The URL can be used to link to this page

Home My WebLink About2013/08/13 Item 12CITY COUNCIL ~, AGENDA STATEMENT ,< „~;~ CITY OF CHULA VISTA AUGUST li.20L3 Item ~2 ITEi\I TITLE: ORDINANCE OF THE CITY OF CHULA VISTA A1VIE\'DI\'G CHULA VISTA MLT\'ICIPAL CODE SECTIO\' 2.52.040 (B) TO ADJUST THE CAA'IPAIGN' CONTRIBUTION' LII`4IT FOR POLITICAL PARTY COA~IITTEES TO 51.050.00 FOR ANI' ELECTION HELD ON OR AFTER JAi\'i JARY 1.2014 SUB~7ITTED BI': DON'N'A N'ORRIS; CITY CLERK ~~ AhTHS VOTE: PES ~ NO SU1~L~IAR1' As required by Chula Vista A4unicipal Code section 2.52.0}0 (D), the City Clerk has adjusted the campaign contribution limit for political pam= committees for any election occumng after January 1; 2014. Adoption of the ordinance amends the Municipal Code to reflect the adjusted limit. E\1'IR01~~IENTAL REVIER' The Development Serv=ices Director has rep=ie~~=ed the proposed activity for compliance «=ith the California Environmental Quality Act (CEQA) and has determined that the activit}= is not a "Project' as defined under Section 15378 of the State CEQA Guidelines because it does not invok=e physical changes to the enbironment; therefore; pursuant to Section 15060(c)(3) ofthe State CEQA Guidelines; the activity is not subject to CEQA. Thus; no environmental review= is necessary. RECONII~IENDATION Council place the ordinance on first reading. BOARDS/COAZ!12ISSION RECOi1IAIENDATION N'ot Applicable. DISCUSSION Chula Vista Municipal Code section 2.52.040 (D) requires the Cin= Clerk to adjust the campaign contribution limit even= odd-numbered year to reflect any changes in the Consumer Price Index for the San Diego azea for the ttio-~=eaz period ending on 12-1 AUGUST 13, 2013, Item (Z Paae 2 of 2 December 31st of the previous year, and requires these adjustments to be rounded to the nearest $10.00. The City Council adopted Ordinance I~'o. 3262 on April 16; 2013, which amended section 2.25.040 (A) to adjust the campaign contribution for persons. The proposed ordinance amends section 2.25.040 (B) to adjust the campaign contribution for political party committees. The Consumer Price Index for the San Diego area for the periods ending December 2010 and December 2012 were 246.464 and 256.961, respectively, demonstrating an increase of 4.68 percent. The contribution limit for political party committees was previously set at $1,000.00 by Chula Vista Municipal Code section 2.52.040 (B). Applying the percentage of change of the Consumer Price Index and rounding to the nearest $10:00; the City Clerk adjusted the contribution limit to $1,050.00. 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 Count}' 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 consequentl}+ the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IDIPACT Adoption of the proposed ordinance has no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS Attachment 1: Proposed Amendment to Chula Vista Municipal Code section 2.52.040 (B) Also Attached: Proposed Ordinance amending Chula Vista Municipal Code section 252.040 (B) Prepared b~+: Kerry Bigelow, Assrstam Cin+Clerk 12-2 :arraCl~~~~r 1 2.2.040 Campaign contribution limits. B. No political party committee_ as that term is defined in California Government Code Section 8~20~. shall make a contribution in excess of ~~-8A0-1.00.00 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of ~~- 80A1.0~0.00 from a political pam~ committee for a single election contest..4 candidate may receive up to 5-1-8AA1.0~0.00 from a political party committee 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. 12-3 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA A7UI~'ICIPAL CODE SECTION 2.52.040 (B) TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR POLITICAL PARTY COMMITTEES TO $1,050.00 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 limits for persons and political party committees 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 3151 of the previous year, and requires these adjustments to be rounded to the nearest $10.00; and WHEREAS,. the City Council adopted .Ordinance No. 3262 on April 16, 2013, which amended section 2.25.040 (A) to adjust the campaign contribution for persons; and WHEREAS; Chula Vista Municipal Code section 2.52.040 (B) requires the campaign contribution limit. for political party committees to be adjusted pursuant to Chula Vista Municipal Code section 2.52.040 (D); 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 y WHEREAS, the contribution limit for political party committees was previously set at $1,000 by Chula Vista Municipal Code section 2.52.040 (B); and WHEREAS, based on applying the percentage of change in the Consumer Price Index and rounding to the nearest $10.00, the City Clerk adjusted the contribution limit to $1;050.00; and WHEREAS, 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. NOy4'; THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code section 2.52.040 (B) is hereby amended to adjust the Campaign Contribution limit for political party committees to $1,050.00 for any election held on or after Januar}' 1; 2014, and shall read as follows: 2.52.040 Campaign contribution limits. B. No political party committee, as that term is defined in California Government Code Section 85205, shall make a contribution in excess of $1;050.00 to a candidate for a single J:\Attorney\FINAL RESOS AT`'D ORDINANCES\2013\OS 06 13\Ordinance - 2014 Campaign Contribution Limit Committees.doc 8/2/2013 7:41 AM 12-4 Ordinance Paee 2 election contest. No candidate shall solicit or accept a contribution in excess of 51;00.00 from a political party committee for a sinele election contest. A candidate may receive up to 51,00.00 from a political park' committee 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. Section II. SeverabiGh' If any portion of this Ordinance; or its application to an~~ person or circumstance; is for any reason held to be invalid; unenforceable or unconstitutional; by a coup of competent jurisdiction; that portion shall be deemed severable, and such invalidity, unenforceability or unconstirutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance; or its application to anv 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 Cit}' 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 lieht of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day afrer 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: Donna R. Noms City Clerk 1:Waomev\FINAL RESOS AND ORDINANCES~013\OS 06 13\Ordinance - 2014 Campaien Convibution Limit Committees.doc S/2/2013 7:41 AM 12-5