Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE VACANCY OF THE
OFFICE OF DISTRICT 4 CITY COUNCILMEMBER AND
DECLARING AN INTENTION TO USE GOOD FAITH, BEST
EFFORTS TO APPOINT A PERSON TO FILL THE VACANT
SEAT
WHEREAS, under the provisions of Chula Vista Charter Section 303(A), a vacancy occurs when a current office holder resigns from office, and the City Council shall declare by resolution the existence of any vacancy as soon as practicable; and
WHEREAS, District 4 City Councilmember Andrea Cardenas submitted a letter of resignation effective February 19, 2024, attached hereto as Exhibit 1; and
WHEREAS, the current District 4 City Councilmember term expires in Dece mber 2024, leaving less than one year remaining in the term; and
WHEREAS, pursuant to Charter Section 303(C)(1), when a vacancy occurs with less than one year remaining in the term, the City Council must use their good faith, best faith efforts to fill that vacancy by Council appointment by no later than 45 days after the date of declaring the seat vacant; and
WHEREAS, although a new Redistricting Plan was approved in 2021, the boundaries for City Council District 4 adopted as part of the Districting Plan in 2015 will be applicable to fill this unscheduled vacancy as Charter Section 903(A)(2) states that a new Redistricting Plan with adjusted district boundaries is used commencing with the next scheduled primary municipal election (March 2024 for District 4); and
WHEREAS, under the provisions of Charter Section 303(C)( 1), if the City Council is unable to make an appointment within 45 days of declaring the vacancy, the Council’s power to appoint is terminated and the seat will remain vacant for the remainder of the term.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby declare , as of the date of this resolution , that: (i) the Office of District 4 City Councilmember became vacant on February 19, 2024; and (ii) it intends to use good faith, best efforts to fill the vacancy by City Council appointment within forty-five days of this declaration of vacancy.
Resolution No.
Presented by Approved as to form by
Kerry K. Bigelow Jill D.S. Maland
City Clerk Lounsbery Ferguson Altona & Peak
Acting City Attorney