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RESOLUTION NO. 2014-231 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REDUCING THE TRANSFER FROM THE GENERAL FUND TO THE PUBLIC LIABILITY EXPENSE FUND BY $300,000 AND APPROPRIATING SAID FUNDS TO THE NON-DEPARTMENTAL SUPPLIES AND SERVICES BUDGET FOR PROJECTED ATTORNEY SERVICES EXPENSES (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
Staff is recommending reducing the transfer to the Public Liability Expense fund from the General Fund by $300,000 and appropriating these funds to the Non Departmental budget for projected attorney services expenses. This budget amendment results in no net fiscal impact to the General Fund.
ENVIRONMENTAL REVIEW
The Development Services Director 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(b)(4) of the State CEQA Guidelines because the action applies only to a government fiscal activity, transferring funds between accounts, that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; 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 at this time.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The fiscal year 2014-15 budget includes a transfer from the General Fund to the Public Liability Expense fund of $649,000. Staff is recommending reducing this transfer by $300,000 and appropriating these funds to the Non Departmental budget for attorney services expenses including attorney services for expected City initiated prosecution of illegal land use and zoning violations occurring within the City's jurisdiction. These legal expenses should be reflected in the General Fund and not in the Public Liability Expense Fund as the Public Liability Expense Fund has typically been reserved for defense matters, not prosecution. This budget amendment results in no net fiscal impact to the General Fund.
The Public Liability Expense fund ended fiscal year 2013-14 with a higher than anticipated fund balance due to lower than average expenditures in this fund. The reduction in the transfer from the General Fund to the Public Liability Fund should not have an adverse effect on this fund.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code ยง 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the Operational Excellence goal by communicating budget amendments in an open and transparent manner. This transparency supports City Initiative 1.3.1. - "Foster public trust through an open and ethical government."
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact to the General Fund as a result of these changes.
The Public Liability Expense fund ended fiscal year 2013-14 with a higher than anticipated fund balance due to lower than average expenditures in this fund. The reduction in the transfer from the General Fund to the Public Liability Fund should not have an adverse effect on this fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
None
Staff Contact: Bart Miesfeld, Senior Assistant City Attorney