HomeMy WebLinkAboutOrd 2019-3452ORDINANCE NO. 3452
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 2.52 TO ADJUST THE CAMPAIGN
CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR
AFTER JANUARY 1, 2020
WHEREAS, Chula Vista Municipal Code section 2.52.040 (D) requires the City Clerk to
adjust the campaign contribution limits every odd-numbered year 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 year, and requires these adjustments to be rounded to the nearest $10; and
WHEREAS, the Consumer Price Index for the San Diego area for the periods ending
December 2016 and December 2018 were 274.732 and 292.547, respectively, demonstrating an
increase of 6.48 percent; and
WHEREAS, the contribution limit for individuals, other than a candidate, was previously
set at $330 by Chula Vista Municipal Code section 2.52.040 (A), and the contribution limit for
political party committees was previously set at $1,120 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, the City Clerk adjusted the contribution limit to $3 50 for
individuals and $1,190 for political party committees; and
WHEREAS, the City Clerk will publish the Notice of Campaign Contribution Limit
Adjustment in the Star News, and will have 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. The following sections in Chula Vista Municipal Code chapter 2.52 are
hereby amended 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 $350 to a
candidate for a single election contest. No candidate shall solicit or accept a contribution in
excess of $350 from a person for a single election contest. A candidate may receive up to $3 50
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.
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B. No political party committee, as that term is defined in California Government Code
Section 85205, shall make a contribution in excess of $1,190 to a candidate for a single election
contest. No candidate shall solicit or accept a contribution in excess of $1,190 from a political
party committee for a single election contest. A candidate may receive up to $1,190 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.
[Sections 2.52.040 C through I remain unchanged]
2.52.050 Loans.
A. A candidate shall not personally loan to his or her campaign funds, with the intent to
receive repayment of those funds, an aggregate amount in excess of $5,000 for a single election
contest.
B. A loan or extension of credit shall be considered a contribution from the maker of the
loan or extender of credit and shall be subject to the contribution limit of $350 per person,
pursuant to CVMC 2.52.040. The $350 contribution limit does not apply to loans made to a
candidate for the purpose of a campaign by himself or herself or by a commercial lending
institution in the lender’s regular course of business on terms available to members of the general
public for which the candidate is personally liable.
2.52.100 Written solicitations by candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
City elective office shall include the following written notice in no less than six point type on
each such solicitation:
NOTICE
The City of Chula Vista Municipal Code limits contributions to campaigns for City
elective office to three hundred fifty dollars per person.*
*The dollar amount to be included in this notice shall be amended biannually to reflect any CPI
adjustment to the contribution limit made pursuant to CVMC 2.52.040(D).
Section II. 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 declared invalid, unenforceable or unconstitutional.
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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.
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Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of February 2019, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3452 had its first reading at a regular meeting held on the 19th day of February
2019 and its second reading and adoption at a regular meeting of said City Council held on the
26th day of February 2019; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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2/28/2019