14. Campaign voluntary capOFFICE OF T'HE C17Y CLERK
CITY HALL
10300 TORRE AVE~IUE - CUPERTINO, CA 950'14-3255
C O P E RT I N O TELEPHONE: (408) '777-3223 -FAX: (408) 777-3366
SUMMARY
Agenda Item No. ~ ~ Meeting Date: March 3, 2009
SUBJECT AND ISSUE
Consider renewing the voluntary -cap of $26,:500 for campaign expenditures for the 2009 City
Council election.
BACKGROUND
In 1997 the City Council fast set a voluntary campaign expenditure limit of $15,000 which has been
increased periodically. (See chart next page).
If the limit is adopted for the 2009 election, it would be voluntary and would have no force of law.
Candidates may indicate in writing to abide by the limitation. The sample voter's ballot then shows
a black diamond by the candidate's name that iridicates the candidate has agreed to the expenditure
limit.
Since Nov. 2007, postage costs have increased by one cent, and another two cent increase is
expected in 2009.
RECOMMENDATION:
1. Adopt the attached resolution setting a volwitary expenditure cap of $26,500 for the election of
2009; or
2. Amend the resolution setting a diiTerent expenditure cap; or
3. Take no action, which means there will be: no expenditure limit, voluntary or otherwise, for
Council candidates.
Submitted by:
Kimberly Smith
City Clerk
Ap~~roved for submission:
Da.~id Knapp
Cit:~ Manager
is-~
March 3, 2008
Page 2
ELECTION YEAR VOLUNTARY
EXPENDITURE LINIIT NOTES
1997 $15,000
1999 $20,000 Rancho Rinconada
Annexation
2001 $20,000
2003 $20,000
2005 $26,000 Postage increases
Garden Gate and Monta Vista
Annexations
2007 $26,500 Posta a increases
2008 S ial Election $26,500
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RESOLUTION NO. 09-036 ®~ ~ "
A RESOLUTION OF TIC CUPERTINO CITY COUNCIL
ADOPTING A VOLUNTARY E:~PENDITURE LINIIT FOR THE
NOVEI~~ER 3, :2009 ELECTION
WHEREAS, the City Council adopted Resolution No. 07-121 which established a voluntary
expenditure limit of $26,500 for the November 6, 2007 election and Resolution No. 07-I67 which
established a voluntary expenditure limit of $26,500 for the February S, 2008 special election.
WHEREAS, on November 3, 2009 a General Municipal Election will be held to fill vacant
seats, and the City Council wishes to apply the same voluntary expenditure limit to that election.
NOW, THEREFORE, BE TI' RESOLVED:
1) Candidates for City Council are requested to limit their campaign expenditures to
$26,500 for the City Council. election of 2009.
2) Any non-monetary contribution is deemed to be a campaign expenditure made by the
receiving committee on the date of receipt, and it counts against the voluntary expenditure limits
established by this resolution if an expenditure for equivalent goods or services would have been a
campaign expenditure described in Attachment A_ The amount of the expenditure shaII be the fair
market value of the contribution on the date of receipt.
3) The voluntary expenditure limit does not establish a recommended voluntary
campaign expenditure ceiling within the meaning of Government Code section 85400 et seq. It is
the intent of the City Council, in adopting this resolution, not to trigger the enhanced .campaign
contribution limits contained in Government Code section 85402(a) et seq.
4) In the event that any candidate wishes to abide by the campaign contribution limit
requested by the City Council, he or she may file with the City C1erlc a written notice of his or her
intent to limit his or her campaign expenditures to $26,500 for the 2009 election, and such intent
will be indicated in the official voter's pamphlet.
5. The cost of printing and translating Candidate Statements shall not be counted against
the voluntary expenditure cap of $26,500.
6. The provisions of this resolution have no force of law.
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Resolution No_ 09-036
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of March, 2009, by the following vote:
Vote Members of the City Council
AYES :
NOES:
ABSENT`:
ABSTAIN:
AT'IBST:
City Clerk
APPROVED:
Mayor, City of Cupertino
~a-a
Resolution No. 09-036 Attachment A Page 3
1. Expenditures related to mailing or distribu-lion of campaign literature, signs, buttons, bumper
stickers and similar items, shall be allocated to the next election following the date(s) on
which the expenditures were made or, if the election is held on the date when the
expenditures were made, to the election held on that date.
Z. Expenditures related to publications in broadcast, print or electronic media shall be allocated
to the next election following the date(s) specified in the contract for broadcast, publication,
or dissemination or, if the election is held on the date specified for publication, broadcast, or
dissemination, to the election held on that date.
3. Expenditures related to telephone banks, including costs of design and operation, costs of
installing or renting telephone lines and equipment, toll chazges, personnel costs, rental of
office space, and associated consultants' fees, shall be allocated to the next election
following the date(s) on which the expenditures were made or, if the election is held on the
date when the expenditures were made, to the election held on that date.
4. Expenditures on professional services, including fees and costs of campaign consultants and
pollsters, shall be allocated to the next election following the date(s) on which the
expenditures were made or, if the election is held on the date when the expenditure was
made, to the election held on that date. In the event that a contract for professional services
allocates specific fees and costs to particu]az elections, the terms of the contract will govern
allocation of expenditures to each election. If a contract provides for a bonus payment
should the candidate win a particular elextion, the bonus payment is an expense of the
election whose result triggers the payment obligation.
5. Overhead expenditures, including expenditures related to the lease of office space, payments
for utilities, rental or purchase of office ey~uipment and furnishings, miscellaneous supplies,
costs of internal copying and printing, monthly telephone charges, personnel costs, and
candidate or staff travel expenses, shall be allocated to the next election following the
date(s) on which the expenditures were made or, if the election is held on the date when the
expenditures were made, to the election held on that date.
6. Expenditures related to campaign fundraising shall be allocated to the election for which the
funds were raised. If fundraising expenditures cannot be assigned in this manner to a
particular election, fundraising expenditures shall be allocated to the next election following
the date(s) on which the expenditures were made or, if the election is held on the date when
the expense was incurred, to the election held on that date.
7. Unless there is a clear indication to the contrary, campaign expenditures not described. in
subdivisions (a)(I) through (a)(6) shall be allocated to the next election following the date(s)
on which the expenditures were made or, if the election is held on the date when the
expenditure was made, to the election held on that date. Refunds of any expenditure on
goods or services not provided to or used by the campaign shall be credited to the election
for which the expenditure would otherwise have been allocated.
8. 'The candidate shall maintain records establishing that his or her allocation of campaign
expenditures was consistent with this resohition.
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