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ORDINANCE 1278ORDINANCE NO. 1278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REPEALING SECTIONS OF CHAPTER 2.09 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO REGULATION OF CAMPAIGN CONTRIBUTIONS AND ADOPTING SECTIONS REGARDING A VOLUNTARY EXPENDITURE CEILING FOR ALL MUNICIPAL ELECTIONS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.09 of the E1 Segundo Municipal Code amended to read as follows: "Chapter 2.09 REGULATION OF CAMPAIGN CONTRIBUTIONS 2.09.010 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES. (a) Contribution Defined. For the purposes of this section, "contribution" shall mean a payment, loans and extensions of credit (other than those made by financial institutions), a payment of a loan from a financial institution 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" shall include the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund - raising events; 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; and 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 the payment of full and adequate consideration. The term "contribution" shall further include any transfer of anything of value received by a committee from another committee. The term "contribution" shall not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement. LAX2:189521.1 1 273 Notwithstanding the foregoing definition of "contribution, the term shall not include volunteer personal services or payments made by any individual for his own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be directly or indirectly repaid to him. (b) Person defined. For the purpose of this section, "Person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, or committee. (c) Anonymous contributions by individuals. No person shall make, and no candidate or committee shall solicit or accept, any anonymous contribution which will cause the total amount of anonymous contributions by such person with respect to a single election to be One Hundred and no /100ths Dollars ($100.00) or more. A list of all amounts, names and addresses of anonymous contributors must be maintained and be available for review by the city treasurer within twenty -four (24) hours after said request is made. Any anonymous contribution of One Hundred and no /100ths Dollars ($100.00) or more shall not be kept by the intended recipient. Instead after receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section any amount in excess of this limit shall be promptly paid to the treasurer of the city for deposit in the General Fund of the city to be used for the purpose of defraying the costs of election borne by the city and shall not be used to benefit any candidate or committee. (d) Anonymous contributions. Total anonymous contributions to a candidate or committee which exceed in the aggregate One Thousand and no /100ths ($1,000.00) Dollars with respect to a single election shall not be used by the candidate or the committee of the candidate for whom they were intended. After receipt or notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section total anonymous contributions exceeding One Thousand and no /100ths ($1,000.00) dollars shall be placed in the General Fund of the city, and shall be earmarked and used for the purpose of defraying the costs of elections borne by the city and shall not be used to benefit any candidate or committee. 2.09.020 ESTABLISHMENT OF VOLUNTARY EXPENDITURE LIMITS (a) On November 5, 1996, the voters of the State of California adopted Proposition 208. Proposition 208 expressly IAX2:189521.1 -2- 1 278 authorizes local jurisdictions to establish Voluntary Expenditure Ceilings for candidates and controlled committees of such candidates for elective office not to exceed one dollar ($.50) per resident for each election in the jurisdiction in which the candidate is seeking elective office. Based upon the 1990 federal census data, the resident population of E1 Segundo is 15,223. (b) It is in the best interests of the City of El Segundo to establish a Voluntary Expenditure Ceiling for all municipal elections held in the City, in that such a ceiling could minimize the potentially corrupting influence and appearance of corruption caused by excessive contributions and expenditures in campaigns by providing a reasonable spending limit for candidates. (c) A Voluntary Expenditure Ceiling may also allow candidates and officeholders to spend a lesser proportion of their time on fundraising and a greater proportion of time communicating issues of importance to voters and constituents. (d) Pursuant to California Government Code section 85400, the Voluntary Expenditure Ceiling for each municipal election held in the City shall be $.50 and shall apply both to candidates and controlled committees of such candidates running for office." 2.09.030 ENFORCEMENT AUTHORITY. For the purpose of this chapter, "enforcement authority" shall mean the District Attorney of the County and /or the Attorney General of the State for all civil and criminal enforcement. 2.09.040 PENALTIES. All penalties prescribed by the Political Reform Act of 1974 shall apply to the provisions of this chapter and shall be mandatory.. 2.09.050 RULES OF CONSTRUCTION. The provisions of this chapter shall be construed liberally in order to accomplish the purposes of this chapter. To the extent any provision of this chapter is superseded by, or in conflict with State or Federal law, including without limitation, The Political Reform Act of 1974, as amended from time to time, such shall not affect any other provision hereof. 2.09.060 FILING DEADLINES. (a) A final pre- election filing of updated versions of all documents required by the Political Reform Act and this ordinance LAX2:189521.1 -3- 1 e_i 8 shall be filed and received by the city clerk by 12:00 Noon on the final Friday before the election and shall reflect all actual and anticipated expenditures and contributions through the date of the election. (b) A final post- election filing of all documents required by the Political Refonn Act and this ordinance must be received by the city clerk by 12:00 Noon on the third day after the election which shall reflect all actual expenditures and contributions through the date of the election. 2.09.070 CIVIL ACTIONS. The Court may award to a plaintiff or defendant, other than an agency, who prevails in any action brought under this Chapter his costs of litigation, including reasonable attorney's fees. SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, AND APPROVED this 21stday of 1997 ATTEST: October an a Jacobszzmayor o the City of 19 Segundo, California i y Mo en, y C er SDAL) Mark Hens ey, City Attorney IAX2:189521.1 -4- 12"13 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being ORDINANCE NO. 1278 is a full, true correct original of ORDINANCE NO. 1278 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REPEALING SECTIONS OF CHAPTER 2.09 OF THE ELSEGUNDO MUNICIPALCODE RELATING TO REGULATIONS FO CAMPAIGN CONTRIBUTIONS AND ADOPTING SECTIONS REGARDING A VOLUNTARY EXPENDITURE CEILING FOR ALL MUNICIPAL ELECTIONS. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 21ST DAY OF October. 1997, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman Friedkin, Councilman Weston, and Councilman Gordon NOES: None ABSENT: None ABSTAINED: None NOT PARTICIPATING: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1278 was posted and /or published in the manner prescribed by law. INDY OTESE City Clerk of the City of El Segundo, California (SEAL) 1 Gi