HomeMy WebLinkAboutAgenda Packet 2004/02/17
February 17, 2004
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CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATHS OF OFFICE:
Cynthia Drake - Design Review Committee
Min-Jeong Go - Youth Advisory Commission
· PRESENTATION BY FINANCE DIRECTOR KACHADOORlAN OF THE
NATIONAL PURCHASING INSTITUTE'S ACHIEVEMENT OF EXCELLENCE IN
PROCUREMENT AWARD TO PURCHASING AGENT COGGINS AND THE
PURCHASING DIVISION STAFF
· INTRODUCTION BY COUNCILMEMBER RINDONE OF DENNIS DOYLE, PH.D.,
ASSISTANT SUPERINTENDENT, CHULA VISTA ELEMENTARY SCHOOL
DISTRICT, TO PRESENT A VIDEO ON THE CHULA VISTA ANTI-BULLYING
SEGMENT FROM THE CBS EVENING NEWS - EYE ON AMERICA WITH DAN
RATHER
· PRESENTATION OF A PROCLAMATION TO MARK REDPATH WITH ATHLETES
HELPING ATHLETES, RECOGNIZING THE ATHLETES HELPING ATHLETES
ORGANIZATION FOR THEIR ONGOING SUPPORT, CONTRIBUTIONS, AND
DONATIONS TO THE CITY'S THERAPEUTICS PROGRAM
CONSENT CALENDAR
(Items I through 8)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
I. WRITTEN COMMUNICATIONS
· Memorandum from Human Resources Director Raskin reporting the verbal
resignation ofWilIiam (BiII) Veal, member of the Civil Service Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy immediately in accordance with Maddy Act requirements.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECREASING THE EXISTING SPEED LIMIT ON E STREET, BETWEEN BAY
BOULEVARD AND EAST FLOWER STREETIBONITA ROAD, FROM 35 MPH TO
30 MPH (SECOND READING)
Current posted speed limits vary trom 30 to 35 mph along E Street between Bay
Boulevard and East Flower StreetIBonita Road. Results of two recent Engineering and
Traffic surveys reveal that traffic speeds along the corridor currently exceed
recommended thresholds for the existing physical and land use conditions. This
ordinance was introduced on February 10, 2004. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 50-MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN
LA MEDIA ROAD AND HUNTE P ARKW A Y (SECOND READING)
On October 22, 2003, staff completed an Engineering and Traffic Survey for the recently
constructed segment of Olympic Parkway between La Media Road and Hunte Parkway.
Results of the survey indicate that the maximum speed limit along this segment of the
corridor should be established at 50 mph. This ordinance was introduced on February 10,
2004. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE DESIGN OF THE RIGHT-OF-WAY IMPROVEMENTS
ASSOCIATED WITH THE NEW POLICE FACILITY
The design of the right-of-way improvements associated with the Police Facility on F
Street, between Garrett Street and Third Avenue, are proposed to be modified to maintain
a parking lane on westbound F Street only. The plan for two driving lanes on eastbound
F Street will not be modified. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL
INSTALLATION AT FIRST AVENUE AND PALOMAR STREET (PROJECT TF-
302) TO DBX INCORPORATED IN THE AMOUNT OF $137,550
On January 14, 2004, the Director of General Services received bids from six electrical
contractors for this project. The scope of the project includes the installation of a fully-
actuated traffic signal system and other work necessary to complete the project. (Director
of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda February 17, 2004
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A BUDGET TRANSFER FROM THE CIVIC CENTER HV AC
EQUIPMENT UPGRADES CAPITAL IMPROVEMENT PROJECT (GGl66) TO THE
CORPORATION YARD CAPITAL IMPROVEMENT PROJECT (GGl3l) FOR
PAYMENT TO ALLSUP CORPORATION (4/5THS VOTE REQUIRED)
The City's budget transfer policy calls for the Council's approval for transfers more than
$15,000 between project budgets. The Council previously authorized a litigation
settlement with Allsup Corporation, a subcontractor on the Corporation Yard project, in
the amount of $28,000. This transfer will provide sufficient funds in the Corporation
Yard project budget to cover this expense. (Director of General Services)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 BUDGET TO ADD ONE FULL TIME
EQUIVALENT DEPUTY CITY ATTORNEY III, AND APPROPRIATING THE
FUNDS FOR THE POSITION (4/5THS VOTE REQUIRED)
Since the implementation of the in-house litigation program, the City has been engaged in
extensive development and redevelopment, placing increased demands on both the
litigation and advisory resources of the City Attorney's staff. It is expected that demands
on these resources will increase as the City continues to grow and an increase in the staff
level of the City Attorney's office is recommended to meet these demands. (City
Attorney)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $250,000 FROM THE GENERAL FUND BALANCE TO THE
CITY ATTORNEY'S SUPPLIES AND SERVICES BUDGET, TRANSFERRING
$35,000 FROM THE CITY ATTORNEY'S PERSONNEL SERVICES BUDGET TO
SUPPLIES AND SERVICES, AND APPROPRIATING $985,000 FROM THE
GENERAL FUND BALANCE TO THE HUMAN RESOURCES DEPARTMENT'S
OTHER EXPENSES BUDGET (4/5THS VOTE REQUIRED)
During Fiscal Year 2003/2004, the City Attorney's Office and Human Resources
Department have been involved in the defense and prosecution of an unusually high
number of very complex lawsuits and pre-litigation matters. Because of the increase in
outside counsel and expert witness costs associated with these cases, the City Attorney's
office and Human Resources Department are asking for an appropriation of funds. In
addition, the City Attorney's office is requesting a transfer of funds fÌom salary savings
in its Personnel Services budget to Supplies and Services to pay for temporary staffing
costs. (City Attorney)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda February J 7, 2004
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING STAFF TO
PROCEED WITH AN UPDATE OF THE 2003 SEWER SERVICE RATE STUDY
On July 1, 2003, the City's new sewer service rate structure went into effect. At the City
Council meeting held on October 7, 2003, Council directed staff to re-examine the rate
structure and verify that it was properly implemented, and that residents' bills were
consistent with what Council approved last year. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING STAFF TO PROCEED WITH AN UPDATE OF THE 2003
SEWER SERVICE RATE STUDY
10. CONSIDERATION OF ADOPTION OF ORDINANCES AMENDING CHULA VISTA
MUNICIPAL CODE SECTIONS 2.52 AND 2.56.11O(F), RELATING TO CAMPAIGN
FINANCE REFORM
The Campaign Contribution Ordinance Committee (CCO) presented a draft campaign
contribution ordinance to the Council at the February 3, 2004 meeting. At that time, the
Council identified a number of issues with the draft ordinance, and requested the CCO
meet again to review those issues. The CCO met on February 9, 2004, and the proposed
ordinance reflects modifications designed to address the issues raised. (City Attorney)
Staff recommendation: Council place the following ordinances on first reading:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.52 OF TITLE 2 OF THE CHULA VISTA
MUNICIPAL CODE REGARDING CAMPAIGN FINANCE REFORM
Page 4 - Council Agenda February 17,2004
----.
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.56.110(F) DELEGATING TO THE CITY
ATTORNEY ADDITIONAL AUTHORITY IN ENTERING INTO
AGREEMENTS FOR THE RETENTION OF SPECIAL COUNSEL TO
ENFORCE SECTION 2.52 OF THE CHULA VISTA MUNICIPAL CODE
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
13. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Grippi v. City ofChula Vista (SDSC No. GIC 801393)
B. Teo v. City ofChula Vista (SDSC No. GIC 811485)
C. City ofChula Vista v. SANDPIPA
15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Chula Vista Cable Franchise (pertaining to public rights-of-way
throughout the City ofChula Vista)
Agency negotiators: David Rowlands, Jr., Michael Meacham, Glen Googins
Negotiating Parties: City ofChula Vista and Chula Vista Cable (Marty Altbaum)
Under Negotiation: Price and Terms of Franchise Extension/Conveyance
Page 5 - Council Agenda February 17, 2004
16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of ftanchise conveyance
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
ADJOURNMENT to the Regular Meeting of February 24,2004, at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda February 17,2004
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INTEROFFICE MEMORANDUM
Date:
February 3, 2004
To:
Susan Bigelow, City Clerk
Via:
Donna Norris, Deputy City Clerk
Maria Kachadoorian, Director ofFinance/Treasu~
From:
Subject:
Achievement of Excellence in Procurement Award
I would like to give the Mayor the opportunity to recognize the Purchasing Agent and the
Purchasing Division at the Council meeting of February 17, 2004 by presenting a national
award recently received.
The National Purchasing Institute administers a program designed to recognize the
achievement of organizational excellence in public procurement. In addition to the
National Purchasing Institute, the achievement program is also sponsored by the Institute
for Supply Management and the California Association of Public Purchasing Officers.
The award is achieved by only those organizations that demonstrate excellence in
procurement by obtaining a qualifying score against standardized rating criteria designed
to measure innovation, professionalism, productivity, and leadership attributes.
Chula Vista was one of only ten cities in California and thirty-eight nationwide to receive
this award for the fiscal year ending June 30, 2003. Obviously, I am extremely proud of
this achievement and welcome the opportunity to share my pride with the Council and the
citizens we serve.
c: Mayor and Council
City Manager
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CIlY OF
CHUIA VISTA
Human Resources Department
Interoffice Memorandum
DATE: February 11,2004
TO: Susan Bigelow, City Clerk
FROM: Marcia Raskin, Director of Human Resources
SUBJECT: Resignation of Civil Service Commissioner - Mr. Bill Veal
Commissioner Bill Veal has resigned his position on the Civil Service Commission
effective today. Mr. Veal recently retired and has already moved his family to the
Spokane, Washington area.
Unfortunately, in his excitement to head up to the Washington state area, Mr. Veal
never provided a written notice of his resignation, but he did tell the full Commission at
our last monthly meeting in January and repeated it at a recent hearing. He stated that
he will not be in attendance at our regularly scheduled February Civil Service
Commission meeting and wished us all well.
Please inform the City Council of this vacancy and let us know what we can do to help
expedite the process to fill this vital position on the Commission.
/
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY ~D Þ-DO'?i.\Ot¡!;.
CHULA VISTA DECREASING THE EXISTING S~\Wfrl
ON "E" STREET BETWEEN BAY BOUL&~ EAST
FLOWER STREETIBONITA ROAD FR 5 MPH TO 30
MPH
WHEREAS, based on the provisions of the California Vehicle Code (CVC), Engineering
and Traffic Surveys, and pursuant to authority under Chula Vista Municipal Code Section
10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer, the interest of
minimizing traffic hazards and for the promotion of public safety, has recommended that the
speed limits on "E" Street between Bay Boulevard and East Flower Street/Bonita Road, not
already established as 30 mph, be decreased ftom the existing 35 mph speed limit to 30 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 30 mph speed limit for all segments of "E" Street between Bay Boulevard and
East Flower Street/Bonita Road is hereby established.
SECTION II: That Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in
Certain Zones - Designated," is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Speed Limit
"E" Street Bay Boulevard East Flower Street/ 30 M.P.H.
Bonita Road
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day ftom and
after its adoption.
Presented by Approved as to form by
Do.- 7. ~
Jack Griffin Ann Moore
Director of General Services City Attorney
j,AttomeyIOrdinancel"E" St speed limit
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ORDINANCE NO. -
ORDINANCE OF THE cny COUNCIL OF ~~~I1".'IO~
CHULA VISTA ESTABLISHING 50 M.P.H. SPE ON
OLYMPIC P ARKW A Y BETWEEN LA M~~\ AD AND
HUNTE P ARKW A Y c:,t.CO~'O
WHEREAS, based on the provisions of the California Vehicle Code (CVC), Engineering
and Traffic Surveys, and pursuant to authority under Chula Vista Municipal Code Section
10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer, the interest of
minimizing traffic hazards and for the promotion of public safety, has recommended that the
speed limit on Olympic Parkway between La Media road and Hunte Parkway be established at
50 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 50 mph speed limit on Olympic Parkway between La Media Road and Hunte
Parkway is hereby established.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in
Certain Zones - Designated," is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Speed Limit
Olympic Parkway La Media Road Hunte Parkway 50 MPH
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day ftom and
after its adoption.
Presented by Approved as to form by
...D 0...- "7 , t-J-
Jack Griffin Ann Moore
Director of General Services City Attorney
¡,AttomcyIO,dinanceIOlympi, Pm-kway La Media Rd Speed limit
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 2/17/2004
ITEM TITLE: Resolution Amending the Design of the Right-of-Way
Improvements Associated with the New Police Facility
SUBMITTED BY: Director of General Services/City Engineer/~
REVIEWED BY: City Manager&Ç; j7~ 4/5tbs Vote: (Yes: - No:..L)
BACKGROUND: Downtown business owners recently contacted staff regarding the planned
median improvements on "F" Street between Garrett Avenue and Church Street. The business
owners expressed concern about the City's plan to add raised medians and eliminate existing on-
street parking spaces on the north side of this segment. The design of the right-of-way improvements
associated with the Police Facility on F Street, between Garrett Street and Third Avenue, are
proposed to be modified to maintain a parking lane on westbound F Street only. The plan for two
driving lanes on eastbound F Street will not be modified.
RECOMMENDATION: That Council adopt resolution amending the design of the right-of-way
improvements associated with the New Police Facility in accordance with Exhibit B ofthis report.
BOARDS/COMMISSIONS RECOMMENDATIONS: Staff has provided information to the
Town Centre Planning Area Committee and has received the committee's support for the proposed
reVISIOn.
DISCUSSION:
Currently, the segment of"F" Street between Garrett Avenue and Church Street is four lanes (two
lanes each way). The original approved improvement plans (Exhibit A) added new raised medians on
this segment of the street ranging in width ftom 6 to 16 feet. The plan also proposed to retain the
original configuration of two lanes in each direction. To achieve both objectives, all ofthe north side
parking spaces along "F" Street would have to be removed.
To keep the existing parking spaces along this segment would require sacrificing one of the two
westbound traffic lanes. This approach would be feasible if the remaining three traffic lanes were
sufficient to handle normal traffic flow (i.e., without exceeding the City's standard).
A recent study of the four-lane segment showed that it is carrying approximately 11,400 average
daily trips. This volume falls well within the City standard which specifies that even a two-lane
roadway (one lane each way) could adequately accommodate up to 12,000 average daily trips and
still function at a stable level of service.
Page 2, Item
Meeting Date 2/17/2004
Therefore, staff proposes retaining the existing parking spaces on the north side of "F" Street by
revising the original plan (Exhibit A) and reconfiguring the north side, or westbound, street striping
from two traffic lanes to one traffic lane plus parking (see Exhibit B). The two eastbound traffic
lanes would remain unchanged. This revision will retain all twenty-one (21) existing parking spaces
on the north side of "F" Street (17 metered, 4 non-metered). In addition, it is expected that the
narrowed, three-lane configuration will help control traffic speed and would, thus, be more
pedestrian friendly.
Should additional traffic capacity become necessary in future years, the City standard can be
maintained without road widening, simply by eliminating the parking spaces.
OTHER "F" STREET IMPROVEMENTS
The segment between Fourth A venue and Garrett A venue (along the new Police facility) will remain
a four-lane roadway.
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
was adequately covered in the IS 01-017 Mitigated Negative Declaration. Thus, no further
environmental review is necessary.
FISCAL IMPACT: The proposed revision is expected to result in modest project savings due to
the fact that parking meter removal and subsequent sidewalk repairs will no longer be necessary.
Annual maintenance of this street segment is already incorporated into the City's striping
maintenance budget.
Attachments: Exhibit A - Previously Approved Traffic Pattern Plan, "F" Street
Exhibit B - Proposed Revisions to Traffic Pattern Plan, "F" Street
JIEng;neecIAGENDAlr Street Mcd"",-Police Focility.doc
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RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE DESIGN OF THE RIGHT-OF-
WAY IMPROVEMENTS ASSOCIATED WITH THE NEW
POLICY FACILITY
WHEREAS, downtown business owners recently contacted staff regarding the planned
median improvements on "F" Street between Garrett Avenue and Church Street; and
WHEREAS, the business owners expressed concern about the City's plan to add raised
medians and eliminate existing on-street parking spaces on the north side of this segment; and
WHEREAS, the design of the right-of-way improvements associated with the Police Facility
on F Street, between Garrett Street and Third Avenue, are proposed to be modified to maintain a
parking lane on westbound F Street only; and
WHEREAS, the plan for two driving lanes on eastbound F Street will not be modified; and
WHEREAS, staff proposes retaining the existing parking spaces on the north side of "F"
Street by revising the original plan and reconfiguring the north side, or westbound, street striping
from two traffic lanes to one traffic lane plus parking; and
WHEREAS, a traffic study has shown the proposed modification will not negatively impact
the traffic flow or create a safety hazard; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed project was adequately covered in the IS 01-017 Mitigated Negative Declaration with no
further environmental review necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby amend the design of the right-of-way improvements associated with the new Police
Facility.
Presented by Approved as to form by
Jack Griffin
Director of General Services
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COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 2/17/04
ITEM TITLE: Resolution Accepting bids and awarding contract for the "Traffic
Signal Installation at First Avenue and Palomar Street (TF-302)" project to
DBX Incorporated in the amount of$137,550
SUBMITTED BY: Director of General Services/City Engineer &-
REVIEWED BY: Gfr (4/Sths Vote: Yes - No-KJ
City Manager /',1 yf" On January 14, 2004, the Director of General Services received bids from six (6) electrical
contractors for the 'Traffic Signal Installation at First Avenue and Palomar Street (TF-302)" project.
The scope of the project includes the installation of a fully actuated traffic signal system and other
work necessary to complete the project.
RECOMMENDATION:
That Council accept bids and award contract for the 'Traffic Signal Installation at First Avenue and
Palomar Street (TF-302)" project to DBX Incorporated in the amount of $137,550.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The installation for a traffic signal at the subject intersection was approved and budgeted for (FY)
2003-2004 Capital Improvements Program (CIP). The work to be done for this project includes the
installation of new traffic signal standards, mast arms, signal light emitting diode (LED) indications,
detector loops, wiring, video detection systems, detector loops, conduits, luminaires, pull boxes,
internally illuminated street name signs (llSNS), signal controller and cabinet, meter pedestal,
uninterruptible power supply (UPS) unit, signs, striping, traffic control and the emergency vehicle
pre-emption (EVPE) systems. Other work includes grinding/sandblasting and the resurfacing of
pavement on conflicting striping and legends, removal, salvage of existing street lights, mast arms,
luminaires, existing signs, furnishing and installation of new signs, protection, restoration, removal
and disposal of existing conflicting improvements, and the construction of all appurtenances and
other miscellaneous work necessary to make the traffic signal system complete and operational.
Bidding Process
Traffic engineering staff recently prepared plans and specifications for the project. Staff also
prepared a construction cost estimate of$150,000 using the average unit prices of recently received
bids from contractors on similar types of projects.
On January 14, 2004, staff received bids ftom the following contractors:
f-¡
Page 2, Item ~
Meeting Date 2/17/04
The low bid, submitted by DBX Incorporated, is below the final engineer's estimate of$150,000 by
$12,450 or less than 10%. Traffic engineering staff contacted three references submitted by DBX
Incorporated and all contacts provided favorable remarks regarding DBX's performance. In
addition, DBX Incorporated has previously completed projects in the City with a favorable
performance.
Disclosure Statement
Attached is a copy of the Contractor's Disclosure Statement.
Environmental Status
The work involved in this project is categorically exempt under Section 15303 of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
FISCAL IMPACT:
$137,550
$22,450
$160,000
Traffic Fund
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION
After completion of construction, annual signal energy and maintenance costs are estimated to be
$3,500.
Attacbruents: Contractor's Disclosure Statemeut
J:\EngineerIAGENDA\TF302AJ J3.llÙcm.doc
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- -
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 10 I -01, prior to any action upon matters, which will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
í ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following information must be disclosed:
~ 1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, and material supplier.
DoY... ::rnC
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
Jj m P-PYíj, Pf'eSìd-B1<T
3. lfany person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
n ),1-
4. Please identifY every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
'. JIm Pex-(",~
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----
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16
J:\EngineerIADMIN\CONTRACT SVCSITF-302_3_6.doc
~
-
5. Has any person' associated with this contract had any financial dealings with an official" of the City of
Chula Vista as it relates to this contract within the past 12 months? YeS_N°-f-
'c
-,
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
c-, member of the Chula Vista City Council? Yes_No-f2-lfYes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years
to a current member of the Chula Vista City Council? Yes_N°F ¡fYes, which Council
member?
8. Have you provided more than $300 (or an item of equivalent value) to an official" of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - No.£ which official" and what was the nature of item provided?
Date: \ J I W I D-I
JIm P€r('~ P"e:<,\ci'fnrt
Print or type name 'Contractor/Applicant
, Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
-' 59
17
J:\EngineerIADMINICONTRACT SVCSITF-302_3 - 6.doc
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATION
AT FIRST AVENUE AND PALOMAR STREET (TF-302)"
PROJECT TO DBX INCORPORATED IN THE AMOUNT OF
$137,550
WHEREAS, on January 14, 2004, the Director of General Services received bids ftom
six (6) electrical contractors for the "Traffic Signal Installation at First Avenue and Palomar
Street (TF-302)" project; and
WHEREAS, the scope of the project includes the installation of a fully actuated signal
system and other work necessary to complete the project; and
WHEREAS, on January 14,2004, staff received bids from the following contractors:
Contractor Bid Amount
DBX, Inc. (Temecula, CA) $137,550.00
T&M Electric (Santee, CA) $139,320.00
HMS Construction, Inc. (San Marcos, CA) $142,675.00
Lekos Electric, Inc. (EI Cajon, CA) $144,390.00
AEC Grading & Paving (San Diego, CA) $148,687.00
Moore Electrical (Corona, CA) $153,953.00
WHEREAS, the low bid, submitted by DBX, Inc. is below the final engineer's estimate of
$150,000.00 by $12,450 or less than 10%; and
WHEREAS, the work involved in this project is exempt under Section 15303 of the
California Environmental Quality Act (Minor Alterations of Existing Public Improvements or
Public Structures).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept the bids and award the contract for "Traffic Signal Installation at First
Avenue and Palomar Street (TF-302)" project to DBX Incorporated in the amount of
$137,550.00.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to form by
IJ,/~
ì7á. v'_1
Jack Griffin Ann M6ore '
Director of General Services City Attorney
J\attomeyl",olbid,ITmfri, Signal ri,'" & Palom..'
5Ç
COUNCIL AGENDA STATEMENT
Item fc
Meeting Date Febrnarv 17, 2004
ITEM TITLE: Resolution approving a budget transfer ftom the Civic Center
HV AC Equipment Upgrades Capital Improvement Project (GG 166) to
the Corporation Yard Capital Improvement Project (GG131) for
payment to Allsup Corporation.
SUBMITTED BY: Director of General Services ~-
REVIEWED BY: City Manager([~ (4/Sths Vote: Yes -L No--..J
¡:,,'lr
The City's budget transfer policy calls for City Council's approval for transfers more than
$15,000 between project budgets. City Council previously authorized a litigation settlement with
Allsup Corporation, a subcontractor on the Corporation Yard project, in the amount of $28,000.
This transfer will provide sufficient funds in the Corporation Yard project budget to cover this
expense.
RECOMMENDATION: That Council adopt the resolution approving a budget transfer ftom
the Civic Center HV AC Equipment Upgrades Capital Improvement Project (GG166) to the
Corporation Yard Capital Improvement Project (GG131) for payment to Allsup Corporation in
the amount of$28,000.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
In a previous closed session, City Council authorized a settlement with Allsup Corporation
regarding their contract over the Corporation Yard project for the amount of $28,000. It should
be noted that the City Attorney's office recommended mediation ending in one day versus
litigation which would have resulted in expenses over and above the current settlement amount
as well as time spent going through the litigation process.
This transfer will provide sufficient funds in the Corporation Yard project as the anlOunt of the
paYll1cnt to Allsup Corporation was unknown until an agreement between parties was rcachcd.
As a result, Staff is recommending transferring funds ftom the Civic Center HV AC Equipment
Upgrades Capital Improvement Project (GGI66) to the Corporation Yard Capital Improvement
Project (GG131) to cover said expense. The Civic Center HVAC Equipment Upgrades Capital
Improvement Project (GG166) was initially budgeted for in FY 2001-2002. The project entailed
improving HV AC systems throughout the Civic Center by removing and replacing existing,
outdated systems, which have been on hold pending decisions on relocations and remodeling at
the Civic Center. These improvements will now occur with the current Civic Center Renovation
Capital Improvement Project (GG 139), thus, enabling the feasibility of the inter-project budget
transfer request.
6-1
Page 2, Item ~
Meeting Date February 17.2004
FISCAL IMPACT: Approval of tonight's resolution will authorize a budget transfer of
$28,000 from the Civic Center HV AC Equipment Upgrades Capital Improvement Project
(GGI66) to the Corporation Yard Capital Improvement Project (GG131) for payment to Allsup
Corporation.
',IG,o",1 S",lmIGS Admioi"",looICooo,1I Ag,od,IPobl" W"k, C'OI"ICo,p V"d CI,lm, 012703.do<
b-
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A BUDGET TRANSFER FROM
THE CIVIC CENTER HV AC EQUIPMENT UPGRADES CAPITAL
IMPROVEMENT PROJECT (GGI66) TO THE CORPORATION
YARD CAPITAL IMPROVEMENT PROJECT (GGl3l) FOR
PAYMENT TO ALLSUP CORPORATION
WHEREAS, the City's inter-project budget transfer policy calls for City Council's
approval for transfers more than $15,000 between project budgets; and
WHEREAS, City Council previously authorized a litigation settlement with Allsup
Corporation, a subcontractor on the Corporation Yard project, in the amount of $28,000; and
WHEREAS, this transfer will provide sufficient funds in the Corporation Yard
project budget to cover this expense.
NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista
does hereby approve a budget transfer from the Civic Center HV AC Equipment Upgrades Capital
Improvement Project (GG166) to the Corporation Yard Capital Improvement Project (GGI3l) for
payment to Allsup Corporation.
Presented by Approved as to form by
Jack Griffin
Director of General Services
J:\attorneylreso\finance\CorpYard to pay - Allsup
b-
COUNCIL AGENDA STATEMENT
ltem:~
Meeting Date: 2/1 /04
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
amending the fiscal year 2004/2005 budget to add one full
time equivalent (FTE) Deputy City Attorney III and
appropriating the funds for the position
SUBMITTED BY: City Attorney G.-..'fA'
REVIEWED BY: City Manager (4/5ths Vote: YES ---1L- NO ---.-J
In FY 97-98 the structure of the City Attorney's Office was changed to support a
full-time in-house litigation program. The implementation of that program has
allowed the City Attorney's Office to successfully defend the City in civil litigation
at a reduced cost. The litigation caseload has had a significant increase over the
last couple of years and as the number of cases continues to rise, the increased
burden has fallen on the sole litigation attorney.
In addition, the City has been engaged in extensive development and
redevelopment, which has resulted in an expansion of the City's workforce in the
related departments. This has placed increasing demands on both the litigation
and advisory resources of the City Attorney's staff. It is expected that demands
on these resources will increase as the City continues to grow and an increase in
the staff level of the City Attorney's Office is recommended to meet these
demands.
STAFF RECOMMENDATION: That the City Council accept the
recommendation and amend the FY 2004/2005 budget to add 1 Deputy City
Attorney III.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: Since the creation of the in-house litigation program, the Office of
the City Attorney has significantly reduced the City's reliance on outside council
to defend the City in civil litigation matters. By maintaining a close control over
the litigation caseload, the Office has been able to contribute to the City's
successful claims management over the past few years.
Recently, the City Attorney's office has been engaged in an aggressive proactive
program, which seeks the repayment of monies owed the City by private entities.
The City received a $500,000 settlement from a case and is currently seeking
similar amounts from another pending case in settlement of a claim. It is
anticipated that the City will receive the monies from this entity before the end of
the fiscal year. In order to continue this proactive effort as well as to successfully
7-/
handle the increase in litigation, the services of another attorney with specialized
experience are required.
Additionally, the current upsurge in land use and development taking place in the
City has led to an increased workload for the advisory attorneys of the Office.
Land use issues have become increasingly complex and require specialized
knowledge of the land use laws as they apply to the City. An attorney who has
both litigation and land use experience would greatly enhance the ability of the
Office to meet the growing demands placed on the Office by the development
that is currently in progress, as well as the demands placed on our litigation
division.
The recommended increase in the staffing level will enable the Office to maintain
its current level of support to the City. The additional deputy city attorney will be
assigned to the advisory division, but will also work closely with the litigation
division of the Office.
FISCAL IMPACT: As detailed below, the total cost of adding this position and
related supplies and services is estimated at $43,451 for FY 2004 and $94,163
for FY 2005. It is anticipated that beginning in FY 2005, the costs associated
with this position will be 50% revenue offset by developer fees and staff time
reimbursements.
In summary, adding this position will result in the following fiscal impacts:
FY 2004 FY 2005
PERSONNEL SERVICES $42,451 $180,726
SUPPLIES AND SERVICES $1,000 $4,000
OFFSETTING REVENUE $0 $90,563
NET GENERAL FUND IMPACT $43,451 $94,163
J:\attorney\reso\finance\add deputy ca III
1-9-
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005
BUDGET TO ADD ONE FULL TIME EQUIVALENT (FIE)
DEPUTY CITY ATTORNEY III AND APPROPRIATING THE
FUNDS FOR THE POSITION
WHEREAS, the City has been engaged ill extensive development and
redevelopment, which has resulted in an expansion of the City's workforce in the related
departments, which has placed an increased demand on both the litigation and advisory resources of
the City Attorney's staff; and
WHEREAS, increasing demands have been placed on both the litigation and
advisory resources of the City Attorney's staff; and
WHEREAS, it is anticipated that demands on City Attorney resources will increase
as the City continues to grow; and
WHEREAS, in order to meet these demands, an increase in the staff level of the
City's Attorney's Office is recommended; and
WHEREAS, the cost of the additional Deputy City Attorney III at "E" Step
including benefits is $180,726. It is anticipated that beginning in FY 2005, the costs associated
with this position will be 50% revenue offset by developer fees and staff time reimbursements; and
WHEREAS, this position is expected to result in a FY 2004 cost of$43,451.00; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby amend the fiscal year 2004/05 budget to add one Deputy City Attorney III
to the Office ofthe City Attorney.
BE IT FURTHER RESOLVED that the sum of $43,451.00 be appropriated ftom
the General Fund balance to the City Attorney's Personnel Services budget and $1,000.00 be
appropriated from the General Fund to the City Attorney's Supplies and Services budget.
Presented and approved as to form by:
~~~
Ann Moore
City Attorney
7~3
COUNCIL AGENDA STATEMENT
Item c::¡
Meeting Date 2/10/04
ITEM TITLE: RESOLUTION of the City Council of the City of Chula Vista
Appropriating $250,000 from the General Fund balance to the
City Attorney's Supplies and Services budget, transferring
$35,000 from the City Attorney's Personnel Services budget to
Supplies and Services, and appropriating $985,000 from the
General Fund balance to the Human Resources Department's
Other Expenses budget
SUBMITTED BY: ~. 1\'
City Attorney
REVIEWED BY: City Manager (4/5ths Vote: _X- No->
During Fiscal Year 2003/2004, the City Attorney's Office and Human Resources Department
have been involved in the defense and prosecution of an unusually high number of very complex
lawsuits and pre-litigation matters. Because of the increase in outside counsel and expert witness
costs associated with these cases, the City Attorney's Office and Human Resources Department
are asking for an appropriation of $250,000 and $985,000, respectively. In addition, the City
Attorney's Office is requesting a transfer of $35,000 ftom salary savings in its Personnel
Services budget to Supplies and Services to pay for temporary staffing costs.
RECOMMENDATION: Approve a resolution appropriating $250,000 from the General Fund
balance to the City Attorney's Supplies and Services budget, transferring $35,000 from the City
Attorney's Personnel Services budget to Supplies and Services, and appropriating $985,000 from
the General Fund Balance to the Human Resources Department's Other Expenses budget.
BOARDS/COMMISSION: N/A
DISCUSSION:
During the Fiscal Year 2003/2004, the City Attorney's Office has been involved in the defense
and prosecution of an unusually high number of very complex lawsuits and pre-litigation
matters. While the City Attorney budgets for a sizeable amount of litigation expenses every
year, the volume and magnitude of such matters have not only been greater than normal, but
have also involved specialized and highly technical issues such as construction defect litigation,
insurance coverage disputes and a lawsuit alleging violations of the plaintiff's First Amendment
rights. Because of the increase in outside counsel and expert witness costs associated with these
cases, the City Attorney's Office is requesting that the City Council appropriate an additional
$250,000 to its FY 2003/2004 budget. Set forth below is a partial list of the major cases which
the Office has been involved in already this year:
. Construction defect litigation
. Construction contract dispute
. Prosecuting action regarding defective bullet proof vests
. Prosecution and defense of complex tort claims
. Insurance coverage dispute
£'-1
Page 2, Item ~
Meeting Date
In addition to the increased costs facing the City Attorney's Office, the Human Resources Risk
Management Division has also incurred unanticipated defense costs for the fiscal year. For that
reason, it is necessary to appropriate additional funds in the amount of $985,000 to cover these
expenses.
Finally, the City Attorney's Office is requesting a one-time transfer of funds ftom its Personnel
Services budget to Supplies and Services. This transfer is needed to cover the payments made to
a temporary staffing agency which is providing litigation-related legal assistant services due to
the loss of a legal assistant earlier this fiscal year. Normally, when a vacancy occurs, the Office
hires a temporary hourly employee to fill the position (which would automatically be paid for out
of the Personnel Services Budget), but due to the specialized nature of the services being
provided a temp agency was contracted in order to provide support to the Litigation Division.
As a result, these personnel-based costs have been paid for out of the Supplies and Services
budget and a $35, 000 transfer is needed to make the Supplies and Services budget whole. Note:
Salary savings from the Litigation Division's vacant legal assistant more than offset the costs
paid to the temp agency for its services.
FISCAL IMPACT: Upon City Council authorization, a total of $250,000 will be appropriated
from the General Fund balance to the City Attorney's Supplies and Services budget, $35,000 will
be transferred from the City Attorney's Personnel Services budget to Supplies and Services, and
a total of $985,000 will be appropriated from the General Fund balance to the Human Resources
Other Expenses budget.
J:Attorney/Reso/Finance/Agenda Statement - budget issues
J?-~
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $250,000 FROM THE
GENERAL FUND BALANCE TO THE CITY ATTORNEY'S
SUPPLIES AND SERVICES BUDGET, TRANSFERRING
$35,000 FROM THE CITY ATTORNEY'S PERSONNEL
SERVICES BUDGET TO SUPPLIES AND SERVICES, AND
APPROPRIATING $985,000 FROM THE GENERAL FUND
BALANCE TO THE HUMAN RESOURCES DEPARTMENT'S
OTHER EXPENSES BUDGET
WHEREAS, during fiscal year 2003-2004, the City Attorney's Office and Human
Resources Department have been involved in the defense and prosecution of an unusually high
number of very complex lawsuits and pre-litigation matters; and
WHEREAS, due to the increase in outside counsel and expert witness costs associated
with these cases, the City Attorney's Office and Human Resources Department are asking for an
appropriation of$250,000 and $985,000, respectively; and
WHEREAS, the City Attorney's Office is requesting a transfer of$35,000 from salary
savings in its Personnel Services budget to Supplies and Services to pay for temporary staffing
costs; and
WHEREAS, these personnel-based costs have been paid for out of the Supplies and
Services budget and the transfer is necessary to balance the budget.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista
does hereby approve appropriation of$250,000 from the General Fund balance to the City
Attorney Office's Supplies and Services budget, transfer of $35,000 ftom the City Attorney's
Personnel Services budget to Supplies and Services, and appropriating $985,000 ftom the
General Fund balance to the Human Resources Department's Other Expenses budget.
Presented by and approved as to form by
(f-- ~
Ann Moore
City Attorney
Jhtomoy/Rem/Finance/City AUy budget amend
%,,3
COUNCIL AGENDA STATEMENT
Item q
Meeting Date 2/17/2004
ITEM TITLE: Resolution authorizing staff to proceed with an update of the 2003
Sewer Service Rate Study
SUBMITTED BY: Director of General Services/City Engineer S¥'
REVIEWED BY: City Manager~t \) \'" 4/Sths Vote: (Yes: - No:.lL)
"
BACKGROUND:
On July 1,2003, the City's new sewer service rate structure went into effect. At the City Council
meeting held on October 7, 2003, Council directed staff to re-examine the rate structure and verify
that it was properly implemented, and that residents' bills were consistent with what Council
approved last year.
RECOMMENDATION: That Council adopt a resolution authorizing staff to proceed with an
update of the 2003 Sewer Service Rate Study.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
On June 3, 2003, Council accepted the 2003 Sewer Service Rate Study prepared by PBS&J
(Resolution No. 2003-240), and shortly afterwards on July 22,2003, approved a new sewer service
rate structure (Resolution No. 2003-321). The new rate structure, which went into effect July 1,
2003, primarily changed the billing structure for single-family dwellings ftom a flat fee structure to a
water-consumption based structure.
The New Rate Structure
Under this new structure, single-family dwellings are being billed for sewer services based on the
estimated amount of sewage they generate.
This method is widely used by a number of municipalities and districts within Southern California.
In San Diego County, the method is currently being used by the following agencies: The Cities of
San Diego, Poway, Del Mar, La Mesa, Encinitas, and Imperial Beach.
The underlying principle of this method is that most users have reduce consumption during the
winter period, therefore, since most homes have a single water meter which records both irrigation
usage (landscaping) and domestic usage, the meter reading during the winter period, to a large
extent, reflects domestic usage (sewage generated).
1-/
Page 2, Item &(
Meeting Date 2/17/2004
Although this method is generally accurate, it acknowledges that some users do not change their
irrigation usage during the winter period and that the data obtained ftom these readings may include
some irrigation usage. Various Cities use a variety of methods to address this issue. Under our newly
adopted structure a cap was set at 15 HCF (Hundred Cubic Feet). This cap represented the 90th
percentile of the user group, consistent with the guidelines of the State Water Resource Control
Board. It generally means that a user can only be billed a maximum of 15 HCF ifthey have a winter
average greater than 15 HCF.
Rate Restructuring Impacts
User Impacts and Comments
Since the implementation of this new rate structure, staff has received mixed feedback ftom the
residents, which can be summarized as follows:
a. Approximately 200 calls requesting clarification on how their sewer bills were determined.
b. Approximately 15 calls requesting low-income applications.
c. Approximately 35 calls opposing the rate restructuring.
d. 7 letters opposing the rate restructuring.
e. 3 e-mails (1 opposing, 2 requesting additional information).
In general, it seems that considering the number of single-family users in the City (approx. 38,517),
the rate restructuring has not caused a widespread amount of concern in the City. The number of
calls received opposing the structure represents approximately 0.1 % of this group of customers.
Nevertheless, citizen concerns although few in number will be taken seriously and fully considered
in the update.
Revenue Impacts
Staff has also been monitoring the performance of the new rates since the implementation of this
new rate structure, and it has become evident that the adopted rates will not generate the projected
revenue for this fiscal year, and will result in a shortfall. However, this projected shortfall will to a
large extent be mitigated by the recent reduction of Chula Vista's projected expenditure for FY
2003/04 to the City of San Diego Metropolitan Wastewater Department (Metro).
Future Actions
Staff is in the process of retaining another Rate Consultant (Black & Veatch) a local firm that has
done similar studies for the City of Encinitas, City of Del Mar, City of San Diego and Otay Water
District to conduct an independent re-evaluation of the Rate Study. This firm has experience in
conducting peer reviews of wastewater rate studies. The goal of this exercise is as follows:
1. To use the latest consumption data to verify that the distribution and cost allocations among
the various user classes is fair and equitable.
c¡
Page 3, Item q
Meeting Date 2/17/2004
2. Examine ways to address the concerns raised by residents regarding the effect of irrigation
usage during the winter period on the sewer rate structure and to recommend equitable,
practical solutions to these issues.
3. To make recommendations on any other structural adjustments/refinements which they deem
necessary.
It is estimated that this effort will take approximately 4 months to complete and will cost
approximately $45,000. If Council authorizes staff to proceed with the update today, no further
Council action to approve the Consultant agreement will be required since this amount is within the
purchasing authority of the Purchasing Agent. Staff will seek active public participation in
formulating the revised rate structure in order to come back to Council at the conclusion of this
independent study with a recommendation on the specific actions that need to be taken.
Conclusion
The primary source of the concern that the public has had with the new structure is that they were
unaware of the rate restructuring despite the City providing advance notice through mailings and the
City's other communication, and therefore they did not adjust their irrigation usage during the
preceding winter period. However, now that the users are aware of the basis of the structure, they
will be more likely to make the necessary adjustments and these adjustments will be considered in
the revised rate study. Staff will present another report to Council, by June 2004, which addresses all
of the issues mentioned in this report. By that time, staff will also have had an opportunity to
evaluate the consumption data for the November 2003 through April 2004 winter period.
Consequently, with that re-evaluating and new data, staff will be in a better position to make a
recommendation to Council on the specific rate adjustments, if necessary, that would need to be
made.
FISCAL IMPACT: Staff will report on the study's results, and ifneeded, recommend adjustments
to the rate structure at a later date. The cost of the additional consultant services is expected to be
about $45,000 and will be borne by the Sewer Service Fund.
J:\EngineerIAGENDAlreport sewer rate structure.ac..doc
9"3
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING STAFF TO PROCEED WITH AN
UPDATE OF THE 2003 SEWER SERVICE RATE STUDY
WHEREAS, on June 3, 2003, Council accepted the 2003 Sewer Service Rate Study prepared
by PBS&J (Resolution No. 2003-240), and shortly thereafter, on July 22, 2003, approved a new
sewer service rate structure (Resolution No. 2003-321); and
WHEREAS, on July 1, 2003, the City's new sewer service rate structure went into effect;
which primarily changed the billing structure for single-family dwellings ftom a flat fee structure to a
water-consumption based structure; and
WHEREAS, at the October 7,2003 City Council meeting, the City Council directed staff to
re-examine the rate structure and verify that it had been properly implemented; and
WHEREAS, considering the number of single-family sewer customers in the City (38,500+),
the rate restructuring has not caused a widespread amount of concern - less than 0.1 % have
complained; and
WHEREAS, staff has also been monitoring the performance of the new rates since their
implementation and it has become evident that they are not generating the anticipated revenue; and
WHEREAS, staff wishes to retain another rate consultant, which has done similar studies and
is experienced in peer review, to conduct an independent re-evaluation of the new rate structure.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City ofChula Vista
hereby authorizes staffto proceed with an update and re-evaluation of the 2003 Sewer Rate Study.
Presented by Approved as to form by
De<--l. ~
Jack Griffin Ann Moore
Director of General Services City Attorney
J)attcrneylcesolsewer/sewec smice cate study update 2004
V-I
.
CITY COUNCIL AGENDA STATEMENT
Item: /b
Meeting Date: 2/17/04
ITEM TITLE: Ordinance of the City Council of the City ofChula Vista amending Chapter
2.52 of Title 2 of the Chula Vista Municipal Code regarding campaign
finance reform.
Ordinance of the City Council of the City ofChula Vista amending Section
2.56.110 (F) delegating to the City Attorney additional authority in entering
into agreements for the retention of special counsel to enforce Section 2.52 of
the Chula Vista Municipal Code.
SUBMITTED BY: City Attorney Ú\~. 4/5ths Vote: (Yes:- No:--XJ
The Campaign Contribution Ordinance Committee ("CCO") presented a draft campaign contribution
ordinance to the City Council at the February 3,2004 meeting. At that time, the Council identified a
number of issues with the draft ordinance and requested the CCO meet again to review those issues.
The CCO met on February 9, 2004 and presents for Council consideration a revised ordinance
reflecting modifications designed to address the issues raised at the February 3, 2004 Council
meeting.
The Environmental Review Coordinator 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; 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:
That the City Council adopt the ordinance amending Chapter 2.52 of Title 2 of the Chula Vista
Municipal Code regarding campaign finance reform and adopt the ordinance amending 2.56.11 O(F)
of the Chula Vista Municipal Code delegating additional authority to the City Attorney to enter into
contracts up to $] 00,000 to retain special counsel without Council approval.
10
.'
Page 2, Item No.: 10
Meeting Date: 2/17/04
DISCUSSION:
Since March 2000 the Council has raised issues regarding Municipal Code Section 2.52, Campaign
Contributions. In August 2000 the Council, on the motion of then Councilmember Moot, referred the
issue of canlpaign financing to the Charter Review Commission. In November 2001 staff returned to
Council with a report regarding the formation of a subcommittee to review the Campaign
Contribution ordinance. Council accepted the report and created the subcommittee to review the
ordinance in its entirety. Appointed to the subcommittee were Councilmember Davis, John Moot,
one representative ftom the Ethics Commission and two representatives from Charter Review
Commission. The Ethics Commission appointed Ricardo Gilbert. The Charter Review Commission
appointed Cheryl Cox and Armida Martin Del Campo.
After many months of work the CCO presented a draft ordinance to the Council on February 3, 2004.
At that time the Council discussed a number of provisions of the ordinance and specifically referred
back to the committee and staff the following issues:
1. Delete language regarding contributions by minors.
2. Clarify language regarding the suspension of contribution limitations.
3. Modify language regarding the hiring of outside counsel to ensure funding and increase
the independence of special counsel.
The CCO met again on February 9 to discuss those identified issues. The draft ordinance before you
this evening is presented in a strikeout and underline format to highlight the modifications proposed
by the CCO following their February 9 meeting.
Minors Provision
Consistent with the discussion at the February 3 Council meeting, the CCO recommends deleting
2.52.11 O(B) regarding contributions by minors. In addition, to address the concern raised that
some people may try to contribute additional funds beyond the contribution limit by funding
their minor children's contribution, the Committee recommends adding a new section prohibiting
contributions in the name of another. Please see new section 2.52.120 in the revised ordinance.
Suspension of Contribution Limits
Council raised questions about and suggested clarifying the language within the Loan provision
(2.52.090) and the Personal Funds provision (2.52.100) regarding the suspension of contribution
limits. As proposed on February 3 section 2.52.090 (D) read as follows:
D. Each opponent of a candidate who has made a loan to his or her campaign pursuant to
(0
.
Page 3, Item No.: 10
Meeting Date: 2/17/04
this section shall be permitted to solicit and receive, and contributors to such opponent may
make, contributions in excess of the limits contained in Section 2.52.040 of the Municipal Code
until such opponent has raised contributions in amounts above such limits equal to the amount
personally loaned by the candidate to his or her own campaign or controlled committee.
As identified on February 3, the underlined language is subject to different interpretations. For
example: if Candidate A loaned himself $60,000, contribution limits will then be suspended for
Candidate B until Candidate Braises $60,000. The question is whether the $60,000 contributed
to Candidate B includes contributions both within and in excess of the contribution limit or are
only contributions in excess of the contribution limit counted toward that $60,000?
The language within the Personal Funds provision, 2.52.100 (B) is very similar and presented the
same question of interpretation.
After a lengthy discussion the CCO chose to present the Council with draft language to allow
either interpretation. The draft ordinance contains the language as originally presented on
February 3 and two alternatives depending on the direction given by the Council. The first option
provides that contributions within and in excess of the limitation are applied toward the amount
offunds a candidate may raise without regard for the contribution limit. The second option only
applies to those contributions taken in excess of the contribution limit.
Enforcement Provisions
Council referred a number of issues regarding the enforcement provisions back to the CCO for
further review. Specifically, modify the enforcement provisions to require the Council to
appropriate funds for the retention of special counsel during the annual budget cycle; include a
time frame for the retention of special counsel; if consistent with the City Charter, remove the
Council from the process for the appointment and retention of the special counsel; and
incorporate provisions to increase the independence of special counsel.
The revised ordinance before Council this evening includes a requirement for the City Attorney
to solicit proposals from attorneys to act as special counsel 180 days prior to an election. It also
requires the Council to appropriate, into a separate account under the City Attorney's control, no
less than $100,000 for retention of special counsel and vests the authority to appoint the panel of
special counsel solely in the hands of the City Attorney.
Also before you this evening is a modification to the Purchasing Ordinance to delegate to the
City Attorney authority to enter into contracts for up to $100,000 to retain special counsel
without Council approval. '
/o~3
"
Page 4, Item No.: /0
Meeting Date: 2/17/04
Amount of Contribution Limitation
The CCO also revisited the contribution limit issue. Though the CCO believes $500.00 is an
appropriate contribution limit, they indicated putting in place viable enforcement measures and the
other changes to the ordinance was of primary importance. The CCO would support a minimal
increase and/or delayed implementation of that provision if necessary.
CONCLUSION: CCO recommends Council adopt the two ordinances amending Chapters 2.52 and
2.56 of the Chula Vista Municipal Code.
FISCAL IMP ACT: The Campaign Contribution Ordinance requires an appropriation of$l 00,000
from the General Fund with each budget cycle to fund the investigation and prosecution, where
appropriate, of alleged violations of the ordinance.
JIAttom,ylEIIulilCampaign Coot,ibu"on\Al 132 17 114 doc
/()
ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CHAPTER 2.52 OF
TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING CAMPAIGN FINANCE REFORM
WHEREAS, there have been many changes in the law of campaign finance since
the City ofChula Vista's campaign contribution ordinance was adopted; and
WHEREAS, the current ordinance requires clarification of certain provisions that
are ambiguous and difficult to implement; and
WHEREAS, the City Council of the City of Chula Vista has expressed a desire to
amend the municipal code regulating election campaign finance and control; and
WHEREAS, at the October 23, 2001 City Council meeting staff was directed to
return to Council with recommendations for establishing a campaign finance reform
committee; and
WHEREAS, on November 20,2001 the City Council accepted a report ftom staff
and formed a subcommittee to review the campaign contribution ordinance; and
WHEREAS, the Council directed the committee to review the campaign
contribution ordinance in its entirety and redraft it to ensure consistency with state and
federal law; and
WHEREAS, the Council appointed to the campaign contribution ordinance
committee Councilmember Patty Davis, former Council member John Moot, one member
ofthe Ethics Commission and two members ofthe Charter Review Commission
("Committee"); and
WHEREAS, the Ethics Commission appointed Ricardo Gilbert and the Charter
Review Commission appointed Cheryl Cox and Armida Martin del Campo; and
WHEREAS, the Council accepted a report and draft ordinance ftom the
Committee on February 3, 2004; and
WHEREAS, the Environmental Review Coordinator 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; 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.
ClWINDOWSITempornry Intemet FiIes\OLKCOD5\Campaign Contribution Ordinance 2 17 04.doc / () - S 1
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain:
SECTION I: That Chapter 2.52 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.52.010. Purpose and Intent.
In enacting this chapter, the City Council finds and declares that moderate monetary
contributions to political campaigns are a legitimate form of participation in the American
political process. It is the policy of this City to protect the integrity of the electoral process;
and the best interests of the citizens of this City are served by regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper influence,
real or potential, exercised by campaign contributors over elected officials. It is the
purpose and intent ofthe City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be
contributed to political campaigns in City elections;
C. To prohibit contributions by organizations and permit individual contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter; and
E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this Ordinance.
The terms and phrases in this chapter shall be defined as those terms and phrases are
defined in the Political Reform Act of 1974, as amended, (Government Code, section
81000 et seq.) unless otherwise specified in this chapter.
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf or at behest of any other person or
accepts a contribution on behalf of a candidate. If an individual acting as an Agent is also
acting as an employee or member of a law, architectural, engineering or consulting firm, or
a similar entity or corporation, both the entity or corporation and the individual are
"Agents".
C:IWINDOWSITemporary Internet FileslOLKCOD51Campaign Contribution Ordinance 217 04.doc 2
B. "At the behest" means made under the control or at the direction of, in cooperation,
consultation, coordination, or concert with, at the request or suggestion of, or with the
express prior consent of.
C. "Candidate" means any individual seeking any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the candidate.
D. "City Campaign Statement" means the statement which, to the extent practicable,
shall be sirnilar to or consolidated with that required by state law.
E. "City Elective Office" means the offices held by members of the City Council and
Mayor.
F. "Contributions" are defined in a manner identical with the definition found in
Government Code Section 82015 and any related provisions in the California Code of
Regulations
G. "Enforcement Authority" means that Special Counsel appointed by the City Council
pursuant to Section 2.52.160.
H. "General Election" is that election identified by Charter Section 900 which is
combined with the State primary election.
L " Independent Expenditure Committee" is as defined in Government Code Sections
82013 and 82031 which supports or opposes in whole or in part a candidate for city
elective office if contributions are made to said committee with the intent that they, or a
comparable amount of funds otherwise owned by, or under the control of, the committee be
used to support or oppose a particular candidate for a city elective office. This type of
committee is not controlled by the Candidate.
J. "Intermediary" means a person who delivers to a candidate or committee or
committee treasurer a contribution ftom another person unless such contribution is ftom the
person's employer, immediate family or an association to which the person belongs,
Neither candidate or treasurer is considered an intermediary.
K. "Organization" means a proprietorship, labor union, firm, partnership, joint venture,
syndicate, business, trust, company, corporation, association, or committee, including a
political action committee.
L. "Person" means a natural individual.
M. "Single Election Contest" means either a general or special election.
N. "Special Election" defined in Charter Section 901, as all other Municipal elections
that may be held by authority of the Charter or of any law.
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2.52.040. Campaign Contributions.
A. No person, other than a candidate, shall make a contribution in excess of five
hundred dollars ($500) to a candidate for a single election contest. No candidate shall
solicit or accept a contribution in excess of$500 fÌom a contributor for a single election
contest. A candidate may receive up to $500 fÌom a contributor in each of the general and
special elections.
B. The terms of this chapter are applicable to any contributions made to a candidate or
committee hereunder, whether used by such candidate or committee to finance a current
campaign or to pay debts incurred in prior campaigns..
C. No person shall make a contribution to any candidate for city elective offices and no
such candidate shall accept fÌom any person, such a contribution sooner than eleven
months preceding a single election contest.
D. A contribution for an election may be accepted by a candidate for elective City
office after the date of the election only to the extent that the contribution does not exceed
net debts outstanding fÌom the election, and the contribution does not otherwise exceed
the applicable contribution limit for that election.
E. A candidate for City elective office may not solicit or accept contributions for a
special election prior to the holding of the general election for that office. A candidate for
City elective office may carryover contributions raised in connection with one election
for elective City office to pay campaign expenditures incurred in connection with a
subsequent election for the same elective City office.
2.52.050 Surplus Campaign Funds
A. Upon leaving any elected office, or at the end of the post-election reporting period
following the defeat of a candidate for elective office, whichever occurs last, campaign
funds under the control of a candidate shall be considered surplus campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
1. To repay contributions
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the
proceeds will have a material financial effect on the candidate, any
member of his or her immediate family, or his or her campaign treasurer.
3. To pay for professional services reasonably required by the candidate or
committee to assist in the performance of its administrative functions,
including payment for attorney's fees for litigation that arises directly out
of a candidate's activities or his or her status as a candidate, including, but
C:\WINDOWS\Ternporary Internet FiJes\OLKCOD5\Carnpaign Contribution Ordinance 2 17 04.doc 4
not limited to, an action to enjoin defamation, defense of an action brought
of a violation of state or local campaign, disclosure, or election laws, and
an action ftom an election contest or recount.
2.52.060. Organizational Contributions.
A. No organization shall make a contribution to any candidate or candidate campaign
committee. This chapter shall not apply to contributions made to a committee which is
organized solely for the purpose of supporting or opposing the qualification for the ballot
or adoption of one or more City measures.
B. No officer, employee, agent or attorney or other representative of a person
covered by this chapter shall aid, abet, advise or participate in a violation of this chapter.
All contributions made by a person whose contribution activity is financed, maintained or
controlled by an organization or any other person shall be deemed to be made by that
organization or other person. If the contribution is deemed made by an organization, it is
prohibited.
C. No candidate shall knowingly accept a payment or contribution made in violation
of this chapter.
2.52.70. Contribution in Violation of this Ordinance
A. If a contribution is tendered and would be in violation of this chapter it shall be
returned within three business days of discovery.
B. If a contribution which is in violation of this chapter is received by a candidate,
the candidate shall report in writing within three business days of discovery of the receipt
of the contribution to the City Clerk the facts surrounding such contribution and shall
return such contribution to the contributor within 24 hours of discovery.
C. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned to the donor within three
business days of discovery of receipt.
2.52.080 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
Ordinance No. - of the City of Chula Vista limits contributions to campaigns for city elective office,
either to candidate controlled committees or to regulated independent expenditure committees, to five
hundred dolla", per contributor.
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2.52.090 Loans.
A. A loan or extension of credit shall be considered a contribution ftom the maker of
the loan or extender of credit and shall be subject to the contribution limitations of this
chapter.
B. The provisions of this chapter apply to personal loans or extensions of credit, but
do not apply to loans made to a candidate 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.
C. A candidate for elective City office may not personally loan to his or her
campaign an amount in excess of$lO,OOO.
Originally Presented
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
such limits equal to the amount personally loaned by the candidate to his or her own
campaign or controlled committee.
Option I
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits contained in Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shaH be suspended
so that the opponent may receive contributions in excess of the limitation up to the
amount loaned by the candidate. Those contributions received within or in excess of the
limitation shall count toward equaling the amount loaned.
Option 2
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be suspended
so that the opponent may receive contributions in excess of the limitation up to the
amount loaned by the candidate. Only those contributions received in excess of the
limitation shall count toward equaling the amount loaned.
C:\WINDOWS\Temporary Internet Files\OLKCOD5\Campaign Contribution Ordinance 217 04.doc 6
E. Each opponent of a candidate or other person who has given notice pursuant to
2.52.100 shall not be bound by the loan limitation within this section to the extent the
amount of personal funds expended or contributed exceeds $10,000.
2.52.100 Notice Regarding Personal Funds.
A. No candidate or other person shall expend or contribute more than $5,000 in
personal funds in connection with an election campaign unless and until the following
conditions are met:
1. Written notice of the candidate's or other person's intent to so expend or
contribute in excess of $5,000 shall be provided to the city clerk and all opponent
candidates. The notice shall be delivered personally or sent by registered mail to
the last known address of the opponent candidates as shown in the records of the
City Clerk and shall specify the amount intended to be expended or contributed;
and
2. All personal funds to be expended or contributed by the candidate shall first be
deposited in the candidate's campaign contribution checking account. The
required notice shall be given no later than twenty-one days prior to the election.
If the expenditure or contribution occurs during the twenty-one days preceding
the election, the required notice shall be provided within twenty-four hours.
Originally Presented
B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
such limits equal to the amount of personal funds deposited by the candidate in his or
her campaign contribution checking account.
Option I
B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess ofthe limits established in subdivision (a) of Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be
suspended so that the opponent may receive contributions in excess ofthe limitation up
to the amount of personal funds deposited by the candidate in his or her campaign
contribution checking account. Those contributions received within or in excess of the
limitation shall count toward equaling the amount of personal funds deposited by the
candidate in his or her campaign contribution checking account.
Option 2
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B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be
suspended so that the opponent may receive contributions in excess of the limitation up
to the amount of personal funds deposited by the candidate in his or her campaign
contribution checking account. Only those contributions received in excess of the
limitation shall count toward equaling the amount of personal funds deposited by the
candidate in his or her campaign contribution checking account.
2.52.110 Family Contributions.
A--Contributions by a husband and wife shall be treated as separate contributions and I
shall not be aggregated where the checks are drawn separately and signed by the spouse
making the contribution. Contributions by a husband and wife shall be treated as separate
even if combined into one check but presented with two signatures.
B. Contributions by chilàren IIRder the age of eighteen shall be treated as contributions
by their parents and attributed proportionately te each parent (one half to ea£h parent or the
total amount to a single clistedial parent)-
2.52.120 Prohibition of Contribution in the Name of Another Individual
It is unlawful for any individual. or combination of individuals acting iointly, to make
directly or indirectly a contribution in the name of another individual or combination of
individuals.
2.52.130 Contributions for Legal Defense
A. Notwithstanding anything contained herein to the contrary, a payment to or for
the benefit of a councilmember and mayor or candidate made and used for the express
purpose of offsetting costs already incurred by that councilmember and mayor or candidate
in the defense of a criminal or administrative prosecutorial action against said
councilmember and mayor, and not made or used for the purpose of aiding in the election
of said councilmember and mayor or candidate, and not made within (before or after) 100
days of an election in which the councilmember and mayor or candidate is competing for a
seat or office, shall not be deemed to be a contribution for the purposes ofthis chapter.
2.52.140 Campaign Contribution Checking Account.
The campaign account required by Government Code section 8520 1 (a) shall be
established at a financial institution located in San Diego County.
2.52.150 Campaign Statements.
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Each candidate and committee shall file campaign statements in the time and manner
required by the Political Reform Act of 1974 as amended (Government Code Sections
84100 et seq.). Compliance with the requirements of that act shall be deemed to be
compliance with this chapter.
2.52.160 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and
City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals shall be furnished to all candidates and
committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether they
conform on their face with the requirements of state law,
C. Notify promptly all person and known committees who have failed to file a
document in the form and at the time required by state law.
D, Report apparent violations of this chapter and applicable state law to the
Enforcement Authority.
E. Compile and maintain a current list of all statements or parts of statements filed
with the Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the Enforcement Authority in the performance of the duties of the
Enforcernent Authority as prescribed in this chapter and applicable state laws.
2.52.170 Enforcernent.
A. The City Attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality ofthis chapter in any civil
proceeding in which the City or the City Council is a party.
B. Special Counsel shall investigate or prosecute alleged violations of this chapter.
C. City Attorney shall solicit proposals ftom attorneys in accordance with Section 503
of the City Charter and Section 2.56 of the Municipal Code to act as Special Counsel~
days prior to a City election. As part of the annual budget process, City Council shall
appropriate no less than $100.000 to fund the retention of Special Counsel. Said funds
shall be separate from the City Attornev's budget and used solely for the investigation
and prosecution of alleged violations of this chapter.
D. City Attornev shall appoint aA panel of no less than three attorneys to acting as I
Special Counsel. Said attorneys shall be -II!Ià compensated by the City and shall serve as
the Enforcement Authority for this Ordinance. Special Ceunsel shall be reeemmenEleEi
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by the City Attorney aad appFOyeà with coRsiàeriRg cellllsel availability by tile City I
Geuneih Should the appointment of additional Special Counsel become necessary or
appropriate, the City Attorney shall reeemmeRd aRà City Collllcil silall appoint, such additional Special Counsel as may be required. A single member of the Special Counsel
panel will be assigned to each case. Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall be submitted in writing, under
penalty ofpeIjury, by a resident of the City to the City Clerk. Said complaint shall state
the full allegation of facts that would constitute a violation ofthe code. The complaint
must be filed within 90 days of discovery of the alleged violation, but no later than 180
days ftom the date of the election.
F. City Clerk shall forward the complaint to the randomly assigned Special Counsel
ftom the panel of attorneys appointed by the City AttornevGetmeH within 5 working days I
of receipt for a probable cause determination. If no probable cause is determined to exist
the complaint shall be dismissed summarily and interested parties shall be notified in
writing.
G. If probable cause is determined to exist, Special Counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations ofthis chapter may be pursued either through a civil or criminal action
at the discretion of the Special Counsel. Special Counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with the chapter. No enforcement or prosecution or action of Special Counsel
shall be subject to the review or control of the City Attorney or City Council.
I. Special Counsel may investigate and may institute legal action to prevent further
violations, The Special Counsel may decline to investigate if the allegation is also a
violation of state law and is subject of a complaint filed with the Fair Political Practices
Commission.
J. Special Counsel shall be immune to liability for enforcement of chapter.
2.52.180 Penalties
A. Any person who willfully violates any provision of this Chapter is guilty of a
misdemeanor. Any person who willfully causes or solicits any other person to violate any
provisions of this Chapter, or who aids and abets any other person in the violation of this
Chapter shall be guilty of a misdemeanor.
B. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by Special Counsel for an amount not more than
three times the amount the person failed to report properly or unlawfully contributed,
expended, gave or received, or $5000 per violation which ever is greater.
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In determining the amount ofliability, the court may take into account the seriousness
of the violation and the degree of culpability of the defendant. If a judgment is entered the
funds recovered shall be deposited into the City's General Fund
2.52.190 Severability.
If any provision of this chapter, or the application of any such provision to any person
or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be
given effect, or the application of those provisions to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this chapter are severable.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth day
ftom and after its adoption.
Submitted by
¡Jø
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ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING SECTION 2.56.110(F)
DELEGATING TO THE CITY ATTORNEY
ADDITIONAL AUTHORITY IN ENTERING INTO
AGREEMENTS FOR THE RETENTION OF SPECIAL
COUNSEL TO ENFORCE SECTION 2.52 OF THE
CHULA VISTA MUNICIPAL CODE
The City Council of the City ofChula Vista does hereby ordain:
SECTION I: That Section 2.56.110(F) of the Chula Vista Municipal Code is
hereby amended to read as follows:
F. Legal Services
In accordance with Section 503 of the City Charter, the City Attorney oversees
contracts for legal and related professional service. Whenever practical, and in
consultation with the Purchasing Agent, requests for outside attorney or
professional services shall be based on a competitive solicitation of proposals.
Otherwise, justification shall be provided based on unique qualifications or
performance characteristics of the attorney or consultant recommended. Except
for contracts I()I" the retention of special counsel pursuant to Section 2.52,
~:Contracts for legal and related professional services in excess of $50,000.shall
be approved by the City Council,CQgtr¿1cls
m¡rsuantJ,pScction 2,5.LuLC.'-cess oJ_SlQQJJJ)() shaJl.hg,approved by the Ci!y
Council.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Submitted by
~+~~
un oore
. y Attorney
J.Attomcy/Ehull/Calllpaign Cont,ibuttoo/Pucchas¡ng O¡'dioance
/O-/~ I
Chapter 2.52
CAMPAIGN CONTRIBUTIONS
Sections:
2.�2.010 Findines.
�.�2.020 Purpose.
2.�2.030 Interpretation of this chapter.
2.�2.040 Definitions.
2.�2.0�0 Limitation on contributions from persons.
2.�2.060 Prohibition of contributions bv orsanizations.
2.52.070 �'ritten solicitations b��candidaces.
2.52.080 Retumed contribu[ions.
�52.090 Loans.
2.�2.100 Familv contributions.
2.�2.10� Notice reeardine personal funds.
?.�2.110 One campaign committee and one checkin� account per candidate.
2.�2.120 Prohibition on transfers.
2.�2.130 Contents ofciq� campaien statements.
2.�2.140 Duties of treasurers and candidates.
252.1�0 Duties of city clerk �vith respect to campaien statements.
2.�2.160 Audits.
�.�2.16� Repealed.
252.170 Criminal sanctions.
252.180 [njuncti��e relief.
2.>2.190 Enforcement.
252.200 Severabilin�.
2.�2.010 Findings.
In enactine this chapter. the city council of the city of Chula Vista finds and deciares the
fol lo���ine:
A. Moderate monetary contributions to political campaigns are a legitimate form of
participation in the American political process; but the financial streneth of certain individuals or
oreanizations should not pertnit them to esercise a disproportionate or controlline influence on
the election of candidates for cit��offices.
B. The rapidh• increasins costs of political campaiens ha��e forced manr candidates for
elective office to raise lareer and larger sums from indi�-iduals or interest eroups �t�ith a specific
financial stake in cit�� matters. 'rhis can cause the public perception that the ��otes ofcit�• council
members and decisions of elected officials are being improperl�� influenced b�� monetar�•
contributions. 7�his perception can undermine the credibilin� of the city council and the
eovernmental process.
C. It is the polic��of this cih�to protect tfie integrit��of the electoral process.
D. The best interests of the citizens of this cit�- are sen�ed bv reducine the direct and indirect
costs ofcampaigns. (Ord. 2661 § l. 1996; Ord. 26�4 § 1, 199�; Ord. 2298 y l, 1989).
2.52.020 Purpose.
The city council of the city of Chula Vista enacts this chapter to accomplish the follo���ing
purposes:
A. To encourage public trust in the electoral and decision-making processes of the ciry, and
ensure that individuals and interest groups have a fair and equal opportunity to participate in the
elective and legislative process.
B. To reduce the influence of large contributors with a specific financial stake in matters
before the city, thus countering the perception that decisions of city officials are influenced more
by the size of contributions than the merits of proposals or the best interests of the people of the
city. (Ord. 2661 § I, 1996; Ord. 26�4 § l, 1995; Ord. 2298 § l, 1989).
2.52.030 Interpretation of this chapter.
Unless the tenn is specificalh� defined in this chapter or the contrary is stated or clearly
appears from the contest, the definitions se[ forth in the Political Reform Act of 1974
(Government Code Sections 81000, et seq.) shall govem the interpretation of this chapter. (Ord.
2661 § I, 1996; Ord. 26�4 § l. 199�; Ord. 2298 § l, 1989).
2.52.040 Definitions.
A. A�ent. For purposes of this section; a person is the "agenY' of the party to, or a participant
in, a proceeding im�olving a license, permit or other entidement for use only if he or she
represents that person in connection ���ith the proceeding involving the license, pennit or other
entitlement for use. If an individual acting as an agen[ is also acting as an employee or member
of a la��, architectural, eneineering or consulting firm, or a similar entity or corpora[ion, both the
entiCy or corporation and the individual are '`agents."
B. "Candidate" means a candidate for any ciry elective offec, the candidate`s campaign
committee, committee(s) controlled by the candidate, agents of the candidate; and any person
actine at the behest of a candidate. An incumbent shall be presumed to be a candidate unless he
or she files a ���ritten statement with the city clerk stating that he or she does not intend to be a
candidate for the ne�t election for his or her office.
C. "City campai�n statemenP' means the statement which, to the e�tent practicable, shall be
similar to or consolidated with that required b;� state law.
D. "City elective office" means the offices held by members of the city council and any other
separately elected offices of the city.
E. "Contributions' are defined in a manner identical with the definition found in Govenunent
Code Section 8201� and any related provisions in the Califomia Code of Regulations, ezcept
that; notwithstandins an�rthing contained herein to the contrary, a payment by a third party to, or
for the benetit of. a councilperson, made and used for the e�pmss purpose of offsetting costs
alreadv incurred by that councilperson in the defense of a criminal or administrative
prosecutorial ac[ion against said councilperson, or for the purpose of offsetting costs already
incurred by councilperson in a declaratory relief action or in enforcement of any perceived rights
under the Elections Code or municipal code during the period of the campaign, and not made or
used forthe purpose of aiding in the election of said councilperson. and not made within (before
or after) 100 da�•s of an election in ���hich the councilperson is competing for a seat or office.
shall not be deemed to be a contribution for the purposes of this chapter.
F. "Intermediary" means a person «�ho deli��ers to a candidate or committee a contribution
from another person, unless such contribution is from the person's emplo��er, immediate famil��
or an association to ���hich the person belones. I�o person ���ho is the treasurer ofthe committee to
n�hich the contribution is made or is the candidate who controls the committee to ���hich the
contribution is made shall be an intertnedian• for such contribution.
G. "Organization ' means a proprietorship, labor union, firm. partnership, joint ��enture;
s�mdicate, business, trust, compan}�, corporation. association. or committee, includin� a political
action committee.
H. "Person" means a natural indi��idual.
L "Political purpose' means an action b�� a candidate for the purpose of influencine, or
attemptine to influence, either directly or indirecd�•, the actions of the ��oters for or asainst the
election of that candidate or an��other candidate for the same cit��elective office.
J. "Stare campaien statemenr' means an itemized repon �vhich is prepared on a form
prescribed b�� the Fair Political Practices Commission and ���hich provides the information
required b��Chapter 4 of Title 9 of the Go��emment Code.
K. "Pam�` means any person ���ho files an application for, or is the subject of a proceeding
involvine a license. permit or other entitlement for use.
L. "Participant ' means any person ���ho is not a part��, but �+�ho acti��el�� supports or opposes a
panicular decision in a proceedine im�oh�ine a license, permit, or other entidement for use. and
�~�ho has a financial interest in the decision as described in Article 1 (commencing ���ith Section
87100) of Chapter 7 of the Government Code. A person actively supports or opposes a particular
decision in a proceedine if he or she lobbies in person the officers or employees of the cin•;
testifies in person before the city, or othenvise acts to influence officers of the cit}•.
M. "Regulated independent e�penditure committee" means an independent espenditure
committee, as defined in Government Code Sections 820li and 82031. �ahich supports or
opposes in ���hole or in part a candidate for citv elective office. if contributions are made to said
committee �aith the intent that they, or a comparable amount of funds othenvise owned b��, or
under the control of the committee, be used to support or oppose a particular candidate for a cit�-
electi��e office. (Ord. 2769 § l. 1999; Ord. 2661 � I, 1996: Ord. 26�4 § l, 199�; Ord. 2434 y l.
1991; Ord. 2391 y 1. 1990; Ord. 2334 § l, 1989; Ord. 2298 � l. 1989).
2.�2A�0 Limitation on contributions from persons.
A. Time Limitation for Making Contributions. \'o person shall make a contribution to any
candidate for cit�• elective offices or to am� reeulated independent espenditure committee sooner
than 11 months preceding an election contest but in no e��ent sooner than the date upon «�hich the
holdine of the election contest becomes certain, and no such candidate or such reeulated
independent espendimre committee shall accept from an�•person such a contribution.
B. Monetary Limitation for Makine Contributions. No person shall make to any candidate for
city elective office or to am� resulated independent expenditure committee, and no such
candidate or such regulated independent espenditure committee shall accept from am� person.
such contribution or contributions totallins more than S?�0.00 for a sinele election contest. To
the eztent federal la��� prohibits limitations on e�penditures, this chapter is meant to be consistent
�vith federal la���.
1. Same Day, Same Office, Multiple Election Rule. For the purposes of this section,
multiple elections scheduled to be held on the same day for the same office, but for different
terms, such as in [he case of a special election to be held to fill a ��acancy; and a eeneral
municipal election to be held to fill a full-length term, shall be deemed to be a single election for
determining the monetary limitation. This section is deemed to be declaratory of existing la�i�,
and shall apply to all contributions received prior to and after the effective date of the ordinance
codified in this chapter or if the contribution was intended to be used in connection with the
election commencing in March, 1996. To the extent that the operation of this section requires the
retum of am� contributions in e�cess of the limitation herein imposed, the candidate and/or
reeulated independent espendimre committee shall so return such excess contribution. (Ord.
2661 § 1, 1996; Ord. 26�4 § 1, 199�; Ord. 2�8] § l, 1993; Ord. 2334 § 2, 1989; Ord. 2298 § I,
1989).
2.52.060 Prohibition of contributions by organizations.
A. Prohibition. No organization (e.g., corporation, partnership, trust, association, committee,
etc.) shall make a contribution to any candidate, or to any regulated independent expenditure
committee, and no such candidate or regulated independent expenditure committee shall accept a
contribution from an oreanization.
B. Rule of Attribution to Organization. All contributions made by a person H�hose contribution
activity is financed, maintained or controlled by an organization or any other person shall be
deemed to be made by that organization or other person. If the contribution is deemed made by
an organization, it is prohibited by subsection (A) of this section. I( deemed to be made by
another person, it shall constitute a contribution by a `committee"(a form of"organization") and
thereby also is prohibited by subsection (A). (Ord. 2661 § l, 1996; Ord. 2654 § 1, 1995; Ord.
2334 § 3, 1989; Ord. 2298 § ], 1989).
2.52.070 Written solicitations by candidates.
Any candidate making a ���ritten solicitation for a contribution for his or her campaign for city
elective office shall include the following �vritten notice in no less than 10-point type on each
such solicitation:
\'OT1C6
Ordinanee No. 2298 of'the Citp o1'Chula Vista limits coniributions to campaigns for eity elective oftiee,
cither ro candidate controlled committees or to regulaled independent expendiwre�committees, to two
hundred fifry dollars per contributor. N�hen contributions from an individual cumulatively amount to one
hundred dollars or more, the complete name, address, occupation and emplo�•er (or name of business if
self-employed)of each donor must be reported in the city campaign statement.
(Ord. 266] § 1, 1996: Ord. 26�4 § l, 199�; Ord. 2298 § 1; 1989).
2.52.080 Returned contributions.
A contribution shall not be considered [o be received if it has not been negotiated, deposited,
or utilized, and is returned to the donor ���ithin 10 days of receipt, or no later than the date on
which the candidate is required to file a state or cih� campaign statement, ��•hichever date is
earlier. (Ord. 2661 § l. 1996: Ord. 26�4 § l, 199�: Ord. 2298 § 1. 1989).
2.52.090 Loans.
A. A loan shall be considered a contribution from the maker and the euarantor of the loan and
shall be subject to [he contribution limitations of this chapter. Loans from the candidate to him or
herself shall be subject to the contribution limitations of this chapter.
B. The proceeds of a loan made to a candidate by a commercial lendine institution in the
reQular course of business on the same terms available to members of the public and ���hich is
secured or euaranteed personalh• and solel�� b�� the candidate shall not be subject to the
contribution limits of this chapter.
C. E�tensions of credit; other than loans pursuant to subsection (B) of this section. for a period
of more than 30 da��s are subject to the contribution limits of this chapter. (Ord. 2661 � I, 1996;
Ord. 26�4 � I, 199�: Ord. 2298 � 1, 1989).
2.�2.100 Famil)' contributions.
A. Contributions bv a husband and ���ife shall be treated as separate contributions and shall not
be ae�reeated, ���here the checks are drawn separately and siened by the spouse makina the
contribution.
B. Contributions b}� children under the aee of 18 shall be treated as contributions b�• [heir
parents and attributed proportionately to each parent (one-half to each parent or the total amount
to a sinele custodial parent). (Ord. 2661 y I, 1996; Ord. 26�4 y 1, 199i; Ord. 2298 § 1, 1989).
2.52.105 Notice regarding personal funds.
A. No candidate or other person, includine a reeulated independent expenditure committee:
shall expend or contribute more than ��_000 in personal funds in connection �vith an election
campaign, unless and until the followine conditions are met:
l. Written notice of the candidate's or other person's intent to so e�pend or contribute in
excess of��,OOOshall be provided to the city clerk and all opponent candidates. The notice shall
be delivered personally or sent by registered mail and shall specify the amount intended ro be
expended or contributed; and
2. All personal funds to be espended or contributed b�� the candidates shall first be
deposited in the candidate's campaian contribution checking account at least 21 da��s before the
election. The required notice shail be ei��en no later than 24 hours after the date of the deposit or
21 davs prior to the election, �vhiche��er occurs first.
B. If sent by mail, the notice to opponent candidates shall be sent to the last I:no�vn address of
the opponent candidates as sho�+�n in the records of the cin� clerk. (Ord. 2661 y l. 1996; Ord.
26�4 § l; 199�; Ord. 2334 § 4, 1989).
2.52110 One campaign committee and one checking account per candidate.
A candidate for city elective office shall have no more than one campaign committee and one
checking account for each election. from which all contributions shall be accounted for, and out
of which all expenditures shall be made.
A. Same Day, Same Office; Multiple Election Rule. For the purposes of this section, multiple
elections scheduled to be held on the same day for the same office, but for different terms (such
as in the case of a special election to be held to fill a vacancy in a seat, and a general municipal
election to be held to fill a full-length term for same seat) shall be deemed to be a single election
for the purposes of this section. (Ord. 2661 § 1, 1996; Ord. 2654 § ], 199�; Ord. 2298 § I. 1989).
2.52.120 Prohibition on transfers.
A. No candidate for city elective office and no regulated independent expenditure committee
shall make any contribution from campaign funds intended for one candidate to another
candidate running for city elective office or to a candidate for a noncity elective office or to
another re�ulated independent expenditure committee. This section shall not prohibit a candidate
from making a contribution from his or her o�i�n personal funds to his or her candidacy or to the
candidacy of any other candidate for elective o�ce.
B. No candidate or regulated independent eapenditure committee shall use or transfer
contributions received for one campaign for city elective office to any other campaign by the
same person as a candidate for the same office or any other elective office consistent with state
law, except that a candidate eligible to compete in a consequent runoff contest ma}� transfer
contributions received for the predecessor election contest to that candidate's campaign
committee for the runoff election contest.
C. The use ofany funds ���hich ���ere received prior to January I, 1989 shall be govemed by the
Political Reform Act (Government Code Section 81000, et seq.) and any regulations adopted by
the Fair Political Practices Commission pursuant thereto. (Ord. 2661 § I, 1996; Ord. 2654 § 1,
199�; Ord. 2298 § 1. 1989).
2.52130 Contents of city campaign statements.
A. All cit�y campaign statements required to be filed with the city clerk pursuant to t'his chapter
shall contain the following information:
l. The information required by Govemment Code Section 84211 and any adminis[rative
regulations adopted pursuantthereto; and
2. Any information required by the ciq�clerk.
B. All city campaign statements required to be filed ���ith the ciq� clerk pursuant to this chapter
shall be on a form prescribed by the city clerk. To the e�tent practicable, such form should be
similar to, or consolidated �aith, those required by state law. (Ord. 2661 § 1, 1996; Ord. 26�4 § l,
199�; Ord. 2298 § 1, 1989).
2.52.140 Duties of treasurers and candidates.
All cit�� campaien statements filed under this chapter shall be signed under penalty of perjury
and verified b�� both the candidate and the campaign treasurer. The verification shall state that
the candidate and the campaien treasurer ha��e used all reasonable dilieence in its preparation,
and that to the best of their knowledee it is true and complete. (Ord. 2661 § l: 1996; Ord. 26�4
§ 1: 199�; Ord. 2298 y 1, 1989).
2.�2.1�0 Duties of city clerk��-ith respect to campaign statements.
A. It shall be the duty of the cit�•clerk to determine �t�hether required city campaien statements
ha��e been filed. The cin� derk is hereb�• authorized to make that determination onl�� from facts
and infortnation ���ithin his or her I:no�t•ledee. and is not required to conduct an im•estigation to
determine �vhether or not a candidate has an oblieation to file a city campaign statement.
B. It shall be the dut�� of the cin� clerk to determine ���hether citv campaien statements filed
conform on their face ���ith the requirements of this chaprer.
C. It shall be the dut�� of the city clerk to accept for filine any city campaign statement H�hich
this chapter requires to be filed. In those cases ���here the citv clerk discovers in his or her re��ie���
of cit�- campaien statemenu that a candidate has filed an incorrect, incomplete or illeeible
statement, or a statement ���hich cannot be reproduced. he or she shall promptly notify the
candidate of the error or omission.
Ho�+�ever, no notification is required in those cases in �vhich the errors or omissions are minor
ones which do not recur throuehout the statement. An error or omission is minor if it does not
result in omission of the amount of an indi�•idual contribution or ezpenditure. An error or
omission in connection with the identification of a donor or intertnediary is minor if such person
, is identified b�� name and either street address. oceupation. emplo��er or principal place of
business. An error or omission in connection �ti•ith the identification of the recipient of an
espenditure or person pro��idine wnsideration for an e�penditure is minor if such person is
identified b�� name. (Ord. 2661 y l. 1996: Ord. 26�4 5 ], 199�: Ord. 2391 § 2, 1990; Ord. 2298
y 1. 1989).
2.�2.160 Audits.
A. The cih� finance director ma�� make. or have made. im�estigations or audits u�ith respect to
anv cit�-campaign statements required by this chapter, or an��campaign accounts for cin�electi��e
office maintained by am� candidate. at an}� time bet���een the last day for filine a declaration of
candidac�� for a cit�� electi��e of�ice and one vear follo�+�ine the date of the election in �vhich a
candidate is elected to that citv elective office.
B. Am� candidate ���hose campaign statements are subject to an im�estieation or audit b�� the
ciq� shall pro��ide the finance director ���ith all financial records. documents and am� other
information or material required b�• the finance directoc (Ord. 2661 § l. 1996: Ord. 26�4 � l;
199�; Ord. 2298 y 1, 1989).
2.�2.165 Disqualification and disclosure.
Repealed bv Ord. ?8a9 �' 1, 3001. (Ord. 2661 y 1, 1996: Ord. 26�4 y l. 199�; Ord. 2334 y �,
1989).
2.52.170 Criminal sanctions.
Any knoti�in� or H�illfu] violation of any provision of this chapter may be prosecuted either as
an infraction or as a misdemeanor at the discretion of the prosecutor. (Ord. 2661 § 1, 1996; Ord.
26�4 § 1, 199�; Ord. 2298 § 1. 1989).
2.52.180 Injunctive relief.
Any candidate or other resident of the ciq� may bring an action, at any time, in a court of
competentjurisdiction to enjoin acmal or threatened violations, or to compel compliance with. or
to obtain judicial declarations regarding, the provisions of this chapter. (Ord. 2661 § 1. 1996;
Ord. 26�4 § l; 199�; Ord. 2298 � I, 1989).
2.52.190 Enforcement.
A. The city attorney shall not im�estigate or prosecu[e any alleged violations of the chapter,
but shall defend the constitutionality and legality of this chapter in any civil proceeding in H�hich
the city or the city council is a party.
B. Revie��� of complaints of violation of this chapter and criminal prosecution thereof shall be
commenced only by the district attomey, unless the district attomey fails or refuses to
investiQate; in which case the special counsel shall be the Attorney General. Ho��ever, if the
Attorney General shall fail or refuse to investigate a bona fide allegation of the violation of this
chaptec the special counsel shall be such other qualified and independent attorney �+�ho shall be
appointed by the city attorney; e�cept and unless the alleged violation of this chapter concerns or
involves the city�attorney; in which case said special counsel shall be appointed by a majority
vote of the city council. No enforcement or prosecution or action of special counsel shall be
subject to the revie���or control of the city council or the city at�torney.
C. Any person residing in the city who believes that a violation of this chapter has occurred
may file a �i�ritten complaint requesting investigation of such violation by the special counseL If
the special counsel determines that there is reason to believe a violation of this chapter has
occurred, it shall conduct an investigation and may commence such administrative, civil. or
criminal legal action as it deems necessary for the enforcement of this chapter.
D. The special counsel shall have such investigative powers as are necessary for the
performance of duties described in this chapter and may demand and be fumished records of
campaign contributions and expenditures of any person or committee at any time. In the event
that production of such records is refused, the special counsel may commence civil litigation to
compel such production.
E. The special counsel shall be immune to liability for its enforcement of this chapter.
F. The special counsel may maintain on behalf of the city, or a candidate or other resident of
the city may maintain on their o��m behalf, a civil action to recover personally from a candidate
any contributions received by the candidate in eacess of the contribution limits established by
this chapter or any contributions H�hich a candidate fails or refuses to remit to the city clerk or
return to the donor. Any money recovered in any action maintained pursuant to this section shall
be deposited in the campaign enforcement fund.
G. Any action alleging violation of this chapter must be commenced within four years of the
time the alleged violation occurred.
H. Violations im•olvine «�illful acceptance of cumulati��e illegal contributions of �2.�00 or
more shall constitute a crime of moral turpitude pursuant to cin• Charter Section 303. (Ord. 2661
§ 1, 1996: Ord. 26�4 § 1, 199�: Ord. 2391 § 3, 1990; Ord. 2298 § l. 1989).
2.�2.200 Se��erabilit��.
If any pro��ision of this chapter, or the application of any such pro��ision to am� person or
circumstances, shall be held invalid. the remainder of this chapter to the estent it can be siven
effect. or the application of those pro��isions to persons or circumstances other than those as to
�ti�hich it is held im•alid, shall not be affected thereb�•, and to this end the provisions of this
chapter are se��erable. (Ord. 2661 5 l. 1996; Ord. 26�4 y l, 199i).