^BEVERLV/
HILLS
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STAFF REPORT
Meeting Date: January 4, 2022
To: Honorable Mayor & City Council
From:
Subject:
Huma Ahmed, City Clerk
Request for the City Council to Review the City's Voluntary Campaign Expenditure Limit and Contribution Maximum; and Propose a Recommendation for Posting Election Related Lawn Signs in Beverly Hills
Attachments: 1. Beverly Hills Ordinance 12-0-2632 (Voluntary Expenditure Ceiling)
2. Beverly Hills Ordinance 14-0-2668 (Campaign Contribution Limits)
3. Beverly Hills Municipal Code 10-4-806 (Yard Signs)
4. Political/Election Sign Information
5. Previous Campaign Lawn Sign Advisory
INTRODUCTION
This report provides the City Council with an update from the City Council Election Ad Hoc Committee Liaisons consisting of Vice Mayor Lili Bosse and Councilmember Julian A. Gold, M.D. regarding their discussion on the City's Voluntary Campaign Expenditure Limit and Contribution Maximum.
Also contained within this report for the City Council to consider, is a proposed community advisory regarding a schedule for posting election lawn signs. This item was not discussed at the Election Ad Hoc meeting.
DISCUSSION
Voluntary Campaign Expenditure Limit / Campaign Contribution Maximum On Thursday, December 2, 2021, the City Council Elections Ad Hoc (Bosse/Gold) held a virtual meeting to discuss the City's Voluntary Campaign Expenditure Limit and Contribution Maximum. It was the only item on their agenda.
Per Beverly Hills Municipal Code (BHMC) Ordinance 12-0-2632 (attachment 1), 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 2) the voluntary campaign expenditure limit of $80,000 remained the same for Beverly Hills Municipal Elections held in 2015, 2017 and 2020.
The Election Ad Hoc Liaisons recommended no change to the voluntary campaign expenditures and contribution limits for the June 2022 election.
Camoaian/Election Lawn Signs
Campaign/Election Lawn Signs are permitted within the City of Beverly Hills. There are municipal guidelines for placement and types of signage which are listed in BHMC Section 10-4-806 (attachment 3).
Beverly Hills cannot completely prohibit or set requirements on when lawn signs can be placed as protected under the First Amendment. However, it should be noted, the City Council may (and has in the past) advised or requested the community to post signs during a particular time-period as a way to reduce signage clutter within the City.
The City has typically shared an advisory to campaigns on specific recommended dates of when to post signs (attachments 4 and 5). Past elections were held in March, which is why an advisory had been shared to post election signs 'no earlier than January..." That particular time- period also coincided with the annual Golden Globes Awards which are held in Beverly Hills.
Per the last Beverly Hills municipal election in March 2020, the community was requested to post signs after January 6, 2020. This was a day after the Golden Globes, which was then eight-week before the election.
However, the next municipal election will now take place in June 2022. Therefore, the City Council may consider providing a revised advisory to the community regarding election lawn sign placement.
Provided for City Council consideration are the following proposed timelines for the placement of campaign signage:
• Six-weeks prior to an election day, or
• Eight-weeks prior to an election day.
Instead of developing a schedule based on various awards seasons, perhaps a recommendation could be based on when elections are held March vs. June. Both proposals which are provided within this report could accommodate for June elections during non-Presidential Primary years, and March elections on Presidential Primary years.
Example of the Election Schedule:
• June 2022
• March 2024 (Presidential Primary)
All election related information is typically coordinated through the City Clerk's Office to the public. It should also be noted, that per BHMC Section 10-4-806, election yard signs must be removed within ten days immediately following the event.
FISCAL IMPACT
None.
RECOIVUVIENDATION
The City Council Election Ad Hoc Liaisons' recommendation does not require any action from the City Council, unless there are objections.
Staff seeks City Council direction on an advisory to provide the Beverly Hills community regarding a schedule for posting elections lawn signs.
Huma Ahmed
City Clerk
Approved By
Attachment 1
ORDINANCE NO. 12-0- 2632
ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE
TO INCREASE THE VOLUNTARY EXPENDITURE
CEILING FOR OTY ELECTIONS
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. Voluntary Expenditure Ceilinp 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") of the 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. Severabilitv. 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.
B078S-000 l\1487807v 1 .doc
Section 3 Publication. The City Cleik 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 certiftcation, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 4. Effective Date. This Ordinance shall go into effect and be in ftill force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Adopted: September 20, 2012
Effective: October 21, 2012
ATTE
BYRON ^OPE
City Clerk
APPROVED AS TO FORM:
LAWRJEl{pE S. WIENER
City Attorney
(SEAL)
WILLIAM M. BRIEN,
£1
M.D.
Mayor
APPROVED AS TO ■TENT:
-2-
B078S-0001\1487807vl.doc
Attachment 2
ORDINANCE NO. 14-0-2668
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 LIMIT FOR CITY ELECTIONS
THE CITY COUNCIL OF THE CITY OF BEVERLY HELLS 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; 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 any single 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 A1 of this section, if a candidate accepts the voluntary expenditure ceiling established by section 1-8-4 of this chapter, no person or committee shall make to any such candidate, including the controlled committee of such candidate, a contribution in excess of four hundred fifty dollars ($450.00) for any single 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 four hundred fifty dollars ($450.00) 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 even numbered year to reflect any increase or decrease in the California consumer price index since tiie last such adjustment of the contribution limit. Such adjustments shall be rounded to the nearest ten dollar ($10.00) amount.
B0785-0001\l 758749vl .doc
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. Severabilitv. 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 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 4. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Adopted: November 4, 2014 .
Effective: December 5, 2014 )^ir\Ll7
LILIBOSSE
Mayor
ATTEST:
DpY (SEAL)
J —^ BYRON RVRnisJ POPE prvpp
City Clerk
APPROVEiy\STOFO APPROVED A&TO CONTENT:
\
LAURENCE S. WIENER JEFBRtty^
City Attorney City MAnager
B0785-0001\l758749vl.doc -2-
Attachment 3
12/27/21,12:19 PM https://export.amlegal.conn/api/export-requests/b11f69fc-f890-4a62-893b-fb5743301a2e/download/ 10-4-806: YARD SIGNS:
Notwithstanding any provision of this chapter to the contrary, the following regulations shali apply to yard signs:
A. Purpose: Yard signs tend to be impermanent, flimsy, and vulnerable to the elements. Because of the tendency of yard signs to proliferate, creating litter, visual blight, and traffic safety hazards, the council hereby adopts the regulations set forth in this section. It is the purpose and intent of the council to provide minimal regulations regarding the posting, display, maintenance, and removal of yard signs in order to protect the first amendment rights of persons posting yard signs on their property while protecting the health, safety, and general welfare of the general public and maintaining the aesthetic qualities of the city.
B. General Provisions: The generai provisions of article 1 of this chapter and the provisions of sections 10-4- 302 through 10-4-309, 10-4-314, 10-4-315,10-4-409,10-4-509, and 10-4-611, of this chapter shall apply to yard signs, in addition, the following restrictions shall apply solely to yard signs:
1. No person shall maintain more than five (5) yard signs, measuring a maximum of one hundred fifty (150) square inches in area, on any one lot or site area, whichever is larger, in any single-family or multi-family residential zone. Two (2) signs placed back to back shall count as one sign.
2. No person shall maintain more than three (3) yard signs, each measuring a maximum of five (5) square feet in area, on any one lot or site area, whichever is larger, in any nonresidential zone. Two (2) signs placed back to back shall count as one sign.
3. Freestanding signs shali not exceed four feet (4') in height from the ground.
C. Voluntary Sign Approvai And Distribution Permit:
1. Voluntary Sign Approval: Any person who wishes to post yard signs in the city may, at his or her option, bring a sign or signs to the building officer to review the signs for conformance With the provisions of this chapter.
2. Any person wishing to distribute more than ten (10) yard signs to property owners in the city must first apply for and receive a permit from the building official. The permit application shall contain an actual sized prototype of the sign and the name, address, and telephone number where the person may be reached by the building official or police chief or the respective deputies responsible for the enforcement of these provisions.
The permit application shail be approved unless the sign does not meet the size requirements set forth in this section. The decision to grant or deny a permit shall be made within four (4) hours after submission of the application. One permit shall govern all signs of each type distributed to property owners in the city.
D. Maintenance And Removai:
1. Yard signs must be maintained, on a continuing basis, in good repair, and must be securely attached or grounded so that the yard sign will not be dislodged by the elements. Yard signs need not comply with the structural requirements pertaining to more permanent signs.
2. Yard signs specifically advertising or pertaining to an event, such as an election, must be removed within ten (10) days immediately following the event.
E. Violations: The violation of any of the provisions of this chapter regulating yard signs which may result in the conditions described in either section 3479 or 3480 of the California Civil Code is hereby deemed a public nuisance which may be abated by the city in the manner prescribed by law. If the building official, the police chief, or their authorized representatives, after inspection, find that a yard sign has been posted at a location which is in violation of this section or that a yard sign has become unsafe, insecure, or is a menace to the public safety, such official shall take action as follows:
1. If the yard sign has been posted on private property or on property owned by another public agency, such official of the city shall give forty eight (48) hours' written or oral notice to the property owner or tenant on whose property the sign has been posted, to remove, relocate, repair, or alter such sign.
2. If the sign has not been removed, relocated, repaired, or altered within such period of time, or such other further time as agreed to by such official of the city, the official may remove such sign, and the property owner or tenant responsible for the sign shall be liable to the city for the city's actual costs of removal. Such costs of removal shall be deemed a civil debt due and owing the city which may be collected by appropriate legal means.
https://export.amlegal.com/api/export-requests/b11 f63fc-f890-4a62-893b-fb5743301 a2e/down!oad/ 1/2 12/27/21,12:19 PM https://export.amlegal.com/api/export-requests/b11f69fc-f890-4a62-893b-fb5743301 a2e/download/
3. Notwithstanding the provisions of this section, a city official may summarily and without notice remove any yard sign posted on property owned or controlled by the city. In addition, a city officiai may summariiy remove any yard sign which poses an immediate danger to persons or property. In addition, any yard sign, regardless of where posted, left posted after the tenth day following the event to which such sign specifically relates shall be deemed abandoned by its owner and may be summarily removed without notice. (Ord. 80-O1775, eff. 12-5-1980; amd. Ord. 04-O-2457, eff. 11-30-2004; Ord. 05-O-2459, eff. 1-5-2005; Ord. 05-O-2476, eff. 7-5-2005; Ord. 05-0-2480, eff. 9-2-2005)
https://export.amlegal.eom/api/export-requests/b11f69fc-f890-4a62-893b-fb5743301a2e/download/ 2/2 Attachment 4
Political / Election Sign Information
The following is intended to provide basic information concerning the placement and maintenance of political/election signs in the City of Beverly Hills in accordance with Chapter 4, Title 10, of the Beverly Hills Municipal Code (BHMC). No application fee required for a political election sign permit.
The following restrictions apply to political/election signs:
1. No person shall maintain more than five (5) signs, measuring a maximum of one hundred fifty (150) square inches in area, on any one lot or site area, whichever is larger, in any singlefamily or multi-family residential zone. Two (2) signs placed back to back shall count as one sign.
2. No person shall maintain more than three (3) signs, each measuring a maximum of five (5) square feet in area, on any one lot or site area, whichever is larger, in any non-residential zone. Two (2) signs placed back to back shall count as one sign.
3. Freestanding signs shall not exceed four (4) feet in height as measured from the ground.
Voluntary Sign Approval
■ Any person who would like to post political/election signs in the city may, at his or her option, bring the sign to the building official for review to ensure conformance with the Code.
Distribution Permit
■ Any person who would like to distribute more than ten (10) signs to property owners in the city must first apply for and receive a permit from the building official. The permit application packet requires the following: a to-scale prototype of the sign, the name, address, and telephone number of the applicant to ensure they can be reached by the building official or police chief or their deputies responsible for the enforcement of these provisions. The application will be approved unless the sign does not meet the size requirements of the Code.
The decision to grant or deny a permit will be made within four (4) hours after submission of the application. One permit governs all signs of each type distributed to property owners in the city.
City o/Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 ^310) 285-1141 /{310) 273-0972 BeverlyHills.org City of Beverly Hills
Political / Election Sign Information
Page Two
Maintenance and Removal of Signs
■ Political/election signs must be maintained in good repair on a continuing basis and must be securely attached or grounded so that they do not become dislodged by the elements; they do not have to comply with the structural elements of more permanent signs. ■ Political/election signs must be removed within ten (10) days following the election.
Violations
Violation of the display regulations may result in the conditions described in Section 3479 or 3480 of the California Civil Code. If a violation occurs it may be abated by the city in the manner prescribed by law. If the building official, police chief, or their lawful representatives find that a sign has been posted at a location in violation of Code or that a sign has become unsafe, detached, or is a menace to the public safety, the official may take the following action:
1. If the sign has been posted on private property or on property owned by another public agency, the city official will give forty eight (48) hours written or verbal notice to the property owner or tenant on whose property the sign has been posted to remove, relocate, repair, or alter the sign.
2. If the sign has not been removed, relocated, repaired, or altered within the proscribed time, or by the time agreed to by the city official, the official may remove the sign and the property owner or tenant responsible for the sign will be liable to the city for removal costs. Such removal costs shall be deemed a civil debt due and owing to the city and may be collected by appropriate legal means.
3. A city official may, without notice, remove any sign posted on property owned or controlled by the city. In addition, a city official may remove any sign which poses an immediate danger to persons or property. Any sign that remains posted after the tenth day following the election to which such sign specifically refers shall be deemed abandoned by its owner and may be removed without notice.
Any questions not addressed in the above may be directed to the Community Development, Development Services Permit Center: 310-285-1141.
Attachment 5
9 - Campaign Lawn Signs_Sample
CAMPAIGN LAWN SIGNS
The City of Beverly Hills is strongly encouraging candidates to post election signs NO EARLIER THAN JANUARY 6, 2020 for the March 3, 2020 Regular Municipal Election. It is also recommended that candidates post no more than two election signs per residence.
In addition, candidates should be aware that a “Printer’s Sample” of the Candidate’s campaign lawn sign must be delivered to the Building & Safety Division of the Community Development Department prior to the issuance of a sign permit.
Please refer to Beverly Hills Municipal Code Section 10-4-806 for regulations regarding allowable size and placement of political signs.
Please contact the City Clerk’s Office should you have any questions.