Vista Municipal Code § 2.16 City Council Elections

Section 2.16.010 City Council

A. The office of City Councilmember shall be filled through by-district elections,

pursuant to California Government Code Section 34886, beginning in November 2018, pursuant to the schedule established in Section 2.16.030 of this Chapter. 1. City Councilmembers shall be elected in the electoral districts established by Section 2.16.120 of this Chapter and subsequently reapportioned pursuant to applicable State and Federal law. Elections shall take place on a by-district basis as that term is defined in California Government Code Section 34871, pursuant to subdivision ( c) of that section. 2. Except as provided in subdivision ( 3) of this section, the Councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a Council Member shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty ( 30) days after the termination of residency. 3. Notwithstanding any other provision of this section, City Councilmembers in office at the time the Ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each Council Member that Member’ s successor shall be elected on a by-district basis in the districts established in Section 2.16.020 and as provided in Section 2.16.030. Ord. No. 17-8, Repealed and Replaced 6/13/17)

Section 2.16.020 City Councilmember Districts

A. Subject to Section 2.16.030, City Councilmembers shall be elected on a by-district

basis from the Council districts depicted on the Official District Map attached as Exhibit 1 to this Section and incorporated by this reference. B. The Council districts specified in subdivision ( A) shall continue in effect until they are amended or repealed in accordance with law. Ord. No. 17-8, Repealed and Replaced 6/13/17; Ord. No. 22-3, Amended and Replaced 3/08/22)

Section 2.16.030 Election Schedule

Except as otherwise required by California Government Code section 36512, City

Councilmembers shall be elected in Council Districts 1 and 4 beginning at the General Municipal

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Election in November 2018, and every four years thereafter, as such Council districts shall be amended. Councilmembers shall be elected in Council Districts 2 and 3 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such Council districts shall be amended. The election schedule for the Mayor is not affected by this Section. Ord. No. 17-8, Repealed and Replaced 6/13/17)

Section 2.16.040 Vacancies

Any mid-term Council seat vacancy in any District shall be filled in accordance with State

Law, only by an eligible resident of that District. Ord. No. 17-8, Repealed and Replaced 6/13/17)

Section 2.16.050 Mayor

A. The term of office of the Mayor shall be four years.
B. The four-year term will first apply to the election for the Office of Mayor held

in 1990. Ord. No. 17-8, Repealed and Replaced 6/13/17)

Section 2.16.060 Deputy Mayor

A. Deputy Mayor Established. It is the pleasure of the City Council that the Office of

Deputy Mayor, otherwise described under Section 36801 of the California Government Code as Mayor Pro Tempore, be established, and that the term of office of the Deputy Mayor be for a term of one year, commencing on January 1 of each year. In the event that a successor has not been named or appointed by the City Council for any year, the incumbent of the Office of Deputy Mayor shall continue in office until such time as the incumbent has been re-appointed or a successor has been appointed. B. Time of Appointment. During each year in which a General Municipal Election is held to elect one or more Members of the City Council, the City Council shall consider the appointment or re-appointment of one of its members to serve as Deputy Mayor for the following year. In all other years, the City Council shall consider the appointment or re-appointment of one of its members to serve as Deputy Mayor for the following year at the first regular full meeting of the City Council held in the month of December of the immediately preceding year. Ord. No. 17-8, Repealed and Replaced 6/13/17)

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Chapter 2. 18

General Provisions and Requirements Affecting
City Commissions, Boards and Committees

Sections:

2. 18. 010 Applicability
3. 18. 020 Discrimination Prohibited
4. 18. 030 Sole Authority to Establish a City Commission, Board or Committee and to Convey Powers to Act
5. 18. 040 Express Delegation of Authority to Act is Required
6. 18. 045 Conduct of Members
7. 18. 050 Conflict of Interest Code Requirements
8. 18. 060 Qualifications for Appointment
9. 18. 070 Procedures for Application and Appointment of Members
10. 18. 080 Standard Terms for Appointment of Members; Termination Dates; Unexpired Terms; and Continuation until Successor is Appointed
11. 18. 090 Organization of City Commissions, Boards and Committees; Rules of Procedure
12. 18. 095 Order and Decorum
13. 18. 100 City Manager Shall Determine Staff Assistance Required
14. 18. 110 Compensation, Reimbursement of Expenses
15. 18. 120 Removal of Members; Abandonment of Office

Section 2. 18. 010 Applicability

The provisions of this chapter shall apply to all commissions, boards or committees of

the City, and to the appointment of members to any City commission, board or committee, unless otherwise required state or federal law or regulation. The provisions of this chapter by shall supersede and prevail over any conflicting provision of this code, or of any ordinance, resolution or other action, previously adopted or approved by the City Council. Ord. No. 99- 13, Added, 07/ 13/ 99; Ord. No. 2013- 8, Amended 6/ 11/ 13)

Section 2. 18. 020 Discrimination Prohibited

In making any nomination, appointment, or approval of an appointment to any City

commission, board or committee, no person shall discriminate against any applicant because of the applicant' s sex, race, creed, color, or national or ethnic origin. Ord. No. 99- 13, Added, 07/ 13/ 99)

Section 2. 18. 030 Sole Authority to Establish a City Commission, Board or Committee and to Convey Powers to Act

A City commission, board or committee may be established only upon adoption of a

resolution or ordinance by the City Council which sets forth and determines the purposes, powers, authorities, duties, responsibilities, and limitations of the commission, board or committee. A City commission, board and committee may be constituted as either a standing or an ad hoc commission, board or committee. As permitted by law, the City Council may, by express delegation and assignment, convey specified powers and authorities to a commission, board or committee to act on behalf of the City Council, or may limit the powers and authorities

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of a commission, board or committee to act in an advisory capacity to the City Council, including the authority to investigate, study and make recommendations to the City Council on any matter within its purview. Ord. No. 99- 13, Added, 07/ 13/ 99; Ord. No. 2013- 8, Amended 6/ 11/ 13)

Section 2. 18. 040 Express Delegation of Authority to Act is Required

Every commission, board or committee of the City is an agent of the City Council and it

possesses and may exercise only those powers and authorities that are expressly delegated to ordinance or resolution of the City Council. Any action taken by any City commission,it by board or committee in excess of such expressly delegated power and authority is not binding upon the City. Unless powers and authorities to act on behalf of the City Council have been expressly delegated to a City commission, board or committee, the commission, board or committee shall be deemed strictly to be an advisory agent to the City Council, without the power and authority to act in any way that is binding upon the City. Ord. No. 99- 13, Added, 07/ 13/ 99)

Section 2. 18. 045 Conduct of Members

Outside of commission, board or committee meetings, members shall act only within the

express authority delegated by the City Council and with prior authorization of the staff liaison. All marketing/ promotional materials and media contact must be approved by, and in coordination with, the staff liaison. Members may not claim to represent the commission, board or committee outside of meetings or activities of the commission, board or committees. Under no circumstance shall members participate in political activities while representing the commission, board or committee; this includes, but is not limited, using the title " Commissioner", Board Member", or " Committee Member" when supporting or opposing political issues. Use of titles is limited to those activities and communications dealing solely with commission, board or committee business. Ord. No. 2019- 6, Added, 02/ 26/ 19)

Section 2. 18. 050 Conflict of Interest Code Requirements

The provisions of Chapter 2. 32 of the Vista Municipal Code, pertaining to the Conflict of

Interest Code, shall apply to all members appointed to all City commissions, boards, and committees, subject to any exceptions permitted under the official regulations of the Fair Political Practices Commission for an " ad hoc" commission, board or committee, the powers and authorities of which are strictly advisory. Ord. No. 99- 13, Added, 07/ 13/ 99)

Section 2. 18. 060 Qualifications for Appointment

A. General Qualifications. Except as provided herein below, no person shall be appointed to any commission, board or committee of the City, unless that person is deemed qualified pursuant to the requirements of this section. A person is qualified for appointment to any commission, board or committee of the City if, at the time of appointment, the person satisfies all of the following conditions: 1. The person is a bona fide resident of the City of Vista, 2. The person is at least 18 years of age, and 3. The person is not employed by the City of Vista.

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B. Exceptions. The following exceptions to the general qualifications for

appointments under Subdivision A, above, shall be permitted: 1. Waiver of the Residency Requirement. a. Whenever the City Council finds it in the best interests of the City, the City Council may, by a vote of a three- fifths majority of the City Council taken in open public meeting and made a part of the record of proceedings, waive the residency qualification for the appointment of any individual to any commission, board or committee. b. Whenever the City Council has designated a seat for an outside agency representative or business representative, the City Council may, by a three- fifths majority vote of the City Council at an open public meeting and made a part of the record of the proceedings, waive the residency qualification for the appointment of any commission, board or committee, provided that: i. The person is a bona fide representative of the respective

outside organization; or ii. The person has a business located in the City of Vista. 2. Waiver of the Minimum Age Requirement. Whenever the City Council provides for the establishment of a youth advisory commission, or for the appointment of a youth representative to another City commission, board or committee, the City Council may, by a three-fifths majority vote of the City Council at an open public meeting and made a part of the record of the proceedings, waive the minimum age requirement for the appointment of any member of such youth commission, or any youth representative to any other City commission, board or committee, provided that, at the time of appointment the person for whom the minimum age requirement is waived meets the following additional requirements: a. The person is a registered student, including a student enrolled in a home- school program, who is attending any public or licensed private school, whether located within or without the boundaries of the City of Vista. b. The person has successfully completed the eighth grade, or its equivalent. C. Additional Qualifications. In order to accomplish the intended purposes of a City commission, board or committee, the City Council may establish additional qualifications for appointment of any members to a commission, board or committee. Such additional qualifications for appointment shall be set forth in the ordinance or resolution establishing the commission, board or committee. The City Clerk shall maintain a register of additional qualifications, if any, for appointment of members to each City commission, board or committee. Ord. No. 99- 13, Added, 07/ 13/ 99; Ord. No. 2001- 1, Amended, 02/ 23/ 01; Ord. No. 2006- 2, Amended, 01/ 24/ 06; Ord. No. 2013- 8, Amended 6/ 11/ 13; Ord. No. 2019- 6, Amended, 02/ 26/ 19)

Section 2. 18. 070 Procedures for Application and Appointment of Members

The City Council by resolution shall establish appropriate policies and procedures for receiving and processing the application of any person who desires to be considered for commission, board or committee. The policies and proceduresappointment to any City established shall be designed to: ( 1) encourage and promote broad- based by the City Council citizen participation in the affairs of the City; ( 2) establish the eligibility and qualifications of candidates for appointment to the various City commissions, boards and committees; and ( 3) assist the Mayor and City Council in considering, making and approving appointments of those eligible candidates who are best qualified to serve on the City' s commissions, boards and committees. The policies and procedures shall identify and comply with all applicable laws pertaining to publication of notices, recruitment, and selection of candidates. Ord. No. 99- 13, Added, 07/ 13/ 99)

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Section 2. 18. 080 Standard Terms for Appointment of Members; Termination Dates; Unexpired Terms; and Continuation until Successor is Appointed

A. Standard Term of Appointment. Unless the ordinance or resolution establishing

the City commission, board or committee provides otherwise, or as provided by this section, every member appointed to a City commission, board or committee shall be appointed for a four- year term of office. Unless the ordinance or resolution establishing the City commission, board or committee provides otherwise, or as provided by this section, every youth member appointed to a City commission, board or committee shall be appointed for a one-year term of office. B. Standard Termination Date. Notwithstanding any other provision of this code to the contrary, there shall be a uniform date of termination for all appointments to any City commission, board and committee. The date of termination for all appointments shall be March 31 of the year in which the term expires. C. Staggering of Terms. To the extent possible, the terms of all members of any standing City commission, board or committee shall be evenly staggered in each year so that the number of members of the standing body whose terms expire in any single year is less than a quorum of the members of that commission, board or committee. In the event it becomes necessary to shorten any terms in order to establish or maintain a pattern of staggered terms, those members of the commission, board or committee shall determine the order of expiration

random selection.of term for each member by The City Clerk shall cause the random selection

to occur and shall promptly notify each member. D. Unexpired Terms. In order to maintain a system of uniform termination dates and staggering of terms, it is necessary that persons appointed to vacated seats on any standing City commission, board or committee shall be appointed to fill only the unexpired term of the person previously appointed, and may be considered for re- appointment when the unexpired term has expired. The City Clerk shall establish and maintain a record of the term and expiration date for each member of each City commission, board or committee. E. Succession. Upon the expiration of any appointment, in the event a successor to that appointment has not been named, the person then holding the appointment shall have the right to continue in that appointment as a member of the commission, board or committee until a successor has been appointed. Ord. No. 1999- 13, Added, 07/ 13/ 99; Ord. No. 2013- 8, Amended 6/ 11/ 13; Ord. No. 2017- 18, Amended 11/ 14/ 17)

Section 2. 18. 090 Organization of City Commissions, Boards and Committees; Rules of Procedure

A. Quorum. Fifty-one percent of members shall constitute a quorum for the

transaction of business. B. Rules of Procedure. Every standing City commission, board or committee shall adopt and maintain Rules of Procedure concerning the conduct of business, which shall conform to all applicable laws, regulations and ordinances. The Rules of Procedure shall serve the same function as by- laws. One copy of the Rules of Procedure shall be forwarded to the and one copy shall be brought to every meeting of the commission, board orCity Clerk committee by the Secretary. Ord. No. 99- 13, Added, 07/ 13/ 99; Ord. No. 2013- 8, Amended 6/ 11/ 13)

Section 2. 18. 095 Order and Decorum

A. Presiding Officer. While the commission, board, or committee is in session, the

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presiding officer at all times shall maintain order and decorum at the meeting. B. Commission, Board, and Committee Members. Members of the commission, board, or committee shall avoid disruption or unreasonable delay of the proceedings, and shall not interrupt or disturb any other Member of the commission, board, or committee who has the floor, but shall wait to be recognized by the presiding officer. Members of the commission, board, or committee shall conform to the orders of the presiding officer unless, by majority vote upon a motion and second, such orders are overruled by the commission, board, or committee. C. Members of the Public. Every member of the public attending a meeting of a commission, committee, or board shall observe and conform to the following rules of conduct: 1. No person shall seek or attempt to disrupt a meeting by making any statement against the reputation, character or motive of any person. 2. No person shall seek or attempt to disrupt a meeting by making any statement that is intended to inflame passion or anger, or is purely of a personal nature, or is defamatory, slanderous, impertinent, or profane. 3. No person shall make any noise, whistle, shout, sing, applaud, or disparage any speaker, or commit other acts, with the intent of disrupting, disturbing, or delaying the proceedings. 4. No person shall bring into the place where the commission, board, or committee is meeting any knife, gun, chain, rope, rock, stick, pole, board, or other material that is capable of causing harm or injury to persons, including any such materials used to support or to display any sign, placard or symbol. 5. No person shall address the commission, board, or committee until having been recognized by the presiding officer. 6. Every person addressing the commission, board, or committee on a matter appearing on the agenda shall avoid making repetitious or irrelevant statements to the issue being discussed. 7. Every person addressing the commission, board, or committee under Opportunities for Public Comment ( Oral Communications) on matters not appearing on the agenda shall avoid making statements concerning issues that are not within the subject matter jurisdiction of the commission, board, or committee. 8. A person having been ruled out of order by the presiding officer shall immediately conform to the orders of the presiding officer. Any person who refuses when ordered to conform to the rules of conduct is subject to being removed from the place of the meeting of the commission, board, or committee by order of the presiding officer. D. Prohibited Conduct. No person shall intentionally disrupt, disturb or interfere with the proceedings of a meeting. A person shall be deemed to have intentionally disrupted, disturbed or interfered with the proceedings of a meeting of the commission, board, or committee if the person refuses or does not come to order, after having been ruled out of order officer. A violation of this Subsection D is a misdemeanor which shall beby the presiding punishable by a fine not to exceed $ 1, 000, imprisonment in the county jail for up to six months, or both. Ord. No. 2019- 6, Added, 02/ 26/ 19)

Section 2. 18. 100 City Manager Shall Determine Staff Assistance Required

Notwithstanding any other provision in any ordinance or resolution to the contrary, and

following consultation with the Chairperson of the City commission, board or committee, the City Manager shall determine the amount and level of City staff assistance and services required to be provided to each commission, board or committee in order to accomplish its purposes. The shall appoint individual staff members to assist each commission, board orCity Manager committee, to the extent the City Council has provided appropriations for the purpose. When

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designated by the City Manager, the staff member so designated shall serve as the Secretary to the commission, board or committee. The City Manager shall include recommendations for the level of staff assistance required, and for other expenses to be incurred by a commission, board or committee, in the recommended budget presented to the City Council. Ord. No. 99- 13, Added, 07/ 13/ 99)

Section 2. 18. 110 Compensation, Reimbursement of Expenses

Members of City commissions, boards or committees shall serve without compensation,

unless express provision is made for such compensation by the City Council. Notwithstanding the preceding prohibition, and subject to prior authorization from the commission, board or committee or the City Manager, all members of a City commission, board or committee shall be entitled to reimbursement for actual costs and out- of- pocket expenses incurred by the member in carrying out the duties and responsibilities of office and to the extent that funds for such reimbursements are appropriated for the purpose by the City Council. Ord. No. 99- 13, Added, 07/ 13/ 99)

Section 2. 18. 120 Removal of Members; Abandonment of Office

A. Removal by the City Council. All members of City commissions, boards and committees are appointed officers of the City and shall hold office at the pleasure of the City Council. Any member who has been appointed to a City commission, board or committee may be removed from that office either with or without cause upon three- fifths vote of the City Council. In making a decision to remove a member of a City commission, board, or committee, the City Council shall take care not to infringe upon or violate any constitutionally protected right of the member. B. Abandonment of Office. Whenever any member of a City commission, board or committee, without having given prior written notice or reason to the City Clerk or to the designated Secretary of the commission, board or committee, fails to attend three successive meetings of the commission, board or committee, or fails to attend more than 50% of the regularly scheduled meetings of the board, commission or committee held in any consecutive 12 month period, the member shall be deemed to have abandoned his or her office, and the

vacant.City Clerk shall declare the office The City Clerk shall send a written notice of such

abandonment and vacation of office to the member deemed to have abandoned the office, with copies to the Chairperson of the commission, board or committee and to the City Council. Within ten calendar days of the written notice being sent to the member, the member may appeal the abandonment in writing to the City Council, stating the reasons and causes why the office shall not be deemed abandoned, and the City Council shall determine whether or not to reinstate the member. In making such decision, the City Council shall request a report on the member' s participation from the staff liaison or secretary of the commission, board or committee. Ord. No. 99- 13, Added, 07/ 13/ 99; Ord. No. 2019- 6, Amended, 02/ 26/ 19)

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Chapter 2.20

City Manager