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5965ORDINANCE NO. 596.5 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.09.050 CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CITY OF ANAHEIM CAMPAIGN REFORM LAW THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 1.09.050 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: "1.09.050 CONTRIBUTION LIMITATIONS. .010 Council Candidates. Except as provided in subsection .020 of this section, no person shall make, and no city candidate or treasurer of any controlled committee of any city candidate shall solicit or accept, any contributions which would cause the total amount contributed by such person to such candidate or his or her controlled committee to exceed the Contribution Limit set forth in subsection .050 of this section during any election cycle for any city office. .020 Elective City Officers and Candidates With Outstanding Debt From Prior Election. No person shall make, and no elective city officer or indebted former candidate, or treasurer of any controlled committee of any elective city officer or indebted former candidate, shall solicit or accept, any contributions for the purpose of retiring outstanding debt from a prior city election which would cause the total amount contributed by such person to such elective city officer or indebted former candidate or his or her controlled committee, to exceed the Contribution Limit set forth in subsection .050 of this section for the election in which the outstanding debt was incurred, regardless of when the contribution(s) is made or received. .030. Recall Elections. The Contribution Limit set forth in subsection .050 of this section shall also apply to any committee which collects contributions for the purpose of making expenditures in support of or opposition to the recall of an elective city officer, and to contributions received by such elective city officer, during a recall election cycle as defined in Section 1.09.060 of this chapter. .040 Candidate's Personal Funds. The provisions of this section shall not apply to a city candidate's contribution of his or her personal funds to his or her own controlled committee. Contributions from community property owned jointly by a city candidate and his or her spouse shall be deemed contributions by the city candidate. Contributions by the spouse of a city candidate from such spouse's separate property shall be subject to the contribution limitations set forth in subsection 1.09.050.010. .050 Contribution Limit. The term `Contribution Limit' as used in this chapter shall mean as follows: .0501 The Contribution Limit in effect for the period commencing on the effective date of this subsection through December 31, 2006, shall be one thousand five hundred dollars ($1,500). .0502 The Contribution Limit shall be adjusted biennially, commencing January 1, 2007, to reflect changes in the Consumer Price Index since the date of the most recent adjustment to such Contribution Limit and rounded to the nearest ten dollars ($10). The resulting figure shall be the Contribution Limit in effect until January 1 of the next odd -numbered year. The adjustment effective January 1, 2007, shall reflect changes in the Consumer Price Index for the period January 1, 2005 to December 31, 2006. .0503 Adjustments required pursuant to paragraph .0502 above shall be based on the California Consumer Price Index for all Urban Consumers based on Consumer Price Index data obtained from the United States Bureau of Labor Statistics for the calendar year immediately preceding the year in which the adjustment is to take effect. Such adjustments to the Contribution Limit shall be calculated as follows: .01 The base dollar amount of $1,500 shall be increased or decreased by the percentage change in the annual average California Consumer Price Index (All Urban Consumers) from January 1, 2005, to December 31 of the calendar year immediately preceding the year in which the adjustment will take effect. Consumer Price Index data for the year immediately preceding the year in which the change to the Contribution Limit will take effect shall be based on the forecast of the annual average California Consumer Price Index (All Urban Consumers) by the California Department of Finance which forecast is most current as of December 31 of such year. .02 The dollar amount obtained by application of the calculation set forth in subparagraph .01 above shall be rounded to the nearest ten dollars ($10). .0504 The amount of each required adjustment shall be determined by the City Attorney who shall report the amount of the Contribution Limit, as adjusted in accordance with this section, to the City Council at the first regular City Council meeting in each odd -numbered year. Such report shall be received and filed by the City Council upon which action the Contribution Limit, as adjusted, shall be deemed adopted. The City Clerk shall notify all candidates for city office of the amount of the Contribution Limit then in effect.'' SECTION 2. PENALTIES. The exclusive penalties for violation of any provision of this ordinance shall be as set forth in Section 1.09.130 of the Anaheim Municipal Code. 2 SECTION 3. SEVERABILITY. The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the civil liability or recovery for violations of ordinances, which violations were committed prior to the adoption of this ordinance, nor be construed as a waiver of any penalty applicable to any violations thereof. The provisions of this ordinance, insofar as such provisions 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 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 12 day of 4p r. it 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2005, by the following roll call vote: 26 April AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez NOES: Council Member Hernandez ABSENT: None ABSTAIN: None ATTEST: TTY CLERK OF THE CITY OF ANAHEIM 57433,2 3 CITYOF AHEIM By '40e '0<1 MAYOR OF THE'CITif 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: May 5, 2005 "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: May 5, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 5965 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.09.050 OF CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CITY OF ANAHEIM CAMPAIGN REFORM LAW This ordinance increases the maximum amount any person or entity may contribute to a City of Anaheim candidate or of- ficeholder to $1,500 per contributor per election cycle. The ordinance also provides for automatic biennial changes to the contribution limit equal to the average annual percent- age change in the California Consumer Price Index (Ail Ur- ban Consumers). Such increases will become effective on January 1 of each odd -numbered year to coincide with the start of a new election cycle. Such increases will be round- ed off to the nearest ten dollars ($10). 1, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 5965 which ordinance was introduced at a regular meet- ing of the City Council of the City of Anaheim on the 12th day of April, 2005 and was duly passed and adopted at a regular meeting of said Council on the 26th day of April, 2005 by the following roll call vote of the members thereof: AYES: Mayor Pringle, Council Members: Chavez, Galloway, Sidhu NOES: Council Member: Hernandez ABSENT: None The above summary is a brief description of the subject mat- ter contained in the text of Ordinance No. 5965, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or de- scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please con- tact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin May 5, 2005 25-392 6642312