HomeMy WebLinkAbout97-04 CC OrdinanceORDINANCE NO. 97-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING SECTION 2.08.060 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING A
VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR
ELF~CTIONS TO CITY OFFICES AND PROVIDING FOR AN
INCREASE IN THE CAMPAIGN CONTRIBUTION LIMITS
IN ACCORDANCE WITH THE POLITICAL REFORM ACT
OF 1996 (PROPOSITION 208)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. "The California Political Reform Act of 1996" passed by the voters as
Proposition 208 on November 5, 1996, permits cities to establish voluntary expenditure ceilings
for candidates for elective office and the controlled committees of such candidates. Pursuant to
California Government Code Section 85400(c), effective January 1, 1997, such a local voluntary
expenditure ceiling may be established in any amount not to exceed one dollar ($1) per resident
of the jurisdiction.
Section 2.
as follows:
Section 2.08.060 is hereby added to the Temecula Municipal Code to read
Article I~. Election Campaign
"Section 2.08.060. Election campaigns.
Ceiling.
Voluntary Expenditure
(a) Pursuant to Government Code Section 85400(c), a voluntary expenditure
ceiling is hereby established for each candidate in each election to City elective
office in an amount equal to one dollar ($1) per resident of the City. As used in
this Section, the term "City elective office" shall mean the offices of Member of
the City Council.
(b) The City Council shall determine the number of residents in the City for the
purposes of this Section by resolution adopted not less than seven (7) months prior
to each regular City election.
Ord$\97-04 I
(c) Prior to accepting any contributions, each candidate for City elective office
shall file with the City Clerk a statement of acceptance or rejection of the voluntary
expenditure ceiling established herein.
(d) No candidate for City elective office who accepts the voluntary expenditure
ceiling established herein and no controlled campaign committee of such a
candidate shall make campaign expenditures cumulatively in excess of the
voluntary expenditure ceiling established herein.
(e) Each candidate who rejects the voluntary expenditure ceiling established herein
shall be subject to the contribution limit set forth in Government Code Section
85301, as the same may be amended from time to time.
(f) Each candidate who accepts the voluntary expenditure ceiling established herein
shall be subject to the contribution limit set forth in Government Code Section
85402, and not the contribution limit set forth in Government Code Section 85301,
as either section may be amended from time to time. In addition, as to each such
candidate the City Clerk shall provide notification to voters that the candidate has
accepted the voluntary expenditure ceiling established herein, as required by
Government Code Section 85602 and any applicable regulations.
(g) Except as provided herein, the provisions of the California Political Reform
Acts of 1974 and 1996, Government Code Sections 81000, e, Lae, q. (collectively,
"the Acts"), and applicable regulations adopted pursuant thereto, as the same may
be amended from time to time, shall govern the interpretation and application of
this Section.
(h) The penalties and remedies for violations of this Section shall be those set forth
in the Acts."
Section 3. If any sentence, clause or phrase of this ordinance is for any reason held to
be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining
provisions of this ordinance. The City Council hereby declares that it would have passed this
ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more
sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 4. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
0rd~\97-04 2
ATI~aST:
PASSED, APPROVED AND ADOPTED this 8th day of April, 1997.
Patricia H. Birdsall, Mayor
k, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDED )
CITY OF TEMECULA )
SS
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 97-04 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 18th day of March, 1997, and that thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 8th day of April,
1997 by the following vote, to wit:
AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone,
Birdsall
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
~ jun~e S. Gree'~Z~:~C/C/AAE
City Clerk
Ords\97-04 3