HomeMy WebLinkAboutOrd 2010-3159ORDINANCE NO.3159
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 APPLICATION
OF SECTION 2.52.140 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
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)
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 Attomey's review and consideration of his recommendations; and
Ordinance No. 3159
Page 2
WHEREAS, the City Charter Section 312(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
have.
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 aze 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
Jill ~ Ialand
Assistant City Attorney
Approved as to form by
Ordinance No. 3159
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of July 20] 0, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda and Ramirez
NAYS: Councilmembers: McCann and Cox
ABSENT: Councilmembers: None
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Cheryl Cox, Mayor
ATTEST:
Donna R. Norris, 'MC, 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
Ordinance No. 3159 had its first reading at a regulaz meeting held on the 22nd day of June 2010
and its second reading and adoption at a regular meeting of said City Council held on the 13th
day of July; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Executed this 13th day of July 2010.
Donna R. Noms, MC, City Clerk