[1]
Editor's note: Ord. No. 711, § 1, adopted Aug. 8, 1983, repealed former Art. X, which pertained to campaign reform, consisted of §§ 2-95.1—2-97, and was derived from Ord. No. 618, § 2, adopted March 7, 1978. Ord. No. 978, § 1, adopted Aug. 24, 1998, added new provisions as Art. X, §§ 2-95.1—2-95.10, to read as herein set out. The sections in this article, previously designated as §§ 2-95.1—2-95.10, have been renumbered as 2-125—2-134 at the city's instruction to maintain continuity with the previous articles, as amended.
The purpose of this article is to ensure an environment in the city wherein the public can be informed about all contributions made to or expenditures made by all candidates for elective office or persons supporting or opposing measures affecting the municipal affairs of the city. To achieve this purpose, this article imposes heightened reporting requirements for campaign contributions or expenditures beyond those required by state law.
(Ord. No. 978, § 1, 8-24-98)
This article is intended to be a supplement to and in no way be in conflict with the Political Reform Act of 1974. Unless otherwise defined in this article, words and phrases shall have the same meaning here as that given to them by the Political Reform Act.
(Ord. No. 978, § 1, 8-24-98)
The definitions set forth in the Political Reform Act of 1974 as amended (Government Code Section 82000 et seq.) shall govern the interpretation of this article, unless otherwise specified herein.
Whenever the following words are used in this article, they shall be construed as follows:
"Advertisement"
means any general or public communication which is authorized and paid for by a committee for the purpose of supporting or opposing a candidate(s) for municipal elective office or a municipal ballot measure(s). A communication that expressly advocates for or against a clearly identified municipal candidate(s) or measure(s), as defined in Government Code Section 82025, supports or opposes a candidate(s) for municipal elective office or a municipal ballot measure(s). Advertisement excludes communications paid for by a candidate or candidate-controlled committee established for elective office for the controlling candidate and communications from an organization to its members other than a communication from a political party to its members. Advertisement includes print and written advertisements, including mass mailings (as defined in Government Code Section 82041.5 and includes email), newspaper ads, and flyers. This article does not apply to small promotional items such as pens, pencils, mugs, clothing, skywriting or other items where the required disclosures are impracticable or cannot be reasonably printed or displayed in an easily legible typeface. This article does not apply to video or audio advertisements.
"Candidate"
means any individual who is listed on the ballot, or who has begun to circulate nominating petitions or authorized others to circulate petitions on his or her behalf, for nomination for or election to a city 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 a city office, whether or not the specific intent to seek nomination or election to the city office 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 that time. "Candidate" also includes any person holding a city office.
"City measure"
means a measure or proposition, initiated pursuant to Elections Code §§ 9200 et seq., 9235 et seq., or 9255 et seq., which is intended to be or is being voted on in a city election.
"City office"
means an elected office of the city, including the city council, or any other office which shall become elective in the future.
"Committee"
means any person or combination of persons who, for political purposes relating to a city election, directly or indirectly receive contributions in any 48-month period, or who directly or indirectly makes expenditures in any 48-month period. "Committee" includes controlled committees.
"Contribution"
means: (i) a payment, a forgiveness of a loan, a payment of a loan or pledge of security for a loan or an enforceable promise to make a payment, by anyone other than a candidate, his or her spouse, or the candidate's parents 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; (ii) forgiveness of a debt or other obligation to pay for goods or services rendered, or reduction of the amount of a debt or other obligation to pay for goods or services rendered resulting from a settlement of a claim disputed by the candidate or committee, unless it is clear from the circumstances that the amount of the reduction was reasonably based on a good faith dispute and not for political purposes; and (iii) any expenditure made at the behest of a candidate or controlled committee, unless full and adequate consideration is received by the maker of the expenditure.
(1) 
The term "contribution" shall also include the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events; a candidate's own money or property used on behalf of his or her candidacy; the granting of discounts or rebates not extended to the public generally; the granting of discounts or rebates by television or radio stations or newspapers which are not extended on an equal basis to all candidates for the same office; and the payment of compensation by any person for the rendition of personal services or expenses of any other person, or the rendition of personal services or the payment of expenses by any person, if such services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration by the candidate or committee.
(2) 
The term "contribution" shall also include:
(a) 
The cost of any meeting or fund-raising event held in public or private facilities in honor or on behalf of a candidate or committee having a value of $100 or greater; and
(b) 
Anything of value provided to or for the benefit of a candidate or committee, but not including volunteer personal or professional services as long as there is no understanding of reimbursement.
(3) 
A contribution is made on the date the payment, forgiveness of debt or loan, expense or donation is actually received or the date when an irrevocable pledge to make a payment, forgive a debt or loan, or incur an expense or make a donation is actually made, whichever is earlier.
"Controlled committee"
means a committee which is controlled directly or indirectly by a candidate, or which acts jointly with a candidate in connection with his or her campaign. A candidate controls a committee if he or she, his or her agent, or any other committee he or she controls has a significant influence on the actions or decisions of the committee.
"Cumulative contribution"
means the cumulative amount of contributions received by a committee beginning 12 months before the date of the expenditure and ending seven days before the time the advertisement is sent to the printer.
"Earmarked funds"
means any of the following:
(1) 
The contributor solicited and received the funds from donors for the purpose of making a contribution to the committee paying for the advertisement.
(2) 
The funds were given to the contributor subject to a condition, agreement or understanding with the donor that all or a portion would be used to make a contribution to the committee paying for the advertisement, including the identification of the committee as a potential recipient.
(3) 
The contributor had existing funds from a donor and a subsequent agreement or understanding was reached with the donor that all or a portion of the funds would be used to contribute to the committee paying for the advertisement, including the identification of the committee as a potential recipient.
(4) 
The funds were promised, subject to an enforceable promise, to the contributor subject to a condition, agreement or understanding with the donor that all or a portion would be used to make a contribution to the committee paying for the advertisement, including the identification of the committee as a potential recipient.
"Election"
means any primary, general or special election held in the city, and includes any recall election.
"Expenditure"
means a payment, a forgiveness of a loan, pledge of security for a loan, or a payment of a loan by anyone other than a candidate or his or her spouse, or an enforceable promise to make any of the above, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure is made on the date the payment is made or on the date consideration, if any, is received, whichever is earlier.
"Independent expenditure"
means any expenditure or donation of anything of value, including the gratuitous rendition of services having a value of $100 or greater, made by any person in connection with a communication which expressly supports or opposes the nomination, election, defeat, or recall of a candidate(s) for city office, city measure(s), or otherwise unambiguously urges a particular result in a city election. An independent expenditure is made on the date the payment is made, services are rendered, or consideration, if any, is received, whichever is earlier.
"Payment"
means a payment, reimbursement, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property services or anything else of value, whether tangible or intangible.
"Person"
means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor union, and any other organized group of persons acting in concert.
"Political Reform Act"
shall mean the Political Reform Act of 1974, as amended, Government Code § 81000 et seq., as it may be amended from time to time.
"Top contributors"
means the persons from whom the committee paying for an advertisement has received its five highest cumulative contributions, provided that each person's cumulative contributions total at least $2,500. If fewer than five persons have made cumulative contributions of $2,500 or more, 'top contributors' means all such persons.
(1) 
If two or more contributors of identical cumulative amounts qualify as top contributors, the most recent contributor shall be listed before any other top contributor of the same amount in any disclosure required by this article.
(2) 
If a contributor appears to qualify as a top contributor but received earmarked funds to make all or part of the contribution, the person, entity or committee that earmarked the funds and provided the funds to the contributor shall instead be disclosed as the top contributor. The person, entity or committee that transferred earmarked funds shall disclose the true source of the funds to the committee receiving the earmarked funds at the time the funds are promised or transferred.
(Ord. No. 978, § 1, 8-24-98; Ord. 1230, 2/23/2026)
(a) 
Required Use of Electronic Filing System.
(1) 
Except as set forth in subsection (i) of this Section 2-128, any candidate, committee, or other person required to file specified statements, reports, forms or other documents detailing contributions, expenditures, independent expenditures or payments as required by Chapter 4 of Title 9 of the California Government Code (also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may electronically file such statements using the city's online system according to procedures established by the city clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of that candidate, committee, or other person must be filed electronically.
(2) 
A candidate, committee, or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the city clerk, until such time as the city council determines that electronic filing is mandatory for all filers.
(b) 
Paper Filing Not Required After Electronic Filing. Any candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the city's online system is not also required to file a copy of that document in a paper format with the city clerk.
(c) 
Report Form. Reports, statements, forms or other documents required shall be on the forms required by the Political Reform Act, and shall contain the following:
(1) 
The name, street address, and telephone number of the person or committee making the contribution, expenditure, independent expenditure, or payment and of the committee's treasurer.
(2) 
If the report is related to a candidate, the full name of the candidate and the city office for which the candidate seeks nomination or election.
(3) 
If the report is related to a city measure, the full name by which the city measure is designated or proposed to be designated.
(4) 
The total amount of contributions received related to the candidate for city office or city measure during the period covered by the report.
(5) 
The total amount of expenditures related to the candidate for city office or city measure during the period covered by the report.
(6) 
The total amount of independent expenditures related to the candidate for city office or city measure during the period covered by the report.
(7) 
The total amount of payments made related to the candidate for city office or city measure during the period covered by the report.
(8) 
For each person for whom a contribution has been received, and/or from each person to whom an expenditure, independent expenditure, or payment has been made on behalf of a candidate for city office or city measure during the period covered by the report:
(i) 
His or her full name.
(ii) 
His or her street address.
(iii) 
If the person is a committee, the name of the committee, the number assigned to the committee by the Secretary of State, or if no number has been assigned, the full name and street address of the treasurer of the committee.
(iv) 
The date of the contribution, expenditure, independent expenditure, and/or payment.
(v) 
The amount of the contribution, expenditure, independent expenditure, and/or payment.
(vi) 
A brief description of the consideration for which each such expenditure or independent expenditure was made and the value of the consideration if less than the total amount of the same.
(vii) 
The cumulative amount of expenditures, independent expenditures, and/or payments to such person over the period covered by the report.
(d) 
Filing Schedule. Reports, statements, forms or other documents required shall be filed semi-annually and/or as required under the Political Reform Act. Reports, statements, forms or other documents detailing contributions and/or expenditures shall be filed for the semiannual periods covering January 1 through June 30 and July 1 through December 31 by the deadlines set by the Fair Political Practices Commission. A supplemental report shall also be filed for any candidate for city office or for any city measure after the closing date of the semiannual report period in which contribution(s), expenditure(s), independent expenditure(s) or payment(s) exceeds $500.00. Such supplemental report shall be filed with the city clerk's office by the deadlines set by the Fair Political Practices Commission.
(e) 
Filing Options When a Copy Must Be Filed with City Clerk. In any instance in which an original statement, report, form or other document must be filed with the Secretary of State or other agency, a copy of that document is required to be filed with the city clerk, the filer may electronically file a copy with the city clerk, or may file in a paper format.
(f) 
Paper Filing When Cannot File Electronically. If, for technical reasons, the city's system is not capable of accepting a particular type of statement, report, form or other document, a candidate, committee, or other person shall timely file that document in paper format with the city clerk.
(g) 
Internet Posting of Data. The city clerk shall ensure that the city's system makes all electronically-filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The city clerk's office shall also make a complete, unredacted copy of the statement, report, form or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.
(h) 
Records Retention. The city clerk's office shall maintain records according to the city's records retention schedule and applicable state law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.
(i) 
The reporting requirement contained herein shall apply only to candidates seeking election for city office, their controlled committees, committees formed or existing primarily to support or oppose the candidacy of a candidate for city office, to committees formed or existing primarily to support or oppose the qualification of, or passage of, a local ballot measure which is being voted on only in the city, and to city general purpose committees active only within the city.
(Ord. No. 978, § 1, 8-24-98; Ord. 1209, 6/24/2024)
(a) 
No individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee (including both controlled and independent committees), labor union, or any other organization or group of persons acting in concert shall make to a candidate for elective city office, and no candidate for elective city office shall accept from any such person or entity, campaign contributions totaling more than $1,250 per election.
(b) 
A contribution shall not be considered accepted if it is not negotiated, deposited, or utilized and, in addition, is returned to the donor within 14 days of receipt.
(c) 
The provisions of this section do not apply to a candidate's contributions of the candidate's personal funds to the candidate's own campaign.
(d) 
Adjustment of Contribution Limits. The contribution limits set forth in this section shall be adjusted every odd-numbered year, starting in 2029. The city clerk shall adjust the contribution limits to reflect any changes in the Consumer Price Index for the Orange County area for the two-year period ending on December 31st of the previous year. Adjustments shall be rounded to the nearest $10.00. The city clerk shall publish a public notice of any adjustments by March 1st of each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics' release of the applicable Consumer Price Index data. The adjustments shall go into effect as soon as the public notice is published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to raise the contribution limits applicable to past elections or to special elections held in the same year that the limits are adjusted.
(Ord. 1230, 2/23/2026)
(a) 
In addition to required disclosures under the Political Reform Act,[1] any advertisement paid for by a committee shall disclose the names of the top contributors to the committee paying for the advertisement. Following the identification of the committee as required under the Political Reform Act, the advertisement shall disclose the names of the top contributors. If fewer than five contributors qualify as top contributors, only those contributors that qualify shall be disclosed. If no contributors qualify as top contributors, no top contributor disclosure is required. The disclosure shall read: "Major funding by (name and occupation or business interest, and city of residence or principal place of business)," identifying the top contributors to the committee paying for the advertisement.
[1]
Editor's Note: See Government Code § 81000 et seq.
(b) 
Notwithstanding Government Code Section 84505, if a top contributor is a committee, the top three contributors who have each made cumulative contributions of at least $2,500 to that committee shall also be disclosed.
(c) 
Documentation. The following items shall be submitted to the city clerk on the same day the required Fair Political Practices Commission (FPPC) forms in support of the expenditures for the advertisement are filed:
(1) 
A copy of the advertisement subject to this section.
(2) 
If the FPPC forms supporting the disclosures listed on the advertisement are not FPPC forms filed with the city, identification of the jurisdictions with which the forms are filed and a list of forms filed in support of the disclosures.
(3) 
A rebuttable presumption shall apply that the advertisement was sent to the printer on the same date as the expenditure listed on the FPPC form filed for the advertisement. This presumption may be overcome by documentation submitted to the city clerk that the advertisement was sent to the printer on a different date.
(d) 
Disclosures on Print Advertisements.
(1) 
For the purposes of this section, print advertisement shall mean print and written advertisements, including, but not limited to, mailers, flyers, door hangers, yard signs, and billboards.
(2) 
A print advertisement designed to be individually distributed, including, but not limited to, mailers, flyers, and door hangers, shall include the disclosures required in this article, displayed as follows:
(i) 
The disclosure area shall have a solid white background and shall be in a printed or drawn box on the bottom of at least one page that is set apart from any other printed matter. All text in the disclosure area shall be in a contrasting color.
(ii) 
The text shall be in an Arial or Arial-equivalent typeface that is easily legible to an average reader or viewer, with a type size of at least 10 points.
(iii) 
The top contributors, if any, shall each be disclosed on a separate horizontal line, in descending order, beginning with the top contributor who made the largest cumulative contributions on the first line. The name of each top contributor shall be centered horizontally in the disclosure area.
(3) 
Notwithstanding subsection (d)(2)(ii), a print advertisement that is larger than those designed to be individually distributed, including, but not limited to, yard signs or billboards, shall include disclosures in Arial or Arial-equivalent typeface with a type size of at least five percent of the height of the advertisement. The disclosure shall appear on a solid background with sufficient contrast to be easily readable by the average person. Each top contributor shall be disclosed either on a separate horizontal line as set forth in subsection (d)(2)(iii) or separated by commas.
(4) 
Exception. If a committee paying for an advertisement has at least one top contributor, as defined by this article, that also qualifies as a top contributor as defined by California Government Code Section 84501(c), as amended, replaced or renumbered from time to time, the committee shall disclose the contributors from whom it has received its five highest cumulative contributions of $2,500 or more in the manner required for print and electronic media as set forth in California Government Code Section 84501, et seq., as amended, replaced or renumbered from time to time. This exception shall not be construed to require disclosure of more than five top contributors.
(e) 
Enforcement.
(1) 
Criminal Enforcement. Any person who knowingly, willfully or negligently violates any provision of Section 2-128.1 or 2-128.2 is guilty of a misdemeanor. Any person who causes any other person to violate any provision of said Section 2-128.1 or 2-128.2, or who aids and abets any other person in the violation of any provision of said Section 2-128.1 or 2-128.2, shall be liable under this subsection (e). Any monetary penalty for such a violation shall be the maximum amount permitted by law.
(2) 
Civil Enforcement. Any person who intentionally or negligently violates any provision of this article shall be liable in a civil action brought by the city attorney. Where no specific civil penalty is provided, a person may be liable for an amount up to $5,000 for each violation. Upon collection, any such sum shall be deposited into the city's general fund.
(3) 
Injunctive Relief. The city attorney, or a person residing within the city, may bring an action for injunction relief to enjoin violation of, or to compel compliance with, any provision of this division if the city attorney declines to file such an action. A person other than the city attorney may bring a civil action for violations of this division if the city attorney declines to file a civil action. If a judgment is entered against a defendant in such an action, the private plaintiff shall receive 50% of the amount recovered, and the remaining 50% shall be deposited into the city's general fund. If two or more persons are responsible for any violation of this article, they shall be jointly and severally liable. In determining the amount of liability under this subsection, the court may take into account any mitigating and aggravating factors. No civil action alleging a violation of this article shall be commenced more than two years after the date of the election for which the funds at issue were contributed or expended.
(Ord. 1230, 2/23/2026)
Violation of this article shall be punished as an infraction, and subject to the penalty(ies) as specified in section 1-7(c) of this Code.
(Ord. No. 978, § 1, 8-24-98)
The city attorney on behalf of the city, or any resident of the city, may sue for injunctive relief to enjoin any violation of or to compel compliance with any provision of this article.
(Ord. No. 978, § 1, 8-24-98)
In any action authorized by this article, the court shall award to a prevailing party his or her costs of litigation, including reasonable attorney's fees.
(Ord. No. 978, § 1, 8-24-98)
Any civil action for violation of any provision of this article shall be commenced within four years after the date on which the violation occurred, or thereafter shall be barred.
(Ord. No. 978, § 1, 8-24-98)