Pursuant to Section 36503 of the California Government Code, general municipal elections, which would otherwise be held on the second Tuesday in April of even-numbered years or on the first Tuesday after the first Monday in March of odd-numbered years, shall be consolidated with the Statewide general election on the first Tuesday after the first Monday of November in each even-numbered year.
(Added by Ord. 89-6, 1/11/89; amended by Ord. 94-11, 8/23/94; Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
The purpose of this Chapter is to advance compelling City interests by limiting large contributions from single sources to candidates for City Council and by imposing reporting and accounting procedures for local campaigns. The City's interests are to provide a representative government which is accessible to all citizens to deter corruption and the appearance of corruption caused by the coercive influence of large financial contribution on candidates' positions, and to inform the electorate as to the sources and uses of political contributions and as to campaign expenditures.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
For the purposes of this Chapter, unless the contrary is stated or clearly appears from the context, the definitions set forth in Chapter 2 of Title 9 of the Government Code of the State of California (commencing at Section 82000) (the Political Reform Act, as amended by Proposition 34) shall govern the construction, meaning, and application of words and phrases used in this Chapter.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
This Chapter shall apply solely to municipal elections for positions on the Dana Point City Council and not to other elected offices within the City.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
(a) 
Contributions. No person shall make, and no candidate for elective office, or campaign treasurer, shall solicit or accept any contribution which would cause the total amount contributed by that person to that candidate, including contributions or loans to all political committees or broad-based political committees controlled by the candidate, to exceed an amount determined by resolution for any election. The limit set forth in this Subsection shall be adjusted every two years by resolution of the City Council pursuant to Section 2.05.058, Adjusting for Cost of Living Changes, herein.
(b) 
Loans. No person shall make, and no candidate for elective office, or campaign treasurer, shall solicit or accept any loan which would cause the candidate, including loans to all political committees or broad-based political committees controlled by the candidate, to exceed an amount determined by resolution for any election. The limit set forth in this Subsection may be adjusted every two years by resolution of the City Council pursuant to Section 2.05.058, Adjusting for Cost of Living Changes, herein.
(c) 
Anonymous Contributions. No person shall make an anonymous contribution or contributions to a candidate, political committee or broad-based political committee or any other person totaling $100 or more for any election period. An anonymous contribution of $100 or more received by a candidate or such a committee shall not be kept by the intended recipient, but instead shall be paid promptly to the California Secretary of State for deposit in the General Fund of the State. This limit on single source anonymous contributions shall not be adjusted except for relevant changes in State law.
(d) 
Extension of Credit. No person shall extend credit, and no candidate for elective office, or campaign treasurer, or political committee or broad-based political committee controlled by the candidate shall solicit or accept any extension of credit which will extend beyond 90 days from the date upon which the debt is incurred by the candidate, or political committee controlled by the candidate.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
(a) 
Adjustment. The campaign contribution limits and the campaign expenditure limits set forth in Section 2.05.056 and 2.05.066, respectively, shall be adjusted in February at two-year intervals beginning in 1998 by the City Clerk to reflect annual changes in the Consumer Price Index (CPI) over the previous two-year period. The City Clerk shall use the annual percent change in the Consumer Price Index for All Urban Consumers (CPI-U) in the selected local area of Los Angeles-Anaheim-Riverside, California, to determine the appropriate rate of increase. The City Clerk shall compute the adjustment for each year separately, adding the adjustment for each year to the prior year's limit and then rounding the total adjusted amount for the two-year period. The new limit representing the rounded total adjustments for the previous two-year period shall be presented to the City Council for approval by resolution.
(b) 
Rounding of Section 2.05.056 Amounts. If the total adjusted limit under Section 2.05.056 for the two-year period ends in a digit between one and four, then the limit shall be rounded down to the next lowest multiple of 10. If the final adjusted limit for the two-year period ends in a digit between five and nine, then the limit shall be rounded up to the next highest multiple of 10.
(c) 
Rounding of Section 2.05.066 Amounts. If the last two digits of the total adjusted limit under Section 2.05.066 for the two-year period is a number between one and 49, then the limit shall be rounded down to the next lowest multiple of 100. If the last two digits of the total adjusted limit for the two-year period is a number between 50 and 99, then the limit shall be rounded up to the next highest multiple of 100.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 96-03, 3/12/96; Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
The provisions of this Chapter regarding loans shall not apply to loans made by a commercial lending institution in the lender's regular course of business on terms available to members of the general public and for which the loan recipient is personally liable.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
(a) 
Campaign Bank Account. The notice and filing requirements of Government Code Sections 81000 et seq., regarding the campaign bank account, shall also be made to the City Clerk at the same time and in the same manner as reporting is made to the Fair Political Practices Commission for the State of California.
(b) 
Committee Registration. Every political committee and broad-based political committee involved in a municipal election which files campaign reports shall file also with the City Clerk in the same for, content, and procedure as set forth in Government Code Section 81000 et seq.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
The City Clerk shall administer the provisions of this Chapter. In addition to other duties required of the City Clerk under the terms of this Chapter, the City Clerk shall:
(a) 
Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission (FPPC). These forms and manuals shall be furnished to all candidates and committees, and to other persons required to file reports.
(b) 
Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of this Chapter and State law.
(c) 
Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by State law, and promptly notify a person, candidate, campaign treasurer, political committee or broad-based political committee of any violations of this Chapter. The Clerk shall inform the person, candidate, campaign treasurer, political committee or broad-based political committee that they shall have two weeks to correct the violation, after which the violation shall be made known to the City Council, other candidates, and be made available as a public record.
(d) 
Compile and maintain a current list of all statements or parts of statements filed with the City Clerk's office pertaining to each candidate and each measure.
(e) 
Monitor reports and statements filed by candidates and committees supporting or opposing candidates for City Council as required by State law and this Chapter.
(f) 
Adjust the campaign contributions and expenditure limit each January to reflect the Consumer Price Index change for the prevailing 12-month period.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
Any person violating any of the provisions of this Chapter relating to campaign contributions and disclosure is guilty of a misdemeanor and subject to punishment in accordance with Section 1.01.200 of this Code.
(Added by Ord. 91-10, 5/14/91; amended by Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
The purpose of term limits on members of the City Council is to encourage qualified candidates to seek public office and limit the powers of incumbency by placing limits on the number of consecutive terms which members of the City Council may serve.
(Added by Ord. 92-05, 6/23/92; amended by Ord. 96-08, 5/14/96; Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
No person shall be elected as a member of the City Council for more than two full consecutive terms and no person who has been a member for more than two years of a term to which he or she was appointed shall be elected to the City Council for more than one further consecutive term.
(Added by Ord. 92-05, 6/23/92; amended by Ord. 96-08, 5/14/96; Ord. 04-04, 7/28/04)
Pursuant to California Government Code Section 36502, the provisions of Sections 2.05.080 and 2.05.082 shall not become operative unless they are submitted to the voters of the City at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. If a majority of the votes cast are in favor of the adoption of Dana Point Municipal Code Sections 2.05.080 and 2.05.082, then the provisions of these sections shall apply prospectively from the date of the election.
(Added by Ord. 92-05, 6/23/92; amended by Ord. 96-08, 5/14/96; Ord. 04-04, 7/28/04; Ord. 23-07, 11/7/2023)
Pursuant to California Government Code Section 34886 and the schedule established in Section 2.05.087 of this Chapter, beginning in November 2018, members of the City Council shall be elected on a by-district basis from five single-member Council Districts. The City's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (a).
(Added by Ord. 18-03, 5/15/18; amended by Ord. 23-07, 11/7/2023)
(a) 
Pursuant to Section 2.05.085 of this Chapter, members of the City Council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (a), from the five Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law:
(1) 
Council District 1 shall comprise all that portion of the City reflected on Exhibit A.
(2) 
Council District 2 shall comprise all that portion of the City reflected on Exhibit A.
(3) 
Council District 3 shall comprise all that portion of the City reflected on Exhibit A.
(4) 
Council District 4 shall comprise all that portion of the City reflected on Exhibit A.
(5) 
Council District 5 shall comprise all that portion of the City reflected on Exhibit A.
(b) 
Members of the City Council shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and Federal law.
(c) 
Except as provided in Subsection (d) herein, and notwithstanding any other provision of this Chapter, once this Chapter is fully phased in, each member of the City Council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227. Termination of residency in a district by a member of the City Council shall create an immediate vacancy for that Council District unless a substitute residence within the district is established within 30 days after the termination of residency.
(d) 
Notwithstanding any other provision of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the City Council in office at the time the ordinance codified in this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member of the City Council, that member of the City Council's successor shall be elected on a by-district basis in the districts established in this Section and as provided in this Chapter.
EXHIBIT A
(Added by Ord. 18-03, 5/15/18; amended by Ord. 23-07, 11/7/2023)
Except as otherwise required by California Government Code Section 36512, the members of the City Council shall be elected from Council Districts 1, 2, and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. Members of the City Council shall be elected from Council Districts 4 and 5 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such Council Districts shall be amended.
(Added by Ord. 18-03, 5/15/18; amended by Ord. 23-07, 11/7/2023)