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HomeMy WebLinkAbout2006-05-09; City Council; 18558; Cash Contributions ComplianceCITY OF CARLSBAD - AGENDA BILL cor-1 •H CO 4-> OJ 'O &-I O 4-1 co CU 4-1 3 C GO C 0)e CO to CO oo00I o 55 0)(Jc COe •H T3 S-i O -acuo 3-oo •H O C 3 O o o O AB# 18,558 MTG. 5/9/06 DEPT. CA TITLE: AMENDMENT OF SECTION 1.13.030 OF THE CARLSBAD MUNICIPAL CODE REGARDING CASH CONTRIBUTIONS TO BRING IT INTO COMPLIANCE WITH GOVERNMENT CODE SECTION 84300(a) RECOMMENDED ACTION: DEPT. HD. CITY ATTY. {T&S* CITY MGR *^V Introduce Ordinance NS-800 , amending section 1.13.030 of the Carlsbad Municipal Code to bring it into compliance with Government Code section 84300(a). ITEM EXPLANATION: Section 1.13.030 of Carlsbad Municipal Code states, "No candidate in a city municipal election shall accept a cash contribution in excess of one hundred dollars." The regulations of the Fair Political Practices Commission which implement the Political Reform Act ("Act") of 1974 prohibit cash contributions of $100 or more and specifies when the contribution can be retuned so it is not considered a contribution under the Act. The proposed amendment to Carlsbad Municipal Code will bring the code section into compliance. FISCAL IMPACT: None. ENVIRONMENTAL REVIEW: Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this ordinance does not constitute a "project" within the meaning of CEQA and, therefore, does not require environmental review. EXHIBITS: lOrdinance NS-soo 2.Redline Strikeout .Version DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891 RONALD R. BALLCITY ATTORNEY - CITY OF CARLSBAD1200 CARLSBAD VILLAGE DRIVECARLSBAD, CALIFORNIA 92008-19891 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-800 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING SECTION 1.13.030 OF THE CARLSBAD MUNICIPAL CODE TO BRING IT INTO COMPLIANCE WITH GOVERNMENT CODE SECTION 84300fa). The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That section 1.13.030 of the Carlsbad Municipal Code is amended to read as follows: "1 .13.030 Cash contributions prohibited. No candidate in a city municipal election shall accept a cash contribution of one hundred dollars or more. All such contributions shall be made by check. A candidate is required to make a copy of each such check received prior to negotiating it." A cash contribution shall not be deemed received if it is not negotiated or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported. If a cash contribution, other than a late contribution, as defined in Section 82036, is negotiated or deposited, it shall not be deemed received if it is refunded within 72 hours of receipt. In the case of a late contribution, as defined in Section 82036 (the Political Reform Act), it shall not be deemed received if it is returned to the contributor within 48 hours of receipt." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9th day of May, 2006, and thereafter /// /// 1 Q GO | §S< ,"LU! Q , O LL-J I < j< >• CD < DC DC 5 O" OS < o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2006, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) REDL1NE - STRIKEOUT VERSION 1.13.030 Cash contributions prohibited. No candidate in a city municipal election shall accept a cash contribution in excess of one hundred dollars or more. All contributions in excess of one hundred dollars shall be made by check. A candidate is required to make a copy of each such check received prior to negotiating it. A cash contribution shall not be deemed received if it is not negotiated or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported. If a cash contribution, other than a late contribution, as defined in Section 82036. is negotiated or deposited, it shall not be deemed received if it is refunded within 72 hours of receipt. In the case of a late contribution, as defined in Section 82036 (the Political Reform Act), it shall not be deemed received if it is returned to the contributor within 48 hours of receipt.