5427FOLLOWS:
ORDINANCE NO. 5427
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTIONS 1.09.055 AND
1.09.090 OF, AND ADDING NEW SECTION
1.09.125 TO, CHAPTER 1.09 OF TITLE 1
OF THE ANAHEIM MUNICIPAL CODE
RELATING TO CAMPAIGN REFORM
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That subsection .030 of Section 1.09.055 of Chapter
1.09 of Title 1 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
".030 A city candidate or committee treasurer
shall be exempt from the contributions limitations set forth
in Section 1.09.050 pursuant to this Section 1.09.055 only
if such contribution is solicited, accepted and used by such
candidate or treasurer solely for the purpose of retiring
campaign indebtedness incurred on or before November 3,
1992, relating to a city election held on or prior to such
date (hereinafter in this Section 1.09.055 referred to as
the 'Outstanding Debt')."
SECTION 2.
That new subsections .040, .050 and .060 be, and the
same are hereby, added to Section 1.09.055 of Chapter 1.09 of
Title 1 of the Anaheim Municipal Code to read as follows:
".040 Any city candidate or committee treasurer
claiming any exemption from the contributions limitations
set forth in Section 1.09.050 pursuant to this Section
1.09.055 shall file a 'Retirement of Outstanding Debt
Report' (hereinafter the 'Report') with the City Clerk,
which Report shall be filed at the same time and cover the
same reporting period (hereinafter the 'Reporting Period')
as each Campaign Statement which is required to be filed by
such city candidate and campaign treasurer pursuant to
applicable provisions of the Political Reform Act of 1974,
as amended. Such Reports shall continue to be filed by the
city candidate and committee treasurer at the times
hereinabove provided until the Outstanding Debt is
completely retired or extinguished. Each such Report shall
include all of the following information:
.0401 Outstanding Debt as of November 3, 1992.
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.0402 Outstanding Debt as of July 1, 1993.
.0403 Outstanding Debt at beginning of
Reporting Period.
.0404 Contributions (identified by source,
amount, and date) received during the Reporting Period which
are used to retire Outstanding Debt.
.0405 Outstanding Debt at end of the Reporting
Period.
.050 Any contributions received during a Reporting
Period for the purpose of retiring Outstanding Debt shall
be:
.0501 Deposited into the campaign fund of the
same candidate or controlled committee which has the
Outstanding Debt; and
.0502 Applied to the retirement of Outstanding
Debt of such candidate or controlled committee during the
same Reporting Period in which received.
.060 Notwithstanding any other provision of this
Section 1.09.055, any city candidate or committee treasurer
who received any campaign contributions prior to the
effective date of this subsection .060 for the purpose of
retiring Outstanding Debt shall:
.0601 File a Report containing the information
specified in subsection .040 of this Section covering the
period from July 1, 1993 through June 30, 1994, which Report
shall be filed with the City Clerk not later than July 31,
1994; and
.0602 On or before June 30, 1994, apply any
such prior funds toward the retirement of Outstanding Debt.
SECTION 3.
That Section 1.09.090 of Chapter 1.09 of Title 1 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
111.09.090 TRANSFERS OF FUNDS BETWEEN
CONTROLLED COMMITTEES
.010 Nothing contained in this Chapter shall
prohibit the transfer of campaign funds from a candidate's
controlled committee for one elective office to the same
candidate's controlled committee for a different elective
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office except as hereinafter set forth in this Section
1.09.090.
.020 For purposes of this Section 1.09.090
only, whenever any funds derived from campaign contributions
are transferred from a candidate's controlled committee for
any elective office to that same candidate's controlled
committee for a different elective office which controlled
committee is subject to the contribution limitations of this
Chapter (the "Transferred Funds"), such Transferred Funds
shall be deemed contributions made to the controlled
committee receiving such Transferred Funds (the "Transferee
Committee") by the contributors who made contributions to
the controlled committee which transferred such funds (the
"Transferor Committee"). For purposes of this Section
1.09.090 only, each contributor to the Transferor Committee
shall be deemed to have contributed a proportionate amount
of the Transferred Funds (the "Imputed Contribution Amount")
to the Transferee Committee during the same election cycle
as in which such contributions were received by the
Transferor Committee. Said Imputed Contribution Amount for
any election cycle shall be equal to the same percentage of
the total Transferred Funds as the amount of such
contributor's total contributions to the Transferor
Committee during said election cycle is a percentage of the
total contributions received by the Transferor Committee
during said election cycle.
.030 No city candidate or treasurer of a city
candidate's controlled committee shall accept Transferred
Funds from a Transferor Committee to the extent the Imputed
Contribution Amount thereof which is attributable hereunder
to any contributor for any election cycle, when combined
with all other contributions received by said candidate or
controlled committee from said contributor during said
election cycle, would exceed the contribution limitation for
such election cycle as set forth in Section 1.03.050.
.040 The term 'election cycle' as used in this
Section 1.09.090 shall mean the applicable period described
in either Section 1.09.050 or Section 1.09.070.
.050 The treasurer of each Transferee Committee
shall file with the City Clerk of the City of Anaheim a
report disclosing any Transferred Funds received by such
Transferee Committee which report shall be filed with the
Campaign Statement required to be filed by such Transferee
Committee under the provisions of the Political Reform Act
which Campaign Statement covers the period during which the
Transferred Funds were received by the Transferee Committee
from the Transferor Committee. Said report shall include
the name, address, occupation, and Imputed Contribution
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Amount as calculated pursuant to subsection .020 above with
regard to each contributor. Said report shall also include
the date each such contribution was received by the
Transferor Committee and the date such Imputed Contribution
Amount was received by the Transferee Committee. Prior to,
or concurrently with the acceptance of any Transferred
Funds, it shall be the duty of the treasurer of each
Transferee Committee to obtain the necessary information
from the treasurer of the Transferor Committee in order to
comply with the requirements of this Section. It shall be
the duty of the treasurer of each Transferee Committee to
keep records of all contributions and Transferred Funds
sufficient to prove compliance with the requirements of this
Section. Such records shall be kept a minimum of three
years following the date of receipt of any Transferred Funds
and shall be provided to the City Attorney upon request."
SECTION 4.
That new Section 1.09.125 be, and the same is hereby,
added to Chapter 1.09 of Title 1 of the Anaheim Municipal Code to
read as follows:
"1.09.125 REPORTING OF CUMULATIVE CONTRIBUTIONS
Contributions received from any contributor during
an election cycle which contributions have a cumulative
total of $100 or more when added to all other contributions
received from such contributor during the same election
cycle shall be itemized and reported, both as to individual
contribution amounts received during the reporting period
and the total cumulative amount received during the election
cycle, in or with each Campaign Statement required to be
filed pursuant to the Political Reform Act of 1974, as
amended. Such amounts shall be reported on Schedule A of
Form 490, or any successor form thereto, as prepared by the
Fair Political Practices Commission, if the candidate or
controlled committee is required to use such form, or shall
be reported on a separate schedule appended to the required
Campaign Statement. The term 'election cycle' as used in
this Section shall mean the period described in either
Section 1.09.050.010 or Section 1.09.070, as applicable."
SECTION 5. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence, phrase or word of
this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the City Council that
it would have adopted all other provisions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
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SECTION 6. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the
amendment thereby of any other ordinance or provision of the
Anaheim Municipal Code shall in any manner affect the prosecution
for violations of ordinances, which violations were committed
prior to the effective date hereof, nor be construed as a waiver
of any license or penalty or the penal provisions applicable to
any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions
previously adopted by the City relating to the same subject
matter, shall be construed as restatements and continuations, and
not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 7th day of June
1994.
MAYOR OF THE CI OF ANAHEIM
ATTEST�:� l: - � �
CITY CLERK OF THE CITY OF ANAHEIM
6983.2\JWN[TE\May 25, 1994 5
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5427 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the
24th day of May, 1994, and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 7th day of June, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5427 on
the 8th day of June, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 8th day of June, 1994.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEOIJORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Ordinance No. 5427 and was published once in the Anaheim Bulletin on the 16th day of June,
1994.
CITY CLERK OF THE CITY OF ANAHEIM