CC Resolution No. 16-046 Adopting a Voluntary Expenditure Limit for the November 8, 2016 ElectionRESOLUTION NO. 16-046
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING A VOLUNTARY EXPENDITURE LIMIT FOR THE
NOVEMBER 8, 2016 ELECTION
WHEREAS, the City Council adopted Resolution No. 14-137 which established a voluntary
expenditure limit of $28,000 for the November 2014 election.
WHEREAS, on November 8, 2016, a General Municipal Election will be held to fill vacant
seats, and the City Council also wishes to apply an expenditure limit of $33,000 to that election.
NOW, THEREFORE, BE IT RESOLVED:
1) Candidates for City Council are requested to limit their campaign expenditures to
$33,000 for the 2016 general election.
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 shall be
the fair market value of the contribution on the date of receipt.
3) 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 Clerk a written notice of his or her
intent to limit his or her campaign expenditures to $33,000 for the 2016 election, and such intent
will be indicated in the official voter's pamphlet.
4) The cost of printing and translating Candidate Statements shall not be counted
against the voluntary expenditure cap of $33,000.
5) The provisions of this resolution have no force of law.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this
17th day of May, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chang, Vaidhyanathan, Paul, Wong
Sinks
None
None
APPROVED:
k<A ~ :fbr Grace Schmid1/1tYC1€fk of Cupertino
Resolution No. 16-046
Page2
Attachment A
Regulations of the Fair Political Practices Commission, Title 2, Division 6
California Code of Regulations, Chapter 5, Section 18540
Voluntary Expenditure Ceilings
(a) For purposes of Government Code section 85400, campaign expenditures shall
be allocated to primary, general, special, or runoff elections as follows:
1. Expenditures related to mailing or distribution 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.
2. 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 charges, 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 particular
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 election, 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 equipment 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
Resolution No . 16-046
Page 3
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. Fundraising expenditures for the payment of debts under Government
Code section 85316 shall not be counted against the voluntary expenditure ceilings
established under Government Code section 85400.
7. Unless there is a clear indication to the contrary, campaign expenditures not
described in subdivisions (a)(l) through (a)(6) of this regulation 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 under Government Code section 85400 was consistent with
the provisions of the Act and of this regulation. (b) The allocation of expenditures
under this regulation shall be reported pursuant to subdivision (c) of 2 Cal. Code
Regs. Section 18421.4. (c) A non-monetary contribution is deemed to be a campaign
expenditure made by the receiving committee on the date of receipt, which counts
against the voluntary expenditure limits prescribed by Government Code section
85400, if an expenditure for equivalent goods or services would have been a
campaign expenditure described in subdivision (a) of this regulation. For purposes
of Government Code section 85400, the amount of the expenditure shall be the fair
market value of the contribution on the date of receipt. (d) Expenditures not
counted against the voluntary expenditure limits prescribed by Government Code
section 85400 include, but are not limited to, contributions to other candidates or
committees, costs associated with preparing and filing campaign finance reports
required under the Act, candidate filing fees, and costs of ballot pamphlet
statements.