RPVCCA_SR_2010_02_10_03_Ord_505_Repeal_2.30CITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROL W.LYNCH,CITY ATTORNEY
FEBRUARY 16,2010
REPEAL OF CHAPTER 2.30 OF THE MUNICIPAL CODE
CAROLYN LEHR,CITY MANAGER~"
RECOMMENDATION
Adopt Ordinance No.505,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,pursuant to the authority of Proposition 208,the City Council adopted Ordinance
No.322,which is codified in Chapter 2.30 of the Municipal Code and established voluntary
campaign expenditure limits.After a federal district court in a case called California Prolife
Council PAC v.Scully,989 F.Supp.1282 (ED.Cal.1998)issued an injunction barring
enforcement of Proposition 208,the City Council adopted Ordinance No.347,which
suspended enforcement of Chapter 2.30 and Ordinance 322,pending the outcome of the
Scully case.Meanwhile,California voters passed Proposition 34 in 2000,which repealed
the relevant provisions of Proposition 208.
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enforceable.This ordinance cleans up an outdated Chapter of the Municipal Code and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.
DISCUSSION
At the City Council meeting on January 19,2010,the City Council introduced the
proposed ordinance to repeal Chapter 2.30.The proposed ordinance is now on the
agenda for a second reading and adoption.It will be effective thirty (30)days from its
passage.
Attachments:Ordinance No.505
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ORDINANCE NO.505
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 campaign contribution and expenditure 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 and expenditure 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 expenditure 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.
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PASSED APPROVED AND ADOPTED this 16 th day of February 2010.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,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.505 passed first reading on January 19,2010,was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
February 16,2010,and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
1199630-2
Ordinance No.505
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