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HomeMy WebLinkAboutAgenda Bill 5.B 6/7/2004 (1)M CITY OF PETALUMA, CALIFORNIA AGENDA ILL A; VI Agenda Title MeetinL Date June 7, 2004 Discussion and Direction Regarding Certification of Signatures for the Proposed Campaign Finance Ordinance. MeetinjZ Time ,3:00 PM ❑ 7:00 PM Category (check one) ❑ Consent Calendar ❑ Public Hearing New Business ❑ Unfinished Business ❑ Presentation Department Director Contact Person Phone. Number City Clerk Gayle Pe ersen Gayle Petersen (707) 778 -4361 Cost of Proposal Approximately $6 - $10,000 Account Number Amount Budgeted $ -0- Name of Fund Attachments to Agenda Packet Item Certification from Registrar of Voters Office Regarding Verification of Signatures. Resolution of the City Council of the. City of Petaluma, California, Ordering the Submission to the Qualified Electors of the City of a Certain, .measure Relating to Campaign Finance at the General Municipal Election to be Held on Tuesday, November 2, 2004, and Requesting the Sonoma County Board of Supervisors to Consolidate Said Election with the November 2, 2004 Presidential Election. Resolution of the City Council, of the City of .Petaluma, California,. Providing for the Filing of Arguments for City Measures Submitted at the November 2, 2004 General Municipal Election and Directing the City Attorney to Prepare an Impartial Analysis of the Measure. Summary Statement A Notice of Intent to Circulate Petitions regarding a ballot initiative to adopt a proposed Campaign Finance Ordinance was 'filed with the City Clerk on March 19, 2004. The actual petitions were circulated, signed and submitted'for verification with the City Clerk on. May .7, 2004. The number of valid signatures to qualify for the November 2, 2004 Ballot was estimated to be 2,708. The County Registrar of Voters Office .verified the petitions - and _has submitted a certification to the City Clerk's Office indicating the initiative petitions have qualified. There were approximately 3,978 signatures submitted. The ROV verified 3,486 signatures and found 2,784 to be sufficient. A; VI Recommended City Council Action /Suggested Motion options: ➢ Adopt the ordinance without alteration, at the regular meeting at which the certification of 'the petition is presented, or within 10 days after it is presented: ➢ Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405, unless the ordinance petitioned . for is required to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision. (a) of Section 1405. ➢ Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body,. the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b). Reviewed by Finance Director Revie ed Y tt ne : Apvroved kv City Manage Da e• te: Date: Today' ate Revision # and Date Revised File Code CITY OF P ETALUNL4, CALIFORNIA JUNE 7, 2004 AGENDA REPORT Discussion and Direction Regarding Certification of Signatures for the Proposed Campaign Finance Ordinance. EXECUTIVE SUMMARY A Notice of Intent to: Circulate. Petitions +regarding a ballot initiative to adopt a proposed Campaign Finance Ordinance was filed with the City Clerks Office on March 19, 2004. The actual petitions were circulated, signed and submitted for verification with the City Clerk. on May 7, 2004. The number of'valid signatures to qualify for the November 2, 2004" Ballot was estimated to be 2,708. The County Registrar of Voters Office verified the petitions and has submitted a,,certification to. the City Clerk's Office indicating the initiative petitions have qualified. There were approximately 3 signatures submitted. The ROV verified 3,486 signatures and found 2 to be sufficient. 2. BACKGROUND The California Elections Code Chapter 3; Article 1 dictates the Initiative process. The proponent of this petition adhered to this: process and followed all the appropriate procedures. 3. ALTERNATIVES The City Council has the following options according to Section 9215 of the California Elections Code: (a) Adopt- the ordinance, without alteration at the regular meeting at which the certification of the petition is presented or within 10 days after it is presented: (b) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405, unless the ordinance petitioned for is required to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section 1405. (c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative `body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b). D--- � 4. F+'INANCIAL IMPACTS According to the County Registrar's Office placing a measure on the November 2, 20.04 Municipal Election ballot would cost approximately $6,000 to $10,000. 5. RECOMMENDATION It is recommended that the City Council choose one of the following options` a. Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition,is presennted, or within IQ days after it is presented°. 'b. Submit -the ordinance, without, alteration, to .the voters pursuant to subdivision (b) of Section 1405, unless the ordinance petitioned for is required to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section. 1405. c. Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. hen the report 'is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 ,days or order an election pursuant to subdivision (b). Should the City Council choose to place the measure on the ballot, it is recommended that the: Council adopt the proposed Resolution setting forth the guidelines for the filing of arguments. D___ EEVE T. LEWIS COUNTY CLERK - RECORDER - ASSESSOR REGISTRAR OF VOTERS' EX- OFFICIO CLERK BOARD OF SUPERVISORS PUBLIC ADMINISTRATOR/ PUBLIC GUARDIAN/ PUBLIC CONSERVATOR CLERK'S CERTIFICATE TO INITIATIVE PETITION 435 FISCAL DRIVE P.O. BOX 11485 SANTA ROSA, CALIFORNIA 95406 -1485 (707) 565 -6800 (800) 750 -VOTE TDD (707) 565 -6888 FAX (707) 565 -6843 I, EEVE T: LEWIS, SONOMA COUNTY CLERK AND REGISTRAR OF VOTERS, COUNTY OF SONOMA, STATE OF CALIFORNIA, HEREBY CERTIFY THAT: That the Petaluma Amending Campaign Finance Ordinance Initiative petition was received by our office on May 7,2004 Said petition consists of 73 sections; That each section contains signatures purporting to be the signatures of qualified electors in the City of.Petaluma County of Sonoma; That attached to each section of this petition at the time it °was filed was an affidavit purporting to be the. affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the -signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name it purports to be That I verified the required number of'signatures by examining'the records of registration in this county, current and in effect at the respective, purportive dates of such signing to determine what number of qualified electors .signed the petition, and from that examination I have determined the following facts regarding this petition: 1) Number of unverified signatures filed by proponent (raw count) 1978 2) Number of'°verified signatures 3,486 a) Number of signatures found sufficient 2,784 b) Number'of signatures found not sufficient 702 (1) Not sufficient because duplicate 62 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 13 day of May, 2004. EEVE T. LEWIS, SONOMA COUNTY CLERK & REGISTRAR OF VOTERS BY: If ),,) , IC.r�.� r� e ( Deputy Debra Russotti, Deputy DI' - r. Raw'Count 3,978 Sample.Slz6, 3,978 Percent of Percent of S.igsChkked 3,466 Sigs Checked Sample Size Sigs.NotChecked 492 12.4% SlgsValld 2,784 79.9% 70.'0 % SigO In-valid 702 20.1 % 17.6% Duplicated 62 2.0% 1.6 % Non- duplicate Invalids 640 18.0% 16.1% X X -X Approved Approved 2,784- - 79. , 9 . / 6 NotReg Not Registe 219 U % PreprintedA Address affixed' by someone 3 0.1 % OutOf - Dist Out of District, 217 6.2 % Duplicate Signed more than once 62 1.8% RegDiffAdd Registered at a Different Ad 91 2.6 ` 0 /o Cantidntfy Cannot Identify 20 0.6% NoResAdd No Residence Address Give 65 1.9% NoSig No Signature 5 0.1 % PHntedSig Printed Signature 3 0.1 % SigNoMatch Signatures Don't Match 17 0.5% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN.MEASURE RELATING TO CAM'PAIG'N FINANCE AT THE GENERAL MUNICIPAL ELECTION TO 'BE HELD ON TUESDAY, NOVEMBER 2, 2004, AND REQUESTING THE SONOMA COUNTY BOARD OF SUPER >VISORS TO CONSOLIDATE SAID ELECTION WITH'TH'E NOVEMBER 2, 2004 PRESIDENTIAL ELECTION WHEREAS, a General •Municipal Election on Tuesday, November 2, 2004 has been called by Resolution No. adopted' on and WHEREAS, pursuant to authority provided by statue a petition has been filed with the legislative body of the City of Petaluma, California signed by more than 10% of the number of registered voters of the City to submit a proposed ordinance - relating to campaign financing; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters; WHEREAS, it is desirable that the Regular Municipal Election be consolidated with the Statewide Presidential Election to be held on the same date and. that within the. City the precincts, polling places and election officers of the elections be the same, and that the Election Department of the County of Sonoma canvass: the returns of the Regular Municipal Election, and that the election be -held in all respects as if there were only one election;. NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS FOLLOWS: r) - -_ SECTION 1. That pursuant to the requirements of the City of Petaluma's Charter, the following is added to the already called General Municipal Election to be herd Tuesday, November 2, 2004, for the purpose of submitting the following proposed ordinance: SHALL THE'PETALUMA,MUNCIPAL CODE CHAPTER 1.30 BE AMENDED TO REVISE; EXISTING MANDATORY LIMITS' ON YES CAMPAIGN CONTRIBUTIONS TO CITY COUNCIL AND CITY MAYOR CANDIDATES AND'REVISE THE EXISTING MANDATORY NO PUBLIC DISCOSURE REQUIREMENTS? SEC.TION.2. That the text of the ordinance submitted to the "voters is attached as Exhibit A. SECTION, 3. Pursuant to the Petaluma City Charter and requirement Election Code Section 10403, the Board of Supervisors of the County of'Sonoma is 'hereby requested to consent and agree to the consolidation of a Regular Municipal. Election with the Statewide Presidential Election on. Tuesday, November 2, 2004, for the purpose of submitting the proposed ordinance to ithe electorate of the City of Petaluma. SECTION 4. The Sonoma County Election Department is authorized' to canvass the returns of the Regular Winicipal Election. The election shall be held in all respects as if there were only one election, and only one , form of bdllot shall be used. SECTION 5 The Board of Supervisors is requested to 'issue instructions to the Sonoma County Election Deportment'to take any and all steps necessary for the holding of the consolidated election. SECTION 6. The City of Petaluma recognizes that additional costs, may be incurred by the County by reason of this consolidation and agrees to reimburse the County for such costs. • s SECTION 7: The City. Clerk shall file a certified copyy,of this resolution with the Board of Supervisors and with'the Sonoma County Election Department. SECTION 8. That in all particulars not recited. in this resolution, the election shall be held and conducted as provided by law for 'holding municipal elections. SECTION 9. That notice of the time and place of holding the election is .given and the City Clerk is authorized, instructed and directed to give further or additional notice of thel election, in time, form, and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.. Prinp 9 Exhibit A AN ORDINANCE. OF THE'VOTERS OF THE CITY OF PETALUMA AMENDING CHAPTER .1.30 OF THE PETALUMA MUNICIPAL CODE AND SETTING MANDATORY LIIYIITS ON CAMPAIGN CONTRIBUTIONS TO CITY COUNCIL AND CITE' MAYOR CANDIDATES,- ENACTING MANDATORY PUBLIC DISCLOSURE'REGULATIONS, PRESCRIBING ENFORCEMENT MECHANISMS AND PENALTIES FOR VIOLATIONS THE PEOPLE 5OF ' THE CITY OF PETALUMA DO ORDAIN AS FOLLOWS: Section 1 . Chapter 1.30 of Title 1 of the City of Petaluma Municipal Code is hereby amended in its entirety, in the manner hereinafter described. CHAPTER 1.30 Sections: 1.30.010 1.30.020 1.30.02' 1.30.025 1.30.030 1.30.03,5 1.30.040 1.30.042 1.30.044 1.30.045 1.30.046: 1.30.070 1.30'.080' 1.30:010 - Title PETALUMA CAMPAIGN FINANCE Title Legislative Intent Relation to Political Reform Act of 1974 Definitions Contribution Limitation Election Cycles . Disclosure Requirement Aggregation of Contributions Loan to City Candidates and Their Controlled Committees Outstanding Debt Retirement andReporting Multiple Campaign Committees Independent Expenditures Enforcement This Chapter -shall be entitled "Petaluma Campaign Finance." 1.30.020 - Legislative . Intentt 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; 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, §§ 81.000 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, in which, the Political Reform Act of 1974 is codified and as supplemented by the Regulations 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 defined in this chapter is preempted by the provision of the Political Reform Act or the Regulations of the Fair. Political Practices Commission, then the definition in said Act and Regulations shall prevail. 1.30.025 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 Section 1.30.035. D. "Candidate" means any person who is a candidate for Mayor or City 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 zany 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. _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 committee. 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 no 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 7or Council member 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 was '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. r)___ 1 n 1.30.03.5 - Election Cyvcles 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 special election is ,called by the City Council and ending on the thirtieth (30 day following said special election. C. Recall Elections. For purposes of any recall election for City Council' or Mayor, the term Election Cycle as used in this chapter shall mean the period commencing on either the date a committee is formed pursuant to the Political, Reform Act in support of a recall election or the date the City Clerk approves a recall petition for circulation and gathering of signatures, whichever occurs earlier, and ending on the thirtieth (30"') day following the first to occur of any of the following: (1) The time 'provided by law for the gathering of signatures on recall petitions expires without sufficient recall petition I signature having been filed with the City Clerk to require a recall election; (2) All committees '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 Debt. Nothing in this, chapter shall prohibit indebted candidates and /or their controlled campaign committee from soliciting and receiving funds to pay off their campaign, debt in accordance with the provisions -of Section 1.30.030, after the end of the Election Cycles defined above. 1.30:040 - Disclo sure '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 Cornmission for the period from the end of the period covered. by the 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 Clerk 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 of campaign literature shall send a copy of the mailing or 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 Clerk merely serves as a repository for such literature and shall not judge or comment on the contents of such literature. 1.30.042 - Aggregation of Contributions The, contributions of any person whose contributions are directed and controlled by another person shall be aggregated with those of the controlling person for purposes of the contribution limits. Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person 1.30.044 - Loan to City Candidates and Their Controlled Committees A. A loan shall be considered a contribution from 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 for City Council or Mayor by a commercial lending institution in the regular course of business on the same terms available to members of the 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 than loans pursuant to subsection B) for a period of more than thirty (30) days are subject to the contribution limitations of this chapter. (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 dates: (a) 15 days after 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 marketvalue for the goods or services provided. (3) An extension of credit for a period of more than 30 days is a contribution subject to ,the contribution limitations of the_ ordinance,_ except .as provided in subsections (d), (e), (f) and (g) of this section. (4) If a candidate or a candidate's controlled committee has an extension of credit for more than 30 days outstanding with a provider or vendor of goods or services, any additional credit extended to the candidate or the candidate's controlled committee by the same, provider or vendor of goods or services shall be a contribution to the candidate: or the candidate's controlled committee from the person subject to all of the contribution limitations of the Act. (5) If all of the following criteria are satisfied by a provider or vendor of goods or services, it shall (k) be a complete defense for the - provider or vendor of the goods or services in any enforcement action initiated by the City, and (ii) relieve the provider or of the goods or services of any reporting requirements of this title; (a) The credit arrangement was recorded in a written instrument; (b) It is a primary business of the provider or vendor of 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 terms 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 Subseciion'(a); (e) The provider or vendor of goods or services made reasonable efforts to collect the full amount of the payment owed within one hundred twenty (120) days of the date specified in subsection (a); (f) The provider or vendor of goods or services 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 ` provideer or vendor of : goods or services. did not extend any additional; credit to the candidate or the candidate's controlled committee when the candidate or the ;candidate's controlled committee already had an extension of credit for more 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 campaign purposes or which are otherwise connected with the holding of public office. 1.30.045 — Outstanding Debt Retirement and Re_portin A. Any Mayor or City Council member or. indebted former candidate, or any controlled committee of -any such officer or candidate, accepting any contribution(s) for the purpose of retiring outstanding .debt from a prior City Election `and. required by City or state -law to report such contributions on Schedule A of Fair Political 'Practices Commission Form 460, or any successor form thereto, shalt, at the time required for the reporting of such contributions on Schedule :A and in addition to any other reporting requirements under state law, clearly designate on said Schedule A which, contributions were received for the purpose of retiring outstanding debt and for which prior City Election such contributions were received. B. Any .contribution accepted for the, purpose of retiring outstanding debt from a prior 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 payment of accrued expenses) shall be itemized and identified on the appropriate schedules and on the Summary Page of Form 460, or any successor form thereto, provided by the Fair Political Practices Commission. C. If a Mayor or City Council member or indebted former candidate, or a controlled. committee of any such officer or candidate, receives contributions 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 'funds maybe used for any other campaign or officeholder expense and shall 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 Committees A. A candidate for City Council or Mayor shall have no more than one controlled committee and such controlled committee shall have only one bank account out of which all qualified campaign and officeholder expenses related to that office shall be made. B. This section does not prevent a candidate for City Council or Mayor or a City Council member or Mayor from establishing another controlled committee solely for the purpose of running for a state, federal, county or other elective office, or for opposing his or her recall. . 1.30.070 - Independent_ Expenditures ' A. Any person or entity making 'independent expenditures which aggregate in excess of Twenty -Five Dollars ($25:00) during any Election Cycle shall deliver notice in writing of such independent expenditure, as well as the amount of such expenditure, and a detailed description of the use of such independent expenditure. Such notice shall be filed with the city clerk on a form prepared by the city clerk for such purpose. The notice shall specifically state the name of the candidate or candidates whom the independent expenditure is intended to support or oppose and shall also include the information required to be provided in the Campaign Disclosure 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 the same reporting periods and be the same deadlines as are expenditures by Candidates pursuant to. the California Fair- Political Practices Act and by Section 1.30.040(B) of this Ordinance. 7 B. Any person or entity making an independent expenditure in excess of Twenty- Five Dollars ($25.00) shall disclose in any political message produced by the expenditure, the full name, 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 broadcast 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 any printed materials, and prominently displayed in any non - printed materials or message. 1.30.080 - Enforcement A. No Criminal Penalties. Notwithstanding any other provision of the Petaluma Municipal Code, any violation of any provision of this chapter shall be enforceable solely as provided in this section. B. Civil Liability. 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 sum not to exceed the following amount for each such violation! (1) For the making or 'accepting of any contribution in . excess of the applicable contribution limits specified in this chapter, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of five hundred dollars ($500), whichever is greater, for each violation. (2) For any other violation of this chapter, the sum of five hundred dollars ($500) for each violation. C. Right 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 14 days of becoming aware of the violation. 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 court,, 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 thin 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 or 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. Nothing :contained herein shall be deemed to require the District Attorney to offer Remedial Measures to any target party. In the event the target 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 any person who, in writing informed or complained to the District Attorney concerning any 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 and adopted .this ordinance and each and all provisions thereof irrespective of the fact that any - one or more of said provisions be declared unconstitutional,.'unlawful or otherwise invalid. Section 4 . This ordinance shall become effective ten (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 hereby directed to post this ordinance for the period and in the manner required by the City Charter. Pnru' , Wn 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, t2004 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 atmunicipal 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 MUN.CIPAL 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 DISCOSURE 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. SECTION 4. Arguments submitted for or against the above referenced measure shall not exceed 300 words. Page 21 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. S: /Elections /2003 /Reso 2003 re Arguments Paae 22