Ordinance Number 1011 ORDINANCE NO. 1011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA AMENDING ARTICLE 1 OF CHAPTER 4 OF
TITLE 2 OF THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE
RELATING TO CAMPAIGN CONTRIBUTION LIMITS IN ANY SINGLE
ELECTION FOR ANY MUNICIPAL OFFICE
WHEREAS,the Political Reform Act(Government Code Section 85703)authorizes
a local jurisdiction (such as the City of San Juan Capistrano) to adopt "contribution
limitations or prohibitions ... that apply to elections for local elective office"; and
WHEREAS, the City of San Juan Capistrano desires to combat corruption and the
appearance of corruption through the adoption of a reasonable campaign contribution limit
for municipal elections that is narrowly drawn to ensure that the limit is not so low as to
prevent the mounting of an effective campaign for municipal office; and
WHEREAS, Section 2-4.103 of Article 1 of Chapter 4 of Title 2 of the City of San
Juan Capistrano Municipal Code currently limits campaign contributions in a municipal
election to two hundred and fifty dollars ($250); and
WHEREAS,the City Council nowwishes to amend Section 2-4.103 to increase the
campaign contribution limit to five hundred dollars ($500) and to add a provision requiring
the limit be reviewed every two (2) years and, if necessary, adjusted for inflation; and
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WHEREAS, Section 2-4.102 of Article 1 of Chapter 4 of Title 2 of the City of San
Juan Capistrano Municipal Code currently provides a definition of"person," but does not
provide any other definitions or otherwise limit the scope of the City's regulations relating to
campaign contribution limits; and
WHEREAS, the City Council now wishes to amend Section 2-4.102 to provide
additional definitions and to clarify the scope of the City's regulations relating to campaign
contribution limits; and
WHEREAS, Section 2-4.102 of Article 1 of Chapter 4 of Title 2 of the City of San
Juan Capistrano Municipal Code currently caps the total aggregate amount of anonymous
campaign contributions a candidate may accept in a municipal election at five hundred
dollars ($500) and requires candidates to turn over any surplus of anonymous campaign
contributions to the City for deposit in a special fund to defray the costs of municipal
elections; and
WHEREAS, the City Council now wishes to amend Section 2-4.104 to make it
consistent with the Political Reform Act's approach to anonymous contributions(set forth at
Section 84304 of the Government Code).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Juan
Capistrano, California, as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
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SECTION 2. The purpose and intent of this Ordinance is to combat corruption and
the appearance of corruption through the adoption of a reasonable campaign contribution
limit for municipal elections that is narrowly drawn to ensure that the limit is not so low as to
prevent the mounting of an effective campaign for municipal office.
SECTION 3. Sections 2-4.102, 2-4.103 and 2-4.104 of Article 1 of Chapter 4 of Title
2 of the San Juan Capistrano Municipal Code are hereby repealed as follows:
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SECTION 4. Replacement Sections 2-4.102, 2-4.103 and 2-4.104 of Article 1 of
Chapter 4 of Title 2 of the San Juan Capistrano Municipal Code are hereby added to read
as follows:
Sec. 2-4.102 — Definitions and Scope.
(a) Definitions. The following definitions used in this Article shall have the
meanings set forth below. Except as otherwise provided here, the terms and
provisions of this Article shall be interpreted in accordance with the applicable
definitions and provisions of the Political Reform Act of 1974, as amended
(Government Code Section 81000 et seq.)and the regulations of the California Fair
Political Practices Commission, as amended.
(1) "Candidate" shall mean an individual who:
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(A) Is listed on the ballot; or
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(B) Has qualified to have write-in votes on his or her behalf counted
by election officials for nomination or election to any elective city
office; or
(C) Has given his or her consent for any other person to receive a
contribution or make an expenditure with the intention of bringing
about his or her nomination for or election to any elective city office,
whether or not the specific elective office for which he or she will seek
nomination or election is known at the time the contribution is
received or the expenditure is made and whether or not he or she has
announced his or her candidacy or filed a declaration of candidacy; or
(D) Has filed a form "statement of intention" to be a candidate with
the City Clerk.
(2) "City" shall mean City of San Juan Capistrano.
(3) "Committee" shall have the same meaning as the term is defined in
Section 82013 of the Government Code, as amended.
(4) "Contribution" shall have the same meaning as the term is defined in
Section 82015 of the Government Code, as amended.
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(5) "Controlled committee" shall have the same meaning as the term is
defined in Section 82016 of the Government Code, as amended.
(6) "Election"shall mean any regular municipal or special municipal election
in the City.
(7) "Expenditure" shall have the same meaning as the term is defined in
Section 82025 of the Government Code, as amended.
(8) "Independent committee" shall mean all committees, other than
controlled committees, who make "independent expenditures" as defined
herein.
(9) "Independent expenditure"shall have the same meaning as the term is
defined in Section 82031 of the Government Code, as amended.
(10) "Person," for purposes of this Article, shall include 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.
(11) "Political Reform Act" shall mean the California Political Reform Act of
1974 (Government Code Sections 81000 et seq., as amended).
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02) "Statement of intention"shall mean the written statement, filed with the
City Clerk in accordance with Government Code Section 85200 and
regulations thereunder, declaring intention to be a candidate for a specific
elective city office.
(b) Scope.
(1) Ballot Measures. This Article shall not prohibit any person from soliciting
or accepting contributions from other persons for the purpose of supporting,
opposing or otherwise proving information about a ballot measure.
(2) Independent Committees. This Article shall not prohibit an independent
committee from soliciting or accepting contributions from persons for the
purpose of making independent expenditures.
(3) Candidate's Personal Funds. This Article shall not prohibit a candidate
from contributing his or her own money or property, including a loan,to his or
her own campaign in aid of him or herself, provided however, no candidate
shall make loans to his or her own campaign or his or her own controlled
committee where the outstanding total, at any one point in time, is more than
twenty thousand dollars ($20,000).
(4) Membership Communications. This Article shall not apply to or prohibit
"membership communications," as that term is defined in Section 85703 of
the Government Code, as amended.
(5) Commercial Loans. The provisions of this Article regarding loans and
extensions of credit shall not apply to loans or extensions of credit made by a
commercial lending institution in the lender's regular course of business on
terms available to members of the general public and for which the loan
recipient is personally liable.
Sec. 2-4.103. —Contribution Limitations.
(a) Contributions. The total campaign contribution made by any person to any
candidate and any controlled committee of that candidate may not exceed five
hundred dollars ($500) for any municipal election. The limit set forth in this
subsection shall be adjusted every two (2) years by resolution of the City Council
pursuant to subsection (d), herein.
(b) Loans. The total loan(s) made by any person to any candidate and any
controlled committee of that candidate may not exceed five hundred dollars ($500)
for any municipal election. The limit set forth in this subsection shall be adjusted
every two (2) years by resolution of the City Council pursuant to subsection (d),
herein.
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(c) Extension of Credit. No person shall extend credit, and no candidate or
controlled committee of that candidate shall solicit or accept any extension of credit
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incurred by the candidate or controlled committee.
(d) Adjusting for Cost of Living Changes. The campaign contribution and loan limits
set forth in subsections (a) and (b), respectively, shall be reviewed and, if
necessary, adjusted in January at two (2) year intervals beginning in 2016 by the
City Clerk to reflect annual changes in the Consumer Price Index (CPI) over the
previous two (2)year period.The City Clerk shall use the annual percent change in
the Consumer Price Index for All Urban Consumers (CPI-U) in the selected local
area of Los Angeles—Riverside—Orange County, CA,to determine the appropriate
rate of increase, if any. The City Clerk shall compute the adjustment for each year
separately, adding the adjustment for each year to the prior year's limit and then
rounding the total adjusted amount to the nearest ten dollar($10) increment for the
two (2) year period. The new proposed limit representing the rounded total
adjustments for the previous two (2) year period shall be presented to the City
Council for approval by resolution.
Sec. 2-4.104. —Anonymous Contributions.
No person shall make an anonymous contribution or contributions to a candidate,
committee or any other person totaling one hundred dollars ($100) or more in any
municipal election. An anonymous contribution of one hundred dollars ($100) or
more shall not be kept by the intended recipient but instead shall be promptly paid
to the Director of Finance for deposit in a special fund of the City to be used to
defray the costs of municipal elections.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of San Juan Capistrano hereby
declares that it would have adopted this Ordinance and each section, subsection,sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 6. This Ordinance shall be in full force and effect thirty(30)days after its
adoption.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be published in the manner required by law, and
shall cause this Ordinance and its certification, together with proof of publication, to be
entered into the Book of Ordinances of the City of San Juan Capistrano.
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on this 1�t day of April, 2014.
ALLEVATO, Mayor
City of San Juan Capistrano, California
ATTES
MARL 1 IS, City I k
City of an u n Capi tran California
APPROVED AS TO FORM:
HANS VAN LIGTEN, City Attorney
City of San Juan Capistrano, California
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1011 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 18t" day of March 2014, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 1"clay of April 2014,
by the following vote, to wit:
AYE OUNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato
NOE OUNCIL MEMBERS: None
ABS N OUNCIL MEMBERS: None
MARA M TR is, TY CLERK
STATE OF CALIF IA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 20" day of March 2014, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA AMEND) G A TICLE 1 OF CHAPTER 4 OF
TITLE 2 OF THE CITY OF SAN JUAN /-P TRANO MUNICIPAL CODE
RELATING TO CAMPAIGN CONTRI U I N LIMITS IN ANY SINGLE
ELECTION FOR ANY MUNICIPAL OF I E
This document was posted in the Office of the i I r
MA I RRIS, Cl CL K
San Juan pistrano, alifor 'a
v
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 3d day of April 2014, 1 caused to be posted a certified copy of Ordinance No.
1011, adopted by the City Council on April 1, 2014, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA AMENDING ARTICLE 1 OF CHAPTER 4 OF
TITLE 2 OF THE CITY OF SAN JUAN CAPIPTRANO MUNICIPAL CODE
RELATING TO CAMPAIGN CONT IBUTI N LIMITS IN ANY SINGLE
ELECTION FOR ANY MUNICIPAL O I
This document was posted in the Office of t e it Ie
I
MARIA b S, CITY C C
San Juar C pistrano, liforn'
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01011