HomeMy WebLinkAboutOrdinance 536 aw
CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No 536, adopted by the
Atascadero City Council at a regular meeting thereof held on November 25, 2008, and that it has
been duly published pursuant to State Law
DATED-
Marcia McClure Torgersou, C.M.C. i
City Clerk
City of Atascadero, California
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ORDINANCE NO 536
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA,
AMENDING THE ATASCADERO MUNICIPAL CODE
BY ADDING CHAPTER 19 TO TITLE 2 ADOPTING AN ORDINANCE
TO BE KNOWN AS "ATASCADERO CAMPAIGN ORDINANCE"
WHEREAS, the City Council desires to adopt an ordinance providing for a voluntary
expenditure limit on campaigns by City Council candidates, and,
WHEREAS, the City Council further desires to provide incentives and benefits to
encourage candidates to comply with the voluntary expenditure limit, and,
WHEREAS, the City Council further desires to reduce the dollar amount requirement for
late contributions from the requirement set by State law
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS
SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and
finds that this ordinance will include a voluntary expenditure limit on campaigns by City Council
candidates with incentives and benefits to encourage compliance with the limit, and this
ordinance will reduce the dollar amount requirement for late contributions from the State law
requirement.
SECTION TWO. Adoption. The City Council of the City of Atascadero hereby amends Title
2 of the Municipal Code by adding Chapter 19 as follows
2-19.01 Title.
This chapter shall be known as the "Atascadero Campaign Ordinance" and is intended to
supplement the provisions of the State Political Reform Act (California Government Code
Section 81000, et. seq ) The provisions of this chapter are expressly intended to be more
restrictive than the provisions of State law This chapter applies only to candidates for City
Council
2-19.02 Purposes and Intent.
The City Council enacts this chapter to provide benefits and incentives that encourage City
Council candidates to agree to voluntarily limit campaign expenditures
City of Atascadero
Ordinance No. 536
Page 2 of 4
2-19.03 Voluntary Expenditure Limit.
(a) Expenditures
The term "expenditures" as used in this chapter shall mean the total of the expenditures
by a City Council candidate and any campaign committee controlled by the candidate
(b) Declaration of Candidacy Statement
Each candidate for City Council office shall file, with their nomination papers, a
"Declaration of Candidacy Statement" ("Declaration") which will be in a form to be
determined by the City Clerk. At the time of filing his/her Declaration, the candidate
shall indicate on the Declaration his/her acceptance or rejection of the voluntary
expenditure limit set forth herein City Council candidates who agree to adhere to
voluntary campaign expenditure limitations in accordance with this chapter, and who
spend more than the voluntary campaign expenditure limitation, must notify the City
Clerk pursuant to the provisions of this chapter
(c) Limitation on Expenditures
The voluntary campaign expenditure limit shall be twelve thousand dollars ($12,000 00)
and the base was established in June 2008 as adjusted in the manner provided by this
chapter The adjustment to the voluntary expenditure limit will be calculated by the City
Clerk. For City Council elections conducted with the City's general municipal election,
the adjustment will be made on June 1 For special municipal elections called to fill a
vacant seat on the City Council, the adjustment will be made ninety days before the
special election. The adjustment will be rounded off to the nearest hundred dollar figure
downward if $49 99 or less or upward if $50 00 or more The adjustment will be based
upon the Consumer Price Index increment as determined by the United States
Department of Labor, Bureau of Consumers (CPI-U), Los Angeles/Riverside/Orange,
CO, CA Area— all items, or successor index
(d) Within three working days of the close of the candidate filing period for City Council, the
City Clerk shall notify in writing all candidates of the acceptance or refection of the
voluntary expenditure limit by the other candidates.
(e) A candidate who agrees to accept the voluntary expenditure limit in this article may not
change that decision, except that if an opposing candidate files a statement of refection of
the voluntary expenditure limit, the candidate may rescind by written notice to the City
Clerk his/her acceptance of the voluntary expenditure limit within three working days of
receipt of the notice from the City Clerk issued pursuant to Section 2-19 03(d)
(f) Incentives and Benefits
For candidates accepting the voluntary expenditure limits, the following benefits and
incentives will apply-
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City of Atascadero
Ordinance No. 536
Page 3 of 4
(1) The City will pay the cost of the Candidate's Statement Of Qualifications as
printed in the Official Voter Information Guide
(2) The fact of a candidate's participation in the voluntary expenditure limit program
will be posted by the City Clerk on the City's website and at City Hall
(3) Ten working days after the close of the candidate filing period for City Council,
the City Clerk will issue a press release to newspapers, radio and television
stations announcing the names of the City Council candidates, if any, who have
accepted the voluntary expenditure limit established by this chapter
(4) Each participating candidate may use the designation "voluntary spending linut
candidate" in all election and campaign materials except for the Candidate's
Statement of Qualifications that is included in the voter pamphlet.
(g) Should a City Council candidate agree to accept the voluntary expenditure limit in this
chapter and thereafter, whether intentionally or inadvertently, fail to abide by that
agreement, then the candidate upon discovering said failure shall cause written notice of
such failure to be received by the City Clerk's Office within one working day and the
following rules shall apply-
(1) The candidate shall forthwith pay the City Clerk's estimated cost of the
Candidate's Statement Of Qualifications as printed in the Official Voter
Information Guide
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(2) The candidate shall immediately discontinue use of the designation "voluntary
spending limit candidate" in all election and campaign materials
(3) The City Clerk shall post a notice on the City's website and at City Hall and issue
a press release stating that the candidate had agreed to the voluntary expenditure
limit, but has exceeded the limit.
(h) The candidate shall be responsible for monitoring his/her campaign expenditures to
ensure compliance with the voluntary expenditure limit set by this chapter The City
Clerk is not responsible for monitoring campaign expenditures or advising candidates
who have exceeded, or are close to exceeding, the expenditure limit as that is the
responsibility of the candidate
2-19.04 Reduction of dollar amount for late contribution reports.
In addition to all contribution reporting requirements set forth in the California Government
Code and other applicable state laws, the threshold requirement for reporting late contributions
for City Council candidates shall be reduced from the State requirement, currently $1000, down
to $250 (two hundred and fifty dollars), including in kind services and donations These late
contributions shall be reported on the Fair Political Practices Commission (FPPC) late
contribution form, currently referred to as the 497 Contribution Report.
""" 2-19.05 Applicability of other laws.
City of Atascadero
Ordinance No. 536
Page 4 of 4
Nothing in this chapter shall exempt any person from applicable provisions of any other laws of
�... this State or the City
SECTION THREE. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public
INTRODUCED at a regular meeting of the City Council held on October 28, 2008, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
November 25, 2008, by the following roll call vote
AYES Council Members Beraud, Luna and Mayor Brennler
NOES Council Members Clay and O'Malley
ABSTAIN None
ABSENT None
ATTEST CITY - TASCADERO
NA1
Marcia McClure Torgerson, C.iWCU, City Clerk ike Brennler, Mayor
APPROVED AST F
Brian Pierik, City Attorney
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