HomeMy WebLinkAbout2008/01/15 Item 8
ITEM TITLE:
CITY COUNCIL
AGENDA STATEMENT
~\'f::. CITY OF
'~CHULA VISTA
January 15, 2008, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 3, 2008, FOR THE PURPOSE OF
ELECTING TWO MEMBERS OF THE CITY COUNCIL;
PLACING A CITIZEN-INITIATED CHARTER
AMENDMENT ON THE BALLOT TO BE CONSIDERED
BY THE ELECTORATE AT THAT ELECTION;
CONSOLIDATING SUCH ELECTION WITH THE
STATEWIDE ELECTION; REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
PERMIT THE REGISTRAR OF VOTERS TO CONDUCT
SUCH ELECTION; AND AUTHORIZING THE CITY
CLERK OR HER DULY AUTHORIZED AGENTS TO
CARRY OUT THE NECESSARY PROCEDURES FOR
SUCH ELECTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR THE
VERIFICATION OF SIGNATURES FOR CERTIFICATION
OF A PETITION FOR A CHARTER AMENDMENT AND
FOR ITS PLACEMENT ON THE BALLOT FOR THE
CONSOLIDATED GENERAL MUNICIPAL ELECTION ON
TUESDAY, JUNE 3, 2008 (4/5THS VOTE REQUIRED)
SUBMITTED BY: Donna Norris, Interim City Clerk U
SUMMARY
This item orders and gives notice of a General Municipal Election to be held on June 3,
2008, for the election of two members of the City Council to fill Seats 3 and 4 for the full
term of four years, commencing December 2008, and places a citizen-initiated Charter
amendment on the ballot. This item also consolidates the election with the Statewide
Direct Primary Election to be held on the same date and authorizes the City Clerk and the
Registrar of Voters to take all necessary actions to conduct the election.
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JANUARY IS, 2008, ItemL
Page 2 of3
This item also appropriates funds for the verification of signatures for certification of the
petition for a Charter amendment for the ballot, and for the placement of the Charter
amendment measure on the ballot for the consolidated General Municipal Election.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity of calling and giving notice of a general municipal election for electing
two members of the city council is not a "Project" as defmed under Section IS378 of the
State CEQA Guidelines because it will not result in a physical change to the
environment; further that the activity of placing a petition for a charter amendment on the
ballot to be considered by the electorate at that election is not a "Project" as defined
under Section IS378(b)(3) of the State CEQA Guidelines because it is the submittal of a
proposal to a vote of the people that is not City sponsored; therefore, pursuant to Section
IS060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Pursuant to Section 900 of the Chula Vista Charter, "General municipal elections for the
election of Mayor and Councilmembers 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," a General Municipal Election will be held on
June 3, 2008 for the purpose of electing two Council Members to fill Seats 3 and 4 for the
full term of four years, commencing December 2008. In accordance with Elections Code
Section 10220, the nomination period for candidates will commence at 8:00 a.m. on
February 11,2008 and terminate at S:OO p.m. on March 7, 2008. Pursuant to California
Elections Code section 10418, an election held on the same date as a statewide election
may be consolidated with such statewide election. This item also authorizes the Registrar
of Voters to canvass the votes for such election and authorizes the City Clerk and the
Registrar of Voters to take all necessary action to conduct the election.
This item also places on the ballot for the General Municipal Election a Charter amendment
petition entitled, "A Petition to Amend the Chula Vista City Charter to Make the City
Attorney an Elected City Officer," which was filed with the City Clerk's office on
December 3, 2007 (Exhibit "A" to the election resolution). The petition was forwarded to
the San Diego County Registrar of Voters, and the petition signatures were validated up to
the required number of 13,669 signatures (fifteen percent of the voters of the City). The
certification by the Registrar of Voters (attached to the petition) was received January 7,
2008, and the proponents of the measure were notified. Elections Code Sections 9266 and
9114 require the City Clerk to certify the results of the examination to the City Council at its
next regular meeting.
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JAJfUPJRYI5,2008,hem~
Page 3 of3
Elections Code Section 9255(a)(3) requires the City Council to submit to the voters a
Charter amendment proposed by a petition signed by fifteen percent of the registered voters
of the City. Elections Code sections 9255(a) and 1415 allow a Charter amendment to be
submitted to the voters" at either: (1) a special election called for that purpose, (2) at any
established municipal election date, or (3) at any established election date pursuant to
Elections Code Section 1000, provided there are at least 88 days before the election. The
next established municipal election will be the General Municipal Election on June 3, 2008,
pursuant to Chula Vista Charter Section 900. The next election dates established by
Elections Code Section 1000 are Tuesday, February 5, 2008; April 8, 2008, and June 3,
2008. Because the February and April dates fall within the 88-day provision, there is not
sufficient time to call an election for the purpose of submitting this measure to the voters on
either of those dates. The City is not required to place the measure on the ballot for the next
available election and can place the measure on a later ballot as long as it is at least 88 days
after the date such election is called. It is recommended that the Council direct the City
Clerk to place this measure on the June 3, 2008 ballot.
Pursuant to Elections Code Section 9282, the proponents may file a written argument in
favor of the measure, and the legislative body may submit an argument against it.
Arguments may not exceed 300 words in length. Arguments must be accompanied by the
printed name(s) and signature(s) of the author(s), or if submitted on behalf of an
organization, the name of the organization and the printed name and signature of at least one
of its principal officers who is the author of the argument. No more than five signatures
may appear with any argument submitted. Arguments in favor or against this measure will
be due to the City Clerk by March 19,2008.
Because the proposed Charter amendment measure would affect the office of the City
Attorney, the resolution instructs the City Clerk to cause the preparation of the impartial
analysis.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and, consequently, the 500-foot rule found in California Code of
Regulations Section 1 8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
The City Clerk has budgeted $120,000 for the June 3, 2008 election, it is anticipated that
this amount will be sufficient to cover the cost for the election of two Councilmembers.
The City Council is required to pay costs of verifying signatures on a petition for a
Charter amendment. The cost to verify the signatures is estimated to be $20,000. The
Registrar of Voters' staff has estimated the cost to place a measure on the June 3, 2008
ballot to be $54,000. h is therefore requested that an appropriation of $74,000 be made
to the City Clerk's Election Supplies and Services budget for the unanticipated expenses
related to the petition.
ATTACHMENTS
1. Proposed election resolution and Exhibit "A" thereto (Proposed Charter Amendment
measure and Certification)
2. Proposed resolution appropriating funds for certification of signatures and placement
of petition for Charter amendment on the ballot
Prepared by: Donna Norris, Interim City Clerk
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3,
2008, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE
CITY COUNCIL; PLACING A CITIZEN-INITIATED CHARTER
AMENDMENT ON THE BALLOT TO BE CONSIDERED BY THE
ELECTORATE AT THAT ELECTION; CONSOLIDATING SUCH
ELECTION WITH THE STATEWIDE ELECTION; REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO
TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH
ELECTION; AND AUTHORIZING THE CITY CLERK OR HER
DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY
PROCEDURES FOR SUCH ELECTION
WHEREAS, in accordance with the provisions of the ChuIa Vista Charter and
State law, a General Municipal Election shall be held on June 3, 2008 for the purpose of
electing two (2) Members of the City Council to fill Seats 3 and 4 for the full term offour
years, commencing in December 2008; and
WHEREAS, a petition entitled, "A Petition to Amend the Chula Vista City
Charter to Make the City Attorney an Elected City Officer" was filed with the City
Clerk's office on December 3, 2007; and
WHEREAS, pursuant to California Elections Code Section 9255(a)(3), the
required number of signatures to submit this measure to the voters was 13,669, which
was fifteen percent of the 91,122 voters in the City of Chula Vista as officially reported
by the County Registrar of Voters to the Secretary of State on February 20, 2007; and
WHEREAS, the City of Chula Vista has received a certificate from the County of
San Diego Registrar of Voters, attached to the proposed Charter amendment presented
herewith as Exhibit "A" hereto, certifying the results of the Registrar's examination of
the number of signatures and verification of the signatures affixed to the petition; and
WHEREAS, the certification shows that the petition contained not less than
13,669 valid signatures; and
WHEREAS, California Elections Code sections 9255(a) and 1415 require an
petition for a charter amendment that has been signed by no less than fifteen percent
(15%) of the registered voters of the City to be submitted to the voters at either the next
regular general municipal election occurring not less than 88 days after the date of the
order of election, or at a special election called for that purpose, or on any established
election date occurring not less than 88 days after the date of the order of election; and
WHEREAS, it is desirable that the Charter amendment measure be presented for
the consideration of the voters at the June 3, 2008 General Municipal Election, which
date is not less than 88 days after the date of adoption of this resolution; and
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WHEREAS, it is required by the Chula Vista City Charter that the General
Municipal Election be consolidated with the Statewide Direct Primary Election to be held
on the same date, as authorized by Califomia Elections Code section 10418; 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 which 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, Elections Code Section 10403 requires the adoption of a resolution
requesting the Board of Supervisors to consolidate Chula Vista's election with the
statewide general election and to permit the Registrar of Voters to perform certain
services in conjunction with the City's election; and
WHEREAS, it is desirable that the County of San Diego Registrar of Voters
conduct the election and canvass the returns of said General Municipal Election, and that
the City Clerk be authorized to carry out all other necessary procedures for such election;
and
WHEREAS, sufficient funding is anticipated to be allocated as a separate action
for the payment of costs relating to the certification of the signatures on the petition and
the placement of the measure on the ballot.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as
follows:
SECTION I. All of the foregoing recitals are true and correct.
SECTION 2. 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, June 3, 2008, a regular municipal
election of the qualified electors of said City for the purpose of electing two (2) Members
of the City Council to fill Seats 3 and 4 for the full term of four years, commencing
December 2008. The exact form of the offices to be voted upon to appear on the ballot
and to be submitted to the voters are as follows:
The election of one (I) Member of the City Council to fill Seat 3 for the full term
of four years, commencing December 2008.
The election of one (I) Member of the City Council to fill Seat 4 for the full term
of four years, commencing December 2008.
SECTION 3. The City Council, pursuant to its right and authority as established
in California Elections Code sections 9255(a)(3) and 1415, does hereby order submitted
to the voters at the election specified above the following question:
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Measure _: A Petition to Amend the Chula Vista City Charter to Make the City
Attorney an Elected City Officer, Sufficiently Independent of the Council and Other City
Officials
Shall the Charter of the City ofChula Vista be amended to make the YES
City Attorney an elected City Officer, sufficiently independent of the
Council and other City officials?
NO
SECTION 4. Should said question be approved by the requisite vote, the measure
attached hereto as Exhibit "A" and incorporated by this reference shall be enacted.
SECTION 5. The City Council hereby acknowledges its authority pursuant to
California Elections Code section 9282 to submit a written argument not to exceed 300
words against the proposed measure and that of the proponents of the measure to file a
written argument not to exceed 300 words in favor of the proposed measure. Each
argument must be submitted to the City Clerk, and may be changed until and including
the date fixed by the City Clerk for submission of the arguments, after which no
arguments for or against the proposed measure may be submitted to the City Clerk.
Printed copies of each properly authorized and filed argument shall be enclosed with each
sample ballot in accordance with California Elections Code section 9282.
SECTION 6. Because the proposed measure affects the organization of the office
of the City Attorney, the City Clerk shall cause the preparation of an impartial analysis of
the measure, which shall be filed by the date set by the City Clerk for the filing of
arguments.
SECTION 7. The General Municipal Election for the purposes of electing two (2)
Members of the City Council and submitting the proposed measure on the amendment of
the Chula Vista Charter shall be consolidated with the Statewide Direct Primary Election
held on the same day in accordance with California Elections Code section 10401.
SECTION 8. Pursuant to Elections Code section 10403, 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, in order to
properly and lawfully conduct such election.
SECTION 9. The Board of Supervisors of the County of San Diego is hereby
requested to consolidate this election with the statewide election to be held on the same
day, in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections
Code, (a) the election shall be held in all respects as if there were only one election; (b)
only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San
Diego shall canvass the returns of the subject election as part of the canvass of the returns
of the election consolidated hereby.
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SECTION 10. Pursuant to Section 10410 and Section 10418 of the Elections
Code within the territories affected by this consolidation, the election precincts, polling
places, voting booths and polling hours shall, in every case, be the same, and there shall
be only one set of election officers in each of the precincts.
SECTION 11. 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 bill therefor, 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
conduct of this election.
SECTION 12. 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 13. The polls of said election shall be open at seven o'clock a.m. of
the day of said election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when said polls shall be closed, except as provided in
Section 14401 of the Elections Code of the State of California.
SECTION 14. 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 IS. 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 16. 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 17. The City Clerk shall certify to the passage and adoption of this
resolution and file it with the City's original resolutions.
Presented by:
Approved as to form by:
;h
Shawn Hagerty
Brooke Miller
Special Counsel
DonnaR-Norris
Interim City Clerk
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EXHIBIT A
DEBORAH SEILER
Registrar of Voters
OJOUttt~ of ~att ;!Eli~go
REGISTRAR OF VOTERS
5201 Ruffin Road, Suite I, San Diego, California 92123-1693
Office:
Fax:
TOO:
Toll Free:
(858) 665-5800
(858) 694-2955
(858) 694-3441
(800) 696-0136
MICHAEL VU
Assistant Registrar
January 7, 2008
Susan Bigelow, City Clerk
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910-2631
Re: "A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected
City Officer, Sufficiently Independent of the Council and Other City Officials."
As directed by your office, we have conducted a verification of up to 13,669 valid signatures from
the total of21,620 submitted. Results of the verification process are as follows:
. Date petition was received in our office .............................. December 4, 2007
. Number of sections submitted .................................................................1,920
. Number of signatures submitted ............................................................21,620
. Number of signatures verified ...............................................................19,354
. Number of signatures found NOT sufficient ...........................................5,685
(includes 2,213 duplicates)
. Number of signatures found sufficient ..................................................13,669
If you need further assistance please call Rosemarie Ganzon at (858) 694-3443.
DFBlJtstlfjL
Registrar of Voters
8-8
PETITION FOR SUBMISSION TO VOTERS OF PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF CHULA VISTA
To the City Council of the City ofChula Vista:
pr'
.. ,.- -
,":,~.;J ~\ J
We th~w;gersigned, registered and qualified voters of the State of California, residents of the
~ o~~hula Vista, pursuant to Section 3 of Article XI of the California Constitution and
ClaPter~Jcommencing with Section 34450) of Part I ofDivision2 of Title 4 of the
<JOve~t Code, present to the city council of the city this petition and request that the
following proposed amendment to the charter of the city be submitted to the registered and
qualified voters of the city for their adoption or rejection at an election on a date to be
ckterrnined by the city council. We further request that the election be scheduled at the earliest
possible date.
Existing provisions proposed to be deleted are in strikeeut type and the new provisions proposed
to be added are in italic type. The proposed charter amendment reads as follows:
ELECTED CITY ATTORNEY ACT
Section 1. Pumose and Findin2li - Elected City Attornev
This charter amendment is intended to provide for the election of the City Attorney by
the residents of the City ofChula Vista. The City ofChula Vista should have an elected City
Attorney who is responsible to Chula Vista residents instead of an appointed city attorney
responsible only to the Mayor and City Council. It is in the best interests of the City of Chula
Vista that the City Attorney be sufficiently independent of the City Council and other city
officials to able to both advise the city and act in the best interests of the public.
Section 2. Amendment of the Charter
A.
follows:
Section 503 of the Charter of the City of Chula Vista is hereby amended to read as
Section 503 City Attornev: Election. Powers and Duties
Te sesame eligible fur City ~A...ttemey, tHe 13efSaB a1313omtea. shall13e a:B. attemey at la\~." d:uJy
liees.sed as saeh \:Jfleler the la..,;S sf the Rt:a.te of Ca:Hfernia. Tae City ...A...Uemey sh&ll have pe~Ner
andeereEIUireate
(a). Designation as Officer. The City Attorney shall be an officer of the City, in addition
to any other officers designated pursuant to 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 of the City Attorney. The City Attorney shall:
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W(1) Represent and advise the City Council and all city officers in all matters oflaw
pertaining to their offices and advise all boards, commissions, and other agencies of the City on
legal matters referred to him or her, and render written legal opinions when the same are
requested in writing by the Mayor or a member of the Council or the City Manager or any other
officer, board or commission of the City;
1."
1_.
(bt(2) Represent and appear for the City and any city officer or employee, or former
Citj' offi.~:pr employee, in any or all actions and proceedings in which the City or any such
officer ~~ployee in or by reasons of his or her official capacity, is concerned or is a party;
;;{-~ ~ .;,
<d;. n--~
>- (cl@ Attend all regular meetings of the City Council and give his or her opinion in
wtiling V'ibfnever requested to do so by the City Council or by any of the boards or officers of
the City;, . .
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~
:; (Q)(4) Approve the form of all contracts made by and all bonds given to the City,
endorsing approval thereon in writing;
(ef(5) Prepare any and all proposed ordinances or resolutions for the City, and
amendments thereto;
W{6) Prosecute, if so directed by ordinance of the City Council, all offenses against the
ordinances of the City and for such offenses against the laws of the State as may be required by
law, and shall 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 misdemeanors;
(7) Whenever a cause of action exists infavor of the City, exercise discretion as to when
to commence or maintain legal proceedings, subject to the approval or ratification by the City
Council, when the basis for such action is within the knowledge of the City Attorney, or, he or
she shall commence or maintain legal proceedings as directed by the City Council;
(g) De'iete seek time te the alities ef effiee as may be Sfleei4iea iR the arEliBlmee ar
FeSelatioR fuUag the GaIBfJeflSati6a fur S\ieh effiee; Me.
(h}(8) Surrender to his or her successor all books, papers, files and documents pertaining
to the City's affairs.
The Council may empower the City Attorney, at his or her request, to employ special
legal counsel, and he or she shall have the power to appoint appraisers, engineers and other
technical and expert services necessary for the handling of any pending or proposed litigation,
proceeding or other legal matter. Upon the City Attorney's recommendation and the approval of
the Council, when he or she has a conflict of interest in litigation involving another office of the
City in his official capacity, such other officer may reta.in special legal counsel at City expense.
Nothing in this Section 503 shall be construed to prevent the City Attorney from giving
confidential advice to the City when otherwise allowed by law.
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,--
The City Ce1lReil shall !lave eeatFel sf all legal. Besmess aB4 jlreeeedffigs !!Be may e!BIl1ey ether
attemeys ta take eharge sf any l-itigatiefl a1 matter at te assist t:Re City ...\ttemey tB.efem.
(c) Election; Compensation of City Attorney. The City Attorney shall be nominated and
elected in the same manner and at the same election as a member of the City Council, except as
otherwise provided in this section. The compensation of the elected City Attorney shall be set by
the Council, but shall be not less than the median compensation paid to the City Attorneys of the
six California cities whose populations are closest to that of the City ofChula Vista, provided
thjfJJ thr~f!!:f! higher and three are lower in population, and that compensation may not be
reaucectiJ/jiing the City Attorney's term of office, except as part of a general reduction of
s4lf;zries;W!.4ll officers and employees in the same amount or proportion. The City Attorney shall
br.in the:fljjdassified Service.
":,J 5:;C:
-'""'\f.
Ie. (tl)Qualifications of City Attorney. No person shall be eligible for or continue to hold the
qjfice 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, licensed to practice law in all courts
of the State of California and so licensed for at least seven years preceding his or her
assumption of office following election under this charter.
(e). Term of Office of the City Attorney. The City Attorney shall be elected to 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 successor qualifies.
(j) Vacancy, Filling of Upon the 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 the Council; provided, that if the Council shall fail to fill a vacancy by appointment
within sixty days after such office shall become vacant, or if the unexpired term of the City
Attorney shall exceed 24 months at the time of the appointment, the City Council shall cause a
special election to be held to fill such vacancy. 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 general
election for the Office of the City Attorney.
(g) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by
the Council when the person elected or appointed thereto fails to qualifY within ten days after his
or her term is to begin, dies, resigns, ceases to be a resident of the State or absents himself or
herself continuously from the State for a period of more than thirty days without permission from
the Council, absents himself or herself from any seven consecutive regular meetings except on
account of own illness or when absent from the City by permission of the Council, is convicted of
a felony, is judicially determined to be an incompetent, is permanently so disabled as to be
unable to perform the duties of his or her office, forfeits his or her office under any provision of
this Charter, or 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.
B.
follows:
Section 500 of the Charter -of the City of Chula Vista is hereby amended as
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500. Election. Aooointment and Removal of Officers and Deoartment Heads
'.~;...
(a) Election; Appointment. The City Attorney shall be elected by the voters of the
City. The City Manager, City f.ttlll'ftey and City Clerk shall be appointed by and serve at the
pleasure of the City Council and shall be in the Unclassified Service. In addition, there shall be
in the Unclassified Service a private secretary for the City Manager, City Attorney and the
~yor ~!!:-council who shall be appointed by the respective officers for whom they serve. All
other offioers and department heads of the City and the Assistant City Manager shall be
~infe~y the City Manager subject to the approval of the City Council. The City Attorney
s!J!lll arso~point Assistant or Deputy City Attorneys as may be authorized by the Council, who
shhll b~')he Unclassified Service. The City Clerk may also appoint Assistant or Deputy City
Clerks '$ may be authorized by the Council subject to the approval of the Council who shall be
lli'ihe UnClassified Service. It is further provided the City Council may, by ordinance, place
Assistant and Deputy Department Heads, Assistants to the City Manager and new management
level positions in the Unclassified Service by a four-fifths vote of the Council.
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(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 for the in said written communication
from the City Manager, the City Attorney or City Clerk containing the reason for said dismissal,
and determine the truth or falsity of said facts. Council shall report its findings and
recommendations made as a result of such hearing, and cause a copy of said findings to be
delivered to the City Manager, the City Attorney or City Clerk and file the original with the City
Clerk. The dismissed appointee or employee in such cases shall have the right to file with the
Council a written reply or answer to any charges filed by the City Manager, the City Attorney or
the City Clerk. All written documents, including the City Manager's, the City Attorney's or the
City Clerk's written reasons for such dismissal, and the reply of the dismissed appointee or
employee, the fmdings 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.
5
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(c) No fiscal impacts. Except as expressly provided in Section 503, nothing in this
Section 500 shall be construed to limit the budgetary authority of the City Council as respects
the officers and employees under the supervision of the City Attorney.
Section 3. ImDlementation
0::
A. Upon the effective date of this initiative, the provisions of this initiative shall be
inserted into the Charter as amendments thereto. Any provisions of City Charter, state law or
city ordinances inconsistent with these amendments shall be unenforceable to the extent of the
inconsistency.
S no
It: !;:The City Attorney serving at the time of the adoption of this initiative, or his or her
s~es~~ shall continue to be qualified to hold such office, and shall carry out the duties and
bt?auth~ to continue to exercise any and all powers of that office under the terms and
cciil'diti~:rif this Charter and general law existing prior to the adoption of this initiative, until his
o~er sUCC~sor is qualified and assumes office by election or appointment as a result of the next
g~ral erection.
I\.J
.:;.1
Section 4. Severability.
,-
If any word, sentence, paragraph, subparagraph, section or portion of this initiative is
declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs,
sections and portions are to remain valid and enforceable.
Section S. Amendment or ReDeal.
This initiative may be amended or repealed only by the voters at a City election.
Section 6. Effective Date.
If a majority of the voters voting on the proposed charter amendment vote in its favor, the
charter amendment shall become valid and binding upon filing by the California Secretary of
State.
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING FUNDS FOR THE VERIFICATION OF
SIGNATURES FOR CERTIFICATION OF A PETITION FOR A
CHARTER AMENDMENT AND FOR ITS PLACEMENT ON THE
BALLOT FOR THE CONSOLIDATED GENERAL MUNICIPAL
ELECTION ON TUESDAY, JUNE 3, 2008
WHEREAS, under the provisions of the Chula Vista Charter, a General Municipal Election
shall be held on June 3, 2008 for the purposes of electing two (2) Members of the City Council to fill
Seats 3 and 4 for the full term offour years, commencing in December 2008, and submitting to the
voters a citizen-initiated Charter amendment; and
WHEREAS, the City Council has adopted or is anticipated to adopt a separate resolution
consolidating the General Municipal Election with the Statewide Direct Primary Election to be held
on the same date, requesting the County of San Diego Registrar of Voters to conduct the election,
and authorizing the City Clerk to take all necessary actions to conduct the election; and
WHEREAS, the City Council has previously budgeted a sufficient amount to cover the cost
of placement of the measures for election of two Members of the City Council on the ballot for such
election; and
WHEREAS, the City Council has adopted or is anticipated to adopt a separate resolution
placing a petition for a Charter amendment on the ballot for such election upon certification that the
required number of signatures has been met; and
WHEREAS, the City Council is required pursuant to California Elections Code section 9266
to pay the cost of verifying signatures for an initiative petition for a Charter amendment; and
WHEREAS, the cost to verify the signatures for the petition for a Charter amendment is
estimated to be $20,000; and
WHEREAS, the Registrar of Voters has estimated the total cost of the placement of the
petition for a Charter amendment on the ballot for the consolidated General Municipal Election to be
held on June 3, 2008 to be $54,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows:
SECTION I. The amount ofTwenty Thousand Dollars ($20,000.00) is hereby appropriated
to the City Clerk's Election Supplies and Services budget for the payment of costs for the
verification of signatures for the petition for a Charter amendment to be placed on the ballot for the
June 3, 2008 consolidated General Municipal Election, and the City c'1erk is hereby authorized to
disburse such amount for payment of such costs.
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SECTION 2. In addition, the amount of Fifty-Four Thousand Dollars ($54,000.00) is hereby
appropriated to the City Clerk's Election Supplies and Services budget for the payment of costs for
the placement of the petition for a Charter amendment on the ballot for the June 3, 2008 consolidated
General Municipal Election, and the City Clerk is hereby authorized to disburse such amount for
payment of such costs.
Presented by:
Approved as to form by:
Donna R. Norris
Interim City Clerk
~~
Brooke Miller
Special Counsel
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