5834FOLLOWS:
ORDINANCE NO. 5834
AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING SUBSECTION .040 OF SECTION
1.09.050 OF CHAPTER 1.09 OF TITLE 1
OF THE ANAHEIM MUNICIPAL CODE RELATING
TO CAMPAIGN REFORM; AND DECLARING THAT
THIS ORDINANCE IS AN EMERGENCY MEASURE
WHICH SHALL TAKE IMMEDIATE EFFECT
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That subsection .040 of Section 1.09.050 of Chapter
1.09 of Title 1 of the Anaheim Municipal Code be, and the same is
hereby, repealed.
adoption.
SECTION 2. EFFECTIVE DATE OF ORDINANCE.
This ordinance shall take effect immediately upon its
SECTION 3. DECLARATION OF URGENCY.
The City Council declares that this ordinance is
necessary as an emergency measure for the immediate preservation
of the public peace, health or safety pursuant to Section 511 of
the City Charter and the reasons for its urgency are as follows:
1. The City Council added Chapter 1.09 to Title 1 of
the Anaheim Municipal Code by Ordinance No. 5360 adopted April 6,
1993, which Chapter 1.09 was subsequently repealed and readopted
by Ordinance No. 5704 on October 19, 1999.
2. Said Chapter 1.09 of the Anaheim Municipal Code,
known as the City of Anaheim Campaign Reform Law, in both its
prior and its current codification, includes subsection .040 of
Section 1.09.050 ("Section 1.09.050.040") which limits
contributions to persons or committees making independent
expenditures supporting or opposing candidates for city office in
Anaheim under certain specified circumstances.
3. On or about October 24, 2002, The Lincoln Club of
Orange County, The Lincoln Club of Orange County State PAC, and
The Lincoln Club of Orange County Independent Expenditure PAC
(the "Lincoln Clubs") filed suit in United States District Court,
1
Central District of California (the "Court"), challenging the
constitutionality of Section 1.09.050.040 and similar ordinance
of the County of Orange and other cities in the case of Lincoln
Club of Orange County, et al. v. City of Anaheim, California, et
al., United States District Court Case No. SACV02-874 AHS(MLGx).
4. On September 24, 2002, the Court entered its order
temporary restraining the City of Anaheim from enforcing Section
1.09.050.040 pending a noticed hearing on plaintiffs, motion for
issuance of a preliminary injunction against the enforcement of
said Section 1.09.050.040.
5. On October 3, 2002, the Court, the Honorable
Alicemarie H. Stotler, judge presiding, entered a preliminary
injunction indefinitely restraining the enforcement of Section
1.09.050.040 upon a determination of a strong likelihood that
said section would be found to be unconstitutional at the time of
trial on the merits.
6. The next general municipal election to be held in
the City of Anaheim will occur on November 5, 2002, only three
weeks from this date, at which time the electorate will elect a
new mayor and two new council members.
7. The adoption of this ordinance as an emergency
measure to take immediate effect is necessary to protect the
public peace and safety by assuring that all persons and
committees desiring to make independent expenditures in said
election are treated uniformly and to provide certainty to such
persons and committees, and the persons desiring to make
contributions thereto, as to the local campaign contribution laws
which will apply to said election.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 15th day of October
2002.
ATTEST:
G' ".Of
TY CLLeRK OF THE CITY OF ANAHEIM
46822.1
2
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MAYOR OF THE CITY OIUANAHEIM
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. 5834 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 15th day of October, 2002, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 15th day of October, 2002, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS
ABSENT
(SEAL)
MAYOR/COUNCIL MEMBERS
None
None
CftY CLERK OF HE CITY OF ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
1 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:
October 24, 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
Date_ October 24, 2002
-`
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
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SECM10N2 EFFfiCTIVE DATE.OF ORDINANCE.
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SECMwM DECLARATION OF URGENCY.
The C4 9-1-1 d -,W- dtia
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or
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.
TOM MY
MAYOR OF THE CRY OF ANAHEII
ATTEST:
atY�O K aff OF ANAMM
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