RPVCCA_SR_2010_01_19_11_Repeal_CH_2.30CITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:HONORABLE MAYOR &CITY COUNCIL MEMBERS
FROM:CAROL LYNCH,CITY ATTORNEY
DATE:JANUARY 19,2010
SUBJECT:REPEAL OF CHAPTER 2.30 OF THE MUNICIPAL CODE
REVIEWED:CAROLYN LEHR,CITY MANAGER 09-
RECOMMENDATION
INTRODUCE ORDINANCE NO._,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES,REPEALING CHAPTER 2.30 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO VOLUNTARY CAMPAIGN EXPENDITURE
LIMITATIONS.
BACKGROUND
In 1997,the City Council adopted Ordinance No.322,pursuant to the authority of
Proposition 208,which was passed by the California voters on November 5,1996.
Proposition 208 established contribution limits for candidates for local governmental
offices.The City's ordinance,which is codified in Chapter 2.30 of the Municipal Code,
established voluntary campaign expenditure limits so as to comply with the provisions
of Proposition 208.
However,after California's voters passed Proposition 208,it was challenged in federal
court in a case entitled California Prolife Council PAC v.Scully,989 F.Supp.1282
(E.D.Cal.1998).On January 6,1998,the Federal District Court in Scully issued an
injunction barring enforcement of Proposition 208 on the grounds that it was
unconstitutional,because the campaign contribution limits were so low that they
precluded an opportunity to conduct a meaningful campaign.
In 1999,in response to the Scully decision,the City Council adopted Ordinance No.
347,which suspended the enforcement of Chapter 2.30 and Ordinance No.322,
pending the outcome of the Scully case.
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Repeal of Chapter 2.30 of the Municipal Code
January 19,2010
Page 2 of2
Meanwhile,on November 2,2000,California voters passed Proposition 34,which
repealed the provisions of Proposition 208 relating to local campaign contribution limits.
DISCUSSION
The proposed ordinance will repeal the provisions of Chapter 2.30,which are no longer
enforceable.This ordinance cleans up an outdated Chapter of the Municipal Code and
will eliminate confusion on the part of candidates as to whether they are required to
comply with the provisions of Chapter 2.30 in future campaigns.
FISCAL IMPACT
There is no fiscal impact arising from the adoption of this ordinance.
Attachments
Chapter 2.30
Proposed Ordinance
1193974-1
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Chapter 2.30 ELECTION CAMPAIGNS VOLUNTARY EXPENDITURE CEILING
02.30.010 2.30.010 Election campaigns,voluntary expenditure ceiling.
Pursuant to Government Code Section 85400(c),a voluntary expenditure ceiling
is established for each election to city elective office in an amount equal to one
dollar per resident of the city per election in the city.As used in Section 2.30.010,
the term "city elective office"shall mean the office of member of the city council.
(Ord.322 § 3 (part),1997)
02.30.020 2.30.020,NL.ll1'lberdf'resJd'el'lts;
The city council shall determi an seven
months prior to each regular election,the number of rents in the city for
the purposes of this Chapter 2.30
(Ord.322 §3 (part),1997)
02.30.030 2.30.030 Statement of acceptance or rejection.
Prior to accepting any contributions,each candidate for city elective office shall
file with the city clerk a statement of acceptance or rejection of the voluntary
expenditure ceiling established herein.
(Ord.322 § 3 (part),1997)
02.30.040 2.30;040 Compliance with expenditure ceiHl'lg.
cepts the voluntary expenditure ceiling
ate
2.30.050 Rejection of voluntary expenditure ceiling.
Each candidate who rejects the voluntary expenditure ceiling established in
Section 2.30.010 shall be subject to the contribution limit set forth in Government
Code Section 85301,as the same may be amended from time to time.
(Ord.322 § 3 (part),1997)
02.30.060 2'.'30.0€)OAcceptance of volu ntaryexpendUureceUing.
Each cand who accepts the volunta
Section 2.shall be sUbject to
Code Sectio 02,and not the
Section 85301,as either section
as to each such candidate the ci
the candidate he
as required by
adopted pursuant to t
t
rth ent e
me to time.In addition,
ication to voters that
ling established herein,
icable regulations
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(Ord.322 §3 (part),1997)
02.30.070 2.30.070 Controlling law.
Except as provided herein,the provisions of the California Political Reform Acts
of 1974 and 1996,Government Code Sections 81000,et seq.(collectively "the
Acts")and applicable regulations adopted pursuant thereto,as the same may be
amended from time to time,shall govern the interpretation and application of this
Chapter 2.30.
(Ord.322 §3 (part),1997)
02;30.0802.30.080i"·F>el"latltiesandi.iirernedies.
The··.penalties··iand.·remecfies·ifor·'violatibns .••ofthisi.iChapter,2 •.30••·shal I be·thosei·.set
fort cts.
«(1)rd.§.3i.(Part),1>~~'7')
02.30.090 2.30.090 Suspension of enforcement.
A.In 1997,the city council adopted a local voluntary campaign expenditure limit
pursuant to the authority granted by "The Political Reform Act of 1996,"passed
by the voters as Proposition 208.The local voluntary expenditure limit ordinance,
codified as Chapter 2.30 of the Rancho Palos Verdes Municipal Code,offers
candidates certain incentives to comply with the local ceiling,all of which were
adopted as part of Proposition 208.
B.The validity of Proposition 208 has been challenged in federal court.Because
some parts of Proposition 208 were found by the trial court to be unconstitutional,
the enforcement of the entire measure has been enjoined pending appeal and
further proceedings.The city council therefore finds that the city's local voluntary
expenditure ceiling ordinance is presently unenforceable because it was adopted
pursuant to the authority of Proposition 208.
C.Enforcement of Chapter 2.30 of the Rancho Palos Verdes Municipal Code is
immediately suspended for the November,1999 regular municipal election.At
the conclusion of the currently pending litigation,the city attorney shall report to
the city council regarding the outcome of the litigation and provide further advice
as to the status of Rancho Palos Verdes Municipal Code Chapter 2.30.D.The
city council finds that the ordinance codified in this section relates to the conduct
of an election and,pursuant to California Elections Code Section 9235,shall take
effect immediately upon its adoption.
(Ord.347 §§1-4,1999)
11-4
ORDINANCE NO.__
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REPEALING CHAPTER 2.30 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO VOLUNTARY CAMPAIGN
EXPENDITURE LIMITATIONS
WHEREAS,in 1997,the City Council adopted Ordinance No.322,pursuant to
the authority of Proposition 208,which was passed by the California voters on November
5,1996,and which established contribution limits for candidates for local governmental
offices;and
WHEREAS,on January 6,1998,in a case entitled California Prolife Council PAC
v.Scully,989 F.Supp.1282 (E.D.Cal.1998),the Federal District Court issued an
injunction barring enforcement of Proposition 208 on the grounds that it was
unconstitutional,because the campaign contribution limits were so low that they precluded
an opportunity to conduct a meaningful campaign;and
WHEREAS,in 1999,in response to the Scully decision,the City Council adopted
Ordinance No.347,which suspended the enforcement of Chapter 2.30 and Ordinance
No.322,pending the outcome of the Scully case;and
WHEREAS,on November 2,2000,the voters passed Proposition 34,which
repealed the provisions of Proposition 208 relating to local campaign contribution limits;
and
WHEREAS,the City Council desires to amend the Rancho Palos Verdes
Municipal Code to delete the campaign expenditure limitation provisions,since they are no
longer enforceable;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1:The Rancho Palos Verdes Municipal Code is hereby amended by
repealing Chapter 2.30,Election Campaign Voluntary Expenditure Ceiling,in its entirety.
Section 2:Effective Date.This ordinance shall be effective on the 30 th day
following the date of its adoption.
PASSED APPROVED AND ADOPTED this __day of _
2010,by the following called vote:
Mayor
Attest:
City Clerk
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State of California )
County of Los Angeles )ss
City or Rancho Palos Verdes )
I,Carla Morreale,the City Clerk of the City of Rancho Palos Verdes,do hereby
certify that the whole number of members of the city Council of said City is five;that the
foregoing Ordinance No . _was introduced at a regular meeting of the City Council of
the City of Rancho Palos Verdes held on the day of ,2010,and
was passed at a regular meeting of the City Council of the City of Rancho Palos Verdes
held on the __day of ,2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
1199630-1
Ordinance No.
Page 2 of2
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