ARTICLE III. CITY COUNCIL.

Sec. 300. Members, Eligibility and Terms.

A. There shall be a City Council of five members, consisting of four Councilmembers and a Mayor, elected at the times and in the manner provided in this Charter.

1. The Mayor shall be elected from the City at large. No person shall be eligible to hold the office of Mayor, or to be elected or appointed to the office of Mayor, unless such person is a resident and registered voter of the City or territory annexed to the City. To be eligible to seek election to the office of Mayor, a person must be a resident and registered voter of the City or territory annexed to the City at the time of filing the nomination papers for such office.

2. Each of the four Councilmembers shall be elected by district in the manner provided in paragraph (3) below. To be eligible to seek election, or appointment, to the office of Councilmember, a person must be a registered voter of the City or territory annexed to the City and resident of the Council district which that person seeks to represent at the time of filing the nomination papers for such office, or at the time of appointment to such office, respectively. No person shall be eligible to hold the office of Councilmember unless that person is a registered voter of the City or territory annexed to the City and resident of the Council district which that Councilmember represents.

3. In the general municipal election, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one (1) candidate from their district; and the two (2) candidates for Councilmember in each district receiving the highest and second highest number of votes cast by the voters of their district shall be the candidates in a run-off election to be held on the same date as the statewide election date in November immediately following the general municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of November of each even numbered year). If only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election, all such candidates shall appear on the run-off election ballot and no candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If one candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second-highest number of votes, all such candidates shall appear on the run-off election ballot. In the run-off election, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected.

4. Notwithstanding any other provision in this Section 300 or Section 300.5, the mandatory run-off election requirement in subparagraph 300.A.3., above, shall take effect in 2014. Notwithstanding that the mandatory run-off elections shall commence in 2014, the transition to by-district elections for Councilmembers shall not commence until 2016 as provided in Section 300.5. Until the 2016 general municipal election, Councilmembers shall continue to be elected at large.

B. The term of each member of the City Council shall be for 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 qualified successor takes the oath of office. Notwithstanding the foregoing, if the official results for the election of the office of Mayor or the office of Councilmember are not certified before the first Tuesday in December, the term for the Mayor or Councilmember(s) elected at such election shall be deemed to commence upon taking the oath of office, which shall be given at the first scheduled City Council meeting following certification of the election results.

C. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Council or Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilmember or Mayor 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 (2) full terms thereafter. Any person elected in a special election for the balance of a regular term of Mayor and/or Councilmember for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter.

D. Each Council district shall be numbered one (1) through four (4) respectively. Any person running for the office of Councilmember shall designate, as the office for which such person seeks election, one of the numbered Council districts as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should a vacancy occur at any time in any Council district, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered district on their nominating papers.

E. Any person to be elected at a general municipal election for the office of Mayor for which nomination papers have been filed shall be deemed elected upon receipt of a majority of the votes cast for the office of Mayor at the election. If no candidate at such general municipal election receives a majority of the votes cast, there shall be a special runoff election, to be held on the same date as the statewide election date in November immediately following the general municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of November of each even-numbered year), between the two candidates receiving the highest and second highest number of votes in the general municipal election for the office of Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two highest number of votes at the general municipal election shall be resolved by a special run-off election. Beginning in 2014, the elections for the office of Mayor shall be held in the same manner as provided in Section 300.A., provided, however, that voters of the City at-large shall be entitled to vote in such elections.

F. Vacancies and elections to fill vacancies for the office of Councilmember or the office of Mayor, shall be determined in accordance with Section 303.C.2.

G. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, his or her name shall not be placed on the ballot. The candidate receiving the third highest number of votes in the general municipal election for the office of Councilmember or the office of Mayor shall be offered by the City Clerk, the opportunity to be placed on the ballot in lieu of the deceased. The City Clerk shall make the offer in writing immediately upon notification of the death. The candidate shall accept or reject in writing to the Clerk within five calendar days of receipt of the City Clerk’s offer. If accepted, the special run-off election between the remaining candidate and the candidate receiving the third highest number shall be held. If rejected, there shall be no run-off election, and the remaining candidate shall be deemed elected as of the date of such death.

H. Any person to be elected at a special run-off election required under this Section shall be deemed elected upon receipt of the highest number of votes for the particular office of Councilmember or the office of Mayor and shall be seated upon taking the oath of office. Ties at such special run-off election shall be resolved by lot.

Sec. 300.5. Districting Commission

A. Establishment of City Districting Commission; Composition; Powers and Duties

1. Separate and distinct from the commissions provided for in Article VI of this Charter, there shall be established a seven (7) member Districting Commission, hereinafter “Commission,” for the purposes of recommending to the City Council the Council districts by which Councilmembers shall be elected, and periodically recommending to the City Council adjustments to the boundaries of such Council districts.

2. The first Commission established under this Section shall recommend, and the City Council shall approve, a Districting Plan establishing four (4) Council districts in a timely manner, but no later than February 1, 2016, for use in the 2016 general municipal election. Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring at least three (3) months after adoption of the Final Districting Plan. As used in this Section, the term “Federal Decennial Census” shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade.

3. One or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in this Section.

B. Ordinances Implementing Districting Commission Powers and Duties; Appropriations to Support Districting Commission

1. The City Council shall adopt such ordinances as are necessary to provide for and support the Commission, and to ensure timely selection of Commission members and full implementation of the Commission’s powers and duties under this Section.

2. The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow the Commission to carry out its powers and duties under this Section.

C. Eligibility to Serve on the Commission.

1. Only persons who are both residents and registered voters of the City or territory annexed to the City are eligible to apply for and serve on the Commission.

2. Notwithstanding that they may be a resident and registered voter of the City or territory annexed to the City, the following persons are ineligible to apply for and serve on the Commission:

a. the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission;

b. a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official;

c. a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official;

d. a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City;

e. a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist” means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City official, for purposes of influencing a municipal decision;

f. a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and

g. a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for an elected City official.

D. Selection of Commission Members; Filling of Vacancies

1. The City Charter Review Commission shall review and verify the information contained in the applications submitted by persons interested in serving on the Commission, including applicants’ eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and verified applications, the City Charter Review Commission shall select ten (10) persons to constitute the pool of eligible applicants for purposes of this Subdivision.

2. Four (4) Commission Members shall be randomly selected from the pool of eligible applicants;

3. Three (3) Commission Members shall be selected by the randomly selected Commission Members from the pool of eligible applicants, subject to approval by the City Council. The goal of such selections shall be to ensure that, to the extent possible and as permitted by law, the Commission includes:

a. women and men who reflect the racial, ethnic, and geographic diversity of the City;

b. persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence;

c. persons who have demonstrated the ability to serve impartially in a nonpartisan role;

d. persons who have experience in the areas of public communication and/or public outreach in the City; and

e. persons who have experience in civic and/or volunteer activities in the City.

The City Council shall approve nominees for selection to the Commission unless the City Council finds by at least four (4) affirmative votes that the approval of one or more of the nominees would be inconsistent with this goal. In such case, the City Council shall approve for selection to the Commission one or more persons from the remaining pool of eligible applicants.

4. In the event that not enough eligible persons apply for the Commission to allow selection in the manner provided in Paragraphs 1, 2, or 3 of this Subdivision, the City Council shall appoint persons as necessary to fill all seven (7) seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision.

5. The Members of the first Commission provided for in this Section shall be determined no later than May 1, 2015. Thereafter, the Members of subsequent Commissions shall be determined no later than May 1 of each year following the year in which the Federal Decennial Census is taken.

6. Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled within 45 days of the date upon which the vacancy existed.

E. Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council

1. Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council.

2. A person who serves as a Commission Member is ineligible to serve on, and shall not seek election to, the City Council in any district whose boundaries were drawn or adjusted by the Commission on which such person served for a period of four (4) years immediately following the end of the person’s service on the Commission.

F. Districting Criteria.

The Commission and City Council shall adhere to the following criteria in considering and approving or disapproving any Districting Plan:

1. District shall have reasonably equal populations as required by the Federal and State constitutions.

2. District boundaries shall be geographically compact and contiguous.

3. District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible.

4. District boundaries shall respect communities of interest to the extent practicable. A community of interest is defined as a geographic area comprised of residents who share similar interests including, but not limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates.

5. District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers.

6. District boundaries shall be drawn without regard for advantage or disadvantage to any political party.

G. Procedures for Creation of Draft and Recommended Districting Plans.

The Commission and City shall abide by the following procedure in any districting process:

1. The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City.

2. The Commission shall approve a Draft Districting Plan based on application of the districting criteria specified in Subdivision F of this Section and consideration of all public comments submitted to it. Approval of a Draft Districting Plan shall require the affirmative vote of at least five (5) Commission members. The Commission shall hold at least two (2) public meetings prior to approving a Draft Districting Plan.

3. A Draft Districting Plan approved by the Commission shall be made publicly available for at least thirty (30) days before the Commission may take any action to approve a Recommended Districting Plan. The Commission shall hold at least two (2) public meetings between the release of a Draft Districting Plan and approval of a Recommended Districting Plan; provided, however, that the first such public meeting shall not be held sooner than seven (7) days following the release of a Draft Districting Plan.

4. The Commission shall thereafter approve a Recommended Districting Plan for consideration by the City Council. Approval of a Recommended Districting Plan shall require the affirmative vote of at least five (5) Commission Members.

5. For each Recommended Districting Plan prepared by the Commission and submitted to the City Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by the Commission to prepare the Recommended Districting Plan. Such a report shall accompany any Recommended Districting Plan submitted by the Commission to the City Council.

H. City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan.

1. The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of the Commission before the City Council takes any action to approve or disapprove the Recommended Districting Plan.

2. The Recommended Districting Plan shall be made publicly available for at least fourteen (14) days before any vote by the City Council to approve or disapprove a Recommended Districting Plan.

3. The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall approve or disapprove the Recommended Districting Plan in its entirety.

4. If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City.

5. If the City Council disapproves a Recommended Districting Plan, the City Council shall immediately state in writing to the Commission the reasons for such disapproval, including any deviations by the Commission from the districting criteria specified in Subdivision F of this Section. Thereafter, the Commission shall consider the City Council’s stated reasons for disapproval and may consider and approve alterations to the Recommended Districting Plan in response to those reasons. After such consideration, the Commission shall submit its Final Districting Plan to the City Council for immediate implementation by the City. Approval of such Final Districting Plan shall require the affirmative vote of five (5) Commission Members.

I. Referendum or Legal Challenge to Final Districting Plan.

1. Any Final Districting Plan approved under this Section shall be subject to the referendum provisions of this Charter. If a referendum qualifies against the Final Districting Plan approved by the first Commission established under this Section, the City shall continue to elect Councilmembers at-large until an election on the referendum is held. If a referendum qualifies against any Final Districting Plan approved by a subsequent Commission, the City shall continue to elect Councilmembers by district elections as provided in Section 300 using existing Council districts until an election on the referendum is held. In either event, if the voters approve such a Final Districting Plan, the Council districts established in the Final Districting Plan shall become effective as soon as practicable. If the voters reject such a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section.

2. If a court of competent jurisdiction invalidates a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section.

J. Dissolution of Districting Commission

Each Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting Plan is implemented by the City. Notwithstanding the foregoing, if a lawsuit to enjoin or invalidate a Final Districting Plan is filed later than the ninety-first day following approval of a Final Districting Plan, the Commission shall automatically revive and continue operations during the pendency of such lawsuit and until a Final Districting Plan is implemented by the City.

K. Transition from At-Large Elections

1. A period of transition from at-large elections to the by-district elections described in Section 300 will occur from the time of approval of a plan to establish Council districts to the time that the first by-district elections are held for each Council district. For this transition period, each Councilmember who currently holds a Council seat will be designated as the incumbent Councilmember representing the Council district with the same numerical designation in the first districting plan approved and implemented by the City Council, whether or not that Councilmember resides in that Council district. For example, the Councilmember occupying the previously-designated Council seat one (1) will be designated the incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in Council district one (1). Each of the Councilmembers occupying office at the time of the effective date of this Section shall be so designated.

2. Council districts one (1) and two (2) shall transition to the by-district elections described in Section 300 of this Charter beginning with the general municipal election in 2018. Council districts three (3) and four (4) shall transition to the by-district elections described in Section 300 beginning with the general municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council district in any by-district election unless such person is eligible to seek election under Subdivisions A and C of Section 300 of this Charter. For purposes of the transition period, prior service by an incumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmember’s eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the newly created Council districts. Thus, a designated incumbent Councilmember of a newly created Council district during the transition period may not be nominated for or elected in a by-district election for that Council district unless (1) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutive term in the office of City Councilmember for which he or she was previously elected or appointed.

Sec. 301. Powers.

The City Council shall judge the qualifications of its members as set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute an infraction and shall be punishable in the same manner as violations of this Charter are punishable.

The City Council shall cause the City Clerk to keep a correct record of all its proceedings and at the demand of any member, or upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and nays taken on such question to be entered in the minutes of the meeting.

Sec. 302. Compensation for Councilmembers.

The four Councilmembers shall receive, as compensation for their services, forty percent (40%) of the salary of the Mayor. They shall receive reimbursement on order of the City Council for Council-authorized travel and other expenses when on official duty of the City. The City Council may also provide, by resolution, for the payment, to Councilmembers of an allowance of a sum certain per month to reimburse them for the additional demands and expenses made upon and incurred by them in serving as Councilmembers.

Sec. 303. Vacancies.

A. When a Vacancy Occurs; Granting Permission for Absences.

If a member of the City Council is absent from four (4) consecutive regular meetings of the City Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneously with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of resignation to the City Clerk, or because of the election of the current office holder to another seat on the City Council, or other office requiring the surrender of the City office seat, the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings), the date of such conviction (in the case of conviction of a felony or crime involving moral turpitude), the effective date of resignation as set forth in such letter of resignation, or the date on which the current office holder is sworn into another office (in the case of an election to another office), as applicable. The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated 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 either the election of the current office holder to another seat on the Council or other 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 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 hereinabove provided in paragraph B, the City Council shall fill such vacancy by election or appointment as set forth herein.

1. If a vacancy is declared by the Council with one (1) year or less remaining in the term from the date of declaration, the Council shall within 45 days appoint a person to fill the vacant seat on the City Council.

In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Council or Mayoral term.

If the Council is unable to make an appointment, the Council’s power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time, the Council’s power to appoint is terminated.

2. If a vacancy declared by the Council occurs with 25 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 Elections Code of the State of California, 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. In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one (1) 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 Section 300.A.3.

b. 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 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 (2) 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 (2) candidates shall be printed on the ballot for that seat.

c. A vacancy in the office of Mayor shall be filled in the same manner as provided in subparagraphs a., and b., above, except that the voters of the City at-large shall be entitled to vote.

3. If a vacancy is declared by the Council with more than one year but less than 25 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 subsection C.1., above, or call a special election to fill the vacancy, pursuant to subsection C.2., above. 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 45 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 section 303.C.2., above.

4. Notwithstanding any other provision in this Section 303.C to the contrary, 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 25 months, the Council shall call a special election to fill the office in accordance with section 303.C.2.

5. As provided in Section 300.C, any person who is appointed by the Council to fill the office of Councilmember or Mayor 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 (2) full terms thereafter.

Sec. 304. Presiding Officer, Mayor.

(a) Mayor. There shall be elected at the general municipal election a Mayor who shall hold office for a term of four years and until a successor is elected and qualified.

(b) Duties. The Mayor shall be a member of the City Council and shall perform all the functions and have all of the powers and rights of a duly elected Councilmember. In addition to said powers and duties, the Mayor shall have the power and duty:

(1) to report to the City Council annually and from time to time on the affairs of the City and to recommend for its consideration such matters as deemed expedient, and

(2) to be the official head of the City for all political and ceremonial purposes and to be recognized by the courts for the purpose of serving civil process, for the signing of all legal instruments and documents, and by the Governor for emergency purposes, and

(3) in the time of public danger or emergency, the Mayor, with the consent of the Council, and for such period as the council may fix, to take command of the police, maintain order and enforce the law, and

(4) to assume the primary, but not the exclusive responsibility, for interpreting to the people the policies, programs and needs of the City government and for informing the people of any major change in policy or program. The Mayor may represent the City in any and all matters involving other governmental agencies, provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City of Chula Vista unless duly authorized or ratified by the City Council, and

(5) to represent the City in all regional public agencies which require an elected City official, unless otherwise determined by the City Council, and

(6) to supervise the operation of the mayor/council office and personnel assigned thereto, and

(7) to perform such other duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter, and

(8) to exercise the full-time function as Mayor of the City during the usual business hours that the offices of the City are open, and such other hours and times as shall be necessary to discharge in full the duties imposed upon the Mayor.

(c) Compensation. The Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State of California. The Mayor shall also receive reimbursement on order of the Council for Council-authorized travel and other expenses when on official duty out of the City. The City Council may also provide, by resolution, for the payment to the Mayor of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the Mayor.

(d) Mayor Pro Tempore. The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor’s absence or disability.

Sec. 305. Prohibited Acts.

No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties.

The Mayor and the Councilmen are hereby individually and collectively prohibited from performing any administrative or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chula Vista.

Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager.

A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council.

Sec. 305.5 Limitations on Powers of Eminent Domain.

Eminent domain is not to be used to further private economic development. The City of Chula Vista shall not initiate or participate in any proceedings, or take any action to condemn private property for the purpose of making such property available for private development, nor shall the City participate, directly or indirectly, in such takings. “Participation” means contributing, lending, providing, pledging, or foregoing, any funds, property, credit, in-kind services, or incurring any debt or lease obligation, or providing any other thing of value to any agency, organization, or project. Notwithstanding these prohibitions, the City of Chula Vista may participate in proceedings to condemn private property for the purpose of making such property available for private development if such participation is approved by a majority of the voters in the City.

Sec. 305.6 Minimum Public Use Period.

Property acquired by the City of Chula Vista through the use of eminent domain after the effective date of this charter amendment must be held or used for a public use by the City for a minimum ten-year period prior to sale, lease, transfer or other disposition by the City.

Sec. 306. Regular Meetings.

The City Council shall hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.

Sec. 307. Special Meetings.

(Repealed 11-8-88)

Sec. 308. Place of Meetings.

All meetings shall be held in the Council Chamber in the Civic Center or such other appropriate conference room located in the Civic Center and shall be clearly noticed and open to the public. If, by reason of fire, flood or other emergency it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if the Mayor should fail to act, by three members of the City Council.

It is further provided that any special meeting may be held within any place suitable and desirable for public assembly within the City of Chula Vista or areas contiguous thereto to facilitate the public participation in the business of the City, subject to the requirements of notice as provided in this Charter and the laws of the State of California. Further, the City Council may meet in joint session at an appropriately designated official place of meeting with the governing body or bodies of any other governmental agency in the County of San Diego, subject to notification as required hereinabove.

At such special meeting called at the time and place and in the manner provided herein, the City Council may not pass upon any ordinance or resolution, or make any final decision on the matters being discussed at said meeting except that final actions may be taken at joint meetings with other governmental agencies held at a regular place of meeting of such agency.

Sec. 309. Quorum; Proceedings.

Three members of the City Council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the Clerk shall be given by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council but need not specify the matters to be acted upon.

Sec. 310. Citizen Participation.

All citizens shall have the right personally, or through counsel, to present grievances at any regular meeting of the Council, or offer suggestions for the betterment of municipal affairs.

Sec. 311. Adoption of Ordinances and Resolutions.

(a) Generally. With the sole exception of ordinances which take effect upon adoption referred to in this article, no ordinance shall be adopted by the City Council on the day of introduction, nor within five days thereafter, nor at any time other than at a regular or adjourned regular meeting. At the time of adoption of an ordinance or resolution, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmembers present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting, held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

(b) For Payment of Money. A resolution or order for the payment of money shall be adopted or made only at a regular or adjourned regular meeting.

(c) Votes Required Execution and Attestation. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least three members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.

(d) Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, and general welfare and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes.

Sec. 312. Ordinances.

(a) Enactment of Ordinances. The enacting clause of all ordinances adopted by the City Council shall be substantially as follows “The City Council of the City of Chula Vista does ordain as follows:”

(b) Publication of Ordinances. Within 15 days after its passage, the City Clerk shall cause each ordinance to be published at least once in a newspaper of general circulation published and circulated in the City, or if there is none, the Clerk shall cause it to be posted in at least three public places in the City or published in a newspaper of general circulation printed and published in the county and circulated in the City. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but such ordinances shall be posted in the manner and at the time required by this section.

The publication or posting of ordinances, as required above may be satisfied by: (1) Publication of the full text of the ordinance, or (2) A summary thereof prepared by the City Clerk, and posting of a certified copy of the full text thereof in the office of the City Clerk, or (3) A display advertisement in a newspaper of general circulation in the City or if the City Clerk determines it is not feasible to prepare a fair and adequate summary of the ordinance, and if the City Council so orders. The synopsis or advertisement shall indicate the general nature of, and provide information about, the ordinance including information sufficient to enable the public to obtain copies of the complete text of such ordinance, as well as the names of those City Council members voting for and against the ordinance.

(c) Codification of Ordinances. Any and all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Ordinances so codified shall be repealed as of the effective date of the code. Other codes, including statutes or published compilations of rules, regulations or standards adopted by the Federal or State government or by any agency of either of them, or nationally recognized or approved published compilations of proposed rules, regulations or standards of any private organization or institution may also be adopted by reference in accordance with the provisions of this subsection. County ordinances or codes or any parts thereof or amendments thereto may be similarly adopted by reference.

Such code need not be published in the manner required for other ordinances, but at least one copy thereof shall be filed in the Office of the City Clerk after the adoption thereof for the use and examination by the public. The City Clerk shall maintain a reasonable supply of copies of such code available for purchase by the public at a price not to exceed its actual cost to the City. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of sections of ordinances generally. Copies of such codes in published form, duly certified by the City Clerk, shall be received without further proof as prima facie evidence of the provisions of such codes or public records in all courts and administrative tribunals of this state.

(d) Effective Date of Ordinances. All ordinances shall take effect thirty days after final passage except the following which shall take effect upon adoption:

(1) An ordinance calling or otherwise relating to an election;

(2) An improvement proceeding ordinance adopted under some law or procedural ordinance;

(3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property; or

(4) An emergency ordinance adopted in the manner provided for in this article.

(e) Amendment of Ordinances. The amendment of any section or sections of an ordinance may be accomplished solely by the reenactment of such section or sections at length as amended.

Sec. 313. Publishing of Legal Notices.

(a) Newspapers Generally. In the event that there is more than one newspaper of general circulation published and circulated in the City, the City Council annually, prior to the beginning of each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation published and circulated in said City, during the ensuing fiscal year. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract.

(b) Rates. In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character.

(c) Posting. In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City.

(d) Defects. No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper shall invalidate any publication where the same is otherwise in conformity with the Charter or law or ordinance.