HomeMy WebLinkAboutReso 2010-169RESOLUTION NO. 2010-169
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 IS 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 recommendations; and
Resolution No. 2010-169
Page 2
WHEREAS, any such suspension would require amendment to the ordinance and would
not be immediately effective; and
WHEREAS, Section 2.52.140.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 2.52.140.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 neaz
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, thereby informing the
Enforcement Authority that the ordinance is under review and that the City Council is
considering amending it.
Approved as to form by
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B . Miesfel
ity Attom
Presented by
Resolution No. 2010-169
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of June 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda and Thompson
NAYS: Councilmembers: Cox
ABSENT: Councilmembers: Ramirez
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Cheryl Cox, Iayor
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-169 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 22nd day of June 2010.
Executed this 22nd day of June 2010.
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Donna R. Norris, CMC, City Clerk