Chula Vista Municipal Code Ch. 2.61 Administration and Personnel

“MEASURE P” CITIZENS’ OVERSIGHT COMMITTEE

Sections:

• 2.61.010 Creation.

• 2.61.020 Function.

• 2.61.030 Specific duties.

• 2.61.040 Limits on authority.

• 2.61.050 Composition – Qualifications – Nomination.

• 2.61.060 Repealed.

• 2.61.070 Terms.

• 2.61.080 Meeting schedule.

• 2.61.090 Operating rules and procedures. 2.61.100 Staff support.

• 2.61.110 Dissolution date.

There is hereby created the “Measure P Citizens’ Oversight Committee” (the “COC”). The COC is created for the purpose of implementing Section 3.33.160.D of Measure P. Measure P is a temporary one-half cent sales tax measure approved by the voters on November 8, 2016. Measure P is codified as Chapter 3.33 CVMC. To the extent of any inconsistency between this chapter and Measure P, the terms of Measure P shall govern. (Ord. 3394 § 1, 2016).

The function of the COC is to review and report on City compliance with the provisions of Measure P, particularly with respect to the City’s accounting and expenditure of Measure P revenues. (Ord. 3394 § 1, 2016).

The specific duties of the COC are as follows:

A. Review and comment on each year’s: (1) “Finance Department report” (as defined in CVMC 3.33.160(A)); (2) “Measure P spending plan” (as defined in CVMC 3.33.160(B)); and (3) Auditor report (as defined in CVMC 3.33.160(C)).

B. Prepare an annual report regarding subsection (A) of this section for presentation to the City Council at a public meeting.

C. Work with City staff to identify and apply “best practices” for tracking and reporting on Measure P revenues and expenditures relative to other City revenues and expenditures. (Ord. 3394 § 1, 2016).

Per Charter Section 600, the COC shall have no authority to direct the conduct of any department. The COC is advisory in nature, and as such shall have no authority to approve, disapprove or prevent any City action. (Ord. 3394 § 1, 2016).

A. Members. The COC shall be comprised of nine Members, each with equal rights and standing to act and vote on COC matters.

B. Qualifications Applicable to All Members. Per Charter Section 602(d), all COC Members must be qualified electors of the City. A “qualified elector” of the City is a City resident that is qualified and registered to vote as a City resident. COC Members must be qualified electors at the time they apply and must maintain such status throughout their tenure. No COC Member may be a current City employee or current elected City official per the requirements of Measure P (CVMC 3.33.160(D)).

C. Designated Members. Four of the total nine COC Members shall be nominated, apply, and serve as “Designated Members.” Designated Members shall be nominated, one each, by the following nominating authorities (each a “nominating authority,” collectively the “nominating authorities”), subject to the additional membership qualifications, if any, specified for each:

1. Chula Vista Chamber of Commerce; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction);

2. San Diego County Taxpayers Association; nominee(s) must have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction);

3. Chula Vista Parks and Recreation Commission; nominee(s) must be from this Commission;

4. Sustainability Commission (formerly known as the Resource Conservation Commission); nominee(s) must be from this Commission;

   5. San Diego and Imperial Counties Labor Council;

   6. Alliance of Californians for Community Empowerment, San Diego branch.

• D. Designated Member Appointment Process. Designated Members shall be appointed in accordance with the Designated Member appointment process identified below.

1. When a vacancy occurs, Designated Members shall be selected for nomination by the nominating authorities specified in subsection (C) of this section that do not have a Designated Member appointed to the COC (each an “unrepresented nominating authority,” collectively the “unrepresented nominating authorities”) at the time the vacancy occurs. If any of the unrepresented nominating authorities declines to exercise their nominating authority in a timely fashion, or if any ceases to function or exist, that party’s nominating authority may pass to a substantially similar organization if approved by the City Council.

2. Unrepresented nominating authorities shall submit the name and contact information for their nominee (“Designated Nominee”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide each Designated Nominee with instructions to complete and submit the application to the City Clerk within a specified time period. Completed applications timely received by the City Clerk shall be forwarded to the Mayor.

3. The Mayor shall Interview all Designated Nominees who timely complete applications, and thereafter may make nominations for appointment as provided in subsection (D)(4) of this section, subject to the City Council’s approval.

4. After completing Interviews in accordance with subsection (D)(3) of this section, the Mayor may make a nomination to the City Council or may reject the proposed nomination. If the Mayor rejects a proposed nomination, the Mayor may request additional submittal for a Designated Nominee. Once rejected, a Designated Nominee may not be resubmitted for the term at issue, but may be submitted for consideration for future terms.

E. At-Large Members. Five of the total nine COC Members shall apply and serve as representatives of the City “atlarge.” Expertise and experience in accounting, finance, engineering, or a related discipline (including construction) is desirable but is not required. At-large Members shall be comprised of the following:

1. One Member may be a resident of any one of the four districts and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A).

2. The four remaining Members shall be nominated by a particular Council district seat and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be a resident of the corresponding Council district and must maintain their district residency throughout their tenure. (Ord. 3539 § 1(P), 2022; Ord. 3516 § 1, 2022; Ord. 3490 § 1, 2020; Ord. 3394 § 1, 2016).

A. In General. Terms for COC members shall be determined in accordance with the City Charter and Chapter 2.25 CVMC.

B. Special Rules for Designated Members. Special rules shall apply to COC members that are nominated and qualified through their membership on the board of their nominating authority. For such members (hereafter, “board qualified COC members”), if the underlying term on the board for their nominating authority expires, they may, nonetheless, continue to serve on the COC until the end of their COC term; provided, that they receive the approval of their nominating authority board to do so. Otherwise, board qualified COC member terms shall be coterminus with their terms on their underlying nominating authority boards. The nominating authority shall notify the City Clerk in writing prior to the end of the board qualified COC member’s term if the nominating authority does not authorize their seated member to continue and desires to submit a new nominee or nominees for consideration. (Ord. 3591 § 1, 2025; Ord. 3394 § 1, 2016).

In accordance with CVMC 2.25.200, the COC shall set the date, time and location of its regular meetings by written resolution and may change its regular meeting day, time or location by written resolution. The COC shall meet as often as necessary to accomplish the objectives of Chapter 3.33 CVMC and this chapter. It is estimated that the COC will need to meet a minimum of four times per year to fulfill its assigned duties. (Ord. 3394 § 1, 2016).

Except as expressly provided herein, or as otherwise necessary to implement this chapter or the requirements of Measure P, the rules governing City boards and commissions generally, as set forth in Chapter 2.25 CVMC, shall govern the COC. The COC shall also operate in accordance with the Ralph M. Brown Act; this includes requirements that meetings be noticed in advance and be held in public. The COC may also adopt additional rules and procedures in the form of bylaws as provided in CVMC 2.25.170. Any such bylaws must be consistent with terms of this chapter and all other applicable laws. (Ord. 3394 § 1, 2016).

The City Manager, and/or his/her designee(s), shall serve as the City staff liaison to the COC and shall provide it with administrative support, including designation of a COC staff secretary. The City Attorney, and/or his/her designee(s), shall provide the COC with legal counsel and support. (Ord. 3394 § 1, 2016).

The COC shall automatically dissolve at such time that all Measure P revenues have been collected, expended and accounted for, and that the COC shall have fulfilled all of its responsibilities with respect thereto. With the Measure P tax expiring on March 31, 2027, it is currently estimated that the COC dissolution shall occur on or about December 31, 2028. (Ord. 3394 § 1, 2016).