DATE:
April 26, 2022
CATEGORY:
Consent
DEPT.:
City Attorney’s Office, City Clerk’s Office
TITLE: Adopt an Ordinance to Enact Campaign
Contribution Limits, Amend Campaign
Finance Reporting and Disclosure
Requirements, and Repeal Political Sign
Regulations (Second Reading)
RECOMMENDATION
Adopt an Ordinance of the City of Mountain View Amending Chapter 2, Article XII, of the Mountain View City Code Relating to Campaign Finance and Repealing Article III of Chapter 3 of the Mountain View City Code Relating to Political Signs, to be read in title only, further r eading waived (Attachment 1 to the Council report). (First reading: 5-2; Matichak and Showalter no)
BACKGROUND AND ANALYSIS
On April 12, 2022, the City Council introduced an ordinance to enact campaign contribution limits; amend the Disclosure in Advertisements Ordinance; enact enhanced reporting and disclosure reporting requirements for independent expenditures in local elections; require the City Clerk to establish administrative guideli nes for receipt, review , and reporting alleged violations of the Political Reform Act to the Fair Political Practices Commission; and repeal the Political Sign Ordinance. The Council introduced the ordinance by a 5 -2 vote (Councilmembers Matichak and Showalter voting no). If adopted tonight, it will become effective May 26, 2022.
In addition, the Council directed staff to review and return with the following at a future date:
1. Evaluate whether the top contributor disclosure requirements under the City’s Disclosure in Advertisements Ordinance and State law can both apply to a committee’s advertisement when a committee has fewer than the maximum number of top contributors required to be disclosed under State law and addi tional top contributors that qualify under the City’s Ordinance. Staff will review the feasibility of this hybrid disclosure approach, or “gap,” in disclosure requirements.
2. Amend the Campaign Contribution Limits Penalty section to include that violators of the limit must pay a penalty, the amount of which would be equal to the amount received that was in excess of the campaign contribution limit.
Adopt an Ordinance Adopt an Ordinance to
Enact Campaign Contribution Limits, Amend Campaign Finance Reporting and Disclosure Requirements, and Repeal Political Sign Regulations (Second Reading) April 26, 2022
Staff will review and evaluate these two issues and return to Council at a future date for further Council consideration.
FISCAL IMPACT
The proposed ordinance does not have a direct fiscal impact. However, s taff resources for implementation and enforcement of the ordinance are required.
ALTERNATIVES
1. Do not adopt the ordinance.
PUBLIC NOTICING
Agenda posting. The ordinance was published at least two days prior to adoption in accordance with City Charter Section 522.
Prepared by:
Nicole C. Wright
Senior Assistant City Attorney
Diana Fazely
Assistant City Attorney
Heather Glaser
City Clerk
Approved by:
Jannie L. Quinn
Interim City Attorney
Audrey Seymour Ramberg
Assistant City Manager/
Chief Operating Officer
NCW-DF-HG/LK/4/CAM
012-04-26-22CR
201891
Attachment: 1. Ordinance