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Home My WebLink AboutCC Ord 1381 1994-01-10 ORDINANCE NUMBER /.;1a / . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AMENDING CHAPTER lB OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO CAMPAIGN FINANCING 'THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1 SECTION I. Chapter lB of the Code of the City of Seal Beach is hereby amended to read as follows: "CHAPTER IS ELECTION CAMPAIGNS Section 1 Bol. Purnose. The purpose of this Chapter is to foster broader participation in the local political process by: (a) Requiring additional late campaign finance disclosure from candidates and committees involved in election campaigns for the City Council, and from committees which support or oppose City ballot measures, thereby making the public aware of candidates' and committees' use of campaign funds immediately preceding the election; and (b) Limiting the time in which candidates and committees in City Council races may accept and solicit contributions, thereby reducing the influence oflate campaign contributions; and (c) Placing limits on the amounts any person or committee may contribute or otherwise cause to be available to campaigns in support of or against candidates for the City Council; and .1 (d) Establishing a voluntary expenditure ceiling in City Council campaigns, in order to slow the rapid rise in the cost of such campaigns. Section lB-2. Definitions. The definitions contained in the Political Reform Act of 1974, as amended, (Government Code Sections 82000, ~., shall govern the interpretation of terms in this chapter, except that: (a) "Candidate" shall mean any 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 the City Council of the City ofSeal Beach, or who receives a contribution or makes an expenditure or gives his or her express or implied consent for any other person to receive a contribution or make an expenditure for the purpose of bringing about his or her nomination or election to the City Council of the City of Seal Beach, 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 member of the City Council 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 301(b) of the Federal Election Campaign Act of 197I. I (b) "City measure. shall mean any city-wide initiative, referendum, recall or City Council sponsored ballot question, including proposed City Charter amendments, which appears on the City-wide ballot at any municipal election. I I 'I Ordinance Number /:JB / (c) "Committee" shall mean any person or combination of persons who directly or indirectly does any of the following in connection with a campaign for the City Council of the City of Seal Beach: (I) Receives contributions totalling two hundred fifty dollars ($250.00) or more in a calendar year; or (2) Makes independent expenditures totalling two hundred fifty dollars ($250.00) or more in a calendar year to support or oppose any candidate, slate of candidates, or committee formed to support or oppose a candidate or candidates for the City Council of the City of Seal Beach. (3) Makes contributions totalling one thousand dollars ($1,000.00) or more in a calendar year to or at the behest of candidates or committees. A person or combination of persons may constitute a committee for the purposes of this chapter, whether or not that person or combination of persons is required to report activity pursuant to the Political Reform Act. (d) "Contribution" shall mean: (I) 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; (ill) 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 offull 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 thirty (30) days, except as provided below, which shall be considered a contribution from the maker of the loan, and shall be by written agreement, a copy of which agreement shall be filed with the candidate's or committee's campaign statement on which the loan is first reported. (2) 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 five hundred dollars ($500.00) or less; (ill) 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) an independent expenditure. Ordinance Number 13B/ (3) A contribution shall not be considered to be received if it is not negotiated, deposited, or utilized, and in addition it is returned to the donor within fourteen (14) days of receipt. (e) "Person" shall mean 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. Section IB.3. Campaign Contribution Limitation. I (a) No person or committee other than an individual candidate shall make, and no person, committee or candidate shall solicit or accept, any contribution or loan which will cause the aggregate amount contributed and/or loaned by such person or committee with respect to a single district election for a member of the City Council, in support of or opposition to a candidate for such office, including contributions or loans to all committees supporting or opposing such candidate, to exceed two hundred fifty dollars (5250.00). (b) The limitations of paragraph (a) of this Section shall not apply to expenditures ofa candidate of his or her personal funds on behalf of his or her own candidacy. (c) Contributions from two or more entities shall be aggregated and, hence, treated as though received from the same person, when received from: (i) entities which share a majority of members on their boards of directors; (ii) entities which share two or more officers; (iii) entities which are owned or controlled by the same majority shareholder or shareholders; (iv) entities which are in a parent-subsidiary relationship, or where one entity is a branch, I division, department or local unit of the other; (v) an individual and any general partnership in which the individual is a general partner; (vi) an individual and any corporation in which the individual owns a controlling interest (d) In addition to the limitations imposed in Section IB-5, no candidate or officeholder or the controlled committee of such candidate or officeholder shall solicit or accept a contribution before six (6) months prior to the date of the primary election or later than one (1) month after the date of the latest election in which the candidate or officeholder is listed on the ballot or is a write-in candidate. (e) No contribution shall be deposited into a campaign bank account of a candidate, a candidate's controlled committee or any committee, and no candidate or campaign treasurer shall authorize such deposit, unless the contributor's name, address, occupation, and employer or, if self employed, name of business, is first on file with the recipient candidate or committee. Section IB-4. Additional Cam.pailJll Disclosure Reauirements. In addition to any other campaign disclosure report required by law, candidates for the City Council, committees supporting or opposing such candidates, committees supporting or opposing any City measure, and committees supporting or opposing any combination of candidates andJor City measures, shall file with the City Clerk a supplemental preelection statement not later than 12:00 noon the Thursday immediately preceding the election, which shall cover the period beginning sixteen (16) days before the election and closing at 5:00 p.m. the Tuesday one week before the election. I Section !B-5. Prohibition of Late Contributions. No contribution shall be received or solicited by any candidate nor any committee supporting or opposing any candidate or combination of I I I Ordinance'Number /39/ candidates for the City Council after 5:00 p.m. of the Tuesday one week before the election until the day following the election. Section lB-6. VoluntlUy CamDaign Expenditure Limit. There is hereby established a voluntary campaign expenditure ceiling for candidates for Member of the City Council offive thousand dollars ($5,000) in a primary nominating election and an additional three thousand dollars ($3,000.00) for a runoff or general municipal election, commencing with the 1994 election cycle. Thereafter, the voluntary campaign expenditure ceiling may be adjusted by Resolution of the City Council each City election cycle by an amount not to exceed the percentage change in California per capita income as calculated in accordance with subdivision (a) of Government Code Section 7901 or its successor. The voluntary campaign expenditure limit shall apply to the combined campaign expenditures by a candidate and any controlled committee of that candidate. Section IB-7, Statement ofIntention to Comply. The City Clerk shall provide to candidates, at the time each candidate for the City Council tiles his or her declaration of candidacy, a form statement of intention to abide by the voluntary campaign expenditure ceiling imposed by this chapter. A candidate who intends to abide by the voluntary campaign expenditure ceiling shall personally sign and return the statement of intent to the City Clerk not later than 24 hours following the deadline for filing a declaration of candidacy. All statements of intent shall be maintained as public records, and the City Clerk shall make available to any person upon request a list of candidates who have tiled such statements. Section lB-8. Revocation of Statement: Notification of Exceed in!! Ceiling. Any candidate who has filed a statement of intention to abide by the voluntary campaign expenditure ceiling may revoke such statement at any time, upon written request to the City Clerk, copies of which are hand delivered the same day to each opponent. Any candidate who has filed a statement of intention to comply with the voluntary campaign expenditure ceiling and who exceeds the voluntary campaign expenditure ceiling shall, on the day that the voluntary campaign expenditure ceiling is actually or practically exceeded, notify the City Clerk in writing with copies of said notification hand delivered the same day to each opponent. The provisions of this Section shall apply to all candidates who have filed statements of intention to comply with the voluntary campaign expenditure ceiling, notwithstanding the fact that any other candidate revokes a statement of intention or exceeds the voluntary campaign expenditure limit. Section lB-9. Violations - Penalty. Any person who violates Sections lB-3, IB-4, lB-5, or lB-8 of this Chapter shall be guilty ofa misdemeanor, punishable as provided in Section 1-8 of this Code. In the event ofa violation of Sections lB-3, IB-4, IB-5, or IB.8 by a candidate or a candidate's controlled committee, the candidate shall be held personally responsible for the violation. In the event of a violation by any non-candidate controlled committee, the committee treasurer shall be held responsible for the violation. . SECTION D. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION m. This ordinance shall be effective thirty (30) days after its adoption, with the exception of Section lB-3(d), which shall become effective on May 11 4. PASSED, APPROVED and ADOPTED this 199~ / tJ oIJ. day of _4:u- ,~.L/<p Mayor ~'~\'\\, #' f SEAL 8 \"1 _ 0 ....... ~... '" if ~-4.. .-ro,.'Otlf-;..'C'".. I~ j:f C' ......"" 'f).OIll os. 7J :; . . ~. ~"':~':-IC~ z . . ~ ~ 0: ' : ot~ " . '. -~ ?:,., 0 0 '2 ~ ,.,. -. to - .' : 0;:1 a. .A e. ""0 ~ .- 0 "'" -'1-....^. of,. ,q' 0. I.." ::: 'i .... .... II 27. .00 ,-"= 1'1(:' C' ....... (:~,:#,. 11\\,,?UNl'<' ~.;o "\\~~ Ordinance Number ;I~J' STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certifY that the foregoing ordinance is the original copy of Ordinance Number A~e / on file in the office ofth~lerk, ~OdUced at a meetinj held on the /~ ~ day of , ....,,~"" .h) . /9?:J . and passed, approved and ad~ted by the City Council oft e City of Seal Beach at a meeting}hereofheld on the /,{) - day of /4?4. by the following vote: NOES: Councilmember ABSENT: councilmemb4.# ... and do hereby further certifY that Ordinance Number / ~8 / has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. ~N37; C ti I I I I I I Ordinance Number ~~lrl PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space for for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled malter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv In the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124n5. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: 4ar/4C~n2j. . ~ all in the year 19..aa.... Proof of Publication of ............................ . ............................ . SUMMARY . . ORDINANCE NUMBER 1381 AMENDS MUNICIPAL CODE CHAPTER 1.B ELECTION CAMPAIGN FINANCING ()dI_ Number 1381 01 the CI\y 01 S8oI_ amoncII Chapl8r 1-8 oIlho MIln"",,", Code raloDnll lit kIcaI eIecIIDn cal1'\PlllDn 18lIl*1IDnI...... ~coJly reqUIres an .cIdidanll cern_n __ure~lrnjlslho mnountl q pIrIDf! or cammltlH __l8or_..- ..lie __1D campaign. lor c:ancflCl.....lmltllh. lme In which candldal8lft committeeS., City CaunCII.... msy _ ond sheil aonlnbutlanl and HDIbIlSheS .....,181)' eJqlBll/lnlMe ..linG In CIIy eaunal c8mpa1gn.. Ofdlnanc:a ...._,38,.... i_.t!he MuIar City Councd Meeting on 1lOco_1311l,1993 andfirst IOlllI,ng .... oppnMId by !he -ng-' AYES: Brawn, Doone, Forsythe, Hasbng., Laszlo Noes: None Mobon CarrlOd . OrdInance number 138' WlH receive SBCDnd reac:hng and be .....cIorad lor adoP.'DlOn 01 !he '!IGUIar CilY Council moeIIng 01 o!Ifflloty ,O,.'IIM. COol" 01 OdInance M1mber 13111 are aVIIUabIe from me office 01 the City CIortt City HoII, 211 . 811I S..... SooIll8iii:ti: l8Iophano (310)431- 25%7. 01 DATED lHlS 1411I day Docsmbor ,1993. olooMO M. foo, CIty CIoi1c CI\y.f 5001_ __ [)ocIOmbOr 23. 111113 J certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this L!> day of ~J.". , 19..aa..., ~ - : (ilr- "drA"'~ . y.,.- Slgn~u e PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 MaIn Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Ordinance NUmber ;I~t1/ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space for for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled malter, I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of ~ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124n5. Case Number A82583; that the notice of which the annexed is a printed copy (set In type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of I SUMMARY ORDINANCE NUMBER 1381 ~~~~T~9~.9~~~~~Q~.~~~~~C)~~.~~GULAL N ............................ . 1/20 all in the year 19~. QmnaJy- Ordinance tunber1381 EIIlcIIon Campaign financing Regulllllons oa......._,381.-1I1OQ~.- S8i__~'-Il'-1tw IobuapoICade-.g,,__ ____.7De_bIy -..-......- -.. -. irms nll/!lUlSany pnon arDDrTmID8e may CD1rItluIit or otIerwI&8 Cll.lllb be avaIabIe 11 _rollr_ImIs1he"", nwhd1 c:andldaasrd QQmrnDBe n CllyCDl61OlI8Cllll~_and_ _"""Wld__aw>\nllry -""""'ir1I "CllyCOunal ~ oaiini"""f3B1 --~8'ld_ 0ll0pBj ........CllyCaa1ol _1II""""OIl,1111M"''' -..-. AVES:--..O""~, ~: -.CaorBl eq,.aIOdrwm_ '38'.. -1an"_<llIl1oCllyClolk, CllyHIII.2"...-.SaIII_: IIIIopta1e 1310J 431-2527 DATED 1lIS , ""far 01"""', '9114. JarnoM. Vao,ClrCloot< CllyolS8i_ "'-wd"""'2D.1l11l4 I I certify (or declare) under penalty of perjury that the foregoing is true and correct. PUBLlCATIO OCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. BOl: 755 Seal Bes~h, CPo 90740 (310)430-7555 I