Loading...
HomeMy WebLinkAbout2010/06/22 Item 12 CITY COUNCIL AGENDA STATEMENT ~lft- CllY OF .4:::: (HULA VISTA 6/22/10, 1tcm~ ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA lvIUNICIPAL CODE CHAPTER 2.52, THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE, IN ORDER TO TEMPORARIL Y SUSPEND THE APPLICATION OF SECTION 2.52.140 CONCERNING ENFORCEMENT OF THE ORDINANCE [AND/OR] REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY CLERK TO NOTIFY ANY ENFORCEMENT AUTHORITY ENGAGED UNDER THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE THAT THE ORDINANCE [S UNDER REVIEW AND THAT COUNCIL IS CONSIDERING AMENDING IT ASS[STANT CITY ATTORN~ ASSISTANT CITY ATTOR.t"l~ 4/STHS VOTE: YES D NO ~ SUBMITTED BY: SUMMARY At the June 15,2010 City Council meeting, the City Council directed the City Attorney's Office to provide it with information regarding options that may be taken in order to effectively suspend the City's enforcement of Chula Vista Municipal Code ("CVMC") Chapter 2.52. This Agenda Statement and its attachments are submitted in response to that request. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because it does not involve a physical change to the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That the City Council take action as it deems appropriate. 12-1 6/22/10, Item /2- Page 2 of3 DISCUSSION I i ,I I. BACKGROUND The City's Charter requires the City Council to "adopt reasonable regulations related to campaign contributions" in order to "avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions." The regulations must be contained within the City's Municipal Code. (City Charter, Sec. 904.) Chula Vista Municipal Code Chapter 2.52, entitled, "Campaign Contributions," was enacted in 1989, in compliance with the charter requirement. The Campaign Contributions ordinance was most recently amended in 2007; the amendment immediately preceding that one was in 2007. Section 2.52.140 was not substantively revised in 2007. At the May 25, 2010 City Council meeting, the Council discussed the Campaign Contribution ordinance and some Council members expressed concerns with the ordinance. The Council directed the City Attorney to review the ordinance and return to Council with recommendations regarding potentially repealing or amending the ordinance. The City Attorney has undertaken a comprehensive review of the ordinance and anticipates returning to the Council in approximately 60 days with his analysis and recommendations. At the June 15, 2010 City Council meeting, Councilmember Ramirez initiated further discussion of the ordinance. The discussion was centered on the potential for repealing Section 2.52.140, containing the enforcement provisions of the ordinance. During the discussion, certain Council members voiced concerns with the Section. Those concerns included the costs that the City has incurred to investigate complaints filed in recent years, potential abuses and the possibility of duplication of the enforcement efforts of other agencies. Some members expressed a desire to repeal Section 2.52.140 but also acknowledged the need to allow the City Attorney the time necessary to complete a comprehensive review of the ordinance and prepare recommendations for amending the ordinance. The Council ultimately directed that an item be agendized to allow the Council to consider potential options for suspending enforcement of the ordinance, pending the outcome of the City Attorney's comprehensive review and analysis. The Council directed the City Attorney to prepare the item for the June 22d meeting. As our office has not had an opportunity to complete our comprehensive review and analysis of the ordinance, we are not recommending any particular action by the Council at this time. However, we have identified some potential options, as set forth below. II. OPTIONS A. Ordinance Amending Chapter 2.52 to Temporarily Suspend the Enforcement Section (2.52.140) Chapter 2.52 was adopted by ordinance; accordingly, any change to the chapter would have to be done by ordinance. Action by the Council to suspend Section 2.52.140 would constitute an amendment to the ordinance. The City Charter provides that ordinances may be amended by reenactment of the affected sections. [Chula Vista Charter Sec. 312(e).] Thus, the City Council could take action to suspend Section 2.52.140 by adoption of an ordinance. Such an ordinance would be adopted pursuant to the City's standard process for adopting ordinances: 12-2 6/22/10, Item~ Page 3 of 3 introduced at a City Council meeting; adopted at the next regular meeting; published within 15 days; and becoming effective 30 days after adoption. (Chula Vista Charter Sec. 312.) Such an amendment would not affect complaints filed 'prior to enactment of the amending ordinance and should allow for future investigation of complaints filed during the suspension. B. Resolution Informing the Enforcement Authority that the Ordinance is Under Review The existing ordinance requires that the City Clerk forward any complaint received to the enforcement authority within five days, and prohibits the City Council from reviewing or controlling "enforcemcnt or prosecution or action by the enforcement authority." [CVMC SS2.52.140(F); (H).] Thus, once a complaint is received, it must go to the Enforcement Authority and the City Council cannot act to control the Enforcement Authority's actions. These provisions cannot be suspended, amended, or repealed, except by ordinance. However, the Council could adopt a resolution setting forth the Council's concerns, explaining that the ordinance is under review and that it may be amended in the near future, and requesting that the Enforcement Authority hold its investigation in abeyance pending completion of the review and action by Council. The Council could direct the City Clerk to provide a copy of the resolution to the Enforcement Authority along with any complaint forwarded to the Enforcement Authority. The Enforcement Authority would then be able to take this information into account in determining the course of action to take upon receiving the complaint. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section I 8704.2(a)(l), is not applicable to this decision. FISCAL IMP ACT None. ATTACHMENTS I. Resolution of the City Council of the City of Chula Vista Directing the City Clerk to Notify Any Enforcement Authority Engaged Under the City's Campaign Contribution Ordinance that the Ordinance is Under Review and that Council is Considering Substantive Amendments to the Ordinance 2. Ordinance Amending Chapter 2.52, the City's Campaign Contribution Ordinance, in Order to Temporarily Suspend the Application of Section 2.52.140 Concerning Enforcement of the Ordinance 12-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY CLERK TO NOTIFY ANY ENFORCEMENT AUTHORITY ENGAGED UNDER THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE THAT THE ORDINANCE IS UNDER REVIEW AND THAT THE CITY COUNCIL [S CONSIDERING AMENDING IT WHEREAS, Chula Vista City Charter section 904 requires the City Council to "adopt reasonable regulations related to campaign contributions" in order to "avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions;" and WHEREAS, in 1989, the City adopted Chula Vista Municipal Code Chapter 2.52, "Campaign Contributions," in compliance with the City's Charter requirements, and amended the Chapter to its current form in 2007; and WHEREAS, at the May 25,2010 and the June 15,2010 City Council meetings, certain City Council members expressed concerns regarding the City's campaign ordinance, including the amount of City resources expended to investigate complaints filed under the ordinance, potential abuse of the ordinance, and potential duplication of efforts by the City and other agencies; and WHEREAS, the Council directed the City Attorney to review the ordinance and return to Council with recommendations regarding potentially repealing or amending the ordinance; and WHEREAS, the City Attorney has undertaken a comprehensive review of the ordinance and anticipates returning to the Council in approximately 60 days with his analysis and recommendations; and WHEREAS, at the June 15,2010, City Council meeting, the City Council directed the City Attorney's Office to provide it with information regarding options that may be taken in order to effectively suspend the City's enforcement of Chula Vista Municipal Code ("CVMC") 2.52.140, pending completion of the City Attorney's comprehensive review; and WHEREAS, some members expressed a desire to repeal Section 2.52.140 but acknowledged the need to allow the City Attorney the time necessary to complete a comprehensive review of the ordinance and prepare recommendations for amending the ordinance; and WHEREAS, the City Council desires to suspend enforcement of Chapter 2.52, pending completion of the City Attorney's review and consideration of his recornmendations; and 12-4 1 i I I I ! I I I I I I I I Resolution No. Page 2 WHEREAS, any such suspension would require amendment to the ordinance and would not be immediately effective; and WHEREAS, Section 2.52.l40.F. requires the City Clerk to forward any complaint alleging violations of Chapter 2.52, to the Enforcement Authority within five working days of receiving the complaint; and WHEREAS, the City Council acknowledges that, Section 2.52.l40.H., provides that no "enforcement, prosecution, or action of the Enforcement Authority shall be subject to the review or control of the City Attorney or City Council;" and WHEREAS, the City Council desires to inform the Enforcement Authority, as defined in Chapter 2.52, that the ordinance is under review, that the Council is considering suspending the enforcement provisions of the ordinance and that the ordinance may be amended in the near future; and WHEREAS, Council requests that the Enforcement Authority hold in abeyance its investigations for a period of 60 days, so long as there is no prejudice to any investigation, to permit the City Attorney's Office to complete its comprehensive review and for City Council to take action on the City Attorney's recommendations; and WHEREAS, the City Council desires the City Clerk to provide a copy of this resolution to the Enforcement Authority, along with any complaint that is filed under Chapter 2.52, during the six month period immediately following adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby direct the City Clerk to provide a copy of this resolution to Enforcement Authority engaged under the City's campaign contribution ordinance", the thereby informing the Enforcement Authority that the ordinance is under review and that the City Council is considering amending it. Presented by Approved as to form by IJ ~fJRdiY! ) ~at7'(;~[" lil '. 'GitY !Attorney (/ 12-5 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.52, THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE, IN ORDER TO TEMPORARILY SUSPEND THE APPLICA nON OF SECTION 2.42.140 CONCERNING ENFORCEMENT OF THE ORDINANCE WHEREAS, Chula Vista City Charter section 904 requires the City Council to "adopt reasonable regulations related to campaign contributions" in order to "avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions;" and WJEREAS, in 1989, the City adopted Chula Vista Municipal Code Chapter 2.52, "Campaign Contributions," in compliance with the City's Charter requirements, and amended the Chapter to its current form in 2007; and WHEREAS, at the May 25,2010 and the June 15,2010 City Council meetings, certain City Council members expressed concerns regarding the City's campaign ordinance, including the amount of City resources expended to investigate complaints filed under the ordinance, potential abuse of the ordinance, and potential duplication of efforts by the City and other agencies; and WHEREAS, the Council directed the City Attorney to review the ordinance and return to Council with recommendations regarding potentially repealing or amending the ordinance; and WHEREAS, the City Attorney has undertaken a comprehensive review of the ordinance and anticipates returning to the Council in approximately 60 days with his analysis and recommendations; and WHEREAS, at the June 15, 2010, City Council meeting, the City Council directed the City Attorney's OtIice to provide it with information regarding options that may be taken in order to effectively suspend the City's enforcement of Chula Vista Municipal Code ("CVMC") Chapter 2.52, pending completion of the City Attorney's comprehensive review; and WHEREAS, some members expressed a desire to repeal Section 2.52.140 but acknowledged the need to allow the City Attorney the time necessary to complete a comprehensive review of the ordinance and prepare recommendations for amending the ordinance; and WHEREAS, the City Council desires to suspend enforcement of Chapter 2.52, pending completion of the City Attorney's review and consideration of his recommendations; and 12-6 Ordinance No. Page 2 WHEREAS, the City Charter Section 3l2( e) provides that ordinances may be amended by reenactment of the affected sections; and WHEREAS, any complaints filed under Section 2.52.140 prior to the effective date of this ordinance would be enforced pursuant to the existing ordinance and would not be affected by this amendment to the ordinance; and WHEREAS, the suspension of the enforcement of Chapter 2.52 is intended to be temporary, pending review and potential substantive revisions to the ordinance, and any complaints filed during the pendency of the suspension shall still be subject to investigation and action in the future, in accordance with any amendments to the ordinance that the Council may. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I. ACTION A. Pending a review and consideration by the City Council of possible amendments to Chula Vista Municipal Code Chapter 2.52, the application of the provisions contained in Section 2.52.140 are hereby suspended. B. Nothing in this ordinance shall effect complaints filed under Chapter 2.52 prior to the adoption of this ordinance. C. Any complaints filed under Chapter 2.52 during the pendency of this suspension shall be subject to review, investigation and enforcement after the' suspension expires, pursuant to the ordinance provisions in effect at that time. D. This ordinance shall expire 120 days after the date of its final adoption, or upon the enactment of an amendment to Chula Vista Municipal Code Section 2.52.140, whichever comes first. SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form by Jill Maland Assistant City Attorney ~~f-Q.jJ;r:l Q~J art Mles '~ ~~i~ ttorney'~ 12-7