HomeMy WebLinkAbout2004 06-22 CC ADJ AGENDA PKTAGENDA OF THE ADJOURNED REGULAR MEETING
NATIONAL CITY CITY COUNCIL
CITY COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY — JUNE 22, 2004 - 8:30 A.M.
Due to scheduling conflicts, this meeting may be held at the Martin
Luther King Center located at 140 E. 12th Street in National City. The
location of the meeting will be announced at 8:30 AM on June 22, 2004.
OPEN TO THE PUBLIC
1. Civic Center — 3rd Floor Update Project (Presentation)
2. Discussion of City Council -sponsored initiative pertaining to term limits
for the Mayor's office, ethics and campaign contribution limitations.
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought
back on a subsequent Council agenda unless they are of a demonstrated
emergency or urgent nature.
ADJOURNMENT
Next Regular City Council Meeting — Tuesday, July 6, 2004 - 6:00 p.m. -
Council Chambers, Civic Center
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ITEM #1
6/22/04
CIVIC CENTER - 3RD FLOOR UPDATE PROJECT
PRESENTATION
ITEM #2
6/22/04
DISCUSSION OF CITY COUNCL-SPONSORED
INITIATIVE PERTAINING TO TERM LIMITS FOR THE
MAYOR'S OFFICE, ETHICS AND CAMPAIGN
CONTRIBUTION LIMITATIONS.
ORDINANCE NO. 2004 —
DRAFT
AN ORDINANCE OF THE PEOPLE OF
NATIONAL CITY AMENDING TITLE 2
OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING
THERETO CHAPTER 2.72 PERTAINING TO A TERM LIMIT
FOR THE OFFICE OF MAYOR, CHAPTER 2.74 PERTAINING
TO ETHICS, AND CHAPTER 2.76 PERTAINING
TO CAMPAIGN CONTRIBUTION LIMITS
The People of the City of National City do ordain as follows:
Section 1. That Chapter 2.72 is hereby added to the National City Municipal
Code, to read as follows:
Chapter 2.72
TERM LIMIT FOR THE OFFICE OF THE MAYOR
Sections:
2.72.010
2.72.020
Term limit for the office of the Mayor
Eligibility for retirement plan
2.72.010 Term limit for the office of the Mayor. No person shall be eligible
for nomination and election to the office of Mayor for more than two (2) terms, and no
person who has held the office of Mayor for two (2) terms, may again seek nomination
and election to saki office; provided, however, that any person who is appointed by the
City Council to fill the office of Mayor or elected in a special election for the balance of a
regular term of Mayor for a period of two (2) years or Tess may seek nomination and
election for two (2) full terms thereafter. This Section shall apply prospectively to full
terms commencing after the November 2, 2004 general municipal election.
2.72.020 Eligibility for retirement plan. An elected Mayor who holds that
office on July 1, 2004, and serves no more than two (2) complete terms as Mayor (not
to exceed eight years of service) subsequent to the November 2, 2004 general
municipal election shall qualify for the defined benefit retirement plan set forth in
Appendix A.
Section 2. That Chapter 2.74 is hereby added to the National City Municipal
Code, to read as follows:
2004 Ordinance
1 NCMC 2.72, 2.74 & 2.76
Sections:
2.74.010
2.74.020
Chapter 2.74
ETHICS
Code of Ethics established
Unethical conduct
2.74.010 Code of Ethics established. In enacting this Chapter, it is the
intention of the City Council that the day-to-day conduct of the City's business should be
carried out in an ethical environment. To accomplish this goal, the City Council hereby
establishes the National City Code of Ethics, which shall be contained in Policy 116 of
the City Council Policy Manual. Said Code of Ethics is intended to serve the following
interests:
A. To encourage high standards of behavior by the City's elected officials;
B. To increase public confidence in the institutions that serve the public; and
C. To assist the City's elected officials with decision -making.
The National City Code of Ethics is set forth in Appendix B.
2.74.020 Unethical conduct. Beginning with the November 2, 2004 general
municipal election, each elected official of the City shall be furnished a copy of the
National City Code of Ethics by the City Clerk. Within thirty (30) days of receipt of a
copy of the Code of Ethics, each elected official shall execute a statement affirming that
they have read and understood the Code. It shall be considered unethical conduct for
an elected official of the City to violate any provision of the Code of Ethics, the penalty
for which may include censure by the City Council.
Section 3. That Chapter 2.76 is hereby added to the National City Municipal
Code, to read as follows:
Chapter 2.76
CAMPAIGN CONTRIBUTIONS
Sections:
2.76.010 Purpose
2.76.020 Relation to Political Reform Act of 1974
2.76.030 Limitations on contributions
2.76.040 Additional prohibitions
2.76.050 Money received by officials treated as contributions
2.76.060 Penalties for violations
2.76.070 Enforcement
2.76.080 Amendments and additional requirements
2.76.090 Severability
2004 Ordinance 2 NCMC 2.72, 2.74 & 2.76
2.76.010 Purpose. The purpose of this Chapter is to ensure that the
financial strength of certain individuals or organizations does not permit them to
exercise a disproportionate or controlling influence on the election of City candidates.
To achieve such purpose, this Chapter is designed to reduce the influence of large
contributions, to ensure that individuals and interest groups continue to have a fair and
equal opportunity to participate in electing City candidates, and to maintain public trust
in governmental institutions and the electoral process.
2.76.020 Relation to Political Reform Act of 1974. This Chapter is intended
to supplement the Political Reform Act of 1974. Unless a word or term is specifically
defined in this Chapter, or the contrary is stated or clearly appears from the context,
words and terms used herein shall have the same meaning as defined or used in Title 9
of the Califomia Govemment Code, in which the Political Reform Act of 1974 is codified,
and as supplemented by the Regulations of the Fair Political Practices Commission as
set forth in Title 2, Division 6 of the Califomia Code of Regulation, as the same may be,
from time to time, amended.
2.76.030 Limitations on contributions.
A. No individual shall contribute to any candidate for elective office or the
controlled committee of such a candidate, and no such candidate or the candidate's
controlled committee shall accept from any individual, a contribution or contributions
totaling more than three hundred dollars ($300) for each election in which the candidate
is on the ballot or is a write-in candidate.
1. The contribution limitation shall apply separately to each special,
recall, primary, or general election, as well as to any proceeding to qualify and place
upon the ballot a petition to recall a member of the City Council.
2. The contribution limitation shall not apply to a candidate's personal
funds or those of his or her relatives, defined to mean the following relationships by
blood, marriage or adoption: spouse, child, parent, sibling, grandparent, grandchild,
aunt, uncle, first cousin, corresponding step -relations and corresponding in law -
relations.
3. A contribution shall not be considered to be received if it is nether
negotiated, deposited, and/or utilized by the candidate's controlled committee, provided
that the contribution must be retumed to the donor within fourteen (14) days of receipt.
Failure to retum the contribution within fourteen (14) days shall be deemed to be
acceptance.
2.76.040 Additional Prohibitions.
A. No person who contracts with the City for the rendition of personal
services, for the fumishing of any material, supplies or equipment to the City, or for
selling any land or building to the City, whenever the value of such transaction exceeds
five thousand dollars ($5,000), shall make any contribution to an elected City Council
member of the City, candidate for the office of City Council member, or committee
controlled by such official or candidate at any time between the commencement of
negotiations and either the completion of the performance under or the termination of
negotiations for such contract, whichever occurs later.
2004 Ordinance 3 NCMC 2.72, 2.74 & 2.76
B. No person shall make a contribution to any candidate for elective office or
the controlled committee of such a candidate, and no such candidate or controlled
committee shall accept from any person such a contribution sooner than eleven (11)
months preceding a single election contest.
C. Candidates for elective office may not transfer funds between committees
for other elective offices or between nonelective office committees and elective office
committees.
D. No candidate for elective office or the controlled committee of such a
candidate shall accept any contribution from a non -individual, including a firm,
partnership, joint venture, syndicate, business trust, company, corporation,
associations, committee and any other organization or group of persons acting in
concert.
E. No person shall receive or personally deliver or attempt to deliver a
contribution in any building which the City owns or for which the City pays the majority
of the rent. For purposes of this Subsection, "personally deliver" means delivery of a
contribution in person or causing a contribution to be delivered by an agent or
intermediary, other than the United State mail.
F. No individual or combination of individuals acting jointly shall make directly
or indirectly a contribution in the name of another individual or combination of
individuals.
2.76.050 Monet/ received by officials treated as contributions. Any funds,
property, goods or services, other than govemment funds, received by elective City
officials which are used, or intended by the donor or by the recipient to be used for
expenses (including legal expenses) related to holding public office, shall be considered
campaign contributions and shall be subject to the limitations of this Chapter.
Reimbursement for reasonable travel expenses related to holding public office shall be
excluded from the provisions of this Section.
2.76.060 Penalties for violation.
A. Notwithstanding any other provision of this Code, including without
limitation the provisions of Section 1.20.010 of said Code, any violation of any provision
of this Chapter shall be enforceable solely as provided in this Section. There shall be
no criminal penalties for violation of this Chapter.
B. Civil liability. Any person who violates or otherwise fails to comply with
any provision or requirement of this Chapter shall be liable to the City in a sum not to
exceed the following amount for such violation:
1. For the making or accepting of any contribution in excess of the
applicable contribution limits specified in this Chapter, a sum equal to three times the
amount by which the contribution exceeds the applicable contribution limit, or the sum of
twenty-five hundred dollars ($2,500), whichever is greater, for each violation.
2. For any other violation of this Chapter, the sum of five hundred
($500) for each violation.
C. Debt owing to City. Any amount due from any person pursuant to this
Subsection shall be a debt due and owing upon demand to the City.
2004 Ordinance 4 NCMC 2.72, 2.74 & 2.76
D. Civil actions for violations of this Chapter shall be commended within two
(2) years after the date on which the violation occurred.
2.76.070 Enforcement.
A. The City Attorney shall not investigate or prosecute alleged violations of
this Chapter, but shall defend the constitutionality and legality of this 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. The City Attorney shall solicit proposals from attorneys to act as special
counsel one hundred eighty (180) days prior to a city election. As part of the annual
budget process, the City Council shall appropriate a sufficient amount to fund the
retention of special counsel. Said funds shall be separate from the City Attorneys
budget and used solely for the investigation and prosecution of alleged violations of this
Chapter.
D. The City Attorney shall appoint a panel of no Tess than three attorneys to
act as special counsel. Said attorneys shall be compensated by the City and shall
serve as the enforcement authority for this Chapter. 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 of perjury, by a resident of the City to the City Clerk. Said complaint shall state
the full allegation of facts that would constitute a violation of this Chapter. • The
complaint must be filed within ninety (90) days of discovery of the alleged violation, but
no later than one hundred eighty (180) days from the date of the election.
F. The City Clerk shall forward the complaint to the randomly assigned
special counsel from the panel of attorneys appointed by the City Attorney within five (5)
working days 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 of this Chapter may be pursued through civil proceedings
brought by the special counsel. Special counsel may also commence and prosecute
any necessary administrative proceedings or civil litigation to compel compliance with
this 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 the subject of a complaint filed with the Fair Political
Practices Commission.
J. Special counsel shall be immune from liability for enforcement of this
Chapter.
2004 Ordinance 5 NCMC 2.72, 2.74 & 2.76
2.76.180 Amendments and additional requirements. The City Council shall
review the contribution limitations contained in this Chapter in January of every fourth
(4th) year commencing in January, 2006, and determine whether such limitations shall
be increased, decreased, or remain the same. The City Council shall be permitted at
any time to enact supplemental limitations which do not conflict with this Chapter as
approved by the voters at the November 2, 2004 general municipal election. In the
event the City Council determines that such limitations should be amended or
supplemented, it shall do so by adopting an ordinance amending this Chapter.
2.76.090 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.
PASSED and ADOPTED this
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
day of , 2004.
Nick Inzunza, Mayor
2004 Ordinance 6 NCMC 2.72, 2.74 & 2.76