HomeMy WebLinkAboutResolution 2004-099 N.C.S. 06/07/2004 resolution No.200~-099 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PETALUMA, CALIFORNIA,
PROVIDING FOR THE FILING OF ARGUMENTS
FOR CITY MEASURE SUBMITTED AT THE
NOVEMBER 2, 2004 GENERAL MUNICIPAL ELECTION
AND DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, §9219 of the Elections Code of the State of California authorizes
the City Council, by majority vote, to adopt provisions to provide for the filing of
arguments for city measures submitted at municipal elections; and,
WHEREAS, the City Council of the City of Petaluma has added to the General
Municipal Election to be held November 2, 2004, the consideration of a proposed
Campaign Finance Ordinance (attached as Exhibit A) to be placed before the voters; and,
WHEREAS, the ballot question to be voted upon at the Election is as follows:
Proposed Campaign Finance Ordinance:
"Shall the Petaluma Municipal Code Chapter 1.30 be amended to revise
existing mandatory limits on campaign contributions to City Council
and City Mayor candidates and revise the existing mandatory public
disclosure requirements?"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PETALUMA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The City Clerk is directed to transmit a copy of the measure set
forth in the recital hereto to the City Attorney.
SECTION 2. The City Attorney is directed to prepare an impartial analysis of
the measure as provided in Section 5011 of the Election Code of the State of California.
The impartial analysis shall be filed with the City Clerk by July 30, 2004; the date fixed
by the City Clerk as the deadline for submitted said material.
SECTION 3. That pursuant to Section 9219 of the Elections Code of the State of
California, arguments submitted for or against the above measure shall not exceed 300
words in length, and shall be printed upon the same sheet of paper and mailed to each
voter with the sample ballot for the election.
Resolution No. 2004-099 N.C.S.
SECTION 4. Arguments submitted for or against the above referenced measure
shall not exceed 300 words.
SECTION 5. The following appropriate heading shall precede the argument's
wording but shall not be counted in the 300-word maximum, "Argument in Support of
Measure "
SECTION 6. Printed arguments submitted to voters in accordance with Section
9219 of the Elections Code shall be filed with the City Clerk, accompanied by the printed
name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at least
one of its principal officers.
SECTION 7. Said arguments are due in the Office of the City Clerk prior to 5:00
p.m. on Friday, August 13, 2004.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
on the .........7.`.~ day of .,.....J~t~......................................, 20.8.4., by the
following vote:
City Attorney
AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: None
ABSENT: Non n
ATTEST: )
..l`~...................... ~
City Jerk Mayor
Council File
Res. No.......2Q04-Q99.........N.C.S.
Exhibit
AN ORDINANCE OF THE, VOTERS OF THE CITY OF PETALUMA
AMENDING CHAPTER I.30 OF THE PETALUMA MUNICIPAL CODE AND
SETTING MANDATORY LIMITS ON CAMPAIGN CONTRIDUTIONS TO
CITY COUNCIL AND CITY MAYOR CANDI®ATES, ENACTING MANDATORY
PUBLIC DISCLOSURE REGULATIONS, PRESCRIBING ENFORCEMENT
MECI3ANIS1dIS AND PENALTIES FOR VIOLATIONS
T]f$E PEOPLE OF THE CITI' OF PE~'ALUMA DO ORDAIN AS FOLLOWS:
Section 1. Chapter 1.30 of Title 1 of the City of Petahima Municipal Code is hereby
arnended in its entirety, in the manner hereinafter described.
CFi:.4PTER 1.30
PETALUA~~. CAMPAIGN FINANCE
Sections:
1.30. C~ 10 Title
1.30.020 Legislaiive Intent
1.30.022 Relation to Folitical Reform Act of 1974
1.30.025 Definitions
1.30.u30 Contribution Limitation
1.3.0.035 Election Cycles
1.30.040 Disclosure Re1~.xirement
1.30.G42 Aggregation of Contributions
1.30.044 Loan to City Candidates and Their Controlled Committees
1..30.045 Outstanding Debt Retirement and Reporting
1.30.046 itiTultiple Campaign Committees
1.30.070 Independent Expenditures
1.30.080 Enforcement
1_30.010 -Title.
This Chapter shall be entitled "Petaluma Campaign Finance."
1.30.020 - Le;;islative Intent.
To assure the public that:
A. excessive campaign costs and large contributions do not cause corruption
or the appearance of corruption in the election process;
B. large campaign contributions will not be used to buy political access or to
influence governmental actions;
Resolution 2004-099 N.C.S. Page 3
C. access to large amounts of money will not be a prime requirement for
participation in the political,process;
D. they are fully informed of the contributors to political campaigns.
1.30.022 -Relation to Political Reform Act of 1974
This chapter is intended to supplement the Political Reform Act of 1974 (Government
Code Title 9, 81000 et seq.). Unless a word or term is specifically defined in this chapter, or
the contrary is stated or clearly appears from the context, words and terms used herein shall have
the same meaning as defined or used in Title 9 of the California Government Code, i.n which the
Political Reform Act of 1974 is codified, and as supplemented by the Reg.~lations of the Fair
Political Practices Commission as set forth in Title 2, Division 6 of the California Code of
Regulations, as the same may be, from time to time, amended. If a definition of any word or
term. defned in this chapter is preempted by the provision of the Political Reform A.ct or the
Regulations of the Fair Political Practices Commission, then the definition in said Act and
Regulations shall prevail.
1.30.02 -Definitions.
A. "Person" means an individual, proprietorship, firm, partnership, joint venture,
syndicate, business trust, company, corporation, limited liability company,
association, committee, and any other organization or group of persons acting in
concert.
B. "City election" means any general election, special election or recall election.
C. "Election Cycle" shall mean the applicable period as set forth in Sectiau 1.30.035.
D. "Candidate" means airy person who is a candidate for Mayor or Cit;~ Council for
the City of Petaluma, including incumbent Mayor or Council Members, appointed
or elected whether or not a candidate for reelection.
E. "Indebted Former Candidate" means a person who was a candidate for
Mayor or City Council at any City Election and who has campaign debt remaining
from such election after expiration of the Election Cycle for the office of which he
or she was a candidate.
Resolution 2004-099 N.C.S. Page 4
1.30.030 -Contribution Limitation.
A. No candidate for City Council or Mayor, candidate committee, or council member
or Mayor shall solicit or accept any contribution, including any "in-kind"
contribution, that will cause the total contributions to that candidate from any
person to exceed Two Hundred Dollars ($200.00) during any Election Cycle. The
receipt of any contribution which would cause the total amount of contributions to
a candidate from a single person to exceed Two Hundred Dollars ($200.00) shall
promptly return any such excess to the donor. 'The provisions of this section shall
not apply to contributions by a candidate for City Council or Mayor of his or her
own funds to his or her own controlled commies ee. Contributions by the spouse of
a candidate for City Council or Mayor from such spouse's separate property shall
be subject to the contribution limits.
B. Elective Council Members and Candidates With Outstanding Debt From Prior
Election. No person shall make, and r~o Mayor or City Council member or
indebted former candidate, or treasurer of any controlled committee of any Mayor
or City Council member or indebted former candidate, shall solicit or accept, any
contributions for the purpose of retiring outstanding debt from a prior City
Election which would cause the total amount contributed by such person to such
Mayor or Council ir~ember or indebted former candidate or to his or her controlled
committee, to exceed two hundred dollars ($200) for the election in which the
outstanding debt vt,~as incurred, regardless of when the contribution(s) is made or
received.
C. Recall Elections. The contribution limitations set forth in subsection A above shall
also apply to any committee which collects contributions for the purpose of
making expenditures in support of or opposition to the recall of a Mayor or City
Council Member, and to contributions received by such Mayor or City Council
Member during a recall Election Cycles as defined in Section 1.30.035.
D. Candidates Personal Funds. The provisions of this section shall not apply to a
Candidate's contribution of his or her personal funds to his or her own controlled
committee. Contributions by the spouse of a Candidate from such spouse's
separate property shall be subject to the contribution limitations set forth in
Subsection A.
Resolution ?004-099 N.C.S. Pagc 5
1.30.035 -Election Cvcles.
A. .General Elections. For purposes of any election. for City Council or Mayor, the
term Election Cycle as used in this chapter shall mean the period commencing on.
January 1 of the year following a year in which a City Council election is held and
ending on. December 31 of the year in which the next succeeding election is held:
B. Special Elections. For purposes of any special election for City Council or Mayor,
the term Election Cycle as used in this chapter shall mean the period commencing
on the date a sped; l election is called by the City Council and ending on the
thirtieth (30t'') e~ay following said special election.
C. RecaEl Elections. For purposes of any recall election for City Council or Mayor,
the term Election Cycle as used in this cl-,apter shall mean the period corrunencing
on either the dote a committee is formed pursuant to the Political Reform Act ir.
support of a recall election or tree date the City Clerk approves a recall petition for
circ',zs ation and gathering of signatures, whichever occurs earlier, and ending on
tr?e thirtieth (3Gt'') day following the first to occur of any of the following:
(i) The time provided by law for the gathering of signatures or_ recall
petitions expires without. sufficient recall petition signature ha.viilg been
filed with the City Clerk to require a recall election;
(2) All, committei;s formed in support of the recall have been terminated
pursuant to the provisions of the Political Reform Act;
(3} The date the recall election is held.
D. Campaign Debi. Nothing in this chapter shall prohibit indebted candidates and!or
their. controlled campaign committee from soliciting and receiving rands to pa,~~
off their campaign debt in accordance with the provisions of Section 1.30.030,
after the e1?d of the Eiectian Cycles defined above.
1.30.040 - Disclosure Requirement.
A. Each candidate for city council or mayor, or candidate committee, or council
member or mayor, shall. provide detailed. itemization, as defined in the California
.Political Reform Act of 1974, for all contributions received in excess of Twenty-
Five Dollars ($25.00).
B. Each candidate for City Council or Mayor, or candidate committee shall file a
third pre-election Campaign Disclosure Statement (Form 460 or any successor
form thereto), as provided by the California Fair Political Practices Commission
Resolution 20G4-099 N.C.S. Page 6
for the period from the end of the period covered by tl'ie second pre-election
statement to 11:59 PM on the third business day immediately preceding election
day (normally Thursday). Such statement shall be filed with the Clerlc of the City
of Petaluma by 5:00 PM on the second business day immediately preceding
election day (normally Friday).
C. Each candidate, and each committee making independent expenditures, who
sends a mailing or distributes more than 200 substantially similar pieces cf
campaign literature shall send a copy of the mailing cr other literature to the City
Clerk. at the same time the mailing or other literature is given to the post office or
otherwise distributed. During the election campaign, the City C'l~~rk merely serves
as a repository for such literature and shall not judge or comment on the contents
of such literature.
1_30.1)42 - Aa~regation of Contributions.
'fhe contributions of any person whose contributions are directed and controlled by
another person shad be aggregated with those of the .controlling person for purpos~:s of the
contribution limits. Contributions by a married person shall be trzatP~~l as the separate
contributions of such person and shall not be aggregated wi%h any contributions of the spouse of
sttch person
1..30:044~L~an to City Candidates and. Their Co ,trolled Committees.
A. loan shall be considered a contribution. fror,~ the maker and the guarantor of the
loan and shall be subject to the contribution limitations of this chapter.
B. The proceeds of a loan made to a candidate far City Caur,cii or Mayor by a
commercial lending institution in the regular co~xrse of business on the same terms
available to members of tl-~e public shall not be subject to the contribution
limitations of this chapter if the loan is made directly to the candidate. The
guarantors of such a loan shall remain subject to the contribution limits of this
chapter.
C. Extensions of credit (other thaw loans pursuant to sttbsectiort B) for a period of
more than thirty (30) days are subject to the contribution limitations of this
chapter.
Resolution 2004-099 N.C.S. Page 7
(1) An "extension of credit" means the provision of goods or services for
which payment in full is not received. An extension of credit is deemed to
begin by the earlier of two date:
(a) 15 days ailer the date specified on the invoice for payment; or
(b) 45 days from the date the goods or services were delivered.
(2) "Payment in full" means payment of not less than fair market value for the
goods or services provided.
(3) An extension of credit fcr a period of more than 30 days is a contribution
subject to the contribi.ltion':imitations of the ordinance, except as provided
in s~ubsectiors (d), (e), (f) and of this section.
(4} If a candidate or a candidate's controlled committee has an extension of
credit for more than ,G days outstanding with a provider or vendor of
. goods or service, any additional credit extended to the candidate or the
candidate's controlled committee by the same provider or vendor of goods
or services shall b~ 3 corribution to the candidate or the candidate's
controlled comr_~ittee from the person subject to all of the contribution
limitations of the Act.
(5) If all of the fo}lo«~ing criteria are satisfied by a provider or vendor of
goods or service, it shall (k) be a complete defense for the pro~~ider or
vendor of the goods or services in any enforcement action initiated by the
City, a:~d (ii) relieve the provider or vendor of the goods or services of
reporting requirements of this title;
.(a) The credit arrangement was recorded in a written instrument;
(b) It is a primary burin; ss of the provider or vendor oi' goods or
services to provide similar goods or services;
(c) The provider or vendor of goods or services provided the goods or
services in the ordinary course of business and on the same tc~rms
and conditions offered to customers generally;
(d) The provider or vendor of goods or services did not have actual.
knowledge that the candidate or committee would not be able to
pay within the time limit specified in Subsection (a);
(e) The .pro rider or vendor of goods or services made reasonable
efforts to collect the full amount of the payment owed within one
hundred twenty (1261 days of the date specified in s~absec:tion (a);
Resolution 2004-099 N.C.S. Page 8
(f) The provider or vendor of goods or sen~ices entered into the
agreement with the intent that the candidate or committee would
be required to pay within the time limit specified in subsection (a);
and,
(g) The provider or vendor of goods or services did not extend any
additional credit to the candidate or the candidate's cortrol~ed
committee when the candidate or the candidate's controlled
committee already rad an extension of credit for xrrore than 30
days outstanding with the same provider or vendor of goods or
services as provided in subsection (d).
D. This section shall apply only to loans and extensions of credit used or intended for
use for car:~paign purposes or which are otherwise connected with the holding of
public ofirce.
1.30.04: - C7utsa.~ld~ng >7Lbt Retirement and Reporting
:irry _Vlayor or City Council member or indebted former candidate, or any
controlled committee of any such officer or candidate, accepting anv
cor,tributian(s) for the purpose of retiring outstanding de'oi fi~am a pr_ci- City
lectiorl and required by City or state law to report such cc~l7tributi,~rrs c~rr
Schedule 4 of Fair Political Practices Commission Penn 46U, or any successor
form thereto, shall, at the time required for the reporting of suc;h corrtj-irutions on
Schedulers and in addition to any other reporting requirements under state la~~v,
clearly designate on said Schedule A which contributions were received fer the
~~urpose of retiring outstanding debt and for which prior City Electron such
contributions were received.
B. Any contribution accepted for t'ne purpose of retiring outstanding debt. from a
prier City Election shall be applied to reduce or .retire said outstanding debt in the
same reporting period in which such contribution was accepted.. The application
of any contribution to retire outstanding debt from a prior City Election (i,e.,
repayment of outstanding loans and payrrrent of accrued expenses) shall be
itemized and identified on the appropriate schedules and on tl~e. Summary Page of
Toren 460, or any successor form thereto, provided by the Fair Political Practices
Commission.
Resolution 2004-09~i N.C.S. Page 9
C. If a Mayor or City Council member or indented former candidate, or a controlled.
committee of any such officer or candidate, receives centributions for the purpose
of retiring outstanding debt from a prior City Election and the amount of the.
contributions exceeds the amount of the debt, the excess fiends may Ue used for
any other campaign or officeholder expense and ~ha1.1. not be subject to the
aggregation requirements set forth in section 1.30.042 in the election cycle in
which the excess .funds are expended.
1.30.046 - :Multiple Campaign Co_nmittees.
A. A candidate f'or City Council or Mayor shat hav° no more than one con±rolled
committee and. such controlled committee shall ha~I~ or~iy one bank account out of
which all qualified campaign and officeholder expenses related to that ot~'ice shall
be made.
B. This section does not prevent a candidate for City Council or Mayor or a City
Council member or 1Wfayar from establishing anotrer controlled committee s;.~lely
for the purpose of running for a state, federal county ar other elective office, or
for opposing his or her recall.
1.30.070 -Independent Expenditures:
A. Any person or entity rriaking independent expenditures which aggrega±e in
excess of Twenty-Five Bollars ($25.0;?) during any election Cycle shall deliver
. notice in writing of such independent expenditure, as ;ry~ell as the amount of such
expenditure., and a detailed description of the use of such independent
expenditure. Such notice shall be filed with the cit;~ clei-; on a farm prepared by
the city clerk for such purpose. The notice shall _specifcally state the name of the
candidatti or candidates wham the independent expenditure is intended to support
or oppose and sha11_ also include the information. required to be provided in the
Campaign L)isclosure Statement (form 465 or any successor form thereto} as
provided by the California Fair Political Practices Commission. Each
independent expenditure shall require delivery of a new notice: Such notice shall
be filed for tre same reporting periods and be the same deadlines as are
expenditures by Candidates pursuaalt to the California Fain Political Practices Act
and by Section 1.30.040~B} of this ordinance.
Resoiuiion 2(%04 J99 N.C.S. Pale 10
B. Any person or entity making an independent expenditure in excess of Twenty-
Five Dollars 025.00) shall disclose in any political message produced by the
expenditure, the full r_ame, address, and phone number of the person or
organization, the name of the registered. agent, the amount of the expenditure, and
the specific statement that the advertisement of material.. is not authorized by any
candidate. Persons or organizations who make independent expenditures for or
against a Candidate or committee shall indicate clearly on any material published,
displayed or broadest that it was not authorized by a Candidate or committee
controlled by a Candidate. Such disclosure shall be printed in 12-point type or
larger in ariy printed materials, and prominently displayed in any non-printed
materials or message.
1.30.080 -Enforcement.
A. ~Io Criminal Penalties. Notwithstaulding any other provision of the Petaluma
i~tl:uni:;ipal Ccdti, any violation of any provision of this chapter shall be
enforceable solely as provided in this section.
B. Civil Iliabili±y. Any person who fails to comply with any provision or
requirement of this chapter shall be strictly liable .to the City of Petaluma in a s~.~m
riot tc~ exceed the following amount for each such violation:
(L) ~ For the making or accepting of any contribution in excess of the
applicable contribution limits specified in this chapter, a sam equal to
_ three (3) tinges the amount by which the contribution exceeds the
applicable contribution lirnit, or the sum of five hundred. doila.rs ($500),
whichever is greaier, for each violation.
(2) For any other violation of this chapter, the sum of five hundred dollars
0500) for each violation.
C. Flight to Cure Unknowing Violation. In the event a candidate accepts a
contribution and then. becomes aware it is in violation of the contribution limit,
that violation by the candidate may be excused if the candidate returns the
contribution or contributes it to the City General Fund within I4 days of
becoming aware of the violation.
Resolution ?004-099 N.C.S. Page ll
D. Debt Owing to City. Any amount due from any person pursuant to subsection (B)
above shall be a debt due and owing upon demand to the General Fund of the City
of Petaluma.
E. Civil Action to Collect Debt and Obtain Other Relief. The District Attorney of the
County of Sonoma shall file and prosecute a civil action in superior coua9-t, to
recover any amount(s) due and owing to the City of Petaluma by any person
pursuant to this section, or to enjoin any violation or otherwise compel
compliance with the requirements of this chapter.
F. Limitations of Actions. No civil action shall be brought under the provisions of
this section unless said action is filed within one (1) year following the date of
such violation.
G. Remedial Measures. If the District Attorney determines qr believes that any
person (the target party) has violated any provision of this chapter, the District
Attorney may, at his or her sole discretion, advise the target party of remedial
measures which may be taken by the target party to avoid possible civil action
(the "Remedial Measures"). Such Remedial Measures may, but need not
necessarily, include the payment of a civil fine to the City. Itiothing contained
herein shall be deemed to require the District Attorney to offer Remedial
Measures to any target party. In the event the tar~~et party is offered and timely
performs such Remedial Measures to the Satisfaction of the District Attorney, the
District Attorney shall advise the target party (and a.ny person who, in writing,
informed or complained to the District Attorney concerning ary such violation),
in writing, that the alleged violation has been resolved (the "Letter of Resolution")
and, in such event, no civil action shall thereafter be filed or maintained relating to
such alleged violation of this chapter.
Section 2. The City shall reimburse the Office of the District Attorney for all expenses
incurred in enforcing Chapter 1.30 of the Petaluma Municipal Code.
Section 3. If any section, subsection, sentence, clause or phrase or word of this ordinance
is .for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The voters of the City of Petaluma hereby declare that they would have passed
Resolution 2004-099 N.C.S. Page 12
and adopted this ordinance and each and all provisions thereof irrespective of the fact that any
one or rriore of said provisions be declared. unconstitutional, unlawful or otherwise invalid.
Section 4. This ordinance shall become effective teil (10) days after the date the vote is
declared by the city council.
Section 5. This ordinance may be amended or repealed by a unanimous vote of the city
council.
Section 6. The City Clerk is herw~by directed io post this ordinance for the period and in
the manner required by the City Charter.
Resclu!icn 2004-099 N.C.S. Page 13