Loading...
HomeMy WebLinkAbout99-06 CC OrdinanceORDINANCE NO 99-06 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUSPENDING THE OPERATION AND EFFECT OF ORDINANCE NO. 97-04 AND SECTION 2.08.060 OF THE TEMECULA MUNICIPAL CODE, RELATING TO CAMPAIGN CONTRIBUTIONS AND CAMPAIGN EXPENDITURES PENDING RESOLUTION OF LEGAL CHALLENGES TO THE CALIFORNIA POLITICAL REFORM ACT OF 1996 (PROPOSITION 208) THE CITY COUNCIL OF THE CITY OF TEMCULA-DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Proposition 208, "The California Political Reform Act of 1996," (the "Act") was passed by the voters of the State of California on November 5, 1996. The Act provides for limits on campaign contributions and authorizes cities to establish voluntary expenditure ceilings for campaigns for candidates for elective office and the controlled committees of such candidates. B. On April 8, 1997, the City Council adopted Ordinance No. 97-04 adding Sections 2.08.060 to the Temecula Municipal Code establishing a voluntary campaign expenditure ceiling for the campaigns of candidates for election to the city council and provided for an increase in the campaign contribution limits pursuant to the Act and specifically Government Code Section 85400(c). C. On January 6, 1998, United States District Court Judge Lawrence K. Karlton in the case of California Prolife Council v. Scully, et al (case no. CIV S-96-1965 LKK/DAD) ruled that the contribution limits imposed by the Act are unconstitutional and he enjoined the Fair Political Practices Commission from enforcing any part of the Act. D. The Fair Political Practices Commission ("FPPC") ordered its lawyers to immediately appeal Judge Karlton's entire decision to the Ninth U.S. Circuit Court of Appeals. In addition, the FPPC decided not to seek a stay of Judge Kadton's order enjoining enforcement of the Act, citing the additional confusion such a stay would likely cause during the 1998 election cycle. E. On January 5, 1999, the Ninth Circuit Court of Appeals ordered Judge Kadton to conduct a full trial on the issues of the case and upheld the preliminary injunction prohibiting the FPPC from enforcing the provisions of Proposition 208, but did not resolve the legal questions at issue in the case. Ords/99-06 1 F. Section 2.08.060 of the Temecula Municipal Code is now unenforceable given the Court's order in California Prolife Council v. Scullv, et al. because the legal authority for Section 2.08.060 is Government Code Section 85400(c) which is part of Act which was invalidated by the court and the enforcement of which was enjoined by the Court. G. Substantial confusion will occur in the electoral process for the City's November 1999 elections if the City Council does not cladfy the effect of the Court's ruling in California Prolife Council v. Scullv, et al. upon Ordinance No. 97-04 and Section 2.08.060 of the Temecula Municipal Code. H. Pursuant to California Government Code Sections 36934 and 36937, the City Council hereby finds and determines that a current and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Ordinance for the immediate preservation of the public health, peace, safety and general welfare, based upon the facts set forth in this Ordinance and the facts presented to the Council. SECTION 2. Pending the resolution of the legal issues concerning The California Political Reform Act of 1996 in the case of California Prolife Council v. Scully, et al (case no. CIV S-96-1965 LKK/DAD) or further action of the Council with respect to this Ordinance, the operation and effect of Ordinance No. 97-04 and Section 2.08.060 of the Temecula Municipal Code are hereby suspended. SECTION 3. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temecula hereby declares that it would have passed and adopted this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. SECTION 4. This Ordinance being an Urgency Ordinance shall be effective as of the date is adopted and shall remain in effect in accordance with its terms. SECTION 5. The City Clerk shall certify to the passage of this ordinance as an urgency ordinance and shall cause the same to be published as required by law. Ords/99-06 2 PASSED AND APPROVED, and ADOPTED this 26th day of January, 1999. ATTEST: Mayor i';~~"~t'~ [ '~C~~ Jones, C [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 99-06, was duly adopted and passed as an urgency measure at a regular meeting of the City Council on January 26, 1999, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone Sus es C Ords/99-06 3