HomeMy WebLinkAbout50A - REPEAL ORDINANCE NS 2304REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MAY 7, 2012
TITLE:
REPEAL ORDINANCE NS 2304
REGARDING CAMPAIGN CONTRIBUTIONS
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Place ordinance on first reading and authorize publication of title.
DISCUSSION
California Government Code and the Political Reform Act, along with the Santa Ana Charter,
require that elected officials abstain from voting on any matter where the official received a
campaign contribution of more than $250 in the 12 months immediately preceding a vote. In
November 1996, Ordinance NS 2034 was adopted by the City Council which imposed an
additional restriction prohibiting a Councilmember from soliciting or accepting campaign
contributions or loans of more than $250 for a period of three months following a vote. By
approving the proposed ordinance, the City of Santa Ana is removing a restriction not required
under state law that unfairly affects Santa Ana Council candidates running for state or other
elected office.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING ORDINANCE NO. NS-2304
AND MUNICIPAL CODE SECTION 2-107.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. Ordinance No. NS-2304 is hereby repealed and Section 2-107 of
the Santa Ana Municipal Code is hereby deleted in its entirety:
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Section 2. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the collection of any such
license or penalty or the penal provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and obligations there under
appertaining shall continue in full force and effect.
Ordinance No. NS-
Page 1 of 2
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ADOPTED this day of , 2012.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Office of the City Attorney
By:
Sonia R. Carvalho
City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-
Page 2 of 2
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