CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 6, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Campaign Law Enforcement Agreement with the Fair Political Practices Commission (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-349 authorizing the City Manager to execute an agreement with the State of California Fair Political Practice Commission for campaign law enforcement.
Executive Summary
This action supports the City’s ongoing compliance with Assembly Bill 571 (AB 571), which established default state campaign contribution limits for local electives. The city previously adopted local campaign finance regulations and entered into an agreement with the Fair Political Practices Commission (FPPC) for enforcement of these provisions.
Background
On January 1, 2021, Assembly Bill (AB) 571 went into effect, setting default contribution limits for elective county and city offices aligning with contributions limits set for elected officers of the state Assembly and Senate. Under AB 571, the FPPC will have administration and enforcement authority regarding the default contribution limits for cities and counties without their own local contribution limits, and make violations of default contribution limits within the FPPC’s purview punishable as a misdemeanor.
These contribution limits may be adjusted by the FPPC in January of odd-numbered years.
Under the new law, cities were permitted to adopt local campaign ordinances that contain additional restrictions and requirements that are more precisely tailored to the needs of their communities. On September 16, 2020, after consideration of the matter, the City Council decided to defer to the state’s limit, which is presently set at $5,900 from an individual per election, enforced by the FPPC.
On June 2, 2021, the Mayor and City Council adopted Ordinance No. MC-1558. Adding Chapter 2.55 of the City of San Bernardino Municipal Code relating to local campaign finance regulations, including restrictions for contracts pending approval by the Mayor and City Council and members of the City.
Also on June 2, 2021, Mayor and City Council authorized the City Manager to execute an agreement with the FPPC for Campaign Law Enforcement services as established under Chapter 2.55 of the Municipal Code.
On February 21, 2024, an Amendment No. 1 agreement with the FPPC for Campaign Law Enforcement services.
Discussion
To ensure appropriate enforcement of these regulations, the city entered into an agreement with the FPPC for campaign law enforcement services. The agreement authorized the FPPC to investigate and, if necessary, prosecute violations of the campaign contribution rules applicable to local elections in the City of San Bernardino.
The proposed new agreement with the FPPC will maintain the enforcement relationship and continue to promote transparency and accountability in the city’s process.
2021-2025 Strategic Targets and Goals
The action aligns with Strategic Goal No.2: Focused, Aligned Leadership and Unified and Community. To foster transparency and accountability with the citizens and stakeholders.
Fiscal Impact
The cost for the FPPC to enforce the City’s local campaign contribution ordinance is based on the actual cost of services provided, with a maximum amount not to exceed $200,000 over a two-year contract period. This includes a base annual fee of $55,000.
The proposed FY 2025–2026 operating budget includes funding to support this agreement.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-349 authorizing the City Manager to execute an agreement with the State of California Fair Political Practice Commission for campaign law enforcement.
Attachments
Attachment 1 – Ordinance No. MC-1558
Attachment 2 – Resolution 2025-349
Attachment 3 – FPPC Local and Municipal Contract 2025-2027 Ward: All Wards
Synopsis of Previous Council Actions:
June 2, 2021 Agreement with the State of California Fair Political Practices Commission
February 21, 2024 Amendment No. 1 to the Agreement with the State of California Fair Political Practices Commission