HomeMy WebLinkAboutOrd 15751
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ORDINANCE N0. 1575
ORDINANCE OF THE CITY OF BRLINGAME
ADOPTING VOLUNTARY CAMPAIGN EXPENDITURE CEILINGS FOR THE 1997
MUNICIPAL ELECTION PURSUANT TO GOVERNMENT CODE SECTION 85400
(PROPOSITION 208) AND DECLARING URGENCY THEREFOR PURSUANT TO
GOVERNMENT CODE SECTION 36937(a)
The CITY COUNCII, of the CITY OF BIIRLINGAME does hereby ordain as follows:
Section 1.
(a) Proposition 208 was approved by the voters of the State of California in November
1996 and established campaign contribution limitations for municipal elections statewide. However,
because of constitutional concerns, Proposition 208 does not establish mandatory campaign
expenditure limitations. The provisions of Proposition 208 have been challenged in Federal Court,
but the Court's decision will not occur for at least three (3) months. The City general municipal
election will occur on November 4, 1997, which is probably before the Court's decision will
eventually be made, and that decision will be subject to appeal.
(b)Therefore, in order to provide a voluntary expenditure li
mitation system established in
Proposition 208 to encourage compliance for the upcoming general election, itis imperative that
this ordinance be adopted and become effective immediately. This limitation system is a key
component to limiting the expense of campaigns. In order to have this system in place for the 1997
general municipal election, it is imperative that the ordinance be adopted and be effective as the
campaigns for elective office begin, so that candidates may determine whether to accept the
limitations and direct their campaigns in accordance with such limitations.
(c) The Council recognizes that some candidates may have already accepted contributions
and made expenditures for the 1997 election, but it is extremely unlikely that at this time any
candidate has made expenditures that would be greater than the voluntary limits established by this
ordinance. In turn, this ordinance would increase the individual amount of a contribution that a
candidate might accept so there should be no adverse effect on the conduct of any campaign with
regard to contributions if this ordinance is adopted and becomes effective immediately.
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(d) However, if this ordinance does not become effective immediately, the conduct of
campaigns for office may be adversely affected and unfairness among candidates created, which
would jeopardize public confidence in the campaign process. All candidates for municipal election
should begin with clear guidelines.
(e) Therefore, this ordinance is adopted as an urgency measure pursuant to Government
Code Section 36937(a) to apply to the 1997 general municipal election.
Section 2. For the candidates for election to City offices in the 1997 general municipal
election to be held on November 4, 1997, the following campaign contribution limitations are
established pursuant to Government Code Section 85400(c): $28,500 per candidate for City elective
office. This ordinance is intended to establish the expenditure ceiling for candidates for the offices
of City Councilmember and City Clerk in the 1997 general municipal election in the City of
Burlingame, and that acceptance or rejection of this ceiling will provide the benefits, limitations, and
obligations that adoption of such a ceiling has on candidates for these offices as provided in
Government Code Sections 85401, 85402, 85404, and 85602, as well as such other provisions of
the Government Code as may apply in connection with adoption of such a ceiling.
Section 3. Candidates for city office in the November 4, 1997, election shall file their
acceptance or rejection of the voluntary
campaign expenditure ceiling adopted by this ordinance no
later than August 13, 1997, or first acceptance of a campaign contri
bution for the 1997 election
campaign, whichever occurs later.
Section 4 This ordinance shall be published as required by law and shall take effect
immediately. The City Clerk will provide a copy of this ordinan
ce to all persons who receive or
who have received filing papers for candidacy for City office for the 1997 election,
Mayor
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I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held on the
21st day ofJuly, 1997, and adopted thereafter at a regular meeting of the City Council held on the
4th day of AUGUST , 1997, by the following vote:
AYES: COUNCILMEMBERS: HARRISON, JANNEY, O''MAHONY
NOES: COUNCILMEMBERS: MIGHT, SPINELLI
ABSENT: COUNCILMEMBERS: NONE
C:\WP51\FILES\ORDINANC\CONTRRE2.CNL
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