HomeMy WebLinkAboutReso 2022-190RESOLUTION NO. 2022-190
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formatting consistencies, reorganize sections, remove provisions that are no longer applicable, and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
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Resolution No. 2022-190
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WHEREAS, all proposed changes are supported by the Charter Review Commission and
City staff, and presented to the City Council for its consideration; and
WHEREAS, the proposed changes were presented in draft form to the City Council on July
12, 2022 and 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 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.
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Resolution No. 2022-190
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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
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.
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Resolution No. 2022-190
Page No. 4
Presented by Approved as to form by
Glen R. Googins Glen R. Googins
City Attorney City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of August 2022 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2022-190 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 9th day of August 2022.
Executed this 9th day of August 2022.
Kerry K. Bigelow, MMC, City Clerk
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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.
Sec. 103.
Continuance of Contracts.Original Effective Date of Charter; Subsequent Amendments.
All contracts entered into by the City, or for its benefit, prior to the
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The original effective date of this Charter, shall continue in full force and effect. was December 15, 1949. This
Charter has since been amended, with the The effective date of this Charter is December 15, 1949, and
totallyeach such amendment specified therein or occurring upon approval by the voters. This Charter was
substantially revised pursuant to direction of the voterswith voter approval on June 6, 1978; it was
substantially revised again with voter approval on November 8, 2022.Sec. 104.
Effective Date of Charter.
The effective date of this Charter is December 15, 1949, and totally revised pursuant to direction of the voters
on June 6, 1978.
ARTICLE II.
POWERS AND STRUCTURE
Sec. 200.
Powers of City.
The City shall have the full power and authority to make and enforce all laws and regulations inwith respect to
municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the
Constitution of the State of California.. It shall also have the power to exercise, or act pursuant to, any and all
rights, powers, privileges or procedures, heretofore or hereafter established, granted or prescribed by any law
of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could
exercise, or act pursuant to, under the Constitution of the State of California. or federal law. The enumeration
in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the
generality of the foregoing provisions.
Sec. 201.
Powers Vested in Council.
Structure of Government; Powers Vested in Council.
The structure of government established by this Charter shall be known as the “Council-Manager” form of
government. On the terms set forth herein, the City Council shall establish City policy, and the City Manager
shall carry out that policy. All powers of the City, except as otherwise provided in this Charter, shall be vested
in the City Council.
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ARTICLE III.
MAYOR AND CITY COUNCIL
Sec. 300.
Members, Eligibility, and Terms.
(A) Members. There shall be a City Council of five members, consisting of four Councilmembers and a
Mayor, elected at the times and in the manner provided in this Charter.
(1) (B) Mayor Eligibility. The Mayor shall be elected from the City at large. No person shall be eligible to
hold the office of Mayor, or to be elected or appointed to the office of Mayor, unless such person is a resident
and registered voter of the City or territory annexed to the City., in the same manner provided in Section 901
for Councilmembers in Charter Section 901, except without any reference to districts. To be eligible to seek
election to the office of Mayor, a person must be a residentResident and registered voter of the City or territory
annexed to the City at the time of filing the they are issued their nomination papers for such office. To be
eligible to hold the office of Mayor, a person must be a Resident and registered voter of the City and maintain
such status throughout their term.
(2) (C) Councilmember Eligibility. Each of the four Councilmembers shall be elected by district in the
manner provided in paragraph (3) below.Charter Section 901. To be eligible to seek election, or appointment,
to the office of Councilmember, a person must be a registered voter of the City or territory annexed to the City
and residentand a Resident of the Council district which that person seeks to represent at the time of filing the
they are issued their nomination papers for such office, or at the time of appointment to such office,
respectively. No person shall. To be eligible to hold the office of Councilmember unless that, a person ismust
be a registered voter of the City or territory annexed to the City and residentand a Resident of the Council
district which that Councilmember represents and maintain such status throughout their term.
(3) In the general municipal election, the voters in each district from which a Councilmember is to be
elected shall be entitled to vote for one (1) candidate from their district; and the two (2) candidates for
Councilmember in each district receiving the highest and second highest number of votes cast by the
voters of their district shall be the candidates in a run-off election to be held on the same date as the
statewide election date in November immediately following the general municipal election (if no
statewide election is conducted, then on the first Tuesday after the first Monday of November of each
even numbered year). If only two qualified candidates from a Council district file nomination papers to
participate in the general municipal election in that district, no general election shall be held and the two
candidates shall be the candidates at the run-off election for the office of City Councilmember from that
district. If two or more candidates from a district tie in the receipt of the highest number of votes in the
general municipal election, all such candidates shall appear on the run-off election ballot and no
candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If
one candidate from a district receives the highest number of votes and two or more candidates from the
same district tie in the receipt of the second-highest number of votes, all such candidates shall appear on
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
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Councilmember is to be elected, and the candidate for Councilmember from each district receiving the
highest number of votes cast shall be elected.
(4) Notwithstanding any other provision in this Section 300 or Section 300.5, the mandatory run-off
election requirement in subparagraph 300.A.3., above, shall take effect in 2014. Notwithstanding that the
mandatory run-off elections shall commence in 2014, the transition to by-district elections for
Councilmembers shall not commence until 2016 as provided in Section 300.5. Until the 2016 general
municipal election, Councilmembers shall continue to be elected at large.
(B) The term of each member of the City Council shall be for a nominal term of four years and shall
commence on the first Tuesday of December of the year of the election, and shall continue until a qualified
successor takes the oath of office. Notwithstanding the foregoing, if the official results for the election of the
office of Mayor or the office of Councilmember are not certified before the first Tuesday in December, the
term for the Mayor or Councilmember(s) elected at such election shall be deemed to commence upon taking
the oath of office, which shall be given at the first scheduled City Council meeting following certification of
the election results.
(D) Councilmember and Mayor Terms of Office. The nominal term for each Councilmember and the Mayor
shall be four years. Each such term shall commence upon taking the oath of office and shall continue until a
qualified successor takes the oath of office. The oath of office shall be administered at the first scheduled City
Council meeting following certification of the election results, or as soon thereafter as practicable.
(C) (E) Limitation on Consecutive Terms. Councilmembers and Mayors may serve up to, but no No person
shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than, two
(2) consecutive terms, and no in their respective offices. Any person who has held a Councilthe office of
Councilmember or Mayor for a period of two (2) consecutive terms or the office of Mayor for two (2)
consecutive terms, may may again seek nomination and election to said officesthe office of
CouncilCouncilmember or Mayor, respectively, by submitting nomination papers to the City Clerk for such
office, but may not do so until a period of one (1) year has elapsed from the termination of thetheir second
term foras Councilmember or Mayor has elapsed; provided, however, that any, respectively. Any person who
is appointed by the Council to fill the office of Councilmember or Mayor may not seek nomination and
election to said officesoffice of Councilmember or Mayor by submitting nomination papers to the City Clerk
for such office until a period of one year fromafter the termination of the appointed term has elapsed. Said
appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person elected
in a special election for the balance of a regular term of Mayor and/or Councilmember or Mayor for a period of
two (2) years or less may seek nomination and election for two (2) full terms thereafter.
(D) Each Council district shall be numbered one (1) through four (4) respectively. Any person running for the
office of Councilmember shall designate, as the office for which such person seeks election, one of the
numbered Council districts as memorialized by resolution of the Chula Vista City Council on file in the office
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,
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there shall be a special runoff election, to be held on the same date as the statewide election date in November
immediately following the general municipal election (if no statewide election is conducted, then on the first
Tuesday after the first Monday of November of each even-numbered year), between the two candidates
receiving the highest and second highest number of votes in the general municipal election for the office of
Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two
highest number of votes at the general municipal election shall be resolved by a special run-off election.
Beginning in 2014, the elections for the office of Mayor shall be held in the same manner as provided in
Section 300.A., provided, however, that voters of the City at-large shall be entitled to vote in such elections.
(F) Vacancies and elections to fill vacancies for the office of Councilmember or the office of Mayor, shall be
determined in accordance with Section 303.C.2.
(G) If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election
required under this Section, his or her name shall not be placed on the ballot. The candidate receiving the third
highest number of votes in the general municipal election for the office of Councilmember or the office of
Mayor shall be offered by the City Clerk, the opportunity to be placed on the ballot in lieu of the deceased. The
City Clerk shall make the offer in writing immediately upon notification of the death. The candidate shall
accept or reject in writing to the Clerk within five calendar days of receipt of the City Clerk’s offer. If
accepted, the special run-off election between the remaining candidate and the candidate receiving the third
highest number shall be held. If rejected, there shall be no run-off election, and the remaining candidate shall
be deemed elected as of the date of such death.
(H) Any person to be elected at a special run-off election required under this Section shall be deemed elected
upon receipt of the highest number of votes for the particular office of Councilmember or the office of Mayor
and shall be seated upon taking the oath of office. Ties at such special run-off election shall be resolved by lot.
Sec. 300.5.
Districting Commission.
(A) Establishment of City Districting Commission; Composition; Powers and Duties.
(1) Separate and distinct from the commissions provided for in Article VI of this Charter, there shall be
established a seven (7) member Districting Commission, hereinafter “Commission,” for the purposes of
recommending to the City Council the Council districts by which Councilmembers shall be elected, and
periodically recommending to the City Council adjustments to the boundaries of such Council districts.
(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.
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(3) One or more, as necessary, independent consultants experienced and competent in the skills necessary for
the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in
this Section.
(B) Ordinances Implementing Districting Commission Powers and Duties; Appropriations to Support
Districting Commission.
(1) The City Council shall adopt such ordinances as are necessary to provide for and support the Commission,
and to ensure timely selection of Commission members and full implementation of the Commission’s powers
and duties under this Section.
(2) The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow
the Commission to carry out its powers and duties under this Section.
(C) Eligibility to Serve on the Commission.
(1) Only persons who are both residents and registered voters of the City or territory annexed to the City are
eligible to apply for and serve on the Commission.
(2) Notwithstanding that they may be a resident and registered voter of the City or territory annexed to the
City, the following persons are ineligible to apply for and serve on the Commission:
(a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review
Commission;
(b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of
California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected
City official;
(c) a person who, at any time within the four (4) years immediately preceding the date of their application for
selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official;
(d) a current employee of the City or a current employee of any organization representing any employee
bargaining unit for employees of the City;
(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.
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(1) The City Charter Review Commission shall review and verify the information contained in the
applications submitted by persons interested in serving on the Commission, including applicants’
eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and
verified applications, the City Charter Review Commission shall select ten (10) persons to constitute the
pool of eligible applicants for purposes of this Subdivision.
(2) Four (4) Commission Members shall be randomly selected from the pool of eligible applicants;
(3) Three (3) Commission Members shall be selected by the randomly selected Commission Members
from the pool of eligible applicants, subject to approval by the City Council. The goal of such selections shall
be to ensure that, to the extent possible and as permitted by law, the Commission includes:
(a) women and men who reflect the racial, ethnic, and geographic diversity of the City;
(b) persons who have relevant knowledge and/or demonstrated analytical abilities that would allow
the Commission to carry out its responsibilities with a high degree of competence;
(c) persons who have demonstrated the ability to serve impartially in a nonpartisan role;
(d) persons who have experience in the areas of public communication and/or public outreach in the
City; and
(e) persons who have experience in civic and/or volunteer activities in the City.
The City Council shall approve nominees for selection to the Commission unless the City Council finds
by at least four (4) affirmative votes that the approval of one or more of the nominees would be inconsistent
with this goal. In such case, the City Council shall approve for selection to the Commission one or more
persons from the remaining pool of eligible applicants.
(4) In the event that not enough eligible persons apply for the Commission to allow selection in the
manner provided in Paragraphs 1, 2, or 3 of this Subdivision, the City Council shall appoint persons as
necessary to fill all seven (7) seats on the Commission. Such appointments shall be consistent with the
eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this
Subdivision.
(5) The Members of the first Commission provided for in this Section shall be determined no later than
May 1, 2015. Thereafter, the Members of subsequent Commissions shall be determined no later than May
1 of each year following the year in which the Federal Decennial Census is taken.
(6) Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same
process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council
consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in
Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons
described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled
within 45 days of the date upon which the vacancy existed.
(E) Commission Member Compensation; Restriction on Commission Members Seeking Election to City
Council.
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(1) Commission Members shall serve without compensation for their services as such, but may receive
reimbursement for necessary traveling and other expenses incurred on official duty when such
expenditures have received authorization by the City Council.
(2) A person who serves as a Commission Member is ineligible to serve on, and shall not seek election
to, the City Council in any district whose boundaries were drawn or adjusted by the Commission on
which such person served for a period of four (4) years immediately following the end of the person’s
service on the Commission.
(F) Districting Criteria. The Commission and City Council shall adhere to the following criteria in
considering and approving or disapproving any Districting Plan:
(1) District shall have reasonably equal populations as required by the Federal and State constitutions.
(2) District boundaries shall be geographically compact and contiguous.
(3) District boundaries shall follow visible natural and man-made features, street lines and/or City
boundary lines whenever possible.
(4) District boundaries shall respect communities of interest to the extent practicable. A community of
interest is defined as a geographic area comprised of residents who share similar interests including, but not
limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-
governmental relationships, but not including relationships with political parties, incumbents, or candidates.
(5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or
challengers.
(6) District boundaries shall be drawn without regard for advantage or disadvantage to any political
party.
(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
approve alterations to the Recommended Districting Plan in response to those reasons. After such
consideration, the Commission shall submit its Final Districting Plan to the City Council for immediate
implementation by the City. Approval of such Final Districting Plan shall require the affirmative vote of
five (5) Commission Members.
(I) Referendum or Legal Challenge to Final Districting Plan.
(1) Any Final Districting Plan approved under this Section shall be subject to the referendum provisions
of this Charter. If a referendum qualifies against the Final Districting Plan approved by the first
Commission established under this Section, the City shall continue to elect Councilmembers at-large until
an election on the referendum is held. If a referendum qualifies against any Final Districting Plan
approved by a subsequent Commission, the City shall continue to elect Councilmembers by district
elections as provided in Section 300 using existing Council districts until an election on the referendum is
held. In either event, if the voters approve such a Final Districting Plan, the Council districts established
in the Final Districting Plan shall become effective as soon as practicable. If the voters reject such a Final
Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended
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Districting Plan for consideration and approval by the City Council consistent with the process described
in Subdivision G of this Section.
(2) If a court of competent jurisdiction invalidates a Final Districting Plan, the Commission shall, as
soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and
approval by the City Council consistent with the process described in Subdivision G of this Section.
(J) Dissolution of Districting Commission. Each Commission established under this Section shall cease
operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a
referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate
the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting
Plan is implemented by the City. Notwithstanding the foregoing, if a lawsuit to enjoin or invalidate a Final
Districting Plan is filed later than the ninety-first day following approval of a Final Districting Plan, the
Commission shall automatically revive and continue operations during the pendency of such lawsuit and until
a Final Districting Plan is implemented by the City.
(K) Transition from At-Large Elections.
(1) A period of transition from at-large elections to the by-district elections described in Section 300 will
occur from the time of approval of a plan to establish Council districts to the time that the first by-district
elections are held for each Council district. For this transition period, each Councilmember who currently
holds a Council seat will be designated as the incumbent Councilmember representing the Council district
with the same numerical designation in the first districting plan approved and implemented by the City
Council, whether or not that Councilmember resides in that Council district. For example, the
Councilmember occupying the previously-designated Council seat one (1) will be designated the
incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in
Council district one (1). Each of the Councilmembers occupying office at the time of the effective date of
this Section shall be so designated.
(2) Council districts one (1) and two (2) shall transition to the by-district elections described in Section
300 of this Charter beginning with the general municipal election in 2018. Council districts three (3) and
four (4) shall transition to the by-district elections described in Section 300 beginning with the general
municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for purposes
of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek
election to a newly created Council district in any by-district election unless such person is eligible 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 appointed.
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Sec. 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
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;
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(2) is convicted of a felony or a crime involving moral turpitude, oreffective as of the date of such
conviction;
(3) resigns from office; submits a letter of resignation to the City Clerk, or because of the election of the
current office holdereffective as of the date of such letter or other date of resignation indicated therein; or
(4) is sworn in is elected to another seat on the City Council, or other office or position requiring the
surrender of the City office; seat, effective as of the office shall become vacant as of the date of the last
absence (in the case of four unexcused, consecutive absences from regular City Council meetings), the date of
such conviction (in the case of conviction of a felony or crime involving moral turpitude), the effective date of
resignation as set forth in such letter of resignation, or the date on which the current date such office holder is
sworn into anothersuch other office (in the case of an election to another office), as applicable. The permission
of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or
her from attendance at such meeting.
(5) is removed from office by judicial procedure 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.
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Except under the circumstances hereinabove provided in paragraph B, the City Council shall fill such vacancy
by election(1) One Year or appointment as set forth herein.
(1) Less Remaining in Term. If a vacancy is declared by the Council with respect to an elected office with
one (1) year or less remaining in the term of such office from the date of such declaration, the Council
shall within 45use their good faith, best efforts to fill that vacancy by Council appointment by no later
than forty-five days appoint a person to fill the vacant seat on the City Council.
after the date of such declaration. In the event Council shall make such an appointment, such an
appointeethe appointed office holder shall be entitled to hold such office until a qualified successor is
subsequently qualifiessworn in at the expiration of the remaining Council or Mayoral term.
If the Council is unable to make an appointment, the Council’s power to appoint within 45 days of
declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will
remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If
the Council is unable to make an appointment during the allottedprescribed forty-five day time period, the
Council’s power to appoint is terminatedto fill the vacancy shall terminate and the seat shall remain vacant for
the remainder of the term.
(2) Twenty-Five Months or More Remaining in Term. If a vacancy declared by the Council occurs with
25twenty-five months or more remaining in the term from the date of said declaration, the Council shall call a
special election to be held on the next established election date, as specified in the Elections Code of the State
of CaliforniaCharter Section 901 and the Elections Code, or within 120 days from the declaration of vacancy,
whichever is practical, unless there is a federal, stateState, or local election scheduled to be held within 180
days of the declaration of the vacancy. If there is a federal, stateState, or local election scheduled to be held
within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that
election, as provided by the Elections Code.Elections Code.
(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.
(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;
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(2) to be the official head of the City for all political and ceremonial purposes and to be recognized by
the courts for the purpose, in the name and on behalf of serving civil process, for the signing ofthe City, to sign
all legal instruments and documents, and by the Governor for emergency purposes, and to which the City is a
party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or
order of the Council;
(3) in the to take command of the police, maintain order, and enforce the law during a time of extreme
public danger or emergency, the Mayor, with the consent of the Council, and for such period as the council
may fix, to take command of the police, maintain orderwith the advice and enforcesupport of the law,City
Manager and City Attorney;
(4) to assume the primary, but not the exclusive responsibility, for interpretingdescribing to the people
the policies, programs and needs of the City government and for informing the people of any major change in
policy or program. The Mayor may represent the City in any and all matters involving other governmental
agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor
shall be binding upon the City of Chula Vista unless duly authorized or ratified by the City Council, and;
(5) to represent the City in all regional public agencies which require an elected City official, unless
otherwise determined by the City Council, and;
(6) to supervise the operation of the mayor/council office and personnel assigned thereto, and;
(7) to perform such other duties consistent with the office as may be prescribed by this Charter or
delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of
this Charter,; and
(8) to exercise the full-time function as Mayor of the City during the usual business hours that the offices
of the City are open, and such other hours and times as shall be necessary to discharge in full the duties
imposed upon the Mayor.
(cB) Compensation. The Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of
the Superior Court of the State of California.. The Mayor shall also be entitled to receive reimbursement on
order of the Council for Council-authorized and budgeted travel and other expenses when on official duty out
of the City consistent with City policies. The City Council may also provide, by resolution, for the payment to
the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and
expenses made upon and incurred by the Mayor.
(d) C) Deputy Mayor Pro Tempore. The City CouncilMayor shall designate one of its members , subject to
the approval of the City Council, a City Councilmember to serve as Deputy Mayor Pro Tempore, who shall
serve in such capacity at the pleasure of the City Council. The Deputy Mayor Pro Tempore shall perform the
duties of the Mayor during the Mayor’s absence or disability.
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Sec. 305.
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
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.
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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
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.
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(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.
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.
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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:”
(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.
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(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
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,
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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.
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.
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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.
(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;
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(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;
(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.
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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
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
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recommendations made as a result of such hearing, and cause a copy of said findings to be delivered to the
City Manager, the City Attorney or City Clerk and file the original with the City Clerk. The dismissed
appointee or employee in such cases shall have the right to file with the Council a written reply or answer to
any charges filed by the City Manager, the City Attorney or the City Clerk. All written documents, including
the City Manager’s, the City Attorney’s or the City Clerk’s written reasons for such dismissal, and the reply of
the dismissed appointee or employee, the findings and decisions of the Council, and any documentary evidence
used at the hearing shall be filed with the proper office of the City as public records, open for inspection at any
time. Nothing herein contained, however, shall be construed as in any way limiting the authority and power of
the City Manager, the City Attorney or the City Clerk to remove any appointee or employee in the
Unclassified Service of the City, so appointed or employed, and all such removals shall be final and
conclusive.
(c) No Fiscal Impacts. Except as expressly provided in Section 503, nothing in this Section 500 shall be
construed to limit the budgetary authority of the City Council as respects the officers and employees under the
supervision of the City Attorney.
(E) Removal. The City Manager and the City Clerk may be removed at any time by a majority vote of the
City Council. Other Officers and employees in the Unclassified Service may be removed at any time by their
appointing authority, and said removal shall be final and conclusive. The position of said Officers and
employees shall be forfeited and declared vacant if said Officer or employee is convicted of a felony or crime
involving moral turpitude.
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:
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(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
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
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in writing by the Mayor or a member of theCity Council or the City Manager, the City Clerk, or any other
officer, board or commission of the City with decision making authority;
(2) Represent) represent, defend, and appear for the City, and any city officerCity Officer or employee, or
former City officerOfficer or employee, as may be required by law or in accordance with City policy in any or
all legal actions and proceedings in which the City or any such officerOfficer or employee in or by reasons of
his or herthe City Attorney’s official capacity, is concerned or is a named party;
(3) Attend) attend and advise at all regular and special meetings of the City Council and give his or her
opinion in writing whenever requested to do so by the City Council or by any of;
the boards or officers of the City;(4 Approve the fo) oversee the preparation of all contracts made by and
all bonds given to the City, endorsing approval thereonand approve the form of same in writing.;
(5) Prepare) oversee the preparation of any and all proposed ordinances or resolutions for the City, and
amendments thereapprove the form of same in writing;;
((6)) Prosecute, if so directed by ordinance of prosecute, in the City CouncilAttorney’s professional
discretion, all offenses against the ordinances of the City and for such offenses against the laws of the State as
may be authorized or required by law, and; the City Attorney shall also have concurrent jurisdiction with the
District Attorney of the County of San Diego to prosecute persons charged with or guilty of the violation of the
State laws occurring within the City limits of the City of Chula Vista for offenses constituting criminal
misdemeanors or infractions;
(7) Whenever a cause of action exists in favor of the City,) exercise discretion as to when to commence
or maintain legal proceedings, subject to the approval or ratification by whenever a civil cause of action exists
in favor of the City Council,and when the basis for such action is within the knowledge of the City Attorney,
or, he or she shallsubject to the approval or ratification by the City Council;
(8) consistent with all applicable ethical rules and guidance, commence or maintain legal proceedings as
directed by the City Council; and
(8) Surrender9) surrender to his or herthe City Attorney’s successor all books, papers, files and
documents pertaining to the City’s legal affairs.
The Council may empowerIn order to assist with such responsibilities, the City Attorney, at his or her
request, to may appoint Assistant or Deputy City Attorneys, who shall be in the Unclassified Service, and
other employees, subject to City Council approval as to number of positions and funding therefor.
The City Attorney may also employ special legal counsel, and he or she shall have the power to appoint
and appraisers, engineers andor other technical and expert services necessary for the handling of any pending
or proposed litigation, proceeding or other legal matter. as the City Attorney deems necessary or appropriate,
to assist with performance of the above-described duties, subject to available funds and the City’s procurement
policies. Upon the City Attorney’s recommendation and the approval of the Council, when he or shethe City
Attorney has a conflict of interest in litigation involving another officeOfficer or employee of the City acting in
histheir official capacity, such other officerOfficer or employee may be authorized to retain special legal
counsel at City expense. Nothing in thisCharter Section 503503 shall be construed to prevent the City Attorney
from giving confidential advice to the City when otherwise allowed by law.
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(c) C) Election; Compensation of City Attorney.. The City Attorney shall be nominated and elected in the
same manner and at the same election as the Mayor, except as otherwise provided in this sectionCharter
Section 503. The annual salary of the elected City Attorney shall be equivalent to the salary of a Judge of the
Superior Court of the State of California.. The City Attorney shall also receive reimbursement on the order of
the Council for Council-authorizedfor budgeted travel and other expenses when on official duty out of the City
consistent with City policies. The City Council may also provide, by resolution, for the payment of an
allowance of a sum certain per month, as reimbursement for additional demands and expenses made upon and
incurred by the City Attorney. The City Attorney’s salary may not be reduced during the City Attorney’s term
of office, except as part of a general reduction of salaries of all City officers and employees in the same
amount or proportion. In addition, the City Attorney shall be entitled to such benefits as are granted to other
management employeesdepartment heads of the City, as established by the City Council from time to time.
The City Attorney shall be in the Unclassified Service.
(d) Qualifications D) Residency Requirements. To be eligible to seek election to the office of City Attorney.
No, a person shall be eligible must be a Resident and registered voter of the City at the time they are issued
their nomination papers for or continuesuch office. To be eligible to hold the Officeoffice of City Attorney,
either by election or appointment, unless he or she is a citizen of the United States, a qualified elector, and a
California resident, a person must be a Resident and registered voter of the City and maintain such status
throughout their term.
(E) Qualifications Requirements. The City Attorney shall be licensed to practice law in all courts of the State
of California, and be so licensed for at least seventen years preceding his or hertheir assumption of office
following election under this charterCharter.
(e) F) Term of Office of the City Attorney. The City Attorney shall be elected to a nominal term of four years
and, which term shall commence on theupon the taking of the oath of office and shall continue until a qualified
successor takes the oath of office, or until the City Attorney vacates the seat, whichever occurs first Tuesday of
December of the year. The oath of the office shall be administered at, or immediately prior to, the first City
Council meeting held following the Friday after which the official election, and shall continue until a successor
qualifies results are certified. The City Attorney shall be subject to the same limits on terms of service as are
applicable to the Mayor and the City Council under Charter Section 300(C).D).
(f) G) Vacancy, Filling of. Upon thea declaration of vacancy in the Office of the City Attorney, the Office of
the City Attorney shall be filled by appointment by the majority vote of the members of theCity Council;
provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office shall
becomebecomes vacant, or if the unexpired term of the City Attorney shall exceed 24twenty-four months at the
time of the appointment, the City Council shall cause a special election to be held to fill such vacancy, as
provided in Charter Section 303.303(C.)(2.). An appointee or the person elected to the Office of City Attorney
for the balance of an unexpired term shall hold office until the next generalregularly scheduled election for the
Office of the City Attorney.
(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
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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.
(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;
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(b) CompileB) compile the budget expense and income estimates for the City Manager;
(c) Supervise(C) supervise and be responsible for the disbursement of all monies and have control over all
expenditures to insureensure that budget appropriations are not exceeded; auditreview all purchase orders
before issuance; auditreview and approve before payment all bills, invoices, payrolls, or demands against the
City government and with the advice of the City Attorney, when necessary, determine the regularity, legality
and correctness of such claims, demands or charges;
(d) MaintainD) maintain a general accounting system for the City government and each of its offices,
departments and agencies;
(e) KeepE) keep separate accounts for the items of appropriation contained in the City budget, each of which
accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations
against it and the unencumbered balance,; require reports of the receipts and disbursements from each
receiving and expending agency of the City government to be made daily or at such intervals as deemed
expedientappropriate;
(f) SubmitF) submit to the City Council, through the City Manager, a quarterly statement of all receipts and
disbursements in sufficient detail to show the exact financial condition of the City; as of the end of each fiscal
year and within one hundred and twenty120 days thereafter, submit to the City Council a summary statement
of receipts and disbursements by departments and funds, including opening and closing fund balances in the
treasury, and cause said statement to be published once in the official newspapermade available for inspection
by the public;
(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.
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(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.
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.
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(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.
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
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.
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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.
(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
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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.
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 .
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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
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.
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Sec. 608.
Board of Library Trustees;(B) Powers and Duties.
The Board of Library Trustees shall have the power and duty to:
(a (1) Act in anyan advisory capacity to the City Council in all matters pertaining to City libraries; and
(b (2) Recommend to the City Council the adoption of such bylaws, rules and regulations as it may deem
necessary and appropriate for the administration and protection of 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:
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;
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(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
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.
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ARTICLE VII.
CIVIL SERVICE
Sec. 700.
Merit Principle.
Composition of the City Workforce.
The City workforce shall be comprised of Unclassified Service employees and Classified Service employees.
Appointments and promotions in the Classified Service of the City shall be made according to merit and
fitness and from eligible lists to be established in accordance with civil service rules and regulations adopted in
the manner provided in this Charter.
Sec. 701.
Unclassified and Classified Service Designations.
The Civil Service employees of the City shall be divided into the Unclassified Service and the Classified
Service. 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
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(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.
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.
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
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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
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.
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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).
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
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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
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
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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
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.
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(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;
(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.
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(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.
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
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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.
(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
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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.
(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
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the first Commission established under this Section, the City shall continue to elect Councilmembers at-large
until an election on the referendum is held. If a referendum qualifies against any Final RedDistricting Plan
approved by a subsequent Commissionunder this Charter Section 903, the City shall continue to elect
Councilmembers by district elections as provided in Charter Section 3900 using the existing Council districts
until an election on the referendum is held. In either event, if the voters approve such a Final RedDistricting
Plan, the Council districts established in the Final RedDistricting Plan shall become effective as soon as
practicable. If the voters reject such a Final RedDistricting Plan, the Commission shall, as soon as practicable,
prepare and submit a new Recommended RedDistricting Plan for consideration and approval by the City
Council consistent with the process described in Subdivision G of thisCharter Section 903(G).
(2) If a court of competent jurisdiction invalidates a Final RedDistricting Plan, the Commission shall, as
soon as practicable, prepare and submit a new Recommended RedDistricting Plan for consideration and
approval by the City Council consistent with the process described in Subdivision Charter Section 903(G) of
this Section.
(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.
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.
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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.
Sec. 1006.
Tax Taxes.
Limits.
(A) The tax limit for any ad valorem tax on real property shall be as prescribed by Article XIIIA of the
Constitution of the State of California.
Sec. 1007.
Tax System.
(B) Procedures. To the extent permitted by the State Constitution, tThe procedure for the assessment, levy
and collection of taxes upon property, taxable for municipal purposes may be prescribed by ordinance of the
City Council.
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Sec. 1008.
Bonded Debt Limit.Limitations.
(A) Assessed Valuation Limits. The City shall not incur an indebtedness evidenced by general obligation
bonds which shall in the aggregate exceed the sum of fifteen percent (15%)15% of the total assessed valuation,
for the purposes of City taxation, of all the real and personal property within the City.
(B) Voting Requirements. No bonded indebtedness which shall constitute a general obligation of the City
may be created unless authorized by the affirmative votes of two-thirds of the electors voting on such
proposition at any election at which the question is submitted to the electors and unless in full compliance with
the provisions of the State Constitution and of this Charter. No bonds payable out of any revenues of the City
or of any department thereof, shall be issued without assent of a majority of the voters voting upon the
proposition of issuing the same, at an election at which such propositions shall have been duly submitted to the
qualified electors of the City, except to the extent State law provides otherwise for general law cities.
(C) Special Rules for Public Utilities and Industrial or Commercial Facilities. The City may issue bonds,
notes or other obligations, any portions of the proceeds of which will be used to finance in whole or in part the
acquisition, construction, equipping or improvement of any public utility, industrial or commercial facility and
which will be payable in whole or in part out of any revenues derived from the operation of such public utility
system or payments received from such industrial or commercial facility without the assent of the voters
provided that neither the faith and credit of the City or any department thereof nor the taxing power of the City
is pledged to the payment of principal or interest of such bonds, notes or other obligations.
(D) Other Limitations. All other limitations, terms and procedures for the City’s issuance of debt shall be
governed by State law applicable to Charter cities and/or to the extent allowed by State law or City ordinance.
Sec. 1009.
Contracts on Public Works.
When the City contracts for the construction, reconstruction, improvement or repair (excluding routine
maintenance) of public buildings, streets, drains, sewers, utilities, parks, playgrounds and similar public
facilities (each a “Public Work” and collectively, “Public Works”), the furnishing of labor, supplies, materials,
equipment or other contractual services for same shall be done by written contract approved as to form and
legality by the City Attorney.
The City Council shall, by ordinance, adopt specific policies and procedures for the award of Public Works
contracts. This ordinance must contain provision for the following:
(aA) City Council reservation of authority to approve what it defines as “major” contracts or “special”
contracts, based on factors such as contract cost, value or other relevant factors;
(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;
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(d) TheD) the ability to reject any and all bids, to re-advertise for bids, or to waive minor defects in any bid,
where determined by the designated contract-approving authority that such action is necessary or appropriate
for the benefit of the public;
(e) Emergency(E) emergency authority to waive the applicable competitive bid process requirements if the
City Manager determines that the work required is of urgent necessity for the preservation of life, health or
property; and
(f) SuchF) such other provisions consistent with this section as may be necessary or appropriate to
implement a Public Works procurement process that is consistent with best practices.
The ordinance may also provide for one or more exceptions to the approval and competitive bid processes
described in (A)a. through (C)c., above, provided that any such exception is implemented as part of a City-
wide policy or program that has been approved and determined to be in the best overall interests of the City by
at leasta four affirmative votes-fifths vote of the City Council.
Notwithstanding any provisions of this Charter to the contrary, the City may employ a design-build process for
the construction, reconstruction or repair of public works. A “design-build process” shall mean a process in
which the design and construction of a project are procured from a single entity. Prior to employing the design-
build process, the City shall establish, by ordinance, specific procedures and standards to be used to solicit,
qualify, evaluate and select design-build proposals by competitive bid or negotiation process.
Sec. 1010.
Centralized Procurement System and Competitive Bidding for Non-Public Works.
The following provisions shall apply with respect to the procurement of non-public works:
(a) A centralized) A purchasing system shall be established for the purchase, lease or other acquisition of all
property, supplies, materials or equipment required by all City departments, offices and agencies.
(bB) The City Manager shall recommend and the City Council shall consider and adopt, by ordinance, rules
and regulations governing the purchase, lease or other acquisition of all such property, supplies, materials and
equipment.
(cC) The ordinance described in subsection (b), above,Charter Section 1010(B), shall include provisions for
competitive bidding. It shall also include such other provisions as may be necessary or appropriate to
implement a procurement process that is consistent with best practices. The ordinance may also provide for
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.
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Sec. 1011.
Property Storage, Distribution, Inventory and Disposition.
The City Manager shall establish a centralized system for the storage, distribution and inventory of all City
property. The City Manager shall also prepare and recommend for City Council approval policies and
procedures for the disposition of surplus City property.
Sec. 1012.
Cash Basis Fund.
(Repealed 11/5/85)
Sec. 1013.
Capital Outlays Fund.
A fund for capital outlays generally is hereby created to be known as the “Capital Outlays Fund”. The City
Council may create, by ordinance, a special fund or funds for a special capital outlay purpose. The City
Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such
purposes, in which event it must apportion and appropriate to any such fund or funds the monies derived from
such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless
authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at
which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus
funds remaining on hand in the City at any time.
Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital outlays
generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the
use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors
voting on such proposition at a general or special election at which such proposition is submitted.
If the purpose for which any special capital outlay fund has been created has been accomplished, the City
Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital
outlays generally, established by this Charter.
Sec. 1014.
Departmental Trust Fund.
The City Council shall prescribe, by ordinance, for the setting up of a “Departmental Trust Fund” into which
the collections of the various departments, offices and agencies shall be deposited daily by the respective
officers handling the receipt of such collections. Withdrawals from such fund may be made by the Director of
Finance only on order signed by the proper department or division head.
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Sec. 1015.
Presentation of Demands.
Any demand against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal
demand. Each such demand shall be presented to the Director of Finance, who shall examine the same. If the
amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation
against which the same may be charged, the Director of Finance shall approve such demand and draw a
warrant on the City treasury therefor, payable out of the proper fund. Objections of the Director of Finance
may be overruled by the City Council and the warrant ordered drawn.
Sec. 1016.
Registering Warrants.
(Repealed 11/5/85)
Sec. 1017.
Independent Audit.
The City Council shall employ, at the beginning of each fiscal year, a qualified accountant who, at such time or
times as may be specified by the City Council, shall examine the books, records, inventories and reports of all
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.
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
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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.
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:
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(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.
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.
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“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.
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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