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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. 1 .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 2 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 3 ik 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. 4 n 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 a 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. a 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