPERVISOR
0 35.10 2,807.79
1 36.85 2,948.19
2 38.70 3,095.60
3 40.63 3,250.38
4 42.66 3,412.90
5308 UCHR VETERINARIAN
0 46.77 --
1 49.11 --
2 51.57 --
3 54.15 --
4 56.85 --
5322 UCHR VETERINARIAN (PERMITTED)
0 66.13 --
1 69.44 --
2 72.91 --
3 76.56 --
4 80.39 --
5331 PROF VETERINARIAN (PERMITTED)
0 59.32 4,745.35
1 62.28 4,982.61
2 65.40 5,231.75
3 68.67 5,493.34
4 72.10 5,768.00
5335 PROF VETERINARIAN I
0 42.13 3,370.27
1 44.23 3,538.79
2 46.45 3,715.73
3 48.77 3,901.51
4 51.21 4,096.59
5333 PROF VETERINARIAN II
0 48.45 3,875.81
1 50.87 4,069.59
2 53.41 4,273.08
3 56.08 4,486.73
4 58.89 4,711.07
5334 UCHR VETERINARIAN II
0 47.04 --
1 49.39 --
2 51.86 --
3 54.45 --
4 57.17 --
2022/08/09 City Council Post Agenda Page 241 of 535
Fiscal Year 2022-2023 Compensation Schedule
Effective August 12, 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 69 of 69
5323 UCHR VETERINARY ASSISTANT
0 20.11 --
1 21.12 --
2 22.17 --
3 23.28 --
4 24.44 --
5325 ACE VETERINARY ASSISTANT
0 20.11 1,608.82
1 21.12 1,689.25
2 22.17 1,773.71
3 23.28 1,862.41
4 24.44 1,955.52
7131 ACE VOLUNTEER COORDINATOR
0 21.98 1,758.68
1 23.08 1,846.62
2 24.24 1,938.96
3 25.45 2,035.90
4 26.72 2,137.69
2777 ACE WEBMASTER
0 33.09 2,647.10
1 34.74 2,779.45
2 36.48 2,918.43
3 38.30 3,064.34
4 40.22 3,217.56
Revised:
July 12, 2022 (Effective July 1, 2022)
August 9, 2022 (Effective August 12, 2022 | FA IVDC-LECC Executive Director salary effective January 1, 2022; Mayor, City Attorney and Councilperson salaries
effective July 1, 2022)
2022/08/09 City Council Post Agenda Page 242 of 535
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE
ADDITION AND DELETION OF VARIOUS POSITION TITLES
AND AMENDING THE AUTHORIZED POSITION COUNT IN
VARIOUS DEPARTMENTS
WHEREAS, Civil Service Rule 1.02(A), which applies to the City’s classified positions,
provides for necessary reviews and changes so that the City’s classification plan is kept current,
and that changes in existing classes, the establishment of new classes or the abolition of classes
are properly reflected in the classification plan; and
WHEREAS, in an effort to address the needs of various departments and the City's
workforce, the Human Resources Department, in conjunction with the affected departments, is
proposing the certain position changes; and
WHEREAS, a summary of the new and updated classifications and the E-Step salaries are
as follows:
Position Title Employee Group Bi-Weekly
E Step
Animal Care Facility Supervisor ACE $3,122.77
FA IVDC-LECC Executive Director SM $5,589.46*
Information Technology Security Analyst PROF $4,630.20
Senior Assistant City Attorney SM $8,057.84
* Salary is effective January 1, 2022
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the amendments to the Compensation Schedule and Classification Plan to reflect
the changes described above.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the following changes to the Fiscal Year 2022-2023 authorized position counts:
Department Position Title FTE
General Fund
Administration Senior Management Analyst -1.00
Special Projects Manager 1.00
Engineering and Capital Projects Associate Engineer -1.00
Senior Land Surveyor 1.00
Finance Senior Accountant 1.00
Fire Fire Prevention Engineer/Investigator -1.00
Senior Fire Inspector/Investigator 1.00
General Fund Total 1.00
2022/08/09 City Council Post Agenda Page 243 of 535
Department Position Title FTE
Measure A Fund
Fire
Fire Captain 2.00
Fire Engineer 2.00
Firefighter/Paramedic 3.00
Senior Application Support Specialist 1.00
EMS Inventory Control Specialist 1.00
Measure A Fund Total 9.00
Total City-Wide Position Changes (Net Increase/Decrease) 9.00
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2022/08/09 City Council Post Agenda Page 244 of 535
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SALARY ADJUSTMENT FOR
THE CITY MANAGER AND AMENDING THE CITY
MANAGER EMPLOYMENT AGREEMENT
WHEREAS, on June 9, 2020, the City Council of the City of Chula Vista appointed Maria
Kachadoorian to serve as the City Manager effective June 20, 2021 and subsequently approved the
City Manager Employment Agreement; and
WHEREAS, Section 7C of the City Manager Employment Agreement states, in part, “The
City Council may increase the Manager’s Base Salary at any time in the sole discretion of the City
Council”; and
WHEREAS, Section 7D further reads, “Manager’s Base Salary increases approved by the
City Council from time to time pursuant to this Agreement shall not require an amendment to this
Agreement to be effective. Such may be set forth in an annual salary resolution or minute action
approved by the City Council and ratified by resolution”; and
WHEREAS, on August 10, 2021, the City Council amended the City Manager salary and
benefits effective August 13, 2021; and
WHEREAS, on July 26, 2022, the City Council convened in closed session to consider the
City Manager’s evaluation of performance; the Mayor subsequently directed the staff to adjust the
City Manager salary by 3.2% to $300,002 and provide the maximum annual life insurance provided
by the City’s benefit plan August 12, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves a salary adjustment to increase Ms. Kachadoorian’s base annual salary from the
current $290,700 to $300,002 and amending the City Manager employment agreement to provide
the maximum annual life insurance provided by the City’s benefit plan August 12, 2022.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
2022/08/09 City Council Post Agenda Page 245 of 535
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2022-2023 COMPENSATION SCHEDULE EFFECTIVE
AUGUST 12, 2022, AS REQUIRED BY CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for
purposes of determining a retiring employee's pension allowance, the pay rate be limited to the
amount listed on a pay schedule that meets certain requirements and be approved by the governing
body in accordance with the requirements of the applicable public meeting laws; and
WHEREAS, the Fiscal Year 2022-2023 Compensation Schedule ("Compensation
Schedule") was approved by the City Council at their meeting of July 12, 2022; and
WHEREAS, any changes including but not limited to, across-the-board increases,
classification changes and salary adjustments approved subsequent to this date, will be reflected
on a revised Compensation Schedule and submitted to Council approval; and
WHEREAS, the revised Fiscal Year 2022-2023 Compensation Schedule reflects (1) the
addition of the Animal Care Facility Supervisor and Information Technology Security Analyst
position titles; (2) the salary adjustment for City Manager; the salary adjustment for the FA IVDC-
LECC Executive Director position effective January 1, 2022, (3) employee group change for the
Senior Assistant City Attorney from Executive Management to Senior Management and (4) the
adjusted salaries for Mayor, Councilmembers and City Attorney (Elected) in accordance with City
Charter sections 302, 304(C) and 503(C) effective July 1, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the
revised Fiscal Year 2022-2023 Compensation Schedule, a copy of which is available in the City
Clerk’s Office, to reflect (1) the addition of the Animal Care Facility Supervisor and Information
Technology Security Analyst position titles; (2) the salary adjustment for City Manager; the salary
adjustment for the FA IVDC-LECC Executive Director position effective January 1, 2022, (3)
employee group change for the Senior Assistant City Attorney from Executive Management t o
Senior Management and (4) the adjusted salaries for Mayor, Councilmembers and City Attorney
(Elected) in accordance with City Charter sections 302, 304(C) and 503(C) effective July 1, 2022.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
2022/08/09 City Council Post Agenda Page 246 of 535
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2022/23 BUDGET FOR APPROPRIATING
FUNDS THEREFOR (4/5 VOTE REQUIRED)
WHEREAS, the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS, staff is recommending $47,783 in expense appropriations and $47,783 in
revenue appropriations in the General Fund resulting in no net fiscal impact; and
WHEREAS, staff is recommending $1,211,793 in expense appropriations from the
Measure A Sales Tax Fund available fund balance resulting in a net fiscal impact of $1,211,793.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby amend the fiscal year 2022/23 budget and approves the following appropriations:
Summary of General Fund Appropriations
Summary of Appropriations for Other Funds
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources /Risk Management City Attorney
GENERAL FUND BUDGET ADJUSTMENTS SUMMARY
Department Personnel Services Revenues Net Cost
Administration 30,014 - 30,014
Engineeering and Capital Project 17,769 - 17,769
Non-Departmental - (47,783) (47,783)
TOTAL EST. GENERAL FUND COST 47,783 (47,783) -
OTHER FUNDS BUDGET ADJUSTMENTS SUMMARY
Fund/Department Personnel Services Revenues Net Cost
2018 Measure A Sales Tax Fund
(Fire)1,211,793 - 1,211,793
TOTAL EST. OTHER FUNDS COST 1,211,793 - 1,211,793
2022/08/09 City Council Post Agenda Page 247 of 535
v . 0 03 P a g e | 1
August 9, 2022
ITEM TITLE
Proposed Charter Update: Consider Final Approval of a Comprehensive Charter Update Measure for
Placement on the November 2022 Ballot
Report Number: 22-0238
Location: No specific geographic location.
Department: City Attorney
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
Adopt a resolution amending Resolution No. 2022-150 to order submission to the qualified electors of the
City a ballot measure to comprehensively update the City’s Charter, including provisions to require City
residency and increased experience for the elected City Attorney, remove the requirement that most board
and commission members be qualified electors, and allow City Council to take action at special Council
meetings, use mail ballot elections to fill vacancies, and approve bonded debt under State general laws; to
authorize the City Council’s designee to submit ballot arguments in favor of the measure; to direct the City
Attorney, with assistance from the City Clerk, as appropriate, to prepare an impartial analysis of the measure;
and to appropriate funds for that purpose. (4/5 Vote Required)
SUMMARY
For over a year now, the Charter Review Commission and the City Attorney’s Office, in consultation with City
staff, have worked on a comprehensive review and update of the City’s charter to address legal changes, to
align with modern best practices, to incorporate amendments supported by previous Charter Review
Commissions and public surveys, and most importantly, to make the Charter easier to understand and use.
The comprehensive Charter update proposal was presented to City Council on July 12, 2022 and on July 26,
2022 for feedback and direction. The item is now returning to Council with a proposed resolution submitting
the Charter update measure to the qualified voters at the November 8, 2022 election.
2022/08/09 City Council Post Agenda Page 248 of 535
P a g e | 2
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 adopt a resolution submitting the Charter update measure to the qualified electors of the City on the
November 8, 2022 ballot.
DISCUSSION
This item is presented to Council as the culmination of an extensive effort by the Charter Review Commission
(“CRC”) and City Attorney’s Office, in consultation with City Departments most governed by Charter
provisions, to review the entire Charter and make recommendations for a proposed comprehensive Charter
update to be submitted to voters at the November 2022 election. Multiple individual Charter amendments
have been approved by voters since the Charter was originally adopted in 1940, but the Charter has not been
comprehensively updated since 1978.
On July 1, 2022, the proposed Charter amendments were first sent to Council with a cover memorandum
from CRC Chair Scofield and a description of the proposed Charter changes. The proposed amended Charter
was provided in clean and underline/strikeout formats for review. All materials were also posted in multiple
locations on the City’s website.
The materials were again provided to Council and to the public as attachments to an agenda item for the July
12, 2022 Council meeting. At the July 12, 2022 meeting, CRC Chair Scofield presented an overview of the
CRC’s work 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 Mayor and Councilmembers provided initial comments and asked questions
of staff regarding the proposed changes.
On July 26, 2022, CRC Chair Scofield and staff returned with supplemental information to provide to Council
and received additional feedback and direction from Council. At that meeting, the Mayor and
Councilmembers communicated support for all Level 1 and Level 2 changes, in addition to support for the
following Level 3 changes: eliminating the requirement for most boards and commissions that members be
qualified electors, and instead requiring City residency; requiring the elected City Attorney to be a City
resident and have at least 10 versus seven years of legal experience; and allowing all mail ballots for special
municipal elections to fill a vacancy. Council also expressed support for a provision requiring local candidates
to be a resident of the City for one year prior to filing nomination papers for an elected City office.
Since early July and continuing to the present, information about the proposed changes, including materials
presented to Council, have remained available via the following City websites: the City Council Meeting
webpage; the City’s Charter home page; the City Charter page on the Clerk’s webpage; and the Charter Review
Commission’s webpage. Members of the public have also been able to submit comments via a contact form
available on City’s website, via email to the City Clerk, and as an eComment on each agenda item that was
presented to Council.
2022/08/09 City Council Post Agenda Page 249 of 535
P a g e | 3
Staff are now returning with a comprehensive Charter update measure that incorporates Council’s direction
as to the Level 1, 2, and 3 changes. The ballot question contained in the attached resolution submitting the
measure to the voters summarizes the general nature of the updates, enumerates new City powers as
required by state law, and highlights all Level 3 changes contained in the proposed amendments.
The proposed measure does not include a one-year residency duration requirement for candidates for
elected office. At the July 26, 2022 meeting, the City Attorney’s Office indicated that such requirement would
not be lawful. However, based on Council’s continued interest in a durational residency requirement, the City
Attorney’s Office committed to re-review applicable law and report back to Council. The City Attorney’s
Office has completed such review and confirms that any city charter provision requiring residency for
candidates for local office in excess of 30 days has been found to violate the Equal Protection Clause of the
14th Amendment and would be highly vulnerable to legal challenge. (See, Johnson v. Hamilton (1975) 15
Cal.3d 451;; Thompson v. Mellon (1973) 9 Cal.3d 96; Young v. Gnoss (1972) 7 Cal.3d 18; Smith v. Evans (1974)
42 Cal.App.3d 154; 7 Witkin, Summary 11th Constitutional Law § 291 (2022); 28 Cal.Jur. 3d Elections §107
(August 2022 Update).) The City Attorney’s Office therefore advises against including a provision in the
Charter update measure that would impose a one year durational residency requirement for candidates for
local elected office.
The proposed resolution submitting the comprehensive Charter update including Level 1, Level 2, and
specified Level 3 changes to voters is attached for your review and consideration. Copies of the proposed
amended charter in both red-line strikeout and clean formats are additionally provided. If Council wishes to
move forward with the proposed Charter update at this time, staff and the CRC request that Council approve
the proposed resolution, which takes the following actions: (1) amends Resolution No. 2022-150 calling a
special municipal election to be held on November 8, 2022: (2) orders submission to the qualified electors of
the City a measure to comprehensively update the City’s charter; (3) authorizes the CRC Chair, as the City
Council’s designee, to submit a ballot argument in favor of the measure ; (4) directs the City Attorney, with
assistance from the City Clerk, as appropriate, to prepare an impartial analysis of the measure; (5) and
appropriates funds in the amount of $195,000 from the General Fund reserve to the City Clerk’s supplies and
services expenditure category to fund the costs of such measure.
In order for the ballot measure to qualify for the November 2022 ballot, all materials would need to be
finalized and transmitted to the County Registrar of Voters by no later than August 12, 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, 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
2022/08/09 City Council Post Agenda Page 250 of 535
P a g e | 4
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.
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. Resolution
2. Exhibit A to Resolution
3. Proposed Amended Charter (clean)
4. Proposed Amended Charter with Comments (redline-strikeout)
Staff Contact: Glen R. Googins, City Attorney
2022/08/09 City Council Post Agenda Page 251 of 535
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 modifications also require City residency and increased experience for the
elected City Attorney, remove the requirement that most board and commission members be
qualified electors, and allow the City Council to take action at special Council meetings, to use
mail ballot elections to fill vacancies, and to approve bonded debt under State general laws; 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
2022/08/09 City Council Post Agenda Page 252 of 535
WHEREAS, the proposed changes were presented in draft form to the City Council on July
12, 2022 and July 26, 2022; and
WHEREAS, the proposed language in final form and all required ballot measure materials
were presented to the City Council at its August 9, 2022 meeting, the City Council considered such
items, and made changes, if any, that 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 place
a measure comprehensively amending the Chula Vista City Charter, a copy of which is attached
hereto as Exhibit A, on the ballot for the special municipal election to be held on November 8,
2022, and orders submitted to the qualified electors of the City the following question:
Shall the measure modifying the City Charter to
conform with State laws, eliminate outdated provisions,
clarify ambiguous terms, reorganize and reformat to
improve usability, require residency and increased
experience for the elected City Attorney, remove the
requirement that most board and commission members
be qualified electors, and to allow City Council to take
action at special Council meetings, use mail ballot
elections to fill vacancies, and approve bonded debt
under State general laws be adopted?
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, and the 10-day public review period for the impartial analysis will be August 20, 2022 to
August 29, 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 will 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 Charter Review Commission Chair,
as 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
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Resolution No.
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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
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
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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.
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.
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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
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. [SN1]
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
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shall carry out that policy. All powers of the City, except as otherwise provided in this Charter, shall be vested
in the City Council.
ARTICLE III.
MAYOR AND CITY COUNCIL
Sec. 300.
Members, Eligibility, and Terms.
(A) Members. There shall be a City Council of five members, consisting of four Councilmembers and a
Mayor, elected at the times and in the manner provided in this Charter.
(1) (B) Mayor Eligibility. The Mayor shall be elected from the City at large. No person shall be eligible to
hold 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
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district. If two or more candidates from a district tie in the receipt of the highest number of votes in the
general municipal election, all such candidates shall appear on the run-off election ballot and no
candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If
one candidate from a district receives the highest number of votes and two or more candidates from the
same district tie in the receipt of the second-highest number of votes, all such candidates shall appear on
the run-off election ballot. In the run-off election, the voters in each district from which a Councilmember
is to be elected shall be entitled to vote for one (1) candidate from each district for which a
Councilmember is to be elected, and the candidate for Councilmember from each district receiving the
highest number of votes cast shall be elected.[MM2]
(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.[MM3]
(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
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in a special election for the balance of a regular term of Mayor and/or Councilmember or Mayor for a period of
two (2) years or less may seek nomination and election for two (2) full terms thereafter.
(D) Each Council district shall be numbered one (1) through four (4) respectively. Any person running for the
office of Councilmember shall designate, as the office for which such person seeks election, one of the
numbered Council districts as memorialized by resolution of the Chula Vista City Council on file in the office
of the City Clerk. Should a vacancy occur at any time in any Council district, if said vacancy is to be filled by a
special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate
the appropriate numbered district on their nominating papers.[MM4]
(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.[MM5]
(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.[MM6]
(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.[MM7]
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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.
(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:
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(a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review
Commission;
(b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of
California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected
City official;
(c) a person who, at any time within the four (4) years immediately preceding the date of their application for
selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official;
(d) a current employee of the City or a current employee of any organization representing any employee
bargaining unit for employees of the City;
(e) a person who, at any time within the four (4) years immediately preceding the date of their application for
selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist”
means a person who, for compensation, has direct communication with a City official, including the Mayor, a
Councilmember, or any elected City official, for purposes of influencing a municipal decision;
(f) a person who is currently an officer in any local political party organization, including, but not
limited to, officers of a political party county central committee; and
(g) a person who, at any time within the four (4) years immediately preceding the date of their
application for selection to the Commission, has served as a paid campaign worker or paid campaign
or political consultant for an elected City official.
(D) Selection of Commission Members; Filling of Vacancies.
(1) The City Charter Review Commission shall review and verify the information contained in the
applications submitted by persons interested in serving on the Commission, including applicants’
eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and
verified applications, the City Charter Review Commission shall select ten (10) persons to constitute the
pool of eligible applicants for purposes of this Subdivision.
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(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;
(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.
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(5) The Members of the first Commission provided for in this Section shall be determined no later than
May 1, 2015. Thereafter, the Members of subsequent Commissions shall be determined no later than May
1 of each year following the year in which the Federal Decennial Census is taken.
(6) Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same
process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council
consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in
Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons
described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled
within 45 days of the date upon which the vacancy existed.
(E) Commission Member Compensation; Restriction on Commission Members Seeking Election to City
Council.
(1) Commission Members shall serve without compensation for their services as such, but may receive
reimbursement for necessary traveling and other expenses incurred on official duty when such
expenditures have received authorization by the City Council.
(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.
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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 residents who share similar interests including, but not
limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-
governmental relationships, but not including relationships with political parties, incumbents, or candidates.
(5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or
challengers.
(6) District boundaries shall be drawn without regard for advantage or disadvantage to any political
party.
(G) Procedures for Creation of Draft and Recommended Districting Plans. The Commission and City shall
abide by the following procedure in any districting process:
(1) The Commission and City should actively encourage City residents to participate in the districting
process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission
meetings, provide public comments to the Commission, and facilitating the submission of districting plans for
consideration by the Commission. To the extent practicable, Commission meetings should be held in different
geographic areas of the City so as to facilitate participation by persons residing in different areas of the City.
(2) The Commission shall approve a Draft Districting Plan based on application of the districting criteria
specified in Subdivision F of this Section and consideration of all public comments submitted to it.
Approval of a Draft Districting Plan shall require the affirmative vote of at least five (5) Commission
members. The Commission shall hold at least two (2) public meetings prior to approving a Draft
Districting Plan.
(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
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Plan and approval of a Recommended Districting Plan; provided, however, that the first such public
meeting shall not be held sooner than seven (7) days following the release of a Draft Districting Plan.
(4) The Commission shall thereafter approve a Recommended Districting Plan for consideration by the
City Council. Approval of a Recommended Districting Plan shall require the affirmative vote of at least
five (5) Commission Members.
(5) For each Recommended Districting Plan prepared by the Commission and submitted to the City
Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by
the Commission to prepare the Recommended Districting Plan. Such a report shall accompany any
Recommended Districting Plan submitted by the Commission to the City Council.
(H) City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan.
(1) The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of
the Commission before the City Council takes any action to approve or disapprove the Recommended
Districting Plan.
(2) The Recommended Districting Plan shall be made publicly available for at least fourteen (14) days
before any vote by the City Council to approve or disapprove a Recommended Districting Plan.
(3) The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall
approve or disapprove the Recommended Districting Plan in its entirety.
(4) If the City Council approves a Recommended Districting Plan it shall immediately become the Final
Districting Plan which shall be implemented by the City.
(5) If the City Council disapproves a Recommended Districting Plan, the City Council shall immediately
state in writing to the Commission the reasons for such disapproval, including any deviations by the
Commission from the districting criteria specified in Subdivision F of this Section. Thereafter, the
Commission shall consider the City Council’s stated reasons for disapproval and may consider and
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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
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.[MM8]
(K) Transition from At-Large Elections.
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(1) A period of transition from at-large elections to the by-district elections described in Section 300 will
occur from the time of approval of a plan to establish Council districts to the time that the first by-district
elections are held for each Council district. For this transition period, each Councilmember who currently
holds a Council seat will be designated as the incumbent Councilmember representing the Council district
with the same numerical designation in the first districting plan approved and implemented by the City
Council, whether or not that Councilmember resides in that Council district. For example, the
Councilmember occupying the previously-designated Council seat one (1) will be designated the
incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in
Council district one (1). Each of the Councilmembers occupying office at the time of the effective date of
this Section shall be so designated.
(2) Council districts one (1) and two (2) shall transition to the by-district elections described in Section
300 of this Charter beginning with the general municipal election in 2018. Council districts three (3) and
four (4) shall transition to the by-district elections described in Section 300 beginning with the general
municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for
purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to
seek election to a newly created Council district in any by-district election unless such person is eligible
to seek election under Subdivisions A and C of Section 300 of this Charter. For purposes of the transition
period, prior service by an incumbent 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 eElected Oofficials 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
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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.[MM9]
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.
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
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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 or other state law proceeding;
(6) forfeits the office under any provisions of this Charter;
(7) no longer meets the qualifications necessary to hold the position;
(8) is judicially-determined to be an incompetent;
(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.
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
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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.
(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).
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(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.).
(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.[MM10]
Sec. 304.
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.
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(b (A) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have
all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor
shall have the power and duty:
(1) to report to the City Council annually and from time to time on the affairs of the City and to
recommend for its consideration such matters as deemed expedient, andthe Mayor deems appropriate;
(2) to be the official head of the City for all political and ceremonial purposes and to be recognized by
the courts for the purpose, in the name and on behalf of serving civil process, for the signing ofthe City, to 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.
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(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.
Sec. 305.
Prohibited Acts.
Limitations on Authority.
(A) Prohibition on Undue Influence. No member of the Council shall, directly or indirectly, by suggestion or
otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the
Council in their performance of duties.
(B) Prohibition on Certain Administrative or Executive Functions. The Mayor and the
CouncilmenCouncilmembers are hereby individually and collectively prohibited from performing any
administrative or executive functions except as same may be authorized by this Charter or by ordinance of the
City of Chula Vista.. Neither the City Council nor any of its members shall order or request of the City
Manager, or any other officer or employee, the appointment of any person to any position of employment
within the City, or the removal of any person from employment, with the City.
(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 305 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. 3065.5.
Limitations on Powers of Eminent Domain.
(A) In General. Eminent domain is not to be used to further private economic development. The City of
Chula Vista shall not initiate or participate in any proceedings, or take any action to condemn private property
for the purpose of making such property available for private development, nor shall the City participate,
directly or indirectly, in such takings. “Participation” means contributing, lending, providing, pledging, or
foregoing, any funds, property, credit, in-kind services, or incurring any debt or lease obligation, or providing
any other thing of value to any agency, organization, or project. Notwithstanding these prohibitions, the City of
Chula Vista may participate in proceedings to condemn private property for the purpose of making such
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property available for private development if such participation is approved by a majority of the voters in the
City.
Sec. 305.6.
Minimum Public Use Period.
(B) Property acquired by the City of Chula Vista through the use of eminent domain after the effective date
of this charter amendmentJune 6, 2006 must be held or used for a public use by the City for a minimum ten-
year period prior to sale, lease, transfer or other disposition by the City.
Sec. 3076.
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.
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 3076 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
suitable. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated or it is
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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. 3089.
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 308 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. 310309.
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. 3101.
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[SN11], 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. 3112.
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:”
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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 311(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 311within 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 311. 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. 3123.
Publishing ofLegal Notices.
Upon request, (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.
tThe City Clerk shall cause to bemay published, or notice or facilitate the publication of d, 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[SN12]) 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;
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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 the City Clerk , and the City Attorney)
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.
(A) 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) Attend1A) 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) Maintain2B) 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) Maintain3C) maintain a record of all written contracts and official bonds;
(d) Be4D) be the custodian of the seal of the City;
(e) Administer(5E) 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 of6F) administer all City elections; and.
(7G) oversee the management of all City records.; and
(BH) Publication and Noticing of City Council-Related Matters. Upon request, the City Clerk may publish or
notice or facilitate the publication of all City Council-related matters required to be published or noticed in
accordance with applicable laws.
(C) Assistant and Deputy City Clerks. cause to be published or noticed all 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.[MM13]
(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;
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(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
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
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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.
(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.[MM14]
(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
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for the balance of an unexpired term shall hold office until the next generalregularly scheduled election for the
Office of the City Attorney.
(g) H) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council 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 Legislative Counsel; Duties.
Notwithstanding any other provision of this Charter, the Council may establish by ordinance the office of
Legislative Counsel, as described in this sectionCharter Section 504.
(Aa) Appointment or Dismissal. Legislative Counsel may be selected by the Council and serve at the pleasure
of the Council, on terms and conditions prescribed by Council. Appointment or dismissal of the Legislative
Counsel shall be approved by a majority vote of the Council.
(Bb) Advice Regarding Legislative Duties. Legislative Counsel may advise the Council regarding its
legislative duties. Legislative Counsel shall neither oppose nor urge enactment of any legislation.
(Cc) Advice Regarding Conflicts of Interest. Legislative Counsel may also advise the Council regarding
conflicts of interest involving the City Attorney, and whether the hiring of special counsel is therefore
warranted. If the Council approves the hiring of special counsel, Legislative Counsel may assist the Council in
the selection and appointment of special counsel.
(Dd) Advice to Board of Ethics and Charter Review Commission. 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.
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(Ee) Additional Provisions By Ordinance. The Council may further provide by ordinance that the advice of the
Legislative Counsel on the matters set forth in this section Charter Section 504503.1 shall be in lieu of that of
the City Attorney. The Counsel may additionally or alternatively provide by ordinance for the prevention or
resolution of conflicts and/or disputes between the City Attorney and Legislative Counsel.
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
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of receipts and disbursements by departments and funds, including opening and closing fund balances in the
treasury, and cause said statement to be published once in the official newspapermade available for inspection
by the public;
(g) CollectG) collect all taxes, assessments, license fees and other revenues of the City, or for whose
collection the City is responsible, and receive all taxes or other money receivable by the City from the County,
State or Federalfederal government; or from any court or from any office, department or agency of the City;
(h) HaveH) have custody of all public funds belonging to or under the control of the City or any office,
department or agency of the City government and deposit all funds in such depository as may be designated by
resolution of the City Council, or if no such resolution be adopted, by the City Manager, and in compliance
with all the provisions of the State Constitution and the laws of the State governing the handling, depositing
and securing of public funds; and
(i) SuperviseI) supervise the keeping of current inventories of all personal property of the City by all City
departments, offices and agencies.
Sec. 505. 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. RedDistricting Commission members must also be registered voters
of the City, pursuant to Charter Section 300.5903. 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. [MM15]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).
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Sec. 901. [MM16]
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
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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[MM17]. 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.
RedDistricting Commission Establishment and Redistricting Process[SN18].
(A) Establishment of City RedDistricting 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 RedDistricting 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 the City’s 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
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decennial census that is 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 redistricting work shall be utilized to assist the Commission in
developing the RedDistricting Plans detailed in this Charter Section 903.
(B) Ordinances Implementing RedDistricting Commission Powers and Duties; Appropriations to Support
RedDistricting 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 Rresidents 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 Rresident 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 Oofficial, 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) RedDistricting 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 redistricting process:
(1) The Commission and City should actively encourage City rResidents to participate in the
redistricting 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
redistricting 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 redistricting
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 redistricting 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
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approval by the City Council consistent with the process described in Subdivision Charter Section 903(G) of
this Section.
(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.
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ARTICLE X.
FISCAL ADMINISTRATION
Sec. 1000.
Fiscal Year.
The fiscal year of the City government shall begin on the first day of July each year and end on the thirtieth
day of June of the following year.
Sec. 1001.
Annual Budget. Preparation by the City Manager.
The City Manager shall set a date for obtaining from each department head or other responsible City
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.
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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,
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.
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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.
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.
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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:
(aA) City Council reservation of authority to approve what it defines as “major” contracts or “special”
contracts, based on factors such as contract cost, value or other relevant factors;
(b) Competitive(B) competitive bid processes for all contracts, with formal advertisement for bids and
sealed bids required for all “major” contracts;
(c) TheC) the award of contracts to the lowest responsive and responsible bidder;
(d) TheD) the ability to reject any and all bids, to re-advertise for bids, or to waive minor defects in any bid,
where determined by the designated contract-approving authority that such action is necessary or appropriate
for the benefit of the public;
(e) Emergency(E) emergency authority to waive the applicable competitive bid process requirements if the
City Manager determines that the work required is of urgent necessity for the preservation of life, health or
property; and
(f) SuchF) such other provisions consistent with this section as may be necessary or appropriate to
implement a Public Works procurement process that is consistent with best practices.
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-
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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.
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
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)
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Sec. 1013.
Capital Outlays Fund.
A fund for capital outlays generally is hereby created to be known as the “Capital Outlays Fund”. The City
Council may create, by ordinance, a special fund or funds for a special capital outlay purpose. The City
Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such
purposes, in which event it must apportion and appropriate to any such fund or funds the monies derived from
such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless
authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at
which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus
funds remaining on hand in the City at any time.
Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays
generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the
use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors
voting on such proposition at a general or special election at which such proposition is submitted.
If the purpose for which any special capital outlay fund has been created has been accomplished, the City
Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital
outlays generally, established by this Charter.
Sec. 1014.
Departmental Trust Fund.
The City Council shall prescribe, by ordinance, for the setting up of a “Departmental Trust Fund” into which
the collections of the various departments, offices and agencies shall be deposited daily by the respective
officers handling the receipt of such collections. Withdrawals from such fund may be made by the Director of
Finance only on order signed by the proper department or division head.
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
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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.
ARTICLE XI.
BOARD OF EDUCATION
(Deleted 11/5/85)
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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.
At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and modify the
proposed terms and conditions, if desired, and its decision thereon shall be final and conclusive. Thereafter, it
may grant or deny the franchise on the terms and conditions specified in the resolution of intention to grant the
same, or as modified, subject to the right of referendum of the people.
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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
transferred or assigned by the grantee except by consent in writing of the City Council and unless the
transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms
and conditions imposed in the grant or by procedural ordinance and by this Charter.
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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.
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“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.
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.
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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.
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.
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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.
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.
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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
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
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shall carry out that policy. All powers of the City, except as otherwise provided in this Charter, shall be vested
in the City Council.
ARTICLE III.
MAYOR AND CITY COUNCIL
Sec. 300.
Members, Eligibility, and Terms.
(A) Members. There shall be a City Council of five members, consisting of four Councilmembers and a
Mayor, elected at the times and in the manner provided in this Charter.
(1) (B) Mayor Eligibility. The Mayor shall be elected from the City at large. No person shall be eligible to
hold 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
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district. If two or more candidates from a district tie in the receipt of the highest number of votes in the
general municipal election, all such candidates shall appear on the run-off election ballot and no
candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If
one candidate from a district receives the highest number of votes and two or more candidates from the
same district tie in the receipt of the second-highest number of votes, all such candidates shall appear on
the run-off election ballot. In the run-off election, the voters in each district from which a Councilmember
is to be elected shall be entitled to vote for one (1) candidate from each district for which a
Councilmember is to be elected, and the candidate for Councilmember from each district receiving the
highest number of votes cast shall be elected.
(4) Notwithstanding any other provision in this Section 300 or Section 300.5, the mandatory run-off
election requirement in subparagraph 300.A.3., above, shall take effect in 2014. Notwithstanding that the
mandatory run-off elections shall commence in 2014, the transition to by-district elections for
Councilmembers shall not commence until 2016 as provided in Section 300.5. Until the 2016 general
municipal election, Councilmembers shall continue to be elected at large.
(B) The term of each member of the City Council shall be for a 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
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in a special election for the balance of a regular term of Mayor and/or Councilmember or Mayor for a period of
two (2) years or less may seek nomination and election for two (2) full terms thereafter.
(D) Each Council district shall be numbered one (1) through four (4) respectively. Any person running for the
office of Councilmember shall designate, as the office for which such person seeks election, one of the
numbered Council districts as memorialized by resolution of the Chula Vista City Council on file in the office
of the City Clerk. Should a vacancy occur at any time in any Council district, if said vacancy is to be filled by a
special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate
the appropriate numbered district on their nominating papers.
(E) Any person to be elected at a general municipal election for the office of Mayor for which nomination
papers have been filed shall be deemed elected upon receipt of a majority of the votes cast for the office of
Mayor at the election. If no candidate at such general municipal election receives a majority of the votes cast,
there shall be a special runoff election, to be held on the same date as the statewide election date in November
immediately following the general municipal election (if no statewide election is conducted, then on the first
Tuesday after the first Monday of November of each even-numbered year), between the two candidates
receiving the highest and second highest number of votes in the general municipal election for the office of
Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two
highest number of votes at the general municipal election shall be resolved by a special run-off election.
Beginning in 2014, the elections for the office of Mayor shall be held in the same manner as provided in
Section 300.A., provided, however, that voters of the City at-large shall be entitled to vote in such elections.
(F) Vacancies and elections to fill vacancies for the office of Councilmember or the office of Mayor, shall be
determined in accordance with Section 303.C.2.
(G) If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election
required under this Section, his or her name shall not be placed on the ballot. The candidate receiving the third
highest number of votes in the general municipal election for the office of Councilmember or the office of
Mayor shall be offered by the City Clerk, the opportunity to be placed on the ballot in lieu of the deceased. The
City Clerk shall make the offer in writing immediately upon notification of the death. The candidate shall
accept or reject in writing to the Clerk within five calendar days of receipt of the City Clerk’s offer. If
accepted, the special run-off election between the remaining candidate and the candidate receiving the third
highest number shall be held. If rejected, there shall be no run-off election, and the remaining candidate shall
be deemed elected as of the date of such death.
(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.
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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.
(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:
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(a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review
Commission;
(b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of
California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected
City official;
(c) a person who, at any time within the four (4) years immediately preceding the date of their application for
selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official;
(d) a current employee of the City or a current employee of any organization representing any employee
bargaining unit for employees of the City;
(e) a person who, at any time within the four (4) years immediately preceding the date of their application for
selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist”
means a person who, for compensation, has direct communication with a City official, including the Mayor, a
Councilmember, or any elected City official, for purposes of influencing a municipal decision;
(f) a person who is currently an officer in any local political party organization, including, but not
limited to, officers of a political party county central committee; and
(g) a person who, at any time within the four (4) years immediately preceding the date of their
application for selection to the Commission, has served as a paid campaign worker or paid campaign
or political consultant for an elected City official.
(D) Selection of Commission Members; Filling of Vacancies.
(1) The City Charter Review Commission shall review and verify the information contained in the
applications submitted by persons interested in serving on the Commission, including applicants’
eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and
verified applications, the City Charter Review Commission shall select ten (10) persons to constitute the
pool of eligible applicants for purposes of this Subdivision.
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(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;
(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.
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(5) The Members of the first Commission provided for in this Section shall be determined no later than
May 1, 2015. Thereafter, the Members of subsequent Commissions shall be determined no later than May
1 of each year following the year in which the Federal Decennial Census is taken.
(6) Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same
process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council
consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in
Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons
described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled
within 45 days of the date upon which the vacancy existed.
(E) Commission Member Compensation; Restriction on Commission Members Seeking Election to City
Council.
(1) Commission Members shall serve without compensation for their services as such, but may receive
reimbursement for necessary traveling and other expenses incurred on official duty when such
expenditures have received authorization by the City Council.
(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.
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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 residents who share similar interests including, but not
limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-
governmental relationships, but not including relationships with political parties, incumbents, or candidates.
(5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or
challengers.
(6) District boundaries shall be drawn without regard for advantage or disadvantage to any political
party.
(G) Procedures for Creation of Draft and Recommended Districting Plans. The Commission and City shall
abide by the following procedure in any districting process:
(1) The Commission and City should actively encourage City residents to participate in the districting
process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission
meetings, provide public comments to the Commission, and facilitating the submission of districting plans for
consideration by the Commission. To the extent practicable, Commission meetings should be held in different
geographic areas of the City so as to facilitate participation by persons residing in different areas of the City.
(2) The Commission shall approve a Draft Districting Plan based on application of the districting criteria
specified in Subdivision F of this Section and consideration of all public comments submitted to it.
Approval of a Draft Districting Plan shall require the affirmative vote of at least five (5) Commission
members. The Commission shall hold at least two (2) public meetings prior to approving a Draft
Districting Plan.
(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
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Plan and approval of a Recommended Districting Plan; provided, however, that the first such public
meeting shall not be held sooner than seven (7) days following the release of a Draft Districting Plan.
(4) The Commission shall thereafter approve a Recommended Districting Plan for consideration by the
City Council. Approval of a Recommended Districting Plan shall require the affirmative vote of at least
five (5) Commission Members.
(5) For each Recommended Districting Plan prepared by the Commission and submitted to the City
Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by
the Commission to prepare the Recommended Districting Plan. Such a report shall accompany any
Recommended Districting Plan submitted by the Commission to the City Council.
(H) City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan.
(1) The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of
the Commission before the City Council takes any action to approve or disapprove the Recommended
Districting Plan.
(2) The Recommended Districting Plan shall be made publicly available for at least fourteen (14) days
before any vote by the City Council to approve or disapprove a Recommended Districting Plan.
(3) The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall
approve or disapprove the Recommended Districting Plan in its entirety.
(4) If the City Council approves a Recommended Districting Plan it shall immediately become the Final
Districting Plan which shall be implemented by the City.
(5) If the City Council disapproves a Recommended Districting Plan, the City Council shall immediately
state in writing to the Commission the reasons for such disapproval, including any deviations by the
Commission from the districting criteria specified in Subdivision F of this Section. Thereafter, the
Commission shall consider the City Council’s stated reasons for disapproval and may consider and
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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
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.
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(1) A period of transition from at-large elections to the by-district elections described in Section 300 will
occur from the time of approval of a plan to establish Council districts to the time that the first by-district
elections are held for each Council district. For this transition period, each Councilmember who currently
holds a Council seat will be designated as the incumbent Councilmember representing the Council district
with the same numerical designation in the first districting plan approved and implemented by the City
Council, whether or not that Councilmember resides in that Council district. For example, the
Councilmember occupying the previously-designated Council seat one (1) will be designated the
incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in
Council district one (1). Each of the Councilmembers occupying office at the time of the effective date of
this Section shall be so designated.
(2) Council districts one (1) and two (2) shall transition to the by‐district elections described in Section
300 of this Charter beginning with the general municipal election in 2018. Council districts three (3) and
four (4) shall transition to the by‐district elections described in Section 300 beginning with the general
municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for
purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to
seek election to a newly created Council district in any by‐district election unless such person is eligible
to seek election under Subdivisions A and C of Section 300 of this Charter. For purposes of the transition
period, prior service by an incumbent 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 eElected Oofficials 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
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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.
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
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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;
(8) is judicially-determined to be an incompetent;
(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.
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
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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.
(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).
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(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.).
(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.
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.
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(b (A) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have
all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor
shall have the power and duty:
(1) to report to the City Council annually and from time to time on the affairs of the City and to
recommend for its consideration such matters as deemed expedient, andthe Mayor deems appropriate;
(2) to be the official head of the City for all political and ceremonial purposes and to be recognized by
the courts for the purpose, in the name and on behalf of serving civil process, for the signing ofthe City, to 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.
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(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.
Sec. 305.
Prohibited Acts.
Limitations on Authority.
(A) Prohibition on Undue Influence. No member of the Council shall, directly or indirectly, by suggestion or
otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the
Council in their performance of duties.
(B) Prohibition on Certain Administrative or Executive Functions. The Mayor and the
CouncilmenCouncilmembers are hereby individually and collectively prohibited from performing any
administrative or executive functions except as same may be authorized by this Charter or by ordinance of the
City of Chula Vista.. Neither the City Council nor any of its members shall order or request of the City
Manager, or any other officer or employee, the appointment of any person to any position of employment
within the City, or the removal of any person from employment, with the City.
(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 305 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. 3065.5.
Limitations on Powers of Eminent Domain.
(A) In General. Eminent domain is not to be used to further private economic development. The City of
Chula Vista shall not initiate or participate in any proceedings, or take any action to condemn private property
for the purpose of making such property available for private development, nor shall the City participate,
directly or indirectly, in such takings. “Participation” means contributing, lending, providing, pledging, or
foregoing, any funds, property, credit, in-kind services, or incurring any debt or lease obligation, or providing
any other thing of value to any agency, organization, or project. Notwithstanding these prohibitions, the City of
Chula Vista may participate in proceedings to condemn private property for the purpose of making such
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property available for private development if such participation is approved by a majority of the voters in the
City.
Sec. 305.6.
Minimum Public Use Period.
(B) Property acquired by the City of Chula Vista through the use of eminent domain after the effective date
of this charter amendmentJune 6, 2006 must be held or used for a public use by the City for a minimum ten-
year period prior to sale, lease, transfer or other disposition by the City.
Sec. 3076.
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.
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 3076 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
suitable. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated or it is
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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. 3089.
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 308 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. 310309.
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. 3101.
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. 3112.
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:”
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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 311(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 311within 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 311. 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. 3123.
Publishing ofLegal Notices.
Upon request, (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.
tThe City Clerk shall cause to bemay published, or notice or facilitate the publication of d, 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;
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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 the City Clerk , and the City Attorney)
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.
(A) 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) Attend1A) 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) Maintain2B) 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) Maintain3C) maintain a record of all written contracts and official bonds;
(d) Be4D) be the custodian of the seal of the City;
(e) Administer(5E) 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 of6F) administer all City elections; and.
(7G) oversee the management of all City records.; and
(BH) Publication and Noticing of City Council-Related Matters. Upon request, the City Clerk may publish or
notice or facilitate the publication of all City Council-related matters required to be published or noticed in
accordance with applicable laws.
(C) Assistant and Deputy City Clerks. cause to be published or noticed all 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;
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(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
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
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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.
(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
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for the balance of an unexpired term shall hold office until the next generalregularly scheduled election for the
Office of the City Attorney.
(g) H) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council 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 Legislative Counsel; Duties.
Notwithstanding any other provision of this Charter, the Council may establish by ordinance the office of
Legislative Counsel, as described in this sectionCharter Section 504.
(Aa) Appointment or Dismissal. Legislative Counsel may be selected by the Council and serve at the pleasure
of the Council, on terms and conditions prescribed by Council. Appointment or dismissal of the Legislative
Counsel shall be approved by a majority vote of the Council.
(Bb) Advice Regarding Legislative Duties. Legislative Counsel may advise the Council regarding its
legislative duties. Legislative Counsel shall neither oppose nor urge enactment of any legislation.
(Cc) Advice Regarding Conflicts of Interest. Legislative Counsel may also advise the Council regarding
conflicts of interest involving the City Attorney, and whether the hiring of special counsel is therefore
warranted. If the Council approves the hiring of special counsel, Legislative Counsel may assist the Council in
the selection and appointment of special counsel.
(Dd) Advice to Board of Ethics and Charter Review Commission. 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.
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(Ee) Additional Provisions By Ordinance. The Council may further provide by ordinance that the advice of the
Legislative Counsel on the matters set forth in this section Charter Section 504503.1 shall be in lieu of that of
the City Attorney. The Counsel may additionally or alternatively provide by ordinance for the prevention or
resolution of conflicts and/or disputes between the City Attorney and Legislative Counsel.
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
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of receipts and disbursements by departments and funds, including opening and closing fund balances in the
treasury, and cause said statement to be published once in the official newspapermade available for inspection
by the public;
(g) CollectG) collect all taxes, assessments, license fees and other revenues of the City, or for whose
collection the City is responsible, and receive all taxes or other money receivable by the City from the County,
State or Federalfederal government; or from any court or from any office, department or agency of the City;
(h) HaveH) have custody of all public funds belonging to or under the control of the City or any office,
department or agency of the City government and deposit all funds in such depository as may be designated by
resolution of the City Council, or if no such resolution be adopted, by the City Manager, and in compliance
with all the provisions of the State Constitution and the laws of the State governing the handling, depositing
and securing of public funds; and
(i) SuperviseI) supervise the keeping of current inventories of all personal property of the City by all City
departments, offices and agencies.
Sec. 505. 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. RedDistricting Commission members must also be registered voters
of the City, pursuant to Charter Section 300.5903. 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).
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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
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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.
RedDistricting Commission Establishment and Redistricting Process.
(A) Establishment of City RedDistricting 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 RedDistricting 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 the City’s 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
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decennial census that is 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 redistricting work shall be utilized to assist the Commission in
developing the RedDistricting Plans detailed in this Charter Section 903.
(B) Ordinances Implementing RedDistricting Commission Powers and Duties; Appropriations to Support
RedDistricting 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 Rresidents 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 Rresident 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 Oofficial, 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) RedDistricting 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 redistricting process:
(1) The Commission and City should actively encourage City rResidents to participate in the
redistricting 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
redistricting 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 redistricting
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 redistricting 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
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approval by the City Council consistent with the process described in Subdivision Charter Section 903(G) of
this Section.
(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.
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ARTICLE X.
FISCAL ADMINISTRATION
Sec. 1000.
Fiscal Year.
The fiscal year of the City government shall begin on the first day of July each year and end on the thirtieth
day of June of the following year.
Sec. 1001.
Annual Budget. Preparation by the City Manager.
The City Manager shall set a date for obtaining from each department head or other responsible City
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.
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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,
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.
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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.
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.
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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:
(aA) City Council reservation of authority to approve what it defines as “major” contracts or “special”
contracts, based on factors such as contract cost, value or other relevant factors;
(b) Competitive(B) competitive bid processes for all contracts, with formal advertisement for bids and
sealed bids required for all “major” contracts;
(c) TheC) the award of contracts to the lowest responsive and responsible bidder;
(d) TheD) the ability to reject any and all bids, to re-advertise for bids, or to waive minor defects in any bid,
where determined by the designated contract-approving authority that such action is necessary or appropriate
for the benefit of the public;
(e) Emergency(E) emergency authority to waive the applicable competitive bid process requirements if the
City Manager determines that the work required is of urgent necessity for the preservation of life, health or
property; and
(f) SuchF) such other provisions consistent with this section as may be necessary or appropriate to
implement a Public Works procurement process that is consistent with best practices.
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-
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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.
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
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)
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Sec. 1013.
Capital Outlays Fund.
A fund for capital outlays generally is hereby created to be known as the “Capital Outlays Fund”. The City
Council may create, by ordinance, a special fund or funds for a special capital outlay purpose. The City
Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such
purposes, in which event it must apportion and appropriate to any such fund or funds the monies derived from
such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless
authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at
which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus
funds remaining on hand in the City at any time.
Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays
generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the
use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors
voting on such proposition at a general or special election at which such proposition is submitted.
If the purpose for which any special capital outlay fund has been created has been accomplished, the City
Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital
outlays generally, established by this Charter.
Sec. 1014.
Departmental Trust Fund.
The City Council shall prescribe, by ordinance, for the setting up of a “Departmental Trust Fund” into which
the collections of the various departments, offices and agencies shall be deposited daily by the respective
officers handling the receipt of such collections. Withdrawals from such fund may be made by the Director of
Finance only on order signed by the proper department or division head.
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
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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.
ARTICLE XI.
BOARD OF EDUCATION
(Deleted 11/5/85)
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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.
At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and modify the
proposed terms and conditions, if desired, and its decision thereon shall be final and conclusive. Thereafter, it
may grant or deny the franchise on the terms and conditions specified in the resolution of intention to grant the
same, or as modified, subject to the right of referendum of the people.
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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
transferred or assigned by the grantee except by consent in writing of the City Council and unless the
transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms
and conditions imposed in the grant or by procedural ordinance and by this Charter.
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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.
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“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.
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.
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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.
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.
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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.
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.
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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.
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.
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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.
(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
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.
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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.
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;
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(6) forfeits the office under any provisions of this Charter;
(7) no longer meets the qualifications necessary to hold the position;
(8) is judicially-determined to be an incompetent;
(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
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
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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
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).
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(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.
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;
(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;
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(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. 305.
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.
(D) Penalties for Violation. A violation of the provisions of this Charter Section 305 by any member of the
Council shall constitute misconduct for which the offending member may be censured or removed from office
by the Council.
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Sec. 306.
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.
Sec. 307.
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 307 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
unavailability at such place as is designated by the Mayor, or, if the Mayor should fail to act, by three members
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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. 308.
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 308 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. 309.
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. 310.
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. 311.
Ordinances.
(A) Generally. In general, except for emergency ordinances as provided in Charter Section 311(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 311.
(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 311. 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. 312.
Legal Notices.
Upon request, the City Clerk may publish or notice or facilitate the publication of 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.
(A) 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:
(1) 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;
(2) 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;
(3) maintain a record of all written contracts and official bonds;
(4) be the custodian of the seal of the City;
(5) administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business
of the City and certify copies of official records;
(6) administer all City elections; and
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(7) oversee the management of all City records.
(B) Publication and Noticing of City Council-Related Matters. Upon request, the City Clerk may publish or
notice or facilitate the publication of all City Council-related matters required to be published or noticed in
accordance with applicable laws.
(C) Assistant and Deputy City Clerks. 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.
Office of Legislative Counsel; Duties.
Notwithstanding any other provision of this Charter, the Council may establish by ordinance the office of
Legislative Counsel, as described in this Charter Section 504.
(A) Appointment or Dismissal. Legislative Counsel may be selected by the Council and serve at the pleasure
of the Council, on terms and conditions prescribed by Council. Appointment or dismissal of the Legislative
Counsel shall be approved by a majority vote of the Council.
(B) Advice Regarding Legislative Duties. Legislative Counsel may advise the Council regarding its legislative
duties. Legislative Counsel shall neither oppose nor urge enactment of any legislation.
(C) Advice Regarding Conflicts of Interest. Legislative Counsel may also advise the Council regarding
conflicts of interest involving the City Attorney, and whether the hiring of special counsel is therefore
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warranted. If the Council approves the hiring of special counsel, Legislative Counsel may assist the Council in
the selection and appointment of special counsel.
(D) Advice to Board of Ethics and Charter Review Commission. 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) Additional Provisions By Ordinance. The Council may further provide by ordinance that the advice of the
Legislative Counsel on the matters set forth in this Charter Section 504 shall be in lieu of that of the City
Attorney. The Counsel may additionally or alternatively provide by ordinance for the prevention or resolution
of conflicts and/or disputes between the City Attorney and Legislative Counsel.
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
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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
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.
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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.
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.
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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.
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. Redistricting
Commission members must also be registered voters of the City, pursuant to Charter Section 903. 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.
Redistricting Commission Establishment and Redistricting Process.
(A) Establishment of Redistricting Commission; Composition; Powers and Duties.
(1) Establishment of Commission. There shall be established a seven member Redistricting Commission,
hereinafter “Commission,” for the purpose of recommending to the City Council adjustments to the boundaries
of the City’s 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.
(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
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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 redistricting work shall be utilized to assist the Commission in developing the
Redistricting Plans detailed in this Charter Section 903.
(B) Ordinances Implementing Redistricting Commission Powers and Duties; Appropriations to Support
Redistricting 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
“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;
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(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).
(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
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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) Redistricting 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 redistricting process:
(1) The Commission and City should actively encourage City Residents to participate in the redistricting
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 redistricting
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.
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(2) The Commission shall approve a Draft Redistricting Plan based on application of the redistricting
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 redistricting 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
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.
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(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.
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.
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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.
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.
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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
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.
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(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.
(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.
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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-
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.
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(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
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.
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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
may grant or deny the franchise on the terms and conditions specified in the resolution of intention to grant the
same, or as modified, subject to the right of referendum of the people.
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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
transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms
and conditions imposed in the grant or by procedural ordinance and by this Charter.
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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.
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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.
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.
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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
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
Commented [SN1]: [Sec. 104 moved/restated in Sec. 103]
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shall carry out that policy. All powers of the City, except as otherwise provided in this Charter, shall be vested
in the City Council.
ARTICLE III.
MAYOR AND CITY COUNCIL
Sec. 300.
Members, Eligibility, and Terms.
(A) Members. There shall be a City Council of five members, consisting of four Councilmembers and a
Mayor, elected at the times and in the manner provided in this Charter.
(1) (B) Mayor Eligibility. The Mayor shall be elected from the City at large. No person shall be eligible to
hold 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
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district. If two or more candidates from a district tie in the receipt of the highest number of votes in the
general municipal election, all such candidates shall appear on the run-off election ballot and no
candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If
one candidate from a district receives the highest number of votes and two or more candidates from the
same district tie in the receipt of the second-highest number of votes, all such candidates shall appear on
the run-off election ballot. In the run-off election, the voters in each district from which a Councilmember
is to be elected shall be entitled to vote for one (1) candidate from each district for which a
Councilmember is to be elected, and the candidate for Councilmember from each district receiving the
highest number of votes cast shall be elected.
(4) Notwithstanding any other provision in this Section 300 or Section 300.5, the mandatory run-off
election requirement in subparagraph 300.A.3., above, shall take effect in 2014. Notwithstanding that the
mandatory run-off elections shall commence in 2014, the transition to by-district elections for
Councilmembers shall not commence until 2016 as provided in Section 300.5. Until the 2016 general
municipal election, Councilmembers shall continue to be elected at large.
(B) The term of each member of the City Council shall be for a 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
Commented [MM2]: This section has been moved to Section
901.
Commented [MM3]: This is a rewording of existing language
immediately above.
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in a special election for the balance of a regular term of Mayor and/or Councilmember or Mayor for a period of
two (2) years or less may seek nomination and election for two (2) full terms thereafter.
(D) Each Council district shall be numbered one (1) through four (4) respectively. Any person running for the
office of Councilmember shall designate, as the office for which such person seeks election, one of the
numbered Council districts as memorialized by resolution of the Chula Vista City Council on file in the office
of the City Clerk. Should a vacancy occur at any time in any Council district, if said vacancy is to be filled by a
special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate
the appropriate numbered district on their nominating papers.
(E) Any person to be elected at a general municipal election for the office of Mayor for which nomination
papers have been filed shall be deemed elected upon receipt of a majority of the votes cast for the office of
Mayor at the election. If no candidate at such general municipal election receives a majority of the votes cast,
there shall be a special runoff election, to be held on the same date as the statewide election date in November
immediately following the general municipal election (if no statewide election is conducted, then on the first
Tuesday after the first Monday of November of each even-numbered year), between the two candidates
receiving the highest and second highest number of votes in the general municipal election for the office of
Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two
highest number of votes at the general municipal election shall be resolved by a special run-off election.
Beginning in 2014, the elections for the office of Mayor shall be held in the same manner as provided in
Section 300.A., provided, however, that voters of the City at-large shall be entitled to vote in such elections.
(F) Vacancies and elections to fill vacancies for the office of Councilmember or the office of Mayor, shall be
determined in accordance with Section 303.C.2.
(G) If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election
required under this Section, his or her name shall not be placed on the ballot. The candidate receiving the third
highest number of votes in the general municipal election for the office of Councilmember or the office of
Mayor shall be offered by the City Clerk, the opportunity to be placed on the ballot in lieu of the deceased. The
City Clerk shall make the offer in writing immediately upon notification of the death. The candidate shall
accept or reject in writing to the Clerk within five calendar days of receipt of the City Clerk’s offer. If
accepted, the special run-off election between the remaining candidate and the candidate receiving the third
highest number shall be held. If rejected, there shall be no run-off election, and the remaining candidate shall
be deemed elected as of the date of such death.
(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.
Commented [MM4]: Moved to Section 900(D), with changes
noted or in underline strikeout.
Commented [MM5]: This section has been moved and
incorporated into Section 901.
Commented [MM6]: Moved to Section 902(B), with any
changes noted or in underline strikeout format.
Commented [MM7]: Moved to Section 901, with any changes
noted or in underline strikeout format.
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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.
(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:
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(a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review
Commission;
(b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of
California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected
City official;
(c) a person who, at any time within the four (4) years immediately preceding the date of their application for
selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official;
(d) a current employee of the City or a current employee of any organization representing any employee
bargaining unit for employees of the City;
(e) a person who, at any time within the four (4) years immediately preceding the date of their application for
selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist”
means a person who, for compensation, has direct communication with a City official, including the Mayor, a
Councilmember, or any elected City official, for purposes of influencing a municipal decision;
(f) a person who is currently an officer in any local political party organization, including, but not
limited to, officers of a political party county central committee; and
(g) a person who, at any time within the four (4) years immediately preceding the date of their
application for selection to the Commission, has served as a paid campaign worker or paid campaign
or political consultant for an elected City official.
(D) Selection of Commission Members; Filling of Vacancies.
(1) The City Charter Review Commission shall review and verify the information contained in the
applications submitted by persons interested in serving on the Commission, including applicants’
eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and
verified applications, the City Charter Review Commission shall select ten (10) persons to constitute the
pool of eligible applicants for purposes of this Subdivision.
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(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;
(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.
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(5) The Members of the first Commission provided for in this Section shall be determined no later than
May 1, 2015. Thereafter, the Members of subsequent Commissions shall be determined no later than May
1 of each year following the year in which the Federal Decennial Census is taken.
(6) Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same
process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council
consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in
Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons
described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled
within 45 days of the date upon which the vacancy existed.
(E) Commission Member Compensation; Restriction on Commission Members Seeking Election to City
Council.
(1) Commission Members shall serve without compensation for their services as such, but may receive
reimbursement for necessary traveling and other expenses incurred on official duty when such
expenditures have received authorization by the City Council.
(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.
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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 residents who share similar interests including, but not
limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-
governmental relationships, but not including relationships with political parties, incumbents, or candidates.
(5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or
challengers.
(6) District boundaries shall be drawn without regard for advantage or disadvantage to any political
party.
(G) Procedures for Creation of Draft and Recommended Districting Plans. The Commission and City shall
abide by the following procedure in any districting process:
(1) The Commission and City should actively encourage City residents to participate in the districting
process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission
meetings, provide public comments to the Commission, and facilitating the submission of districting plans for
consideration by the Commission. To the extent practicable, Commission meetings should be held in different
geographic areas of the City so as to facilitate participation by persons residing in different areas of the City.
(2) The Commission shall approve a Draft Districting Plan based on application of the districting criteria
specified in Subdivision F of this Section and consideration of all public comments submitted to it.
Approval of a Draft Districting Plan shall require the affirmative vote of at least five (5) Commission
members. The Commission shall hold at least two (2) public meetings prior to approving a Draft
Districting Plan.
(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
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Plan and approval of a Recommended Districting Plan; provided, however, that the first such public
meeting shall not be held sooner than seven (7) days following the release of a Draft Districting Plan.
(4) The Commission shall thereafter approve a Recommended Districting Plan for consideration by the
City Council. Approval of a Recommended Districting Plan shall require the affirmative vote of at least
five (5) Commission Members.
(5) For each Recommended Districting Plan prepared by the Commission and submitted to the City
Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by
the Commission to prepare the Recommended Districting Plan. Such a report shall accompany any
Recommended Districting Plan submitted by the Commission to the City Council.
(H) City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan.
(1) The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of
the Commission before the City Council takes any action to approve or disapprove the Recommended
Districting Plan.
(2) The Recommended Districting Plan shall be made publicly available for at least fourteen (14) days
before any vote by the City Council to approve or disapprove a Recommended Districting Plan.
(3) The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall
approve or disapprove the Recommended Districting Plan in its entirety.
(4) If the City Council approves a Recommended Districting Plan it shall immediately become the Final
Districting Plan which shall be implemented by the City.
(5) If the City Council disapproves a Recommended Districting Plan, the City Council shall immediately
state in writing to the Commission the reasons for such disapproval, including any deviations by the
Commission from the districting criteria specified in Subdivision F of this Section. Thereafter, the
Commission shall consider the City Council’s stated reasons for disapproval and may consider and
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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
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.
Commented [MM8]: This section has bene moved to Section
903, with any changes noted or in underline strikeout.
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(1) A period of transition from at-large elections to the by-district elections described in Section 300 will
occur from the time of approval of a plan to establish Council districts to the time that the first by-district
elections are held for each Council district. For this transition period, each Councilmember who currently
holds a Council seat will be designated as the incumbent Councilmember representing the Council district
with the same numerical designation in the first districting plan approved and implemented by the City
Council, whether or not that Councilmember resides in that Council district. For example, the
Councilmember occupying the previously-designated Council seat one (1) will be designated the
incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in
Council district one (1). Each of the Councilmembers occupying office at the time of the effective date of
this Section shall be so designated.
(2) Council districts one (1) and two (2) shall transition to the by‐district elections described in Section
300 of this Charter beginning with the general municipal election in 2018. Council districts three (3) and
four (4) shall transition to the by‐district elections described in Section 300 beginning with the general
municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for
purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to
seek election to a newly created Council district in any by‐district election unless such person is eligible
to seek election under Subdivisions A and C of Section 300 of this Charter. For purposes of the transition
period, prior service by an incumbent 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 eElected Oofficials 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
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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.
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
Commented [MM9]: This provision is already provided in the
City Clerk duties. See Section 502(A) and (B).
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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;
(8) is judicially-determined to be an incompetent;
(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.
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
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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.
(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).
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(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.).
(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.
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.
Commented [MM10]: 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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(b (A) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have
all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor
shall have the power and duty:
(1) to report to the City Council annually and from time to time on the affairs of the City and to
recommend for its consideration such matters as deemed expedient, andthe Mayor deems appropriate;
(2) to be the official head of the City for all political and ceremonial purposes and to be recognized by
the courts for the purpose, in the name and on behalf of serving civil process, for the signing ofthe City, to 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.
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(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.
Sec. 305.
Prohibited Acts.
Limitations on Authority.
(A) Prohibition on Undue Influence. No member of the Council shall, directly or indirectly, by suggestion or
otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the
Council in their performance of duties.
(B) Prohibition on Certain Administrative or Executive Functions. The Mayor and the
CouncilmenCouncilmembers are hereby individually and collectively prohibited from performing any
administrative or executive functions except as same may be authorized by this Charter or by ordinance of the
City of Chula Vista.. Neither the City Council nor any of its members shall order or request of the City
Manager, or any other officer or employee, the appointment of any person to any position of employment
within the City, or the removal of any person from employment, with the City.
(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 305 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. 3065.5.
Limitations on Powers of Eminent Domain.
(A) In General. Eminent domain is not to be used to further private economic development. The City of
Chula Vista shall not initiate or participate in any proceedings, or take any action to condemn private property
for the purpose of making such property available for private development, nor shall the City participate,
directly or indirectly, in such takings. “Participation” means contributing, lending, providing, pledging, or
foregoing, any funds, property, credit, in-kind services, or incurring any debt or lease obligation, or providing
any other thing of value to any agency, organization, or project. Notwithstanding these prohibitions, the City of
Chula Vista may participate in proceedings to condemn private property for the purpose of making such
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property available for private development if such participation is approved by a majority of the voters in the
City.
Sec. 305.6.
Minimum Public Use Period.
(B) Property acquired by the City of Chula Vista through the use of eminent domain after the effective date
of this charter amendmentJune 6, 2006 must be held or used for a public use by the City for a minimum ten-
year period prior to sale, lease, transfer or other disposition by the City.
Sec. 3076.
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.
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 3076 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
suitable. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated or it is
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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. 3089.
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 308 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. 310309.
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. 3101.
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. 3112.
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 [SN11]: Section 310(a) moved to Section 311(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 311(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 311within 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 311. 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. 3123.
Publishing ofLegal Notices.
Upon request, (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.
tThe City Clerk shall cause to bemay published, or notice or facilitate the publication of d, 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 [SN12]: 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 the City Clerk , and the City Attorney)
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.
(A) 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) Attend1A) 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) Maintain2B) 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) Maintain3C) maintain a record of all written contracts and official bonds;
(d) Be4D) be the custodian of the seal of the City;
(e) Administer(5E) 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 of6F) administer all City elections; and.
(7G) oversee the management of all City records.; and
(BH) Publication and Noticing of City Council-Related Matters. Upon request, the City Clerk may publish or
notice or facilitate the publication of all City Council-related matters required to be published or noticed in
accordance with applicable laws.
(C) Assistant and Deputy City Clerks. cause to be published or noticed all 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;
Commented [MM13]: 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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(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
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
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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.
(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
Commented [MM14]: 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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for the balance of an unexpired term shall hold office until the next generalregularly scheduled election for the
Office of the City Attorney.
(g) H) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council 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 Legislative Counsel; Duties.
Notwithstanding any other provision of this Charter, the Council may establish by ordinance the office of
Legislative Counsel, as described in this sectionCharter Section 504.
(Aa) Appointment or Dismissal. Legislative Counsel may be selected by the Council and serve at the pleasure
of the Council, on terms and conditions prescribed by Council. Appointment or dismissal of the Legislative
Counsel shall be approved by a majority vote of the Council.
(Bb) Advice Regarding Legislative Duties. Legislative Counsel may advise the Council regarding its
legislative duties. Legislative Counsel shall neither oppose nor urge enactment of any legislation.
(Cc) Advice Regarding Conflicts of Interest. Legislative Counsel may also advise the Council regarding
conflicts of interest involving the City Attorney, and whether the hiring of special counsel is therefore
warranted. If the Council approves the hiring of special counsel, Legislative Counsel may assist the Council in
the selection and appointment of special counsel.
(Dd) Advice to Board of Ethics and Charter Review Commission. 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.
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(Ee) Additional Provisions By Ordinance. The Council may further provide by ordinance that the advice of the
Legislative Counsel on the matters set forth in this section Charter Section 504503.1 shall be in lieu of that of
the City Attorney. The Counsel may additionally or alternatively provide by ordinance for the prevention or
resolution of conflicts and/or disputes between the City Attorney and Legislative Counsel.
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
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of receipts and disbursements by departments and funds, including opening and closing fund balances in the
treasury, and cause said statement to be published once in the official newspapermade available for inspection
by the public;
(g) CollectG) collect all taxes, assessments, license fees and other revenues of the City, or for whose
collection the City is responsible, and receive all taxes or other money receivable by the City from the County,
State or Federalfederal government; or from any court or from any office, department or agency of the City;
(h) HaveH) have custody of all public funds belonging to or under the control of the City or any office,
department or agency of the City government and deposit all funds in such depository as may be designated by
resolution of the City Council, or if no such resolution be adopted, by the City Manager, and in compliance
with all the provisions of the State Constitution and the laws of the State governing the handling, depositing
and securing of public funds; and
(i) SuperviseI) supervise the keeping of current inventories of all personal property of the City by all City
departments, offices and agencies.
Sec. 505. 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. RedDistricting Commission members must also be registered voters
of the City, pursuant to Charter Section 300.5903. 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 [MM15]: 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 [MM16]: 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.
RedDistricting Commission Establishment and Redistricting Process.
(A) Establishment of City RedDistricting 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 RedDistricting 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 the City’s 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
Commented [MM17]: Section 300(G) provisions were moved
here.
Commented [SN18]: Moved from Section 300.5
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decennial census that is 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 redistricting work shall be utilized to assist the Commission in
developing the RedDistricting Plans detailed in this Charter Section 903.
(B) Ordinances Implementing RedDistricting Commission Powers and Duties; Appropriations to Support
RedDistricting 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 Rresidents 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 Rresident 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 Oofficial, 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) RedDistricting 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 redistricting process:
(1) The Commission and City should actively encourage City rResidents to participate in the
redistricting 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
redistricting 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 redistricting
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 redistricting 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
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approval by the City Council consistent with the process described in Subdivision Charter Section 903(G) of
this Section.
(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.
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ARTICLE X.
FISCAL ADMINISTRATION
Sec. 1000.
Fiscal Year.
The fiscal year of the City government shall begin on the first day of July each year and end on the thirtieth
day of June of the following year.
Sec. 1001.
Annual Budget. Preparation by the City Manager.
The City Manager shall set a date for obtaining from each department head or other responsible City
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.
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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,
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.
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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.
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.
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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:
(aA) City Council reservation of authority to approve what it defines as “major” contracts or “special”
contracts, based on factors such as contract cost, value or other relevant factors;
(b) Competitive(B) competitive bid processes for all contracts, with formal advertisement for bids and
sealed bids required for all “major” contracts;
(c) TheC) the award of contracts to the lowest responsive and responsible bidder;
(d) TheD) the ability to reject any and all bids, to re-advertise for bids, or to waive minor defects in any bid,
where determined by the designated contract-approving authority that such action is necessary or appropriate
for the benefit of the public;
(e) Emergency(E) emergency authority to waive the applicable competitive bid process requirements if the
City Manager determines that the work required is of urgent necessity for the preservation of life, health or
property; and
(f) SuchF) such other provisions consistent with this section as may be necessary or appropriate to
implement a Public Works procurement process that is consistent with best practices.
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-
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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.
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
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)
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Sec. 1013.
Capital Outlays Fund.
A fund for capital outlays generally is hereby created to be known as the “Capital Outlays Fund”. The City
Council may create, by ordinance, a special fund or funds for a special capital outlay purpose. The City
Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such
purposes, in which event it must apportion and appropriate to any such fund or funds the monies derived from
such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless
authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at
which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus
funds remaining on hand in the City at any time.
Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays
generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the
use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors
voting on such proposition at a general or special election at which such proposition is submitted.
If the purpose for which any special capital outlay fund has been created has been accomplished, the City
Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital
outlays generally, established by this Charter.
Sec. 1014.
Departmental Trust Fund.
The City Council shall prescribe, by ordinance, for the setting up of a “Departmental Trust Fund” into which
the collections of the various departments, offices and agencies shall be deposited daily by the respective
officers handling the receipt of such collections. Withdrawals from such fund may be made by the Director of
Finance only on order signed by the proper department or division head.
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
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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.
ARTICLE XI.
BOARD OF EDUCATION
(Deleted 11/5/85)
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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.
At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and modify the
proposed terms and conditions, if desired, and its decision thereon shall be final and conclusive. Thereafter, it
may grant or deny the franchise on the terms and conditions specified in the resolution of intention to grant the
same, or as modified, subject to the right of referendum of the people.
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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
transferred or assigned by the grantee except by consent in writing of the City Council and unless the
transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms
and conditions imposed in the grant or by procedural ordinance and by this Charter.
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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.
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Comprehensive Charter Update Proposal
Presented for Final Council Consideration
[November 2022 Ballot]
GLEN GOOGINS
City Attorney
August 9, 2022
JAMES SCOFIELD
Charter Review Comm. Chair
MEGAN MCCLURG
Deputy City Attorney
1
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Background
Over the past year, with input from many City departments, in particular the City Clerk and the City
Attorney’s office, the CRC undertook an extensive review of the entire Charter and recommended a
comprehensive Charter update proposal 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 a draft proposal to Council for 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 Council’s initial feedback was solicited
On July 26, 2022 the proposed Charter update was again presented for Council consideration and
possible action. Council indicated support for the majority of update provisions and directed staff to
return with the documents required to place a Charter update measure on the November 8, 2022 ballot
2
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July 26, 2022 Council Direction
Councilmembers voted to support all Level 1 and Level 2 changes
Majority of Councilmembers voted to support the following Level 3 changes:
Removing the requirement that board and commission members be qualified electors
Requiring the City Attorney to be a City resident and increasing the legal experience requirement from 7 to 10 years
Allowing mail only ballots for special elections to fill a vacancy
Majority of Councilmembers voted not to proceed with Level 3 changes proposing:
Conversion of Legislative Counsel to Conflict Counsel
Suspension of elected officials with felony charges pending
Expressed an interest in a 1 year durational City residency requirement for all elected officials if legally
possible
3
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Proposed Resolution
Resolution orders ballot measure submitted to voters at the November 8, 2022 special municipal election
(consolidated with the statewide election)
Ballot measure to include all Level 1 and Level 2 changes, and the three Level 3 changes approved by
Council
Resolution does not include durational residency requirements due to legal issues
4
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Ballot Question
Resolution additionally contains the ballot question
Form of the ballot question must comply with State law requirements
Limit of 75 words
Must enumerate “new” city powers
Must be a true and impartial synopsis of the purpose of the proposed measure. Cannot be argumentative or
likely to create prejudice for or against the measure
Ballot question as proposed:
Shall the measure modifying the City Charter to conform with State laws, eliminate outdated
provisions, clarify ambiguous terms, reorganize and reformat to improve usability, require residency
and increased experience for the elected City Attorney, remove the requirement that most board and
commission members be qualified electors, and to allow City Council to take action at special Council
meetings, use mail ballot elections to fill vacancies, and approve bonded debt under State general laws
be adopted?
5
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Additional Resolution Actions
Directs the City Attorney, with assistance of the City Clerk as appropriate, to prepare an impartial analysis of the
measure by August 19, 2022
Directs the City Clerk to prepare and publish a notice of the measure to be voted on, with ballot arguments in favor of or
opposing the measure due by August 18, 2022
Authorizes the Charter Review Commission Chair, as the City Council’s designee, to submit arguments in favor of the
measure pursuant to state and local law
Appropriates $195,000 from the General Fund reserve to the City Clerk’s supplies and services expenditure category to
fund the costs of the measure
6
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Next Steps
Tonight:
If Council deems it appropriate to proceed with November 2022 ballot measure, recommend adoption of
the proposed resolution
Prior to August 12th:
CRC meets (August 10th) -could discuss and prepare ballot argument in favor of measure
City Clerk would forward all necessary documents to the County Registrar
7
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Comments by CRC Chair Scofield
Staff and the CRC Chair are available for questions.
8
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Shall the measure modifying the City Charter to allow City Council to take action at special
Council meetings, use mail ballot elections to fill vacancies, and approve bonded debt under
State general laws, require residency and increased experience for the elected City Attorney,
remove the requirement that most board and commission members be qualified electors,
eliminate outdated provisions, clarify ambiguous terms, reorganize and reformat to improve
usability, and conform with State laws be adopted?
9
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Date: July 29, 2022
To: Honorable Mayor and City Council
From: Adrianna Hernandez, Staff Liaison to Human Relations Commission
Subject: Human Relations Commission Nomination to the Columbus Task Force
At its meeting on July 28, 2022, the Human Relations Commission voted in the affirmative
(8 in favor, one abstention) to recommend Salvatore Denaro to represent the Sons and
Daughters of Italy on the Columbus Statue and Discovery Park Task Force. The Commission
respectfully requests the Council’s ratification of the appointment.
Salvatore Denaro will replace Grace Sardina who previously represented the Sons and
Daughters of Italy until July 12, 2022.
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v . 0 03 P a g e | 1
August 9, 2022
ITEM TITLE
Boards and Commissions: Consideration of Annual Reappointments
A. REAPPOINTMENTS TO FIRST TERMS (Initial term less than two years)
- Tim Aufmuth, Commission on Aging
- Kate Bishop, Cultural Arts Commission
- Daniel Zavala, Cultural Arts Commission
B. REAPPOINTMENTS TO SECOND TERMS
- David Iuli, Board of Appeals and Advisors
- Anthony Sclafani, Board of Appeals and Advisors
- Carmen Torres, Board of Ethics
- Roselle Ellison, Board of Library Trustees
- Jasmine Rubel, Board of Library Trustees
- Rachel McDonald-Hernandez, Charter Review Commission
- James Scofield, Charter Review Commission
- Sophia Gray, Cultural Arts Commission
- Lee Kohse, Cultural Arts Commission
- Taylor Ward, Cultural Arts Commission
- Petrina Branch, Human Relations Commission
- Nadia Kean-Ayub, Human Relations Commission
- Ricardo Medina, Human Relations Commission
- Curtis Moore, International Friendship Commission
- Manolo Guillen, Measure A Citizens’ Oversight Committee
- David Stucky, Measure A Citizens’ Oversight Committee
- John Volland, Measure A Citizens’ Oversight Committee
- Paula Whitsell, Mobilehome Rent Review Commission
- Nicole Enriquez, Parks and Recreation Commission
- Jon Milburn, Planning Commission
- Pedro Orso-Delgado, Safety Commission
Report Number: 22-0220
Location: No specific geographic location
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P a g e | 2
Department: City Clerk
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 make the reappointments as appropriate.
SUMMARY
The City Clerk has scheduled reappointments for members of the City Boards and Commissions for Council
consideration. Reappointments are scheduled for members who are interested and eligible to serve an
additional term, unless otherwise requested by the nominating authority for the seat, in accordance with
CVMC 2.25.055.
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.
DISCUSSION
The City Clerk has scheduled reappointments for members of the City Boards and Commissions for Council
consideration. Reappointments are scheduled for members who are interested and eligible to serve an
additional term, unless otherwise requested by the nominating authority for the seat, per CVMC 2.25.055.
The reappointments listed below are separated into the following groups:
1. Board and Commissions seats that are interviewed and selected by the full City Council; and
2. All other reappointments that are not interviewed and selected by the full City Council.
Regardless of the applicable reappointment process, each member of a Board or Commission shall be
reappointed by at least three affirmative votes of the City Council. When an incumbent is not reappointed,
the seat is filled using the applicable appointment process.
Reappointments for Seats Interviewed by the Full City Council
The following chart shows eligible reappointments for seats that are interviewed and appointed by the full
City Council. These members’ attendance and training records are included as Attachment A.
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The City Council may make the reappointments at this time, or, if a majority of the Council so desires, it may
elect to interview one or more of the eligible members before voting on reappointment.
Name Board/Commission
Reappointments to Second Term
Jon Milburn Planning Commission (Qualified Professional – Design)
All Other Reappointments
The following chart shows eligible reappointments for Board and Commission members who are appointed
by the Mayor unless otherwise noted, and ratified by the City Council. The Mayor has recommended the
reappointment of these members (Attachment C). The attendance and training records for these members
are included as Attachment B.
Name Board/Commission
Reappointments to First Term (initial term less than two years)
Tim Aufmuth Commission on Aging
Kate Bishop Cultural Arts Commission (Arts Professional)
Daniel Zavala Cultural Arts Commission
Name Board/Commission
Reappointments to Second Term
David Iuli Board of Appeals & Advisors
Anthony Sclafani Board of Appeals & Advisors
Carmen Torres Board of Ethics
Roselle Ellison Board of Library Trustees
Jasmine Rubel Board of Library Trustees
Rachel McDonald-Hernandez Charter Review Commission
James Scofield Charter Review Commission
Sophia Gray Cultural Arts Commission (Arts Professional)
Lee Kohse Cultural Arts Commission (Arts Professional)
Taylor Ward Cultural Arts Commission (Arts Professional)
Petrina Branch Human Relations Commission
Nadia Kean-Ayub Human Relations Commission
Ricardo Medina Human Relations Commission
Curtis Moore International Friendship Commission
Manolo Guillen Measure A Citizens’ Oversight Committee (Fire Chief Representative)
David Stucky Measure A Citizens’ Oversight Committee (District 1 Representative)
John Volland Measure A Citizens’ Oversight Committee (District 4 Representative)
Paula Whitsell Mobilehome Rent Review Commission
Nicole Enriquez Parks and Recreation Commission (District 2 Representative)
Pedro Orso-Delgado Safety Commission
DECISION-MAKER CONFLICT
The staff has reviewed the decision contemplated by this action and has determined that is not site -specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 19702.2(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.).
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Staff is not independently aware, and has not been informed by any Councilmember, 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 impact on the general fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. Attachment A – Training and Attendance Records – Full Council Interview Seats
2. Attachment B – Training and Attendance Records – All Other Seats
3. Attachment C – Mayoral Reappointment Memo
Staff Contact: Karina Lafarga, Deputy City Clerk and Kerry K. Bigelow, MMC, City Clerk
2022/08/09 City Council Post Agenda Page 531 of 535
Term Appt Process Name Board & Commission Appointment
Date
Ethics Training (in
compliance*)
FY
21/22
FY
20/21
FY
19/20
FY
18/19
FY
17/182BJon Milburn Planning Commission 06/28/2017 Y 1/7 0/8 0/12 2/10 0/11
Appointment Process: B - Full Council Interview, C - District Based Appointment, O - B&C Individual Municipal Code
* A member is considered compliant with the ethics training requirement when:A) He/She has completed ethics training within the past two years and provided a certificate of completion to the City Clerk's office; ORB) He/She has not yet completed ethics training and has served less than one year (all members have one year to complete the initial ethics training)** Attendance is reported in the following format:
Number of Meetings Missed (excused or unexcused absences) /
Number of Meetings Held (meetings held prior to an individual
being appointed are not included)
Commissioner Attendance & Training Records - Full Council Seats
For Terms Expiring in 2022
Attendance (Meetings Missed/Meetings Held**)
2022/08/09 City Council Post Agenda Page 532 of 535
Term Appt
Process Name Board & Commission Appointment Date Ethics Training (in
compliance*)
FY
21/22
FY
20/21
FY
19/20
FY
18/19
FY
17/181ATim Aufmuth Commission on Aging 04/12/2022 Y 0/0 ----1 O Kate Bishop Cultural Arts Commission 07/28/2020 N 0/5 0/6 ---1 O Daniel Zavala Cultural Arts Commission 04/26/2022 Y 0/0 ----2 A David Iuli Board of Appeals & Advisors 06/04/2019 Y 0/0 0/0 0/2 --2 A Anthony Sclafani Board of Appeals & Advisors 09/25/2018 Y 0/0 0/0 0/2 0/4 -2 O Carmen Torres Board of Ethics 10/01/2019 Y 1/6 0/3 1/3 --2 A Roselle Ellison Board of Library Trustees 07/24/2018 Y 0/5 1/6 0/6 2/8 -2 A Jasmine Rubel Board of Library Trustees 09/10/2019 N 1/5 1/6 0/4 --2 A Rachel McDonald-
Hd
Charter Review Commission 07/24/2018 Y 1/5 0/7 0/5 1/6 -2 A James Scofield Charter Review Commission 12/10/2019 Y 1/5 1/7 0/3 -2 O Sophia Gray Cultural Arts Commission 03/04/2017 N 2/5 2/6 3/7 3/6 2/102OLee Kohse Cultural Arts Commission 11/05/2019 Y 0/5 1/6 0/3 --2 O Taylor Ward Cultural Arts Commission 02/05/2019 N 2/5 1/6 0/7 2/4 -2 A Petrina Branch Human Relations Commission 11/07/2017 Y 0/9 0/11 1/6 1/11 1/62ANadia Kean-Ayub Human Relations Commission 01/22/2019 N 0/9 0/11 1/6 0/5 -2 A Ricardo Medina Human Relations Commission 11/07/2017 N 2/9 1/11 1/6 2/11 0/62ACurtis Moore International Friendship Commission 09/10/2019 Y 0/5 2/8 0/5 --2 D Manolo Guillen Measure A Citizens' Oversight Committee 09/20/2018 N 2/3 3/4 2/5 1/5 -2 C David Stucky Measure A Citizens' Oversight Committee 09/20/2018 Y 0/3 0/4 0/5 0/5 -2 C John Volland Measure A Citizens' Oversight Committee 09/20/2018 Y 0/3 1/4 1/5 0/5 -2 B Paula Whitsell Mobilehome Rent Review Commission 10/02/2018 Y 0/2 0/1 0/1 0/3 -2 C Nicole Enriquez Parks and Recreation Commission 09/11/2018 Y 0/4 0/6 0/4 0/6 -2 A Pedro Orso-Delgado Safety Commission 04/16/2019 Y 1/2 0/6 3/5 0/1 -
Appointment Process: A - General Appointment, D - Designated Member Appointment, O - B&C Individual Municipal Code
* A member is considered compliant with the ethics training requirement when:A) He/She has completed ethics training within the past two years and provided a certificate of completion to the City Clerk's office; ORB) He/She has not yet completed ethics training and has served less than one year (all members have one year to complete the initial ethics training)** Attendance is reported in the following format:
Number of Meetings Missed (excused or unexcused absences) /
Number of Meetings Held (meetings held prior to an individual
being appointed are not included)
Commissioner Attendance & Training Records - All Other Seats
For Terms Expiring in 2022
Attendance (Meetings Missed/Meetings Held**)
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