CC Resolution No. 22-056 setting a voluntary campaign expenditure limit of $34,470 for the November 8, 2022 City Council electionRESOLUTION N0. 22-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINp
ADOPTING A VOLUNT ARY CAMPAIGN EXPENDITURE LIMIT OF $34,470 FOR
THE NOVEMBER 8, 2022 CITY COUNCIL ELECTION
WHEREAS, the City Council adopted Resolution No. 9854 establishing a voluntary
campaign expenditure limit for the 1997 City Council election in order to allow both
candidates and officeholders to spend a lesser proportion of their time on fundraising and
a greater proportion of their time communicating issues of importance to voters and
constituents.
WHEREAS, the City Council has adopted a voluntary campaign expenditure limit
each Cupertino election year since 1997, the most recent being Resolution No. 20-041 which
established a voluntary campaign expenditure limit of $30,000 for the November 2020
election.
WHEREAS, on November 8, 2022, a General Municipal Election will be held to fill
vacant Council seats, and the City Council wishes to apply a voluntary campaign
expenditure limit of $34,470 to that election.
NOW, THEREFORE, BE IT RESOLVED:
1) The voluntary expenditure limit for the November 8, 2022 Municipal General
Election shall be $34,470.
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 for City Council wishes to abide by the
campaign contribution limit requested by the City Council, they may file with the City Clerk
a written notice of their intent to limit their campaign expenditures to $34,470 for the 2022
election, and such intent will be indicated in the official voter's pamphlet by a black
diamond next to their name.
4) The cost of printing and translating Candidate Statements shall not be counted
against the voluntary expenditure cap of $34,470.
Resolution No. 22-056
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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 19th day of May, 2022, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Paul, Chao, Moore, Wei, Willey
None
None
None
SIGNED:
,,' . 6 // 7 %z o Z 'z_
giatyrcyofPCauuplMMayOr-
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
6/21/22
Resolution No. 22-056
Page 3
ATT ACHMENT A
(Regulations of the Fair Political Practices Coinmission, Title 2, Division 6, California Code of
Regulations)
e) 18540. Voluntary Expenditure Ceilings.
(a) For purposes of Governrnent 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
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Resolution No. 22-056
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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 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 tliat 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 tis 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.
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(8) The candidate shall maintain records establishing that the candidate's allocation of
campaign expenditures under Governunent 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-monetaty contribution is deemed to be a campaign expenditure t'nade by the
receiving committee on the date of receipt, which counts against the voluntary expenditure limits
prescribed by Governrnent 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 Governrnent 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.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 82015, 85400 and
85402, Government Code.
HISTORY
1, New section filed 11-26-2001; operative 12-26-2001 (Register 2001, No. 48). For prior
history, see Register 92, No. 28.
2. Amendment of subsection (b) filed 9-12-2002 as a change without regulatory effect.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District,
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nonpriblished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2002, No. 37).
3. Ainendment of subsection (a)(8) filed 5-12-2021 ; operative 6-11-2021 pursuant to Cal. Code
Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office ofAdministrative Law, 3 Civil CO10924, California Court of Appeal, Third
Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements and not subject to procedural or
substantive review by OAL) (Register 2021, No. 20).
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