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Home My WebLink About2013/03/26 Item 05CITY COUNCIL AGENDA STATEMENT ~- , ~ \~tl/ CITY OF "~" CHULA VISTA MARCH 26, 2013 Item S ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.52.040 (A) TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT TO $310.00 FOR ANY ELECTION HELD ON OR AFTER JANUARY SUBMITTED BY: DONNA NORRIS, CITY CLERK 4/STHS VOTE: YES ~ NO SUMMARY As required by Chula Vista Municipal Code section 2.52.040 (D), the City Clerk has adjusted the campaign contribution limit for any election occurring after January 1, 2014. Adoption of the ordinance amends the Municipal Code to reflect the adjusted limit. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve physical changes to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council place the ordinance on first reading. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Chula Vista Municipal Code section 2.52.040 (D) requires the City Clerk to adjust the campaign contribution limit every odd-numbered yeaz to reflect any changes in the Consumer Price Index for the San Diego area for the two-year period ending on December 31st of the previous yeaz, and requires these adjustments to be rounded to the nearest $10.00. 5-1 MARCH 26, 2013, Item ~ Page 2 of 2 The Consumer Price Index for the San Diego area for the periods ending December 2010 and December 2012 were 245.464 and 256.961, respectively, demonstrating an increase of 4.68 percent. The contribution limit was previously set at $300.00 by Chula Vista Municipal Code section 2.52.040 (A). Applying the percentage of change of the Consumer Price Index and rounding to the nearest $10, the City Clerk adjusted the contribution limit to $310.00. The City Clerk has published the Notice of Campaign Contribution Limit Adjustment in the Star News as required by Chula Vista Municipal Code section 2.52.040 (D). Additionally, the federal Voting Rights Act together with an agreement between the U.S. Department of Justice and the San Diego County Registrar of Voters requires translation of all election-related materials and notices into covered languages predominantly spoken by 10,000 voters or more in the County. Therefore, the City Clerk has caused the notice to be translated into Chinese, Filipino, Spanish, and Vietnamese and published in language-specific newspapers. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT Adoption of the proposed ordinance has no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS Attachment A: Proposed Amendment to Chula Vista Municipal Code section 2.52.040 (A) Also Attached: Proposed Ordinance amending Chula Vista Municipal Code section 2.52.040 (A) Prepared by: Donna Norris, Ciry Clerk 5-2 ATTACHMENTI 2.52.040 Campaign contribution limits. A. No person, other than a candidate, shall make a contribution in excess of $~89~8310.00 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $~98-89310.00 from a person for a single election contest. A candidate may receive up to $~89-98310.00 from a person in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. 5-3 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.52.040 (A) TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT TO $310.00 FOR ANY ELECTION HELD ON OR AFTER JANUARY 1, 2014 WHEREAS, Chula Vista Municipal Code section 2.52.040 (D) requires the City Clerk to adjust the campaign contribution limit every odd-numbered yeaz to reflect any changes in the Consumer Price Index for the San Diego azea for the two-yeaz period ending on December 3150 of the previous year, and requires these adjustments to be rounded to the nearest $10.00; and WHEREAS, the Consumer Price Index for the San Diego area for the periods ending December 2010 and December 2012 were 245.464 and 256.961, respectively, demonstrating an increase of 4.68 percent; and WHEREAS, the contribution limit was previously set at $300.00 by Chula Vista Municipal Code section 2.52.040 (A); and WHEREAS, based on applying the percentage of change in the Consumer Price Index and rounding to the neazest $10, the City Clerk adjusted the contribution limit to $310.00; and WHEARAS, the City Clerk published the Notice of Campaign Contribution Limit Adjustment in the Star News, and had the notice translated into Chinese, Filipino, Spanish, and Vietnamese and published in covered language-specific newspapers as required by the Federal Voting Rights Act. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code section 2.52.040 (A) is hereby amended to adjust the Campaign Contribution limit to $310.00 for any election held on or after January 1, 2014, and shall read as follows: 2.52.040 Campaign contribution limits. A. No person, other than a candidate, shall make a contribution in excess of $310.00 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $310.00 from a person for a single election contest. A candidate may receive up to $310.00 from a person in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. 5-4 Ordinance Page 2 Section R. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: -_~ Approved as to ft Donna R. Norris ~ Gler City Clerk ~ ,~v City 5-5