HomeMy WebLinkAboutOrd 2021-3506ORDINANCE NO. 3506
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 2.52, “CAMPAIGN CONTRIBUTIONS,” TO
ACCOUNT FOR POSSIBLE REASSIGNMENT OF CITY
COUNCIL DISTRICTS AFTER FUNDRAISING HAS BEGUN
AS A RESULT OF REDISTRICTING
WHEREAS, under Chula Vista Municipal Code (CVMC) section 2.52.040.E Chula Vista
candidates can begin accepting campaign contributions eleven (11) months prior to scheduled
election (e.g. July 2021 for the June 2022 election); and
WHEREAS, with the distribution of 2020 Census information delayed until late
September/early October 2021, City Council District boundary lines aren’t likely to be finalized
until December 2021 at the earliest; and
WHEREAS, as a result, Candidates for City Council Districts 1 and 2 won’t know for
certain which District they will be eligible to run for until at least December 2021; and
WHEREAS, in future years, a similar circumstance may arise in which redistricting is
completed within 11 months of a scheduled election; and
WHEREAS, this circumstance is not currently addressed by the City’s existing Campaign
Contribution Ordinance which could create uncertainties and inequities in the campaign process
to the detriment of candidates who might be reassigned to a City Council District other than the
District they had initially declared and for which they had raised money; and
WHEREAS, to address potential adverse impacts on Council candidates and campaign
donors caused by the delays in redistricting in a timely manner it is necessary to amend the City’s
Campaign Contribution Ordinance (CVMC 2.52) effective immediately.
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 to read as follows:
2.52.030 Definitions.
F. “City elective office” means the offices held by the Mayor, members of the City
Council, or the City Attorney. The “same City elective office,” as that term is used in this chapter,
means the specific seat held by the Mayor, as defined by Charter Section 300(c); the specific seat
held by the City Attorney; or, in the case of a City Council member, the specific City Council
District seat numbered 1, 2, 3, or 4 held by the City Council member, or the numbered seat to
which that City Council member or candidate for such office is reassigned as a result of
redistricting. For example, if, during the redistricting process, the district lines are redrawn such
DocuSign Envelope ID: 42C4F357-63C8-466A-903B-0BE19F6DCD19
Ordinance No. 3506
Page No. 2
that the residence of the City Council member representing and running for District 1 or a candidate
running for District 1 becomes located within District 2, 3 or 4, the member’s or candidate’s
District 1 seat, as the case may be, would be considered, for purposes of this Chapter, the “same
City elective office” as the District 2, 3 or 4 seat so re-assigned.
[Sections 2.52.030 A through E, and G through N remain unchanged]
2.52.040 Campaign Contribution Limits.
H. A candidate may carry over contributions raised in connection with one election for
City elective office to pay campaign expenditures incurred in connection with a subsequent
election for the same City elective office. If, as a result of redistricting, a candidate’s residence is
assigned to a different district, the candidate may carryover contributions raised prior to City
Council approval of the new district map to pay expenditures in connection with campaigning for
election to the newly assigned district seat; provided, however, if the election for the newly-
assigned district seat will be held at the subsequent election cycle, the candidate choosing to carry
over contributions raised to fund campaign activities for such subsequent election must discontinue
any and all fund-raising activities immediately upon City Council approval of the new district map
creating re-assignment until fund raising for such subsequent election contest is authorized as
provided in subsection E., above.
[Sections 2.52.040 A through G, and I remain unchanged]
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 campaign for City
elective office to three hundred sixty dollars per person*
During any campaign cycle where redistricting is pending City Council candidate materials
soliciting campaign funds shall also contain the following statement:
City campaign rules allow this candidate to transfer funds to a different Council
district election contest, or carry over funds to a future Council election contest, in
the event redistricting results in the re-assignment of such candidate to a different
Council District seat.
*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 herby
DocuSign Envelope ID: 42C4F357-63C8-466A-903B-0BE19F6DCD19
Ordinance No. 3506
Page No. 3
declares that it would have adopted each section, sentence, clause or phrase of this Ordinance,
irrespective of the fact that any one of more other sections, sentences, clauses or phrases of the
Ordinance be declared 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.
Based on the facts and circumstances set forth above, it is necessary to enact this Ordinance
effective immediately as an emergency measure, within the meaning of City Charter Section
311(d), in order to preserve the public peace, health, safety, and general welfare. Accordingly,
this Ordinance shall be immediately effective upon passage by a four-fifths vote of the City
Council.
In the alternative, this Ordinance shall also take effect on the thirtieth day after its second
reading and adoption.
In the event of conflict of effective dates, this Ordinance shall be effective upon the earliest
lawful effective date.
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.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: 42C4F357-63C8-466A-903B-0BE19F6DCD19
Ordinance No. 3506
Page No. 4
Presented by Approved as to form by
Glen R. Googins Glen R. Googins
City Attorney City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of July 2021, by the following vote:
AYES: Councilmembers: Cardenas, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: McCann and Galvez
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. 3506 had its first reading at a regular meeting held on the 15th day of June 2021,
and its second reading and adoption at a regular meeting of said City Council held on the 13th day
of July 2021; 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
DocuSign Envelope ID: 42C4F357-63C8-466A-903B-0BE19F6DCD19
7/20/2021