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5819FOLLOWS: ORDINANCE NO. 5819 A ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 1.09.052 TO CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO POLITICAL REFORM. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 1.09.052 be, and the same is hereby, added to Chapter 1.09 of Title 1 of the Anaheim Municipal Code, to read as follows: "1.09.052. SLATE MAILERS. .010 The provisions of Government Code Section 82048.4 are not incorporated in, and shall not be used in the interpretation of, the City of Anaheim Campaign Reform Law. .020 If a slate mailer is produced and/or distributed other than at the behest of a City Candidate, then it is an independent expenditure, and is not subject to the contribution limitations of this Chapter. .030 The provisions of this Section shall apply only to slate mailers in which more than twenty-five percent (25%) of the surface area of the slate mailer (exclusive of the area used for address and postage) expressly advocates or opposes the election of an individual City Candidate. .040 If a third party has provided funds to the slate mailer organization that are used for the production and/or distribution of a slate mailer at the behest of a City Candidate, then: .0401 the attributable cost of production and/or distribution of the slate mailer is a contribution from such third party to the City Candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the City Candidate or the controlled committee of such candidate, up to the total of the funds provided by the third party, and such contribution is subject to the contribution limitations of this Chapter; and 1 .0402 the attributable cost of production and/or distribution of the slate mailer that exceeds the total of the funds provided by the third party and any funds paid by the City Candidate or the controlled committee of such candidate is a contribution from the slate mailer organization to the City Candidate, and such contribution is subject to the contribution limitations of this Chapter. .050 If a slate mailer is produced or distributed at the behest of a City Candidate, without any contribution from a third party, then the attributable cost of production and/or distribution is a contribution from the slate mailer organization to the City Candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the City Candidate or the controlled committee of such candidate to the slate mailer organization, and such contribution is subject to the contribution limitations of this Chapter. .060 If a slate mailer expressly opposes the election of a City Candidate, and the slate mailer is produced and/or distributed at the behest of an opposing City Candidate (`the opponent"), then: .0601 If a third party has paid the slate mailer organization to oppose the City Candidate: .01 the attributable cost of production and/or distribution of the slate mailer is a contribution from the third party to the opponent to the extent it exceeds any payment to the slate mailer organization from the opponent or the controlled committee of such opponent up to the total amount paid to the slate mailer organization by the third party to oppose the City Candidate, and such contribution is subject to the contribution limitations of this Chapter; and .02 the attributable cost of production and/or distribution of the slate mailer that exceeds the total of the payment made to the slate mailer organization by the third party to oppose the City Candidate and any payment made to the slate mailer organization by the opponent or the controlled committee of such opponent is a contribution from the slate mailer organization to the opponent, and such contribution is subject to the contribution limitations of this Chapter. .0602 If no third party has paid the slate mailer organization to oppose the Anaheim City Candidate, then the attributable cost of production and/or distribution is a contribution from the slate mailer organization to the opponent to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the opponent or the controlled committee of such opponent to the slate mailer organization, and such contribution is subject to the contribution limitations of this Chapter. .070 'Attributable cost of production and/or distribution' is computed by multiplying the total cost of production and/or distribution of the slate mailer by a fraction, the numerator of which is the number of square inches of the mailer that expressly advocates or opposes the election of an Anaheim City Candidate, and the denominator of which is the number of square inches of the mailer devoted to all candidates. .080 A slate mailer is produced and/or distributed at the behest of a City Candidate: .0801 If the City Candidate, or his/her controlled committee, or the candidate's or committee's agent or consultant, pays any of the costs for the slate mailer, or provides any information or photographs used in the mailer, or consults or confers with the slate mailer organization in any manner regarding the content, timing, or distribution of the slate mailer; or .0802 Under any of the circumstances described in Section 18225.7(a) and Section 18225.7 (b) of Title 2 of the California Code of Regulations, as those sections exist as of June 1, 2002. .0803 A non-refundable deposit made to a slate mailer organization shall not be considered a payment within the meaning of paragraphs .0801 or .0802 above, if either (a) the deposit is made by, or on behalf of, a City Candidate who is not opposed in the City election, or (b) the deposit is made as consideration for a written agreement whereby the slate mailer organization obligates itself to not produce a slate mailer in which more than twenty-five percent (250) of the surface area of the slate mailer (exclusive of the area used for address and postage) expressly advocates or opposes the election of the City Candidate by, or for whom, the deposit is made." SECTION 2. That the penalties for violations of any of the provisions of this ordinance shall be solely as set forth in Section 1.09.130 of the Anaheim Municipal Code. 3 THE City Council 2002. FOREGOING ORDINANCE is approved and adopted by the of the City of Anaheim this 27th day of August ATTEST: CI CLER OF THE CITY OF ANAHEIM 46066.1 12 MAYOR OF THE CITY OF STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5819 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of August, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of August, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring; McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS (SEAL) None OrTY CLE OF THE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 5, 2002 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on X/ Otember 5, 2002 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION cj This space is for the County Clerk's Filing Stamp D v� lar SECTION 1. That Section 1.09 052 be, and the same is hereby, added to Chapter 1.09 of Title 1 of the Anaheim Municipal Code, to seen as follows: '1.09:052, SLATE MAILERS. .010 The provisions of Government Code Section 82048.4 are not incorporated in. and shall not be used 1, the interprets - iron of, the City of Anaheim Campaign Reform Law. .020 If a slate mailer is produced and/or distributed other than at the behest of a City Candidate. then it is an independ- ent expenditure, and is not subject to the contribution limitations of this Chapter. .030 The provisions of this Section shall apply only to slate mailers in which more than len percent (10%) of the surface area of the slate mailer (exclusive of the area used for address and postage) expressly advocates or opposes the election of an individual City Candidate. .040 If a third party has provided funds to the slate mailer orgarization that are used for the production and/or distribu- tion of a slate mailer at the behest of a City Candidate, then .0401 the attributable cost of production and/or distribution of the slate mailer is a contribution from such third party to the City Candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any,paid by the City Candidate or the controlled committee of such candidate, up to the total of the funds provided by the third party, and such contribution is subject to the contribution limitations of this Chapter: and .0402the attributable cost of production and/or distribution of the slate mailer that exceeds the total of the funds provides by the third parry and any funds paid by the City Candidate or the controlled committee of such candidate is a contribu- tion from the slate mailer organization to the City Candidate and such contribution is subject to the contribution limitation, o; this Chapter_ .050 if a slate mailer is produced or distributed at the behest of a City Candidate, without any contribution from a third party, then the attributable cost of production and/or distribution is a contribution from the slate mailer organization to the City Candidate to the extent the attributable cost of production and/or distribution exceeds the amount, if any, paid by the City Candidate or the controlled committee of such candidate to the slate mailer organization, and such contribution is subject to the contribution limitations of this Chapter. .060 11 -,state mailer expressly opposes the election of a City Candidate, and the slate mailer is produced and/or di=_r, luted of the behest of an opposing City Candidate ( the opponent"), them. .0601 It a third party has paid the slate mailer organization to oppose the City Candidate: .01 the attributable cost of production and/or distribution of the slate mailer is a contribution from the thud party to the opponent to the extent IT exceeds any payment to the slate mailer organization from the opponent or the controlled committee of such opponent up to the total amount paid to the slate mailer organization by the third party to oppose the City Candidate, and such contribution is subject to the contribution limitations of this Chapter', and 02 the attributable cost of production and/or distribution of the slate mailer that exceeds the total of the payment made tc the slate mailer organization by the third party to oppose the City Candidate and any payment made to the slate mailer organization by the opponent or the controlled committee of such opponent is contribution from the slate mailer organization to the opponent, and such contribution is subject to the contribution limitations of this Chapter 06021t tic third party has paid the slate mailer organization to oppose the Anaheim City Candidate, then the attributable cost of production and/or distribution is acontribution from the slate mailer organization to the opponent to the extent the attributable cost of production and(or distribution exceeds the amount, if any, paid by the opponent or the controlled committee of such opponent to the slate mailer organization, and such contribution is subject to the contribution limitations of this Chapter. 070 'Attributable cost of Production and/or distribution' is computed by multiplying the total cost of production and/or distribution of the slate mailer by a fraction. the numerator of which is the number of square inches of the mailer that expressly advocates or opposes the election of an Anaheim City Candidate, and the denominator of which is the number of square inches of the mailer devoted to all candidates. 08, A slate mailer is produced andlor distributed at the behest at a City Candidate: .0801 If the City Candidate, or his/her controlled committee, or the candidate's or committee's agent or consultant, pays any of the costs for the slate mailer, or provides any information or photographs used in the mailer, or consults or-. ers with the slate mailer organization in any manner regarding the content, timing, or distribution c' the slate mailer; or 0812 Under any of the circumstances described in Section 18225.7(a) and Section 18225.7 (b) of Title 2 of the California Code of Regulations, as those sections exist as of June 1, 2002. .0803 A non-refundable deposit made to a slate mailer organization shall not be considered a payment within the meaning of paragraphs .0801 or .0802 above, if either (a) the deposit is made by, or on behalf of, a City Candidate who is not opposed in the City election, or (b) the deposit is made as consideration for a written agreement whereby the slate mailer organization obligates itself to not produce a slate mailer in which more than ten percent (10%) of the surface area of the slate mailer (exclusive of the area used for address and postage) expressly advocates or opposes the election of the City Candidate by, or for whom, the deposit is made." SECTION 2. That the penalties for violations of any of the provisions of this ordinance shall be solely as set forth in Section 109 130 of the Anaheim Municipal Code. SECTION 3. That Ordinance No. 5819 of the City of Anaheim be, and the same is hereby, repealed. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance, nor the repeal by this ordinance of any prior ordinance of this City, shall in any manner affect the civil enforcement of violations of any such prior ordinance hereby repealed which violations were committed prior to the effective date of this ordinance, nor be construed as a waiver of any penalty applicable to any violation of any such prior ordinance. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted, 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 27th day of August, 2002. MAY OR OF THE CIN OF ANAHEIM ATTEST: 's CITY CLERK OF THE CITY OF ANAHEIM Introduced August 20, 2002 AYES: MAYOR9COUNCIL MEMBERS: Feldhaus, Kring, Daly, McCracken NOES: MAYOR/COUNCIL MEMBERS. Tait ABSENT: MAYOR/COUNCIL MEMBERS. None publish: Anaheim Bulletin September 5, 2002 25-1150 5350375