HomeMy WebLinkAboutOrdinance #3599 ORDINANCE NO. 3599
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING SECTION 2.07.050(b) OF THE
HUNTINGTON BEACH MUNICIPAL CODE
REGARDING THE CONTRIBUTION LIMITATON TO
INDEPENDENT EXPENDITURE COMMITTEES CONTAINED IN
THE CITY OF HUNTINGTON BEACH CAMPAIGN REFORM LAW
WHEREAS, the City Council adopted in 1994 the "City of Huntington Beach Campaign
Reform Law"; and
At issue in the case entitled Lincoln Club v. City of Irvine, 292 F.3d 934 (9t' Cir. 2002),
was a challenge to a campaign regulation applicable to contributions made to persons or
committees engaged in making independent expenditures in connection with elections; and
In the Lincoln Club decision,the Ninth Circuit held that,to the extent the Irvine
regulation prohibited any person or committee from making independent expenditures where
they had accepted contributions in excess of the contribution limit amounts, it regulated
campaign expenditures, not campaign contributions, and consequently, was subject to strict
judicial scrutiny, a standard of judicial review under which virtually no legislation can survive;
and
The Huntington Beach Campaign Reform Law also regulates contribution to independent
committees; and
In Lincoln Club of Orange County, et al. v. City of Huntington Beach, et al., U.S. District
Court Case No. SACV 02-874 AHS (MLGx), a preliminary injunction was granted against the
City's contribution limit to independent expenditure committees; and
Based on the current state of the law, the City desires to end this dispute by entering into
a settlement and a stipulated judgment, and repealing the regulation. The City may choose to
again regulate the area of independent expenditures if there is a material change in case law, or
after January 1, 2008, whichever occurs first;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Section 2.07.050(b) of the Huntington Beach Municipal Code is
hereby repealed.
SECTION 2. This ordinance shall take effect thirty days after its adoption.
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PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2Ut day of January ,26627003.
Mayor
ATTEST: APPROVED AS TO FORM:
;Connie '$roc ay, City Clerk
V�9 -
ve ty Ci Clerk ity Attorn �i(dz
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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City inistrator City Atto
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Ord. No. 3599
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 6th day of Janlaary,2003, and was again read to
said City Council at an regular meeting thereof held on the 21st day of January 2003,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: Sullivan
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
2003.
In accordance with the City Charter of said City GIN N!E B ROC KWAY
Connie Brockway, City Clerk City Clerk and ex-officio Clerk
Deputy city Clerk of the City Council of the City
of Huntington Beach, California
By - -- - - - ----------- --
De ty City Cie