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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: February 21, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission for Campaign
Law Enforcement
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission (FPPC) for campaign enforcement and extend the term of the agreement term through June 30, 2025.
Executive Summary
This request is for the City Council to approve Amendment No. 1 to the Master Agreement between the City of San Bernardino and the Fair Political Practices Commission (FPPC) for campaign enforcement. In 2021, the City Council adopted an ordinance establishing local campaign finance regulations and a resolution authorizing an agreement with the FPPC for campaign law enforcement. However, when a subsequent ordinance was adopted in 2022, an amendment to the agreement was needed but not completed due to competing priorities. The current agreement has now expired as of June 30, 2023. Approval of the amendment would extend the agreement through June 30, 2025, and allow the FPPC to resume audits of local campaigns that are currently paused. The amendment removes the $400,000 cap over the agreement term, but costs will still not exceed $200,000 annually, which is allocated in the City Clerk Department budget. Approval is recommended to continue the city's partnership with the FPPC for the administration and enforcement of local campaign finance law.
Background
At a City Council workshop in August 2020, the City Council requested staff bring back an ordinance to establish unlimited campaign contribution limits. The City Council was presented with a draft ordinance on September 2, 2020, and again on September 16, 2020. At the September 16 th meeting, the City Council decided to defer to the state's 1 8
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limit, which was set at $4,900 and enforced by the FPPC.
On June 2, 2021, the Mayor and City Council adopted Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to the local campaign finance regulations. In addition, the City Council adopted Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement.
On February 16, 2022, the Mayor and City Council adopted Ordinance No. MC-1573U establishing campaign contribution limitations under Assembly Bill 571 reaffirming their previous decision, to defer to the State’s contribution default limits and allow for updated biennial inflation increases, avoid several provisions, including the requirement under AB571 that a candidate establish a new separate committee and bank account for each election.
Discussion
As mentioned, the Mayor and City Council adopted Resolution No. 2021-136, authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission (FPPC) for campaign law enforcement. In February 2022, with the adoption of Ordinance No. MC-1573U, an amendment to the Master Agreement with the FPPC was needed; the Staff was unaware and did not complete the necessary amendment to the agreement. When the City Clerk became aware, there were several competing priorities, and the amendment was inadvertently delayed. The Master Agreement has since expired, and in speaking with the FPPC representative, staff has been informed that the audits are currently paused; however, they will resume upon execution of the amendment. Staff is seeking approval to continue the agreement with the FPPC through June 30, 2025. 2021-2025 Strategic Targets and Goals
Approving the amendment to the City’s agreement with the FPPC aligns with Goal 2b:
Focused, aligned leadership and unified community - Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. Due to competing priorities, staff cannot perform the necessary audits, and partnering with the FPPC ensures operations continue.
Fiscal Impact
The amendment to the agreement removes the $400,000 cap for the term of the agreement; however, the agreement will not exceed $200,000 per year, and this amount is allocated within the City Clerk Department budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission (FPPC) for campaign enforcement and extend the term of the agreement term through June 30, 2025.
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Attachments
Attachment 1 – Amendment No. 1 to the Master Agreement with the FPPC Attachment 2 – Master Agreement with the FPPC
Ward:
All Wards
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Synopsis of Previous Council Actions:
On June 2, 2021, the Mayor and City Council Adopted Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to the local campaign finance regulations
June 2, 2021, Adopted Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement.
On February 16, 2022, the Mayor and City Council adopted Ordinance No. MC- 1573U establishing campaign contribution limitations under Assembly Bill 571.