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HomeMy WebLinkAboutNS-2170 - Submitting Certain Proposed Charter Amendments to the Electors...329 ORDINANCE NO. NS- 2170 THE CITY FOLLOWS: AN ORDINANCE OF THE CITY OF SANTA ANA SUBMITTING CERTAIN PROPOSED CHARTER AMENDMENTS TO THE ELECTORS IN THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1992 COUNCIL OF THE CITY OF sANTA ANA DOES ORDAIN AS WHEREAS, pursuant to section 1201 of the charter of the City of Santa Ana, a general election will be held in the city of Santa Ana on November 3, 1992; and WHEREAS, the City Council of the City of Santa Ana desires that certain proposals to amend the charter of the city of Santa Ana be submitted to the electors of said city at said general election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: A proposal to add section 425 to the charter, to read as set forth in Exhibit A, attached hereto and incorporated herein by reference, is approved for submission to the electors in the abovesaid election. SECTION 2: A proposal to add section 901.1 to the charter, to read as set forth in Exhibit B, attached hereto and incorporated herein by reference, is approved for submission to the electors in the abovesaid election. SECTION 3: A proposal to add sections 1206, 1207 and 1208 to the charter, to read as set forth in Exhibit C, attached hereto and incorporated herein by reference, is approved for submission to the electors in the abovesaid election. SECTION 4: The abovesaid proposals shall be designated on the ballot by a letter, pursuant to Section 10219 of the Elections Code of the State of california. SECTION 5: The said municipal election shall be conducted in accordance with the Elections Code of the State of California, and the Clerk of the Council is hereby authorized and directed to take all actions necessary or appropriate with respect thereto, except to the extent such actions may be undertaken by the Registrar of Voters of the county of Orange upon consolidation of the said municipal election with the statewide general election, ORDINANCE NS-2170 Page 2 ADOPTED this 20th day of 1992. ATTEST: COUNCILMEMBERS: Young Aye Pulido Aye Acosta Aye Griset Aye McGuigan Aye Norton Aye Richardson Aye July D~~l~. ¥oun ' Mayor APPROVED AS TO FORM: City Attorney 831 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~ ~- ~ ]70 to be the original ordinance adopted by the City Council of the city of Santa Ana on 7-~ O -g~7. ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ~C~erk of the ~ou~il~ Date city of Santa Ana O=D==A CE S-2 V0 Page 3 EXHIBIT A Section 425. Disqualification due to campaign contributions. A councilmember shall not participate in, nor use his or her official position to influence, a decision of the city council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor. As used herein, "recent major campaign contributor" means a person who has made campaign contributions totalling $250 or more to the counoilmember or to any campaign committee controlled by the councilmember in the twelve-month period immediately preceding the date of the decision. The mayor is a councilmember for purposes of this section. Page ORDINANCE 4 NS-2170 EXHIBIT B Sec. 901.1 Prohibition against serving as treasurer for campaign committee. If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or qouncilmember, his or her office shall become vacant and shall be so declared by the city council. ORDINANCE NS-2170 335 EXHIBIT C Sec. 1206. Campaign contribution limitation. No person shall make, and no candidate for mayor or city council or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that person to that candidate, including contributions or loans to all committees controlled by that candidate, to exceed one thousand dollars ($1,000) in any electi°n cycle; provided, however, that the city council may, by ordinance, adjust such limit to reflect changes in the consumer price index; and provided further that nothing herein shall apply to a candidate's contribution of his or her personal funds to his or her own campaign contribution account. As used herein, ,,election cycle" means the period of time between the date of an election to the office of mayor or councilmember and the date of the next election to the same office. Sec. 1207. Campaign committees and bank accounts. A candidate for the office of mayor or city council shall have no more than one campaign committee and one campaign contribution account out of which all expenditures for the purpose of seeking such office shall be made. The campaign contribution account shall be established and maintained as set forth in Section 85201 of the Government Code. Sec. 1208. Enforcement. (a) Any person who knowingly or willfully violates sections 1206 or 1207 of this charter is guilty of a misdemeanor. (b) Any resident of the city my bring an action, at any time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206 or 1207. (c) The city attorney may maintain, in the name of the city, or a resident of the city may maintain, in his or her own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the city's general fund.