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Home My WebLink AboutDEFER ADOPTION OF ORDINANCE 3775 TO SUCH TIME AS RECOMMENDED (11) August 20, 2007 - Council/Agency Action Agenda - Page 11 Funding Source: Funds in the amount of$150,000 are budgeted from the Capital Improvement Reserve Fund. A local match of$40,661.75 is being provided by the Sea Isle Garden Club. The engineer's cost estimate for this project is $180,000. This item was brought forward on the agenda for consideration between Agenda items C and E. Approved 6-0-1 (Bohr abstain) Presentation — If Item F-1 Approved, Mayor Coerper to call on Acting Director of Public Works- Engineering Travis Hopkins to introduce members of the Sea Isle Garden Club who will be presenting a check to the City for the Edinger Avenue Parkway Improvement Project. G. Ordinances G-1. Ordinance for Adoption G-1a. (City Council) Adopt Ordinance No. 3773 Amending Huntington Beach Municipal Code Chapter 9.20 Relating to Public Nudity Approved for Introduction on August 6, 2007 Recommended Action: After the City Clerk reads by title, Adopt Ordinance No. 3773, "An Ordinance of the City of Huntington Beach Amending Chapter 9.20 of the Huntington Beach Municipal Code Relating to Public Nudity", by roll call vote. Approved 7-0 Frd (City Council) Adopt Ordinance No. 3775 Amending Chapter 2.07 of the gton Beach Municipal Code (HBMC) to Modify Existing Campaign Contribution ions from $300 Per Person for Each Election Cycle to $500 Per Person for Each n Cycle, Commencing with the 2008 Election Cycle ed for Introduction on August 6, 2007 mended Action: After the City Clerk reads by title, Adopt Ordinance No. 3775, inance of the City of Huntington Beach Amending Chapter 2.07 of the Huntington Municipal Code Relating to Campaign Contribution Limitations", by roll call vote. titute motion was made to defer adoption of Ordinance 3775 to such a time as ommended changes made by the Campaign Reform Committee (approved on August 6, 2007, to study Chapter 2.07 of the Huntington Beach Municipal Code) are returned to Council. Councilmembers Green, Hansen and Hardy expressed interest in serving on the committee. Approved 5-2 (Bohr and Carchio No) G-1c. (City Council) Adopt Ordinance No. 3776 Amending Chapter 2.100 of the Huntington Beach Municipal Code Pertaining to Operating Policy for Boards and Commissions ORDINANCE NO. 3775 AN ORDINANCE OF THE CITY OF HUNTINGTON BEAC,�H AMENDING CHAPTER 2.07 OF THE HUNTINGTON BEACH M NICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS d � The City Council of the City of Huntington Beach does herebyuordain as follows: SECTION 1. Section 2.07.050 of the Huntington Beach unicipal Code is hereby amended to read as follows: 2.07.050 Campaign contribution limitations. fk"fir (a) No person shall make to any City candidate or the con rolled committee of any such City candidate, and no such candidate or committee shall accept from any such person, a contribution or contributions totaling more than: (3220-1/94) f (1) Five hundred dollars ($500.00) in a City Council, City Clerk, City Treasurer, or City Attorney election cycle; or s (2) Two hundred dollars ($200.00) in a 'call election cycle. (b) The provision of this section shall nit apply to a candidates contribution of his or her personal funds to his or her own c paign committee. SECTION 2. This ordinan e shall become effective 30 days after its adoption. PASSED AND ADOPTD by the City Council of the City of Huntington Beach at a regular meeting thereof held o1 the day of , 2007. i Mayor ATTEST: APPROVED AS TO FORM: City Cle City Attorney REVIEWE AND APPROVED: INITIATED AND APPROVED: CA, City Administrator City Attorney 07-1156/12166 ORDINANCE NO. 3775 LEGISLATIVE DRAFT OF SECTION 2.07.050 2.07.050 Campaign contribution limitations. (a) No person shall make to any City candidate or the controlled committe of any such City candidate, and no such candidate or committee shall accept from any suc person, a contribution or contributions totaling more than: (3220-1/94) (1) wee Five hundred dollars ($80-00) ($500.00) in a City ouncil, City Clerk, City Treasurer, or City Attorney election cycle; or (2) Two hundred dollars ($200.00) in a recall election cycle. (b) The provision of this section shall not apply to a candidat s contribution of his or her personal funds to his or her own campaign committee. 07-1156/12168 Page 1 of 1 Esparza, Patty From: Dapkus, Pat on behalf of Coerper, Gil Sent: Monday, August 20, 2007 1:08 PM To: City Clerk Agenda Subject: FW: Campaign Finance Limits Pat Dapkus (714) 536-5579 (714) 536-5233 (FAX) From: CynthiaCrossPR@aol.com [ma i Ito:CynthiaCrossPR@aol.com] Sent: Monday, August 20, 2007 7:18 AM To: CITY COUNCIL Subject: Campaign Finance Limits Dear Council, I am writing to register my support for the increase in campaign contribution limits. The argument that a $500 contribution buys anyone's vote is just ridiculous. I am highly suspicious of those who make this argument, as I can only assume they must be speaking for themselves. And, quite frankly, if $500 or$300 from a business owner or developer can buy someone's vote, then the same amount from an employee's union or environmental extremist could do the same. Secondly, the argument that large corporations or"rich" business owners will now be able to contribute even more by having their employees write checks for$500 for which they would somehow be reimbursed by their employers is just really reaching. Hardly anyone would be able to make a good case against a worker in the service industries or other lower level jobs contributing $100 or so, but red flags would go up everywhere if suddenly customer service reps, housekeepers, waiters and part-timers were adding $500 contributions to a candidate's coffers. One need only research the elections in our own city to see that those who have the biggest war chests do not come in first or even win the race. Additionally, individual contributions of whatever amount do not impact elections nearly as much as the mega-bucks spent on behalf of candidates (who actively court these dollars), by PACs and unions. The opponents in town are simply those knee-jerk naysayers who object to everything. This is not a vote to require every donation to be $500. People are still free to give whatever amount they choose -or none at all. It's expensive to get the message to all the voters in this city and those who can rally financial support are usually successful because others agree with their positions. There is no reason to think an increase in $200 per contribution is going to knock anyone into or out of the race. Give it the second reading, give it the"yes"vote, and then watch as the world as we know it does not fall apart. Sincerely, Cindy Cross 6612 Jardines Drive Huntington Beach, CA 92647 714/596-5459 Get a sneak peek of the all-new AOL.com. � Ct-S7- T CC)M /4 coda" — si2oi2oo� � �� RECEIVED FROM AL14 AS RMLIC RECORD M E CITY CLERIC 6FFICE JOAN L.FLYNN,CITY CLERK To: Huntington Beach City Council—Public Comments My topic is item G-lb on tonight's agenda,the change from $300 to $500. The Aug. 6 motion that passed 4 to 3 had two parts, the actual ordinance change, and the formation of a council committee to study Hunt. Bch. Election code items. Forming a committee isn't an ordinance change so it's not on the agenda as such. I would assume that forming the committee is being planned , if so then vote on G-lb. If it is not, then I would request that voting on G-lb now should be postponed until the Committee is in the formation stage and scheduled for meeting. The idea of a study session as proposed by the City Attorney is a good one, I think the Council sub-committee is better because it adds a continuing study plan. And it will allow more citizen input. After all, the citizens are the ones who give the money, seems like they should be consulted. Who should serve on the committee? I've taken the AB 1234 Ethics Course on the internet. Read it all, answered questions,well missed one. Have the Certificate. It should be noted that the Course mentions in 9 places the words "campaign contributions" or "campaign financing," and Lesson 6 of the 7 Lessons, titled "Fair Process Laws" has two pages about "campaign contributions and bias." In other words, campaign contributions are an important part of the course. This indicates to me that council members who will be candidates in the November 2008 election should not be on the committee so that they will not develop or get involved in any "ethical conflicts." Those who will not be running in 2008 would be able serve. To review--if the committee is being formed, OK,vote on the ordinance change. If the committee is in the "dragging your feet" stage," I would encourage waiting until "it's in the works." Larry Gallup 8-20-07 C A ency Meeting Held- �� D Deferre ntinued to: 0 Doi D � ,�� ❑ Approved ❑ Conditionally Approved -Denied City Clerk's Sign re Council Meeting Date: 7/16/2007 Department ID Number: CA 07-17 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL, ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McG ity Attorney PREPARED BY: Jennifer Mc ity Attorney SUBJECT: Campaign Contribution Reform Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On May 21, 2007, City Council directed the City Attorney to research and prepare an ordinance modifying existing campaign contribution regulations under Huntington Beach Municipal Code Chapter 2.07. Funding Source: No funds are required Recommended Action: Motion to: Direct City Attorney to continue research and return to City Council in Study Session in October 2007. Alternative Action(s): 1. Motion to adopt Ordinance No. 3775 , an Ordinance of the City Of Huntington Beach Amending Chapter 2.07 of the Huntington Beach Municipal Code Relating to Campaign Contribution Limitations 2. Provide further direction to City Attorney regarding modifications to the existing Municipal Code. Analysis: The attached ordinance would modify the City's existing campaign contribution limitation. The current limit is $300 per person for each election cycle. The proposed ordinance would increase the limit to $500 per person for each election cycle. Any modification to the City's campaign finance ordinance must be transmitted and filed with the Fair Political Practices Commission, pursuant to Government Code Section 81009.5. However, there are several larger issues involved in campaign contribution ordinances beyond the issue of monetary limits. Most, if not all, of such regulations are policy based and need additional policy direction from City Council. For example: what types of regulations should be implemented on the local level, versus implementation and enforcement on the state level? REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/16/2007 DEPARTMENT ID NUMBER: CA 07-17 Based on City Council's direction, the City Attorney has done preliminary research of various campaign contribution laws in other jurisdictions and has determined that there is no uniform model to rely upon. The City's current code is intended to-supplement state law and in certain respects is duplicative. Absent local regulation, there is no campaign contribution limitation. Under state law, reporting obligations are triggered at contributions of $1,000 or greater. There are local jurisdictions that do not regulate beyond the Political Reform Act and rely upon the Fair Political Practices Commission to enforce campaign regulations. Other jurisdictions have higher and lower contribution limits than the City of Huntington Beach. Some jurisdictions include an automatic CPI adjustment to their limitation. On June 5, 2007, the City Attorney received a citizen request to review certain campaign contributions, which raises additional issues for City Council consideration. For example, current code does not permit a candidate to cure a campaign violation even if reported. California Government Code Section 83116 permits the Fair Political Practices Commission to determine the appropriate remedy: (1) Cease and desist; (2) File any reports, statements, or other documents or information required by this; and/or (3) Pay a monetary penalty of up to $5,000. The June 5, 2007, request has been referred to outside counsel for review and it would be helpful to have additional input from the City Council on the appropriate modifications to the municipal code, if any. On July 2, 2007, the City Council declined to amend HBMC Section 2.07.130, which prohibits transmittal of campaign contributions in city offices. Instead, the City Council directed the City Attorney to conduct further research regarding this type of prohibition. Assembly Bill 1430 (Garrick), currently pending in the Legislature, may also have an effect on the City's ordinance as related to certain contributions or expenditures for communications to an organization's members, employees, shareholders or their family members to support or oppose a candidate or ballot measure. A study session will permit the City Attorney to present the multiple policy considerations to the City Council for further consideration. One potential action the City Council might wish to consider is the appointment of a City Council subcommittee to further study these complex issues, and develop legislative recommendations for full Council consideration. Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the City is sufficiently staffed and equipped overall. -2- 7/9/2007 2:46 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/16/2007 DEPARTMENT ID NUMBER: CA 07-17 Environmental Status: Not applicable. Attachment(s): ' City Clerk's Page Number . Description 1. Legislative draft of Section 2.07.050 2. Ordinance No. 3775 Amending Chapter 2.07 of th Huntington Beach Municipal Code Pertaining to Campaig Contribution Limits. -3- 7/9/2007 2:46 PM ATTACHMENT NO . 1 o ORDINANCE NO. 2'1 7�� — LEGISLATIVE DRAFT OF SECTION 2.07.050 2.07.050 Campaign contribution limitations. (a) Commencing with the 2008 election cycle, nNo person shall make to any City candidate or the controlled committee of any such City candidate, and no such candidate or committee shall accept from any such person, a contribution or contributions totaling more than: (3220-1194) (1) wee Five hundred dollars ($380.90) ($500.00) in a City Council, City Clerk, City Treasurer, or City Attorney election cycle; or (2) Two hundred dollars ($200.00) in a recall election cycle. (b) The provision of this section shall not apply to a candidate's contribution of his or her personal funds to his or her own campaign committee. 07-1156/12168 ATTACHMENT NO . 2 ORDINANCE NO. 3775 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.07 OF THE HUNTINGTON BEACH MUNICI AL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIO S The City Council of the City of Huntington Beach does hereby ordain follows: SECTION 1. Section 2.07.050 of the Huntington Beach Municipa Code is hereby amended to read as follows: 2.07.050 Campaign contribution limitations. a Commencing with the 2008 election cycle, no person shall make/to an Cit candidate or the O g Y pY Y controlled committee of any such City candidate, and no such c#idate or committee shall accept from any such person, a contribution or contributions totaling more than: (3220-1/94) (1) Five hundred dollars ($500.00) in a City Council, CAy Clerk, City Treasurer, or City Attorney election cycle; or (2) Two hundred dollars ($200.00) in a recall election cycle. (b) The provision of this section shall not apply to candidate's contribution of his or her personal funds to his or her own campaign co ittee. SECTION 2. This ordinance shall bed/ome effective 30 days after its adoption. PASSED AND ADOPTED by the ' it y Council of the City of Huntington Beach at a regular meeting thereof held on the °' day of , 2007. ATTEST: Ho CTM* Mayor IM City Clerk INITIATED AND APPROVED AS TO O4CitAttorne' REVIEWED AND ARkOVED: y City Adminis ator f Aj Ol 07-1156/12166 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: Campaign Contribution Reform COUNCIL MEETING DATE: July 16, 2007 CA A TACHMENTS :- STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attach Not A educable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable .. ANAUoN FOR, ISSI G�'ATTACHIVIIENTS REVIEWEQ RETURNED FORWARDED ..n.. K Administrative Staff ( ) Deputy City Administrator Initial ) City Administrator (Initial) ( ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: ,.,,,,_ Only)(Below Space For City Clerk's Use RCA Author: JMP/PDA 12207