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O2579City Council Meeting: June 26, 2018 Santa Monica, California ORDINANCE NUMBER 2� _79 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 11.04.040 AND 11.04.050 OF THE CITY ELECTIONS CODE TO MAKE A CLERICAL CORRECTION AND TO UPDATE LIMITS ON CAMPAIGN CONTRIBUTIONS TO CITY CANDIDATES WHEREAS the City desires to make a clerical correction to its Elections Code to clarify that the definitions set forth in the Political Reform Act apply to the City Elections Code; and WHEREAS, the City also desires to update the limits on campaign contributions to City candidates to keep pace with the consumer price index (CPI). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 11.04 is hereby amended to read as follows: 11.04.040 Definitions. Unless a word or phrase is specifically defined in this Chapter, the definitions set forth in the Political Reforms Act, Government Code Sections 82000 et seq., shall apply to this Chapter. The following words or phrases as used in this Chapter shall have the meanings set forth below. (a) Candidate. Any individual who has qualified to be listed on a ballot or who has solicited write-in votes on his or her behalf for election to the Santa Monica City 1 Council, Santa Monica Rent Control Board or any other elected office of the City of Santa Monica, or who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or to make an expenditure with a view to bringing about such person's election to such office, whether or not the specific elective office for which such person will seek election is known at the time the contribution is received or the expenditure is made, and whether or not such person has announced candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any office holder who is subject of a recall petition. (b) Election. Any general or special election held to elector remove a member of the Santa Monica City Council, the Santa Monica Rent Control Board or any other elected office of the City of Santa Monica. (c) Organization. Any corporation, association, partnership, committee, labor organization, political party or other similar legal entity or arrangement, whether organized for profit or not. (d) Person. A natural born individual, as well as any organization. (e) Small Contributor Political Action Committee. "Small contributor political action committee" means any committee which meets all of the following criteria: (1) All of the contributions it receives from any person in a twelve month period total fifty dollars or less. (2) It has been in existence at least six months. (3) It contributes to at least five candidates within a three-year period. (4) It is not a candidate controlled committee. (5) It receives contributions from more than one hundred persons. 2 (f) Electronic Filing. The submission of required reports and statements in an electronic format approved by the Secretary of State and the City Clerk. (g) Controlled Committee. As defined in Government Code Section 82016, a committee that is controlled directly or indirectly by a candidate or State measure proponent or that acts jointly with a candidate, controlled committee, or State measure proponent in connection with the making of expenditures. A candidate or State measure proponent controls a committee if he or she, his or her agent, or any other committee he or she controls has a significant influence on the actions or decisions of the committee. 11.04.050 Limitations on contributions from persons. (a) No person shall make to any candidate for office or to the controlled committee of such a candidate, a contribution or contributions totaling more than three hundred forty dollars for each election in which the candidate was on, is on, or is likely to be on the ballot or in which the candidate sought or seeks write-in votes. (b) No candidate for office or the controlled committee of such a candidate shall accept from any person a contribution or contributions totaling more than three hundred forty dollars for each election. (c) The limitations imposed by this section shall be adjusted every five years, commencing on July 1, 2016, by an amount equal to the percentage change in the CPI - W Index for the Los Angeles/Riverside/Orange County area, as published by the United States Department of Labor, Bureau of Labor Statistics rounded to the nearest five dollars. (d) This section shall not be interpreted or applied to violate the right of association or the right to express views through expenditures. Rather, it is intended to 3 be and shall be applied solely as a limit on campaign contributions to individuals and committees. Section 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: LANE DILA-c— City Attorney 12 Approved and adopted this 26th day of June, 2018. Ted Winterer, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2579 (CCS) had its introduction on June 12, 2018, and was adopted at the Santa Monica City Council meeting held on June 26, 2018, by the following vote: AYES: Councilmembers Himmelrich, McKeown, O'Day, Vazquez Mayor Pro Tem Davis, Mayor Winterer NOES: None ABSENT: Councilmember O'Connor ATTEST: Denise Anderson -Warren, City Clerk Date A summary of Ordinance No. 2579 (CCS) was duly published pursuant to California Government Code Section 40806.