HomeMy WebLinkAboutReso 2022-286 DocuSign Envelope ID:030A31AO-7ACC-4993-9418-45C5D3lC3ED2
RESOLUTION NO. 2022-286
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE VACANCY OF THE CITY
ATTORNEY; CALLING A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 7, 2023, FOR THE
ELECTION OF A CITY ATTORNEY TO FILL THE VACANCY
PURSUANT TO CHULA VISTA CHARTER SECTIONS 503(G)
AND 303(C)(2); REQUESTING THE COUNTY OF SAN DIEGO
BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF
VOTERS TO CONDUCT THE ELECTION; AND
AUTHORIZING THE CITY CLERK OR HER DULY
APPOINTED AUTHORIZED AGENTS TO CARRY OUT THE
NECESSARY PROCEDURES FOR THE ELECTION
WHEREAS, a special municipal election was held and conducted in the City of Chula
Vista, California, on Tuesday, November 8, 2022, as required by law, for the purpose of electing
a City Attorney for a full term of four years, commencing in December 2022; and
WHEREAS,the Registrar of Voters canvassed the returns of said election and certified the
results on December 8, 2022; and
WHEREAS,pursuant to Resolution No. 2022-277, adopted December 13, 2022, deceased
candidate Simon Silva was declared the winner of the City Attorney seat; and
WHEREAS, pursuant to Charter Section 503(H)and 303(A)(10),an office shall be deemed
vacant if an officeholder dies and the City Council shall declare by resolution the existence of any
vacancy as soon as practicable; and
WHEREAS, the term of office in which the vacancy occurs ends December 2026; and
WHEREAS, under the provisions of Chula Vista Charter Section 303(C)(2) and 503(G),
the City Council shall cause a special election to be held to fill the vacancy; and
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego
authorizes the Registrar of Voters of the County of San Diego to render specified services relating
to the conduct of an election to any city or district that has, by resolution, requested the Board of
Supervisors to permit the Registrar to render the services, subject to requirements set forth in that
section; and
WHEREAS, it is desirable that the County of San Diego Registrar of Voters conduct the
election and canvass the returns of the special municipal election and that the City Clerk or her
duly appointed authorized agents be authorized to carry out all other necessary procedures for the
election; and
DocuSign Envelope ID:030A31AO-7ACC-4993-9418-45C5D3lC3ED2
Resolution No. 2022-286
Page No. 2
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
this activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because it will not result in a physical change to the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED, AND
ORDERED by the City Council of the City of Chula Vista, that:
SECTION 1. All of the foregoing recitals are true and correct.
SECTION 2. The City Council does hereby declare the Office of the City Attorney vacant
to be filled by the voters although, pursuant to Charter Section 503(F), the term of the incumbent
City Attorney will continue until his successor is elected and qualified.
SECTION 3. Pursuant to the requirements of the Chula Vista Charter and the laws of the
State of California, there shall be and there is hereby called and ordered held in the City of Chula
Vista, California, on Tuesday, November 7, 2023, a special municipal election of the qualified
electors of the City for the purpose of electing a City Attorney for a short term, which shall
commence upon the successful candidate taking the oath of office.
SECTION 4. Pursuant to Charter Section 303(C)(2)(b),if no candidate receives a majority
of the votes cast in the special election to fill the vacancy, a special runoff election shall be held
on the next established election date, as specified in Charter Section 901 and the Elections Code,
or within 120 days following the certification of the special election results,whichever is practical,
unless there is a federal, State, or local election scheduled to be held within 180 days following
the certification of the special election results, at which time the City Council may consolidate the
special runoff election with that election, as provided in the Elections Code.
SECTION 5. Pursuant to Elections Code section 10002, the Board of Supervisors of the
County of San Diego is hereby requested to permit the Registrar of Voters to perform and render
all services and proceedings and to procure and furnish any and all official ballots,notices,printed
matter, and all supplies and equipment and paraphernalia incidental to and connected with the
conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of
the City Clerk of Chula Vista or her duly appointed authorized agents, in order to properly and
lawfully conduct such election.
SECTION 6. The Board of Supervisors of the County of San Diego is hereby requested to
permit the Registrar of Voters of the County of San Diego to canvass the returns of the subject
election.
SECTION 7. That the vote centers for the election shall be open at 7 o'clock a.m. on the
day of the election and shall remain open continuously from that time until 8 o'clock p.m. of the
same day when the vote centers shall be closed,pursuant to Elections Code Section 10242, except
as provided in Sections 14212 and 14401 of the Elections Code of the State of California.
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Resolution No. 2022-286
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SECTION 8. Pursuant to Section 439.1 of the Administrative Code of the County of San
Diego, the City will deposit an amount equal to the Registrar of Voter's estimate of the City's
share of the election cost upon receipt of an invoice and at least 60 days in advance of the election.
The County of San Diego shall be reimbursed in full for the services performed by the Registrar
of Voters for the City of Chula Vista upon presentation of a final invoice, and this City agrees to
indemnify and save free and harmless the County, its officers, agents and employees from expense
or liability, including reasonable attorneys' fees, as a result of an election contest arising after the
conduct of this election.
SECTION 9. The City Clerk is hereby directed to forthwith file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego
and to issue instructions to the Registrar of Voters to take any and all steps necessary for the
holding of the election.
SECTION 10. The ballots to be used at said election shall be, both as to form and matter
contained therein, such as may be required by law to be used thereat.
SECTION 11. In all particulars not recited in this resolution, said election shall be held and
conducted as provided by law for holding municipal elections in this City.
SECTION 12. Notice of the time and place of holding this election is hereby given and the
City Clerk is hereby authorized, instructed, and directed to give such further or additional notice
of said election in time, form, and manner as required by law.
SECTION 13. The City Clerk is hereby authorized, instructed, and directed to enter the
appropriate resolution number and the election date, as determined by the City Council, in the
sections indicated throughout this resolution
SECTION 14. The City Clerk shall certify the passage and adoption of this resolution and
file it with the City's original resolutions.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID:030A31AO-7ACC-4993-9418-45C5D3lC3ED2
Resolution No. 2022-286
Page No. 4
Presented by Approved as to form by
DocuSigned by: DocuSigned by:
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3074D104EAF342E... CF406508504446F...
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of December 2022 by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
EDocuSigned by:
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John McCann, Mayor
ATTEST:
DocuSigned by:
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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. 2022-286 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20th day of December 2022.
Executed this 20th day of December 2022.
DocuSigned by:
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3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk