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HomeMy WebLinkAbout2024-08-14 CRC Agenda Packet Date:Wednesday, August 14, 2024 Time:6:00 p.m. Location:City Hall, Bldg. A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista, CA Charter Review Commission Regular Meeting Public Comments: Public comments may be submitted to the Charter Review Commission in the following ways: In-person comments during the meeting. Join us for the Charter Review Commission meeting at the time and location specified on this agenda to make your comments. Each person will be allotted three (3) minutes to address the Commission. • Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and click the comment bubble icon. Click on the item you wish to comment on, then click "Leave Comment." The commenting period will close one hour before the meeting. • Mail or email comments. Submit comments via email to CRC@chulavistaca.gov or by mail to Charter Review Commission, 276 Fourth Ave, Chula Vista, CA 91910. • The commenting period will close at noon on the day of the meeting. All comments will be made available to the Commission and the public. Accessibility: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a Charter Review Commission meeting by contacting the Charter Review Commission Staff at CRC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Buddingh, Disharoon, Glanz, Hopida, Inzunza, Lopez. 3.CONSENT CALENDAR The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to comment on one of these items, you may do so at www.chulavistaca.gov/boardmeetings. 3.1 Approval of May 22, 2024 Meeting Minutes 5 Recommended Action: Review minutes and consider for approval. 3.2 Written Communications 9 Communication from Commissioner Inzunza requesting an excused absence from the February 14. 2024 Charter Review Commission meeting. Communication from Commissioner Inzunza requesting an excused absence from the February 28. 2024 Special Charter Review Commission meeting. Recommended Action: Consider request for excused absence as appropriate. 4.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, please submit comments electronically at: www.chulavistaca.gov/boardmeetings . 5.ACTION ITEMS The item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to comment on one of these items, you may do so at www.chulavistaca.gov/boardmeetings. 5.1 Selection of Chair and Vice Chair for Fiscal Year 2024 - 2025 Recommended Action: Nominate and elect Chair and Vice Chair for Fiscal Year 2024 - 2025 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Page 2 of 24 5.2 Consideration of Proposed Annual Report for Fiscal Year 2023 - 2024 on Charter Review Commission Activities 11 Presentation by Chair Buddingh regarding the proposed annual report to City Council on Charter Review Commission activity for Fiscal Year 2023 - 2024. Recommended Action: Commission hear the presentation by Chair Buddingh and authorize the Chair to work with staff to finalize and submit. 5.3 Discussion and Possible Action Regarding Communication to City Council On a Potential Amendment to Charter Section 303 (C) to Extend the Timeline to Fill a Councilmember Vacancy By Appointment 13 Recommended Action: Commission discuss the issue and take action as appropriate. 5.4 Discussion and Possible Action Regarding Communication to City Council Regarding Suspension of a City Councilmember Charged with a Felony 16 Presentation by Chair Buddingh regarding his proposed written communication to City Council related to a charter amendment allowing the suspension of a City Councilmember charged with a felony. Recommended Action: Commission hear Chair's proposal, discuss the issue and take action as appropriate. 5.5 Discussion and Possible Action Regarding Potential Amendment to Charter Section 503 (D) Remove City Attorney Residency Requirement 19 Recommended Action: Commission discuss the issue and take action as appropriate. 5.6 Discussion Regarding Rank Choice Voting Update Update by Chair Buddingh. Discussion by the Commission. Recommended Action: Commission hear the update by Chair Buddingh and discuss the issue. OTHER BUSINESS 6.STAFF COMMENTS 7.CHAIR'S COMMENTS 8.COMMISSIONERS' COMMENTS City of Chula Vista Charter Review Commission August 14, 2024 Agenda Page 3 of 24 9.ADJOURNMENT to the regular meeting on November 13, 2024 at 6:00 p.m. Materials provided to the Charter Review Commission relating to any open- session item on this agenda are available for public review by contacting the City Attorney's Office at CRC@chulavistaca.gov. City of Chula Vista Charter Review Commission August 14, 2024 Agenda Page 4 of 24 1 REGULAR MEETING OF THE CHARTER REVIEW COMMISSION Meeting Minutes May 22, 2024, 6:00 p.m. City Hall, Bldg. A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista, CA Present: Commissioner Disharoon, Commissioner Glanz, Commissioner Hopida, Commissioner Inzunza and Chair Buddingh Absent: Commissioner Lopez Also Present: Assistant City Attorney Megan McClurg and Secretary Doris Cornejo _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Charter Review Commission of the City of Chula Vista was called to order at 6:01 p.m. 2. ROLL CALL Secretary Cornejo called the roll. 3. PRESENTATIONS 3.1 Presentation by Deputy City Manager Courtney Chase: Keeping Chula Vista Safe, Clean and Well-Maintained, A Status Update on Measure P Commissioners heard presentation. Page 5 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda 2 4. CONSENT CALENDAR 4.1 Approval of February 28, 2024 Special Meeting Minutes Public Comment: Robert Jonhson provided electronic public comment. Moved by Commissioner Disharoon Seconded by Commissioner Hopida Minutes approved. Result:Carried 5. ACTION ITEMS 5.1 Report and Discussion on April 23, 2024 Presentation to City Council Regarding Potential Charter Amendment Allowing Suspension of a City Councilmember Commissioners discussed potential charter amendment. Public Comment: Cheryl provided public comment. Public Comment: Jim Scofield provided public comment. Public Comment: John Acosta provided public comment. Public Comment: Theresa Acero emailed a public comment. Chair Buddingh indicated he will draft a communication to the City Council and place an item on the Commission's next agenda to present it to the Commission for discussion and action as appropriate. 5.2 Discussion Regarding City Council's Creation of a Charter Review Subcommittee Commissioners discussed the item. Public Comment: Cheryl provided public comment. Public Comment: Jim Scofield provided public comment. Public Comment: John Acosta provided public comment. Public Comment: Robert Johnson provided public comment. No action. Page 6 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda 3 5.3 Discussion and Possible Action Regarding a Potential Amendment to Chula Vista Charter Section 503 (C) to Make the City Attorney an Appointed Position Motion to preserve the City Attorney position as an elected position as currently drafted in City of Chula Vista Charter Section 503 (C). Public Comment: Cheryl provided public comment. Public Comment: John Acosta provided public comment. Moved by Commissioner Inzunza Seconded by Commissioner Glanz There was consensus to place an item on the next meeting's agenda regarding an amendment to Charter Section 503 (D)'s City Attorney residency requirement. Yes (3): Commissioner Glanz, Commissioner Hopida, and Commissioner Inzunza No (2): Commissioner Buddingh, and Commissioner Disharoon Result:Carried (3 to 2) 5.4 Discussion and Possible Action Regarding Potential Amendment of Charter Section 303 (C) to Extend the Timeline to Fill a Councilmember Vacancy By Appointment Public Comment: Cheryl provided public comment. Public Comment: John Acosta provided public comment. Moved by Commissioner Buddingh Seconded by Commissioner Disharoon Commissioners authorized Chair to draft a letter regarding the proposed extended timeline in Charter Section 303 (C). Yes (3): Commissioner Buddingh, Commissioner Disharoon, and Commissioner Hopida No (2): Commissioner Glanz, and Commissioner Inzunza Result:Carried (3 to 2) OTHER BUSINESS Page 7 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda 4 6. STAFF COMMENTS Assistant City Attorney Megan McClurg offered to ask City staff to provide a presentation to the Commission on the City's efforts to address homelessness at a future meeting. 7. CHAIR'S COMMENTS Chair Buddingh stated that he would like to place an item on a future agenda regarding additional council districts. 8. COMMISSIONERS' COMMENTS Commissioner Disharoon expressed an interest wanting to know more about and help with homelessness. 9. ADJOURNMENT The meeting was adjourned at 8:08 p.m. Minutes prepared by: Doris Cornejo, Secretary _________________________ Doris Cornejo, Secretary Page 8 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Page 9 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Page 10 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Page 1 of 2 Highlights of Activities During Fiscal Year 2023-24 ANNUAL ACTIVITY REPORT CITY OF CHULA VISTA BOARDS & COMMISSIONS FISCAL YEAR 2023-2024 Commission: Charter Review Commission Highlights of activities during the fiscal year 2023-2024 1. The Commission considered a proposal to revise the City Charter to suspend indicted council members. The issue was discussed with the City Council in April of 2024. 2. The Commission considered a proposal to revise the City Charter to modify the process of appointing persons to open Council positions. Detailed Summary: 1. Chair Scofield resigned from the Commission. Vice-chair Buddingh was elected as Chair and Commissioner Lopez was elected as Vice- chair. 2. Commissioner Disharoon was elected to participate in the panel interviewing Board of Ethics applicants. 3. The commission voted to hold meetings on a quarterly basis and hold special meetings when necessary. 4. The Commission considered a proposal to revise the City Charter to modify the process of appointing persons to open Council positions FY 2023-24 Annual Activities Report Page 11 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Page 2 of 2 by requiring a 60 day appointment period instead of a 45 day period. A letter was drafted to send to the Council setting forth the Commission’s position with respect to this issue. 5. The Commission considered a proposal to revise the City Charter to suspend indicted council members. The issue was discussed with the City Council in April of 2024. 6. The Commission continued to review Ranked Choice Voting. Because of the cost involved, the Commission agreed that a charter amendment should not be proposed until some other city in the county funds modifications to the county registrar of voters’ ability to process and count ranked choice voting ballots. The Commission will continue to review ranked choice voting options and monitor other cities in the county adopting a ranked choice voting option. 7. The Commission discussed the issue of modifying the Charter so that the position of City Attorney returns to being an appointed position. cc: Maria V. Kachadoorian, Marco Verdugo Board/Commission Comments or Recommendations to Council Page 12 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Sec. 303. Vacancies. (A) When a Vacancy Occurs. A City Councilmember or Mayor shall be deemed to have vacated their office on the date such office holder: (1) is absent from four consecutively scheduled and held regular meetings of the City Council without permission or excuse approved by the City Council; (2) is convicted of a felony or a crime involving moral turpitude; (3) resigns from office; (4) is sworn in to another office or position requiring the surrender of the City office; (5) is removed from office by judicial procedure 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 as soon as practicable. (B) Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacer’s Term. If (1) a vacancy is expected to occur in an office of any member of the City Council or Mayor because of the election of the current office holder to another office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, State or local (non-City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, State or local election, then (a) the City Council shall declare an anticipated vacancy and call and request consolidation of such special election with such other election or elections, and (b) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. (C) Filling Vacancies: Appointments and Special Elections. Except under the circumstances provided in Charter Section 303(B), the City Council shall fill such vacancy by election or appointment as set forth herein. Art. III Mayor and City Council | Charter of the City of Chula Vista Page 1 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 13 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda (1) One Year or Less Remaining in Term. If a vacancy is declared by the Council with respect to an elected office with one year or less remaining in the term of such office from the date of such declaration, the Council shall use their good faith, best efforts to fill that vacancy by Council appointment by no later than forty-five days after the date of such declaration. In the event Council shall make such an appointment, the appointed office holder shall be entitled to hold such office until a qualified successor is subsequently sworn in at the expiration of the term. If the Council is unable to make an appointment during the prescribed forty-five day time period, the Council’s power to appoint to fill the vacancy shall terminate and the seat shall remain vacant for the remainder of the term. (2) Twenty-Five Months or More Remaining in Term. If a vacancy declared by the Council occurs with twenty- five months or more remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Charter Section 901 and the Elections Code, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. (a) Special Election. In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one candidate from the district. If a candidate receives the majority of the votes cast in that candidate’s district, that candidate shall be deemed and declared by the Council to be elected to the vacant office. Ties among candidates shall be resolved in the manner provided in Charter Section 901(B). (b) Special Run-Off Election. If no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in Charter Section 901 and the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, State, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two candidates shall be printed on the ballot for that seat. If a special run-off election is required under this Charter Section 303, a write-in candidate may participate in such election only if the candidate qualified as a write-in candidate for the election initially held pursuant to Charter Section 902(A). (c) A vacancy in the office of Mayor shall be filled in the same manner as provided in Charter Section 303(C)(2)(a), and (b) except that the voters of the City at-large shall be entitled to vote. (3) More than One Year But Less Than Twenty-Five Months Remaining in Term. If a vacancy is declared by the Council with more than one year but less than twenty-five months remaining in the term from the date of declaration, the Council may either appoint a person to fill the vacant seat on the City Council, pursuant to Art. III Mayor and City Council | Charter of the City of Chula Vista Page 2 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 14 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Latest amendments were approved by the electorate on November 8, 2022. Recommended by Charter Committee 1949. Approved by a special election, November 8, 1949, with a vote of 2068 YES to 1101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by Senator Fred H. Kraft. Ratified by the Legislature of the State of California on December 15, 1949. City Website: www.chulavistaca.gov Hosted by Code Publishing Company, A General Code Company. Charter Section 303(C)(1), or call a special election to fill the vacancy, pursuant to Charter Section 303(C)(2). The Council shall determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. If the Council determines to fill the vacancy by appointment and is unable to make an appointment within forty-five days of the Council declaring a vacancy, the Council’s power to appoint is terminated and the Council shall call a special election pursuant to Charter Section 303(C)(2). (4) Exception When Appointment Would Result in Majority of Appointed Councilmembers. Notwithstanding any other provision to the contrary in Charter Section 303(C), if an appointment would result in a majority of the members serving on the City Council being appointed, the Council shall not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than twenty-five months, the Council shall call a special election to fill the office in accordance with Charter Section 303(C)(2). (5) Future Election of Appointee to Elected Office. Any person who is appointed by the Council to fill the office of Councilmember or Mayor as provided in Charter Section 303(C), may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two full terms thereafter. (6) Mail Ballot Only Option in Case of Special Election. If a vacancy in the office of an Elected Official is to be filled utilizing a special election that is not consolidated with a scheduled federal, State or local polling place election, the City Council may authorize such election to be conducted wholly by mail ballot. Art. III Mayor and City Council | Charter of the City of Chula Vista Page 3 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 15 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Sec. 503. City Attorney: Election, Powers and Duties. (A) Designation as Officer; Election. The City Attorney shall be an Officer of the City and the department head of the City Attorney’s Office. The City Attorney shall be elected to said position by the voters of the City as set forth in Charter Section 503(C). Except as otherwise provided by this Charter, it is the intent of the voters that the City Attorney shall be sufficiently independent of the City Council and other City officials to advise the City while also acting in the best interests of the public. (B) Powers and Duties. The City Attorney shall: (1) represent and advise the City Council and all City Officers in all matters of law pertaining to their offices and advise all boards, commissions, and other agencies of the City on legal matters referred to the City Attorney, and render written legal opinions when the same are requested in writing by the City Council or the City Manager, the City Clerk, or any board or commission of the City with decision making authority; (2) represent, defend, and appear for the City, and any City Officer or employee, or former City Officer or employee as may be required by law or in accordance with City policy in any or all legal actions and proceedings in which the City or any such Officer or employee in or by reasons of the City Attorney’s official capacity, is concerned or is a named party; (3) attend and advise at all regular and special meetings of the City Council; (4) oversee the preparation of all contracts made by and all bonds given to the City, and approve the form of same in writing; (5) oversee the preparation of any and all proposed ordinances or resolutions for the City, and approve the form of same in writing; (6) prosecute, in the City Attorney’s professional discretion, all offenses against the ordinances of the City and such offenses against the laws of the State as may be authorized or required by law; the City Attorney shall also have concurrent jurisdiction with the District Attorney of the County of San Diego to prosecute persons charged with or guilty of the violation of the State laws occurring within the City limits of the City of Chula Vista for offenses constituting criminal misdemeanors or infractions; (7) exercise discretion as to when to commence or maintain legal proceedings whenever a civil cause of action exists in favor of the City, and when the basis for such action is within the knowledge of the City Attorney, subject to the approval or ratification by the City Council; (8) consistent with all applicable ethical rules and guidance, commence or maintain legal proceedings as directed by the City Council; and (9) surrender to the City Attorney’s successor all books, papers, files and documents pertaining to the City’s legal affairs. Art. V Officers and Employees | Charter of the City of Chula Vista Page 1 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 16 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda In order to assist with such responsibilities, the City Attorney may appoint Assistant or Deputy City Attorneys, who shall be in the Unclassified Service, and other employees, subject to City Council approval as to number of positions and funding therefor. The City Attorney may also employ special legal counsel and appraisers, engineers or other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter as the City Attorney deems necessary or appropriate, to assist with performance of the above-described duties, subject to available funds and the City’s procurement policies. Upon the City Attorney’s recommendation and the approval of the Council, when the City Attorney has a conflict of interest in litigation involving another Officer or employee of the City acting in their official capacity, such other Officer or employee may be authorized to retain special legal counsel at City expense. Nothing in Charter Section 503 shall be construed to prevent the City Attorney from giving confidential advice to the City when otherwise allowed by law. (C) Election; Compensation. The City Attorney shall be nominated and elected in the same manner and at the same election as the Mayor, except as otherwise provided in this Charter Section 503. The annual salary of the elected City Attorney shall be equivalent to the salary of a Judge of the Superior Court of the State. The City Attorney shall also receive reimbursement for budgeted travel and other expenses when on official duty out of the City consistent with City policies. The City Council may also provide, by resolution, for the payment of an allowance of a sum certain per month, as reimbursement for additional demands and expenses made upon and incurred by the City Attorney. In addition, the City Attorney shall be entitled to such benefits as are granted to other department heads of the City, as established by the City Council. (D) Residency Requirements. To be eligible to seek election to the office of City Attorney, a person must be a Resident and registered voter of the City at the time they are issued their nomination papers for such office. To be eligible to hold the office of City Attorney, a person must be a Resident and registered voter of the City and maintain such status throughout their term. (E) Qualifications Requirements. The City Attorney shall be licensed to practice law in all courts of the State, and be so licensed for at least ten years preceding their assumption of office following election under this Charter. (F) Term of Office. The City Attorney shall be elected to a term of four years, which term shall commence upon the taking of the oath of office and shall continue until a qualified successor takes the oath of office, or until the City Attorney vacates the seat, whichever occurs first. The oath of the office shall be administered at, or immediately prior to, the first City Council meeting held following the Friday after which the official election results are certified. The City Attorney shall be subject to the same limits on terms of service as are applicable to the Mayor and the City Council under Charter Section 300(D). (G) Vacancy, Filling of. Upon a declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the City Council; provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office becomes vacant, or if the unexpired term of the City Attorney shall exceed twenty-four months at the time of the appointment, the City Council shall cause a special election to be held to fill such vacancy, as provided in Charter Section 303(C)(2). An appointee or the person elected to the Office of City Attorney for the balance of an unexpired term shall hold office until the next regularly scheduled election for the Office of the City Attorney. Art. V Officers and Employees | Charter of the City of Chula Vista Page 2 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 17 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Latest amendments were approved by the electorate on November 8, 2022. Recommended by Charter Committee 1949. Approved by a special election, November 8, 1949, with a vote of 2068 YES to 1101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by Senator Fred H. Kraft. Ratified by the Legislature of the State of California on December 15, 1949. City Website: www.chulavistaca.gov Hosted by Code Publishing Company, A General Code Company. (H) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council under any of the circumstances described in Charter Section 303(A)(1)-(10) with respect to City Councilmembers and the Mayor. Additionally, the Office of City Attorney shall be declared vacant by the Council when the person elected or appointed thereto either (1) is absent continuously from the State for a period of more than thirty days without permission from the Council, or (2) is no longer licensed as an attorney in the State. Art. V Officers and Employees | Charter of the City of Chula Vista Page 3 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 18 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Sec. 303. Vacancies. (A) When a Vacancy Occurs. A City Councilmember or Mayor shall be deemed to have vacated their office on the date such office holder: (1) is absent from four consecutively scheduled and held regular meetings of the City Council without permission or excuse approved by the City Council; (2) is convicted of a felony or a crime involving moral turpitude; (3) resigns from office; (4) is sworn in to another office or position requiring the surrender of the City office; (5) is removed from office by judicial procedure 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 as soon as practicable. (B) Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacer’s Term. If (1) a vacancy is expected to occur in an office of any member of the City Council or Mayor because of the election of the current office holder to another office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, State or local (non-City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, State or local election, then (a) the City Council shall declare an anticipated vacancy and call and request consolidation of such special election with such other election or elections, and (b) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. (C) Filling Vacancies: Appointments and Special Elections. Except under the circumstances provided in Charter Section 303(B), the City Council shall fill such vacancy by election or appointment as set forth herein. Art. III Mayor and City Council | Charter of the City of Chula Vista Page 1 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 19 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda (1) One Year or Less Remaining in Term. If a vacancy is declared by the Council with respect to an elected office with one year or less remaining in the term of such office from the date of such declaration, the Council shall use their good faith, best efforts to fill that vacancy by Council appointment by no later than forty-five days after the date of such declaration. In the event Council shall make such an appointment, the appointed office holder shall be entitled to hold such office until a qualified successor is subsequently sworn in at the expiration of the term. If the Council is unable to make an appointment during the prescribed forty-five day time period, the Council’s power to appoint to fill the vacancy shall terminate and the seat shall remain vacant for the remainder of the term. (2) Twenty-Five Months or More Remaining in Term. If a vacancy declared by the Council occurs with twenty- five months or more remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Charter Section 901 and the Elections Code, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, State, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. (a) Special Election. In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one candidate from the district. If a candidate receives the majority of the votes cast in that candidate’s district, that candidate shall be deemed and declared by the Council to be elected to the vacant office. Ties among candidates shall be resolved in the manner provided in Charter Section 901(B). (b) Special Run-Off Election. If no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in Charter Section 901 and the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, State, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two candidates shall be printed on the ballot for that seat. If a special run-off election is required under this Charter Section 303, a write-in candidate may participate in such election only if the candidate qualified as a write-in candidate for the election initially held pursuant to Charter Section 902(A). (c) A vacancy in the office of Mayor shall be filled in the same manner as provided in Charter Section 303(C)(2)(a), and (b) except that the voters of the City at-large shall be entitled to vote. (3) More than One Year But Less Than Twenty-Five Months Remaining in Term. If a vacancy is declared by the Council with more than one year but less than twenty-five months remaining in the term from the date of declaration, the Council may either appoint a person to fill the vacant seat on the City Council, pursuant to Art. III Mayor and City Council | Charter of the City of Chula Vista Page 2 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 20 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Latest amendments were approved by the electorate on November 8, 2022. Recommended by Charter Committee 1949. Approved by a special election, November 8, 1949, with a vote of 2068 YES to 1101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by Senator Fred H. Kraft. Ratified by the Legislature of the State of California on December 15, 1949. City Website: www.chulavistaca.gov Hosted by Code Publishing Company, A General Code Company. Charter Section 303(C)(1), or call a special election to fill the vacancy, pursuant to Charter Section 303(C)(2). The Council shall determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. If the Council determines to fill the vacancy by appointment and is unable to make an appointment within forty-five days of the Council declaring a vacancy, the Council’s power to appoint is terminated and the Council shall call a special election pursuant to Charter Section 303(C)(2). (4) Exception When Appointment Would Result in Majority of Appointed Councilmembers. Notwithstanding any other provision to the contrary in Charter Section 303(C), if an appointment would result in a majority of the members serving on the City Council being appointed, the Council shall not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than twenty-five months, the Council shall call a special election to fill the office in accordance with Charter Section 303(C)(2). (5) Future Election of Appointee to Elected Office. Any person who is appointed by the Council to fill the office of Councilmember or Mayor as provided in Charter Section 303(C), may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two full terms thereafter. (6) Mail Ballot Only Option in Case of Special Election. If a vacancy in the office of an Elected Official is to be filled utilizing a special election that is not consolidated with a scheduled federal, State or local polling place election, the City Council may authorize such election to be conducted wholly by mail ballot. Art. III Mayor and City Council | Charter of the City of Chula Vista Page 3 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 21 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Sec. 503. City Attorney: Election, Powers and Duties. (A) Designation as Officer; Election. The City Attorney shall be an Officer of the City and the department head of the City Attorney’s Office. The City Attorney shall be elected to said position by the voters of the City as set forth in Charter Section 503(C). Except as otherwise provided by this Charter, it is the intent of the voters that the City Attorney shall be sufficiently independent of the City Council and other City officials to advise the City while also acting in the best interests of the public. (B) Powers and Duties. The City Attorney shall: (1) represent and advise the City Council and all City Officers in all matters of law pertaining to their offices and advise all boards, commissions, and other agencies of the City on legal matters referred to the City Attorney, and render written legal opinions when the same are requested in writing by the City Council or the City Manager, the City Clerk, or any board or commission of the City with decision making authority; (2) represent, defend, and appear for the City, and any City Officer or employee, or former City Officer or employee as may be required by law or in accordance with City policy in any or all legal actions and proceedings in which the City or any such Officer or employee in or by reasons of the City Attorney’s official capacity, is concerned or is a named party; (3) attend and advise at all regular and special meetings of the City Council; (4) oversee the preparation of all contracts made by and all bonds given to the City, and approve the form of same in writing; (5) oversee the preparation of any and all proposed ordinances or resolutions for the City, and approve the form of same in writing; (6) prosecute, in the City Attorney’s professional discretion, all offenses against the ordinances of the City and such offenses against the laws of the State as may be authorized or required by law; the City Attorney shall also have concurrent jurisdiction with the District Attorney of the County of San Diego to prosecute persons charged with or guilty of the violation of the State laws occurring within the City limits of the City of Chula Vista for offenses constituting criminal misdemeanors or infractions; (7) exercise discretion as to when to commence or maintain legal proceedings whenever a civil cause of action exists in favor of the City, and when the basis for such action is within the knowledge of the City Attorney, subject to the approval or ratification by the City Council; (8) consistent with all applicable ethical rules and guidance, commence or maintain legal proceedings as directed by the City Council; and (9) surrender to the City Attorney’s successor all books, papers, files and documents pertaining to the City’s legal affairs. Art. V Officers and Employees | Charter of the City of Chula Vista Page 1 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 22 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda In order to assist with such responsibilities, the City Attorney may appoint Assistant or Deputy City Attorneys, who shall be in the Unclassified Service, and other employees, subject to City Council approval as to number of positions and funding therefor. The City Attorney may also employ special legal counsel and appraisers, engineers or other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter as the City Attorney deems necessary or appropriate, to assist with performance of the above-described duties, subject to available funds and the City’s procurement policies. Upon the City Attorney’s recommendation and the approval of the Council, when the City Attorney has a conflict of interest in litigation involving another Officer or employee of the City acting in their official capacity, such other Officer or employee may be authorized to retain special legal counsel at City expense. Nothing in Charter Section 503 shall be construed to prevent the City Attorney from giving confidential advice to the City when otherwise allowed by law. (C) Election; Compensation. The City Attorney shall be nominated and elected in the same manner and at the same election as the Mayor, except as otherwise provided in this Charter Section 503. The annual salary of the elected City Attorney shall be equivalent to the salary of a Judge of the Superior Court of the State. The City Attorney shall also receive reimbursement for budgeted travel and other expenses when on official duty out of the City consistent with City policies. The City Council may also provide, by resolution, for the payment of an allowance of a sum certain per month, as reimbursement for additional demands and expenses made upon and incurred by the City Attorney. In addition, the City Attorney shall be entitled to such benefits as are granted to other department heads of the City, as established by the City Council. (D) Residency Requirements. To be eligible to seek election to the office of City Attorney, a person must be a Resident and registered voter of the City at the time they are issued their nomination papers for such office. To be eligible to hold the office of City Attorney, a person must be a Resident and registered voter of the City and maintain such status throughout their term. (E) Qualifications Requirements. The City Attorney shall be licensed to practice law in all courts of the State, and be so licensed for at least ten years preceding their assumption of office following election under this Charter. (F) Term of Office. The City Attorney shall be elected to a term of four years, which term shall commence upon the taking of the oath of office and shall continue until a qualified successor takes the oath of office, or until the City Attorney vacates the seat, whichever occurs first. The oath of the office shall be administered at, or immediately prior to, the first City Council meeting held following the Friday after which the official election results are certified. The City Attorney shall be subject to the same limits on terms of service as are applicable to the Mayor and the City Council under Charter Section 300(D). (G) Vacancy, Filling of. Upon a declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the City Council; provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office becomes vacant, or if the unexpired term of the City Attorney shall exceed twenty-four months at the time of the appointment, the City Council shall cause a special election to be held to fill such vacancy, as provided in Charter Section 303(C)(2). An appointee or the person elected to the Office of City Attorney for the balance of an unexpired term shall hold office until the next regularly scheduled election for the Office of the City Attorney. Art. V Officers and Employees | Charter of the City of Chula Vista Page 2 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 23 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda Latest amendments were approved by the electorate on November 8, 2022. Recommended by Charter Committee 1949. Approved by a special election, November 8, 1949, with a vote of 2068 YES to 1101 NO, presented to the House by Assemblyman Ralph R. Cloyed and to the Senate by Senator Fred H. Kraft. Ratified by the Legislature of the State of California on December 15, 1949. City Website: www.chulavistaca.gov Hosted by Code Publishing Company, A General Code Company. (H) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council under any of the circumstances described in Charter Section 303(A)(1)-(10) with respect to City Councilmembers and the Mayor. Additionally, the Office of City Attorney shall be declared vacant by the Council when the person elected or appointed thereto either (1) is absent continuously from the State for a period of more than thirty days without permission from the Council, or (2) is no longer licensed as an attorney in the State. Art. V Officers and Employees | Charter of the City of Chula Vista Page 3 of 3 Latest amendments were approved by the electorate on November 8, 2022. Page 24 of 24 City of Chula Vista Charter Review Commission August 14, 2024 Agenda