Item 6.3
Revised Resolution B
RESOLUTION NO. __________
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, [ELECTION DATE AS
DETERMINED BY CITY COUNCIL], FOR THE ELECTION
OF A CITY ATTORNEY TO FILL THE VACANCY PURSUANT
TO CHULA VISTA CHARTER SECTION S 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; AUTHORIZING
THE CITY CLERK OR HER DULY APPOINTED
AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY
PROCEDURES FOR THE ELECTION; AND APPROPRIATING
FUNDS IF AN ELECTION IS CALLED IN FISCAL YEAR
2022/23 (4/5 VOTE REQUIRED IF APPROPRIATION IS TO
BE MADE)
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
[IF THE DISTRICT 3 VACANCY IS TO BE FILLED BY SPECIAL ELECTION, THE FOLLOWING RECITAL SHALL BE INCLUDED , OTHERWISE REMOVE ] WHEREAS, the City Council has adopted Resolution No. [ENTER RESOLUTION NUMBER OF RESOLUTION CALLING DISTRICT 3 ELECTION] and desires that this resolution and Resolution No. [ENTER RESOLUTION NUMBER OF RESOLUTION CALLING DISTRICT 3 ELECTION] be implemented together to call a consolidated special election for both the District 3 City Councilmember and City Attorney seats; 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 C ity Clerk or her duly appointed authorized agents be authorized to carry out all other necessary procedures for the election; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environme ntal 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, [ELECTION DATE AS DETERMINED BY CITY COUNCIL] 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 El ections 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 Resolution No.
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’clo ck 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.
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 necessa ry 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 da te, as determined by the City Council, in the sections indicated throughout this resolution
SECTION 14. If the special election called in this resolution occurs in Fiscal Year 2022/23, the City Council appropriates up to $2.0 million from the General Fund reserve to the City Clerk’s supplies and services expenditure category to fund the costs of the election.
SECTION 15. The City Clerk shall certify the passage and adoption of this resolution and file it with the City’s original resolutions.
Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney