HomeMy WebLinkAboutAgenda Statement 1975/03/11 Item 16 Item No. 16
March 11, 1975
Ordinance No. 1563 � . AGENDA ITEDt N0. [16 j
CHULA VISTA CITY COUNCIL �tEETING OF: March 11, 1975
ITEDi TITLE: Ordinance - Amending Ordinance No. 1563 Changing Campaign Filing
Dates - First Reading and Adoption
INITIATED BY: City Attorney
BACKGROUVD
As Council is' aware, Proposition 9 sets certain dates for requisite filing
which differ from the Waxinan/Dymally bill. We had previously modified our
campaign ordinance to conform our filing dates with Wa�anan/Dymally.
We now propose that we further modify our campaign ordinance to conform with
Proposition 9 filing dates. However, it should be recognized at the present
time, the position of the District Attorney is that Proposition 9 has not
repealed Waxinan/Dymally and that it is necessary to file under both of those
proposals so we-are not really by this change eliminating the confusion in
filing dates.
In addition, the Council should be aware of the fact that the City of Berkeley
had a test of their campaign ordinance which they copied almost verbatim from
our ordinance called the Berkeley Election Reform Act, which was tested in the
Superior Court and never taken on appeal and found to be unconstitutional in
a Memorandum dated October 16, 1974, a copy of which is attached hereto for
your reference.
I have also received a call from Dan Curtin, the City Attorney of Walnut Creek,
concerning the application of the campaign ordinance which their city once again
copied from our ordinance wherein he raised some serious questions concerning the
ordinance as it applied to a special election in that city last week called for
the purpose of filling a Council vacancy.
These points are raised for your consideration, but an ordinance modifying the
filing dates has been prepared for your action.
ATTACHED: Resolution [ ] Qrdinance [x] Agreement [ ] Plat [ ]
See EXHIBITS [X] No. 1
Financial Statement: N/A
Commission-Board Recommendation: r7/A
Department Head Recommendation: Place Ordinance on First Reading and Adoption
City hlanager Recommendation: N/A
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