HomeMy WebLinkAboutOrd 2018-3427ORDINANCE NO. 3427
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
MUNICIPAL CODE SECTION 2.50.150 REGARDING
SIGNERS OF WRITTEN ARGUMENTS FOR OR AGAINST
BALLOT MEASURES
WHEREAS, the City Charter section 902 provides that City elections shall be held in
accordance with the state Elections Code; and
WHEREAS, California Elections Code Division 9, Chapter 3, Article 4 (sections 9280
through 9287) governs arguments concerning city measures, and section 9281 of that Article
permits charter cities to adopt ordinances governing the method for submitting arguments about
city measures; and
WHEREAS, Elections Code section 9282(a) provides that, for measures placed on the
ballot by petition, the persons filing the initiative petition may file a written argument in fa vor of
the ordinance, and the legislative body may submit an argument against the ordinance; and
WHEREAS, Elections Code section 9282(b) provides that, for measures placed on the
ballot by the legislative body, the legislative body, or a member or members of the legislative
body authorized by that body, or an individual voter who is eligible to vote on the measure, or a
bona fide association of citizens, or a combination of voters and associations, may file written
arguments for or against any city measure; and
WHEREAS, the City desires to permit the author(s) of an argument to allow other
supporters to sign the argument, even if those supporters do not meet the qualifications specified
in Elections Code section 9282.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Section 2.50.150 is added to the Chula Vista Municipal Code to read as
follows:
2.50.150 Ballot Measures
A. Authors of written arguments.
1. Measures placed on the ballot by petition.
a. The City Council may authorize one or more of its members to prepare and
file an argument against the measure. The member(s) designated shall be
deemed the “author(s)” of the argument.
b. The person(s) who filed the initiative petition may file a written argument
in favor of the measure. Such person(s) shall be deemed the “author(s)” of the
argument.
DocuSign Envelope ID: 9C6DCBF6-B33E-4242-9B9F-2EECEE0C331A
Ordinance No. 3427
Page No. 2
2. Measures placed on the ballot by the City Council.
a. The City Council may authorize one or more of its members to prepare
and file an argument in favor of, or against, the measure. The member(s)
designated shall be deemed the “author(s)” of the argument.
b. An individual who is eligible to vote on the measure, and/or an
organization or association meeting the requirements of Elections Code
9287(e), may file a written argument for or against the measure. The
individual voter or, in the case of an organization or association, the principal
officer(s) whose name(s) and signature(s) appears on the written argument ,
shall be the “author(s)” of the argument.
B. Signers of written arguments.
The author(s) of an argument for or against a ballot measure may allow additional
persons to sign the argument. Additional signers of the argument are permitted at the discretion
of the author(s), unless otherwise specified in a City Council resolution. The additional signers
are not required to meet the qualifications specified in California Elections Code section 9282.
Section II. City Clerk Authority
The City Clerk is authorized to adopt and implement all forms and procedures necessary
to carry-out the purpose and intent of this ordinance.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would adopt each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
DocuSign Envelope ID: 9C6DCBF6-B33E-4242-9B9F-2EECEE0C331A
Ordinance No. 3427
Page No. 3
Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of June 2018, by the following vote:
AYES: Councilmembers: Diaz, McCann, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilar and Salas
Mary Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3427 had its first reading at a regular meeting held on the 12th day of June 2018
and its second reading and adoption at a regular meeting of said City Council held on the 19th
day of June 2018; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: 9C6DCBF6-B33E-4242-9B9F-2EECEE0C331A
7/2/2018