Incidental to the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials.
It is the purpose and intent of the city council in enacting this chapter to place realistic and enforceable limits on the amounts which may be contributed for political campaigning in municipal elections; to ensure and promote integrity, honesty, and fairness in the decisions of public policy; to ensure that funds and services donated to a candidate or campaign committee are used solely for lawful campaign purposes; to ensure a level of discussion of public issues adequate for a viable political campaign; to provide an opportunity for all citizens to become candidates for public office unhindered by a need to meet exorbitant campaign costs; to require a full public disclosure of campaign contributions received, the names and addresses of contributors to such campaigns, and the purpose and amounts of expenditures in political campaigns in municipal elections; and to provide for the full and fair enforcement of all the provisions of this chapter.
In seeking to establish such realistic limitations on campaign costs, it is the intent of the council to promote a broader and more open participation by all citizens in the electoral process, and it is in no way intended that such limitations should act to deprive or restrict any citizen in the exercise of his or her rights guaranteed under the First and Fourteenth Amendments of the United States Constitution.
The council finds that the city may enact an ordinance limiting campaign contribution in municipal elections as provided by Section 10202 of the Elections Code of the state. Further, pursuant to Section 81013 of the Government Code of the state, it is determined that the additional requirements imposed by this chapter do not preclude any person from complying with the Political Reform Act of 1974.
(Prior code § 21000; Ord. 103 § 1, 1994; Ord. 136 § 2(A), 1995; Ord. 201 § 1, 1999)
With the exception of those terms specifically defined herein, the definitions set forth in the Political Reform Acts of 1974, (California Government Code Sections 81000, et seq.) as the same may be amended from time to time, shall govern the interpretation of this chapter.
"Candidate"
means an individual who is listed on the ballot or who has qualified to have write-in votes on his or her behalf counted by election officials, for nomination or election to an elective office, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with a view to bringing about his or her nomination or election to an elective city office, whether or not the specific elective office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any officeholder who is the subject of a recall election. An individual who becomes a candidate shall retain his or her status as a candidate until such time as that status is terminated pursuant to Section 84214 of the California Government Code. "Candidate" does not include any person within the meaning of Section 30l(b) of the Federal Election Campaign Act of 1971.
"Committee"
means any person or combination of persons who directly or indirectly does any of the following in connection with supporting or opposing a candidate for city council or a city measure:
1. 
Receives contributions totaling $500 or more in a calendar year;
2. 
Makes independent expenditures totaling $500 or more in a calendar year;
3. 
Makes contributions totaling $500 or more in a calendar year.
No person who exerts a significant amount of control over the actions, expenditures, or decisions of a committee which supports or opposes any candidate for city council, shall hold any position of similar control with any other committee that supports or opposes the same candidate or candidates for city council. This provision shall not apply to treasurers of committees if such treasurers do not participate in or control in any way the decisions of the committee as to which candidate or candidates receive contributions from the committee or are supported or opposed by the committee.
"Contribution"
means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee or elected officer is a contribution to the candidate, committee or elected officer unless full and adequate consideration is received for making the expenditure. The term "contribution" includes: (i) the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events; (ii) the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended, on an equal basis to all candidates for the same office; (iii) the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration; (iv) any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received; (v) a loan and any extension of credit in excess of 30 days, except as provided below, which shall be considered a contribution from the maker of the loan, and shall be by written agreement and filed with the candidate's or committee's campaign statement on which the loan is first reported.
The term "contribution" does not include: (i) amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement; (ii) a payment made by an occupant of a home or office for costs related to any meeting or fund-raising event held in the occupant's home or office if the costs for the meeting or fund-raising event are $500 or less; (iii) volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her; (iv) the proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public and which is secured or guaranteed, or a loan made under circumstances making it clear that the loan is not for political purposes; (v) any independent expenditure as defined in the Political Reform Act of 1974.
Contributions—Acceptance.
A contribution shall be deemed accepted on the date when it is negotiated, deposited, spent or utilized. A contribution which is returned to the contributor within 14 days of receipt, and which is not negotiated, deposited, spent or utilized, is not considered to have been accepted within the meaning of this chapter.
"Controlled committee"
means a committee which is controlled directly or indirectly by a candidate or ballot measure proponent or which acts jointly with a candidate, controlled committee or ballot measure proponent in connection with the making of expenditures. A candidate or ballot measure proponent controls a committee if he, his agent or any other committee he controls has a significant influence on the actions or decisions of the committee.
"Measure"
means any city-wide initiative, referendum, recall or city council sponsored ballot measure which appears on the ballot at a municipal election.
"Person,"
as defined herein, means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, and labor organization and any other organization or group of persons acting in concert.
Political Reform Act.
"Political Reform Act of 1974" means Title 9 of the California Government Code, Sections 81000, et seq., as it now exists or may be amended. "Political Reform Act of 1996" means that certain initiative measure enacted by the voters as Proposition 208 on the November 5, 1996 statewide ballot amending the Political Reform Act of 1974 and adding new provisions thereto.
(Prior code § 21001; Ord. 103 § 1, 1994; Ord. 126 § 2(A), 1995; Ord. 165 §§ 2—4, 1997; Ord. 201 §§ 2—4, 1999)
A. 
Declaration of Intent to Solicit and Receive Contributions. No candidate for city council, and no committee acting on behalf of such candidate, shall solicit or accept, or cause to be solicited or accepted any contribution for use in an election for such office unless and until such candidate shall have on file with the city clerk a valid declaration of intent to solicit and receive contributions in connection with candidacy for city council at a specific election. Such declaration shall be filed in letter form with the city clerk, and shall designate the specific election for which all funds raised shall be directed. The declaration shall be void at the earlier of: (i) 90 days following the date of the candidate's withdrawal, defeat, or election to office for which such declaration is filed; or (ii) the date upon which the candidate and his or her controlled committee shall have fully paid all outstanding debts or bills for such election.
B. 
Contributions by Persons or Committees.
1. 
No person shall make to any candidate for city council or the candidate's controlled committee, and no such candidate or controlled committee or person exhibiting a significant amount of control over the actions, expenditures or decisions of such committee shall accept from any person a contribution or contributions that would cause the total amount contributed by such person to the candidate or the candidate's controlled committee to exceed $250 for each single election for member of the city council.
2. 
No person shall make to any committee which supports or opposes any candidate or candidates for city council, and no such committee or person exhibiting a significant amount of control over the actions, expenditures or decisions of such committee shall accept from any person a contribution or contributions totaling more than $250 per election.
3. 
The limitations of this subsection shall not apply to expenditures of a candidate's personal funds on behalf of his or her own candidacy.
C. 
Family Contributions. Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated. Contributions by children under 18 years of age shall be treated as contributions attributed equally to each parent or guardian.
D. 
Anonymous Contributions. No candidate for city council, including the candidate's controlled committee, and no committee which supports or opposes a candidate or candidates for city council or a city measure, shall solicit or accept an anonymous contribution in any amount. Any anonymous contributions received by a candidate or committee shall be promptly paid over to the city treasurer for deposit in the general fund of the city and shall be earmarked and used for the purpose of defraying the costs of elections conducted by the city.
E. 
Identification of Contributors. No contribution shall be deposited into a campaign checking account unless the name, address, occupation, and employer of the contributor are on file with the candidate or committee receiving the contribution.
F. 
Cash Contributions and Expenditures. No person shall make to any candidate for city council or to any committee, and no such candidate or committee or person exhibiting a significant amount of control over the actions, expenditures or decisions of such committee shall solicit or accept, a cash contribution which causes the total amount contributed in cash by that person to equal $25. Each contribution of $25 or more shall be made by written instrument containing the names of the persons making and accepting the contribution. No candidate or committee shall make any expenditure of $25 or more in cash.
G. 
Contributions by City Contractors and Bidders.
1. 
No person who contracts with the city, or who solicits a city contract, either for the rendering of services or for the furnishing of any material, supplies, or equipment to the city, or for selling any land or building to the city, or for any other purpose, directly or indirectly, shall make any contribution to a candidate for city council, to such candidate's controlled committee, to the officeholder account of any member of the city council, or to any committee which supports or opposes a candidate or candidates for city council during any contract period. For the purposes of this subdivision, a "contract" shall mean any agreement legally enforceable in favor of or against the city, whether written or oral, which has been approved pursuant to the city's then current purchasing procedures or applicable state law. For the purposes of this subdivision, the "contract period" shall commence at either (i) the date negotiations between the city and the contractor are initiated; (ii) the date on which a bid or proposal is submitted to the city by the contractor; or (iii) the date upon which a contract between the city and the contractor is executed by either party, whichever is earlier. The "contract period" shall terminate at either (i) the award of the contract to another bidder; or (ii) the completion of performance of the contract by the contractor, whichever is later. This subdivision shall not apply to contracts or agreements for the disbursement of federal grant funds or to contracts pursuant to which the party contracting with the city does not receive a monetary benefit.
2. 
No candidate for city council, including his or her controlled committee, committee, nor any agent or intermediary for any such committee, shall knowingly solicit any contribution to such a candidate or committee from any person prohibited by subdivision 1 of this subsection from making such a contribution.
H. 
Disclosure of Agent and Employer. No person shall make a contribution on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the contribution both his or her own full name and street address, occupation, and the name of his or her employer, if any, or his or her principal place of business if he or she is self-employed, and the full name and street address, occupation, and the name of employer, if any or principal place of business if self-employed, of the other person. The recipient of the contribution shall include in his or her campaign statement the full name and street address, occupation, and the name of employer, if any, or principal place of business if self-employed of both the intermediary and the contributor.
I. 
Intermediary. A is an intermediary for transmittal of a contribution if he or she delivers to a candidate or committee a contribution from another person unless such contribution is from the person's employer, immediate family or an association to which the person belongs. No person who is the treasurer of the committee to which the contribution is made or is a person exhibiting a significant amount of control over the actions, expenditures or decisions of the committee to which the contribution is made or is the candidate who controls the committee to which the contribution is made shall be deemed an intermediary for the contribution.
(Prior code § 21002; Ord. 103 § 1, 1993; Ord. 126 § 2(A), 1995; Ord. 165 § 5, 1997; Ord. 171U § 2, 1998; Ord. 201 §§ 5—7, 1999; Ord. 289 § 1, 2006)
A. 
Committees Subject to Candidate Control.
1. 
Campaign Committee and Checking Account.
a. 
A candidate shall have no more than one controlled committee and one campaign bank account out of which all expenditures shall be made for each elective office for which he or she has filed a statement of intention.
b. 
Upon opening an account, the name of the bank or savings and loan institution and the account number shall be filed with the city clerk on the next regular business day that the office is open.
c. 
Any funds disbursed from the candidate's checking account shall only be disbursed by checks signed by the candidate or by the committee's authorized signer.
B. 
Committees Not Subject To Candidate Control.
1. 
Campaign Committee Checking Accounts.
a. 
One campaign bank account shall be established by each committee supporting or opposing a candidate for elective office or a measure.
b. 
Upon opening an account, the name of the bank or savings and loan institution and the account number shall be filed with the city clerk on the next regular business day that the office is open.
c. 
Funds shall only be disbursed from the account by check signed by the committee's authorized signer.
2. 
Disclaimers. Persons and committees not subject to the control of a candidate for elective office but who make expenditures on his or her behalf shall indicate clearly on any material published, displayed or broadcast that it was not authorized by the candidate whenever the expenditures in whole or in part would have been covered by the limitations of this chapter if they were subject to the control of the candidate.
(Prior code § 21003; Ord. 103 § 1, 1993)
A. 
Literature, Mailings, Radio and Television Advertisements. All campaign literature, mailings or radio and television advertisements shall identify the name(s) of the sponsor(s) of the political advertisement in six point print or larger.
B. 
Identification with Candidate. No sponsor of any political advertisement may identify itself in support of a candidate by a name which includes the name of an individual candidate for elective office without first obtaining that candidate's express written consent.
C. 
Mass Mailings, Requirements. All mass mailings shall comply with the requirements of California Government Code Section 84305.
(Prior code § 21004; Ord. 103 § 1, 1993)
A. 
Generally. Any filing requirements that are in any way additional or different from those set forth in Government Code Section 84200, et seq., shall apply only to candidates for elective office seeking election to the city council in a municipal election within the city's jurisdiction, to committees subject to candidate control, or to committees uncontrolled by candidates which are formed or existing primarily to support or oppose a candidate or local ballot measure which is being voted on only in a municipal election. All reports and statements filed under this chapter shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of his or her knowledge it is true and complete.
B. 
Statements Generally.
1. 
Required. Each candidate for elective office and each committee shall file as a public record with the city clerk, four sworn cumulative itemized reports showing the individual and total amounts of contributions accepted and expenditures made with respect to such election. The required statements must be completed on campaign statement forms required to be filed by state law so long as such forms are completed in sufficient detail to comply with the requirements of this chapter. Such statements shall contain a declaration by that candidate or committee chairperson that the candidate or committee has neither accepted nor solicited any campaign contribution in excess of the limitations.
2. 
Contributions. Every person who signs or verifies any report or statement required to be filed under this chapter shall list in such reports or statements each contributor, and where required, each agent or intermediary of such contributor by name, address, occupation, and employer, together with the amount contributed and method of payment, be it cash, check or otherwise.
3. 
Expenditures Generally. For each person or committee to whom an expenditure is made related to a candidate for elective office during the period covered by the report, for expenditures of less than $100, the campaign statement shall show the total amount of such expenditures. If an expenditure is for $100 or more, the expenditure shall be reported by including the amount of each expenditure, the name and address of the person to whom the expenditure was made, and a brief description of the purpose of the expenditure.
4. 
Times for Filing Generally. Campaign statements required under this section shall be filed at the time required by Government Code Section 84200, et seq. Notwithstanding the one thousand dollar ($1,000.00) threshold contained in Government Code Sections 82036, 82036.5, 84203, and 84204, any contribution shall be reported in compliance with those sections.
(Prior code § 21005; Ord. 103 § 1, 1993; Ord. 126 § 2(A), 1995; Ord. 136 § 2, 1995; Ord. 165 § 6, 1997; Ord. 201 §§ 8—10, 1999)
A. 
Misdemeanor Violations and Fines. Any person or candidate or committee or person exhibiting a significant amount of control over the actions, expenditures or decisions of such committee or candidates for elective office who violates any-provision of this title is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding $1,000, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment, unless such violation is subsequently prosecuted as an infraction in the discretion of the city prosecutor in which case such person is guilty of an infraction punishable as provided in Section 1.16.010(B).
B. 
Injunctive Relief. The city prosecutor may sue for injunctive relief to enjoin violations and to compel compliance with the provisions of this chapter either upon their own initiative or upon the complaint of any interested party. No civil action alleging a violation of this chapter may be filed against a person pursuant to this section if the criminal prosecutor is maintaining a criminal action against that person pursuant to subsection A of this section.
(Prior code § 21006; Ord. 103 § 1, 1993; Ord. 126 § 2(A), 1995; Ord. 201 §§ 11, 12, 1999)