Chula Vista Municipal Code Ch. 2.63 Administration and Personnel

“MEASURE A” CITIZENS’ OVERSIGHT COMMITTEE

Sections:

• 2.63.010 Creation. 2.63.020 Function. 2.63.030 Specific duties.

• 2.63.040 Limits on authority. 2.63.050 Composition – Qualifications – Nomination. 2.63.060 Repealed. 2.63.070 Terms.

• 2.63.080 Meeting frequency. 2.63.090 Operating rules and procedures. 2.63.100 Staff support. 2.63.110 Dissolution date.

There is hereby created the “Measure A Citizens’ Oversight Committee” (the “COC”). The COC is created for the purpose of providing citizens’ oversight in connection with expenditures of tax revenues generated by Measure A. Measure A is a $0.005 general transactions and use tax approved by the voters on June 5, 2018. Measure A is codified as Chapter 3.34 CVMC. To the extent of any inconsistency between this chapter and Measure A, the terms of Measure A shall govern. (Ord. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

The function of the COC is to review and report on City compliance with the provisions of Measure A, particularly with respect to the City’s accounting and expenditure of Measure A revenues. (Ord. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

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 3.34.160(A)); (2) “Measure A Spending Plan” (as defined in CVMC 3.34.160(B)); and (3) auditor report (as described in CVMC 3.34.160(C)).

• B. Make determinations as necessary and appropriate regarding City compliance with Measure A requirements.

• C. Work with City staff to identify and apply “best practices” for tracking and reporting on Measure A revenues and expenditures relative to other Public Safety Department revenues and expenditures.

D. Prepare an annual report regarding subsections (A), (B) and (C) of this section for presentation to the City Council at a public meeting. (Ord. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

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. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

A. Members. The COC shall be comprised of 11 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.

C. Designated Members. Seven of the total 11 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 be a member of the Chamber;

2. Chula Vista Police Officers Association (POA); nominee(s) must be an active member of this association;

3. Chula Vista International Association of Fire Fighters (IAFF); nominee(s) must be an active member of this association;

4. Association of Chula Vista Employees (ACE); nominee(s) must be an active member of this association;

5. Chula Vista Fire Chief;

6. Chula Vista Police Chief;

7. Chula Vista Middle Managers/Professional Employee Group (MM/PROF).

Designated Members shall be appointed in accordance with the Designated Member appointment process specified in CVMC 2.25.052(D).

D. At-Large Members. Four of the total 11 COC Members shall apply and serve as representatives of the City “atlarge.” At-large Members shall be comprised of one resident from each of the four City Council districts and 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(Q), 2022; Ord. 3490 § 1, 2020; Ord. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

A. In General. Initial terms of office shall be determined in accordance with City Charter Section 602(b). The initial COC members shall be appointed and convene in accordance with CVMC 3.34.160(D), in time to consider and provide input on the Intended Public Safety Expenditure Plan.

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 co-terminus 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. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

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 3.34 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. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

Except as expressly provided herein, or as otherwise necessary to implement this chapter or the requirements of Measure A, 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. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

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. 3444 § 1, 2018; Ord. 3438 § 1, 2018).

The COC may be disbanded following the implementation of “Phase I” critical needs, as reported in the Intended Public Safety Expenditure Plan and if the City Council elects to disband the COC, a citizens’ group or committee designated by the City Council shall be responsible for reporting to the City Council, in a manner determined by the City Council, regarding the collections and expenditure of Measure A revenues and the resulting impacts on public safety. (Ord. 3539 § 1(Q), 2022; Ord. 3444 § 1, 2018; Ord. 3438 § 1, 2018).