e)
AGENDA REPORT
Meeting Date: October 17, 2023
Item Number:
To: Honorable Mayor & City Council
From: Huma Ahmed, City Clerk
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE
TO INCREASE THE CAMPAIGN CONTRIBUTION
LIMIT FOR CANDIDATES WHO ACCEPT THE
VOLUNTARY EXPENDITURE CEILING FOR CITY
ELECTIONS AND TO INCREASE THE VOLUNTARY
EXPENDITURE CEILING FOR CITY ELECTIONS
Attachments: 1. Proposed Ordinance
2. Ordinance 12-0-2632
3. Ordinance 14-0-2668
RECOMMENDATION
Staff recommends that the City Council waive full reading and move to adopt the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
THE BEVERLY HILLS MUNICIPAL CODE TO INCREASE THE CAMPAIGN
CONTRIBUTION LIMIT FOR CANDIDATES WHO ACCEPT THE VOLUNTARY
EXPENDITURE CEILING FOR CITY ELECTIONS AND TO INCREASE THE VOLUNTARY EXPENDITURE CEILING FOR CITY ELECTIONS.”
INTRODUCTION
The proposed ordinance includes an:
1. Increase of the City’s voluntary expenditure ceiling for elections from $80,000 to $100,000; and
2. Increase the individual contribution limit for candidates who accept the City’s voluntary contribution limit from $450 to $500 per contributor/entity.
Meeting Date: October 17, 2023
DISCUSSION
Voluntary Campaign Expenditure Limit/Campaign Contribution Maximum On Thursday, October 12, 2023, the City Council Elections Ad Hoc Liaisons (Mayor Julian A. Gold, M.D. and Councilmember Lili Bosse) held a meeting which discussed the City’s Voluntary Campaign Expenditure Ceiling and Contribution Maximums.
Per Beverly Hills Municipal Code (BHMC) Ordinance 12-0-2632 (attachment 2), the City of Beverly Hills currently has a voluntary campaign expenditure limit of $80,000. If a candidate accepts the $80,000 limit, then the candidate may accept contributions of $450 per person/entity.
However, if a candidate does not accept the $80,000 voluntary campaign spending limit, then the candidate may only accept contributions of $125 per person/entity.
It should be noted that in 2014 while the campaign contribution maximum was increased from $400 to $450 per BHMC Ordinance 14-0-2668 (attachment 3) the voluntary campaign expenditure limit of $80,000 remained the same for Beverly Hills Municipal Elections held in 2015, 2017, 2020 and 2022.
The Election Ad Hoc Liaisons recommended increasing the voluntary campaign expenditure limit from $80,000 to $100,000. They also recommended increasing the individual contribution limit from $450 per person/entity to $500. The discussionhighlighted that the expenditure limit had not been revised in a decade and that costs have increased. The proposed expenditure limit was calculated based on an estimatedamortization of 10-years, which was approximately the last time it had been updated.
As part of the discussion, it was also shared that Senate Bill 1439 went into effect on January 1, 2023. The bill states that local elected officials cannot vote on agency matters that have a direct financial effect on individuals or groups that have contributed $250 or more to the official’s campaign in the previous year. It also prevents local officials from accepting such a contribution for a year after the agency vote on such a matter.
FISCAL IMPACT
The City Council liaisons have recommended that the City should continue to cover candidate statement costs for those who accept the City’s voluntary expenditure limit. At this time, the costs (per candidate statement) are $700 for English, $1400 for English/Spanish and $279.60 for an online posting through the Los Angeles County Registrar-Recorder/County Clerk’s office. There is no charge for City postings.
Huma Ahmed
City Clerk
Approved By
Attachment
1 ORDINANCE NO. 23-0-
AN ORDINANCE OF THE CITY OF BEVERLYHILLS AMENDING THE BEVERLY HILLS
MUNICIPAL CODE TO INCREASE THE
CAMPAIGN CONTRIBUTION LIMIT FOR
CANDIDATES WHO ACCEPT THE VOLUNTARY
EXPENDITURE CEILING FOR CITY ELECTIONSAND TO INCREASE THE VOLUNTARY
EXPENDITURE CEILING FOR CITY ELECTIONS
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby amends and restates paragraph A of Section 1-8-3 (“CONTRIUBITON LIMITATIONS”) of Chapter 8 (“CITY ELECTION CAMPAIGNS; CONTRIBUTION LIMITS, VOLUNTARY EXPENDITURE LIMIT AND DISCLOSURE REQUIREMENTS”) of Title 1 (“GENERAL PROVISIONS”) of the Beverly Hills Municipal Code to read as follows:
“1-8-3: CONTRIBUTION LIMITATIONS:
A. Limits On Contributions By Persons And Committees:
1. Except as provided in this section and section 1-8-4 of this chapter, no person or committee shall make to any candidate, including the controlled committee of such candidate, a contribution in excess of one hundred twenty five dollars ($125.00) for anysingle election at which the candidate is attempting to be, or is, on the ballot.
Additionally, no candidate or candidate’s controlled committee shall solicit or accept any contribution that will cause the amount contributed by the contributor to the candidate or the candidate’s controlled committee to exceed one hundred twenty five dollars ($125.00) for any single election at which the candidate is attempting to be, or is, on the ballot.
2. Notwithstanding subsection A.l of this section, if a candidate accepts the voluntary expenditure ceiling established by section 1-8-4 of this chapter, no person orcommittee shall make to any such candidate, including the controlled committee of such candidate, a contribution in excess of five hundred dollars ($500.00) for any singleelection at which the candidate is attempting to be, or is, on the ballot. Additionally, nocandidate or candidate’s controlled committee shall solicit or accept any contribution that will cause the amount contributed by the contributor to the candidate or the candidate’s controlled committee to exceed five hundred dollars ($500.00) for any single election at which the candidate is attempting to be, or is, on the ballot.
3. The City Council may, by resolution, adjust the contribution limit established in this subsection A in October of every odd numbered year to reflect any increase or decrease in the California consumer price index since the last such adjustment of the contribution limit. Such adjustments shall be rounded to the nearest ten-dollar ($10.00)amount.
B0785-0001\287733 1 v3.doc -1 -
4. The limitations of this subsection A shall not apply to contributions of a candidate’s personal funds to his or her controlled campaign committee on behalf of his or her own candidacy, and shall apply to contributions from the candidate’s spouse.” Section 2. The City Council hereby amends and restates Subdivision A of section 1-8-4 (“ELECTION CAMPAIGNS; VOLUNTARY EXPENDITURE CEILING”) of Chapter 8 (“CITY ELECTION CAMPAIGNS; CONTRIBUTION LIMITS, VOLUNTARY EXPENDITURE LIMIT AND DISCLOSURE REQUIREMENTS”) of Title 1 (“GENERAL PROVISIONS”) of the Beverly Hills Municipal Code to read as follows:
1-8-4. ELECTION CAMPAIGNS; VOLUNTARY EXPENDITURE CEILING “A. A voluntary expenditure ceiling is hereby established for each election for City elective office in the amount of one hundred thousand dollars ($100,000.00). As used in this section, the term “City elective office” shall mean the offices of members of the City Council and City Treasurer. This section shall not apply in recall elections.” Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.
Section 4. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (3 1st) day after its passage.
Adopted:
Effective:
JULIAN A. GOLD, M.D.
Mayor
ATTEST:
(SEAL)
HUMA AHMED
City ClerkB0785-0001\287733 I v3.doc -2-
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
B0785-0001\2877331v3.doc -3-
Attachment
2 ORDINANCE NO. 12-0- 2632
ORDINANCE OF TIlE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE
TO INCREASE THE VOLUNTARY EXPENDITURECEILING FOR CITY ELECTIONS THE CITY COUNCiL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. Voluntary Expenditure Ceiling. The City Council hereby amends and restates Section 1-8-4 (“ELECTION CAMPAIGNS; VOLUNTARY EXPENDITURE CEILING”) of Chapter 8 (“CITY ELECTION CAMPAIGNS; CONTRIBUTION LIMITS,VOLUNTARY EXPENDITURE LIMIT AND DISCLOSURE REQUIREMENTS”) of Title 1(“GENERAL PROVISIONS”) ofthe Beverly Hills Municipal Code to read as follows:
“A voluntary expenditure ceiling is hereby established for each election for city elective office in the amount of eighty thousand dollars ($80,000.00). As used in this section, the term“city elective office” shall mean the offices of members of the city council and city treasurer.
This section shall not apply in recall elections.”
Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the fmal decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.
B0785-0001\1487807v1.doc
Section 3 Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption ofthis Ordinance and shall cause this Ordinance and the City Clerk’s certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
WILLIAM M. BRIEN, M.D.Mayor
ATTE
(SEAL)
BYRON 0 E
City Clerk
APPROVED AS TO FORM:
LAES. WIENER
City Attorney
Section 4.
and effect at 12:01
Adopted:
Effective:
Effective Date. This Ordinance shall go into effect and be in full force a.m. on the thirty-first (31st) day after its passage.
September 20, 2012
October 21, 2012
APPROVED AS
City er
-2-
B0785-OOW\1487807v1.doc
Attachment
3 ORDINANCE NO. 14-O68
AN ORDINANCE OF THE CITY OF BEVERLY
HILLS AMENDING THE BEVERLY HILLS
MUNICIPAL CODE TO INCREASE THE
CAMPAIGN CONTRIBUTION LIMIT FORCANDIDATES WHO ACCEPT THE VOLUNTARY
EXPENDITURE LIMIT FOR CITY ELECTIONS
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. In order to increase the contribution limits, for candidates who accept voluntary spending limits, from four hundred dollars $400 to $450, the City Council hereby amends and restates paragraph A of Section 1-8-3 (“CONTRIUBITON LIMITATIONS”) of Chapter 8 (“CITY ELECTION CAMPAIGNS; CONTRIBUTIONLIMITS, VOLUNTARY EXPENDITURE LIMIT AND DISCLOSURE REQUIREMENTS”) of Title 1 (“GENERAL PROVISIONS”) of the Beverly Hills Municipal Code to read as follows:
“1-8-3: CONTRIBUTION LIMITATIONS:
A. Limits On Contributions By Persons And Committees:
1. Except as provided in this section and section 1-8-4 of this chapter, no person or committee shall make to any candidate, including the controlled committee of suchcandidate, a contribution in excess of one hundred twenty five dollars ($125.00) for any single election at which the candidate is attempting to be, or is, on the ballot.Additionally, no candidate or candidat&s controlled committee shall solicit or accept any contribution that will cause the amount contributed by the contributor to the candidate or the candidate’s controlled committee to exceed one hundred twenty five dollars ($125.00) for any single election at which the candidate is attempting to be, or is, on the ballot.
2. Notwithstanding subsection Al of this section, if a candidate accepts the voluntary expenditure ceiling established by section 1-8-4 of this chapter, no person orcommittee shall make to any such candidate, including the controlled committee of suchcandidate, a contribution in excess of four hundred fifty dollars ($450.00) for any singleelection at which the candidate is attempting to be, or is, on the ballot. Additionally, nocandidate or candidate’s controlled committee shall solicit or accept any contribution that will cause the amount contributed by the contributor to the candidate or the candidate’s controlled committee to exceed four hundred fifty dollars ($450.00) for any singleelection at which the candidate is attempting to be, or is, on the ballot.
3. The city council may, by resolution, adjust the contribution limit established in this subsection A in October of every even numbered year to reflect any increase ordecrease in the California consumer price index since the last such adjustment of thecontribution limit. Such adjustments shall be rounded to the nearest ten dollar ($10.00)amount.
B0785-000l\1758749v1.doc -1-
4. The limitations of this subsection A shall not apply to contributions of a candidate’s personal funds to his or her controlled campaign committee on behalf of hisor her own candidacy, and shall apply to contributions from the candidate’s spouse.” Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.
Section 3. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of theGovernment Code, shall certify to the adoption of this Ordinance and shall cause thisOrdinance and the City Clerk’s certification, together with proof of publication, to be entered in the Book of Ordinances ofthe Council ofthis City.
Section 4. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:0 1 a.m. on the thirty-first (3 1st) day after its passage.
Adopted: November 4, 2014Effective: December 5, 2014
LILI BOSSE
Mayor
ATTEST:
BYRON POPE
City Clerk
APPROVED TOT:
JEF LIN
City ‘ager
LAURENCE S. WIENERCity Attorney
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