200 S. Anaheim Blvd.
Suite #356
Anaheim, CA 92805
Tel: (714) 765-5169
Fax: (714) 765-4105
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF THE CITY ATTORNEY
DATE: FEBRUARY 13, 2024
FROM: OFFICES OF THE CITY ATTORNEY AND CITY CLERK
SUBJECT: ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER
1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE TO
IMPOSE LIMITATIONS ON LOANS TO, AND THE
RETIREMENT OF OUTSTANDING DEBT INCURRED BY,
CANDIDATES AND CANDIDATE CONTROLLED
COMMITTEES [FIRST READING]
ATTACHMENT (Y/N): YES ITEM # 22
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Ordinance, amend certain sections of Chapter 1.09 of Title 1 of the Anaheim Municipal Code in order to impose limitations on loans to, and the retirement of outstanding debt incurred by, candidates and candidate controlled committees, including setting limits on the amount that candidates may lend to their campaigns, requiring notice of independent expenditure communications, and requiring candidates to retire campaign debt within twelve months of an election.
DISCUSSION:
At the November 28, 2023 City Council meeting, the City’s current Campaign Reform Law was outlined and the Council discussed and asked questions about potential modifications to the City of Anaheim’s Campaign Reform Law. At the January 23, 2024 Council meeting, the staff and special legal consultant, Craig Steele, presented responses to the City Council’s questions, and also presented legally viable options for the Council to consider.
A. Approved Council Direction
On January 23, the Council voted to direct staff to take the following campaign-related actions to be presented on February 13, 2024 as a first reading of an Ordinance:
1. Place a $100,000 limit on the amount that candidates may lend to their campaigns, consistent with California Government Code Section 85307.
2. Similar to the County of Orange, require anyone who makes an independent expenditure of one thousand dollars ($1,000) or more for any communication in support of or in opposition to any city candidate to provide written Notice of Independent Expenditure Communication to all candidates running for that same office, and to the City Clerk, at Potential Campaign Finance Regulations
February 13, 2024
least twenty-four (24) hours prior to the first publication, distribution, dissemination, or broadcast of the independent expenditure communication. (See below discussion on whether the City Clerk would be required to publish the communications submitted.)
3. Set a limit for candidates to retire their campaign debt within 12 months following the election.
B. Independent Expenditure Communications Posting Requirement The Council deadlocked, 3-3, on whether the City Clerk would be required to post on the City website any submitted Independent Expenditure Communications.
Pursuant to the Council’s Rules of Procedure, any Council vote that results in a tie due to the absence of one or more members who would have voted on the matter is continued to the next meeting for further consideration. In this case, Council Member Diaz had left the January 23 meeting by the time this item was voted upon.
For expediency, staff included the “posting” requirement in the draft version of the Ordinance. The Council may choose to introduce the version of the draft Ordinance as presented, or may also introduce a version of the Ordinance with that provision stricken.
IMPACT ON THE BUDGET:
There is no budgetary impact.
Respectfully submitted, Respectfully submitted,
Robert Fabela Theresa Bass
City Attorney City Clerk
Attachments:
1. Ordinance
2. Ordinance (redlined)
3. Staff Report w/ Attachments (January 23, 2024)