CITY COUNCIL AGENDA
February 8, 2022
WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE
ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
David E. Hudson, Mayor • Sridhar Verose, Vice Mayor
Mark Armstrong, Councilmember • Scott Perkins, Councilmember • Sabina Zafar, Councilmember Agenda Questions: Please call the City Clerk (925) 973-2539 Documents received after publication of this Agenda and considered by the City Council in its deliberation will be available for inspection only via electronic document transfer, due to COVID-19. See the COVID-19 provisions outlined below. Please call or email the City Clerk during normal business hours if you require access to any such documents.
TELECONFERENCE SPECIAL MEETING – 5:30 PM
COVID-19 ADVISORY AND MEETING PROCEDURE
Assembly Bill 361 suspends certain provisions of the Brown Act, allowing public meetings to be held by teleconference. As a precaution to protect the health and safety of staff, officials, and the general public. Councilmembers will not be physically in attendance, but will be available via video conference.
There will be no physical location for members of the public to participate in the meeting. We encourage members of the public to access the meeting online using Zoom. It is recommended that anyone wishing to view and/or participate in the meeting, download the Zoom application, www.zoom.us, before the start of the meeting. Zoom participants will have the opportunity to speak during one of the Public Comment periods (for topics not on the agenda), in addition to each of the agendized items.
If you would like to submit written public comment via email, please do so by 4:30 p.m. on Tuesday, February 8, 2022, to [email protected]. Please include “Public Comment 2/8/2022” in the subject line. In the body of the email please include your name and the item you wish to comment on. Written comments submitted will be provided to the Council prior to the start of the meeting. Written public comment will not be read aloud during the meeting. If you wish to make your comments heard, you must participate in the Zoom meeting.
There will be zero tolerance for any person addressing the Council making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting.
2 City Council Special Meeting – February 8, 2022
HOW TO VIEW OR PARTICIPATE IN THE MEETING REMOTELY:
1. To view or participate in the meeting through Zoom
Livestream online at: https://cityofsanramon.zoom.us/j/91047250557 Webinar ID: 910 4725 0557
Use the “Raise Your Hand” button to request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be re-muted.
2. To view the meeting live online at: www.sanramon.ca.gov/YouTube
3. To listen or participate in the meeting by telephone, dial: +1 (669) 900-6833 Webinar ID: 910 4725 0557
Use *9 on your telephone to raise your hand and request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be remuted. 3 City Council Special Meeting – February 8, 2022
1. CALL TO ORDER/ROLL CALL
2. NEW BUSINESS
2.1 Campaign Contribution Limits
3. ADJOURNMENT
I hereby certify the attached City Council agenda was posted 72 hours before the noted meeting.
Dated: February 4, 2022
4 City Council Special Meeting – February 8, 2022
The agenda with links to minutes and staff reports is available on the City’s website:
www.sanramon.ca.gov
* * * * *
This Agenda is posted in accordance with Government Code Section 54954.2(a).
To request a disability-related accommodation(s) to participate in the meeting, please contact the City Clerk 24 hours in advance of the meeting at 925-973-2539. * * * * *
Information for public participation at Council meetings, including the time limits for addressing the Council, is provided on the agenda.
If you have any questions, please contact the City Clerk prior to the meeting. * * * * *
Regular City Council meetings are broadcast on Contra Costa Television (CCTV) (Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m. immediately following the meeting.
Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).
Regular City Council meetings may also be viewed at
http://sanramonca.iqm2.com/citizens/default.aspx
CITY COUNCIL STAFF REPORT
DATE: February 8, 2022
TO: City Council/City Manager
FROM: Martin Lysons, City Attorney
By: Christina Franco, City Clerk
SUBJECT: Campaign Contribution Limits
RECOMMENDED ACTION
Staff requests direction from City Council regarding the implementation of AB 571 which limits campaign contributions to City Council candidates per donor per election, or whether the Council wishes to adopt a different limit. If the latter, staff also requests direction regarding enforcement provisions.
BACKGROUND/DISCUSSION
Assembly Bill (AB) 571 became effective January 1, 2021, setting default campaign contribution limits for local elections. The state contribution limit now applies to all city candidates, if the city has not already enacted laws addressing a contribution limit on such candidates. Prior to the passing of AB 571, the City did not impose a campaign contribution limit for candidates running for City office.
The Fair Political Practices Commission (FPPC) has published a fact sheet, included with this report as Attachment A, pertaining to campaign contribution limits. AB 571 prohibits a donor from making to a candidate for elective city office, and a candidate for elective city office from accepting, a contribution totaling more than $4,900 per donor per election. The contribution limit is updated by the FPPC biennially for inflation. The current default limit for contributions is set at $4,900 per election. The FPPC adjusts this limit in January of odd-numbered years to reflect any increase or decrease in CPI, rounded to the nearest $100.
This bill also authorizes a city to impose a limitation that is different from the limitation imposed by this bill, or no contribution limits at all. However, if a city wishes to impose a different limitation, then the city is tasked with enforcement, including administrative, civil or criminal penalties, and provides that the FPPC is not responsible for the administration or enforcement of such city ordinance or resolution. A list of California cities, along with their adopted campaign limits, is included in this report as Attachment B.
2.1 Packet Pg. 3
Along with the new campaign contribution limit, there are also other related provisions and regulations in AB 571 that formerly applied only to state level candidates that now apply to city and county candidates. Candidate committees subject to AB 571 are not permitted to redesignate an existing committee for a new election. A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each election. This means that candidates that are subject to AB 571 cannot amend their Form 410 for their old committee to redesignate the committee for use when running for reelection.
FISCAL ANALYSIS
None.
STEPS FOLLOWING APPROVAL
If City Council wishes to adopt a campaign contribution limit different from that imposed by AB 571, staff requests direction in order to facilitate implementation. Further, if the direction to staff is to implement a limit different than the $4,900 limit imposed by AB 571, staff requests direction regarding how the Council envisions provisions for enforcement. Staff will formalize any such provisions and any change to the contribution limit into an Ordinance for Council adoption at a future council meeting.
ATTACHMENT:
A: FFPC AB 571 Fact Sheet
B: California Cities Campaign Contribution Limits
2.1 Packet Pg. 4
Fair Political Practices Commission
Contribution Limits: City and County Candidates1
Introduction
Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits.
Current State Contribution Limit
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website’s FPPC Regulations page. The default limit for contributions to city and county candidates subject to AB 571 for 2021-2022 is set at $4,900 per election.
Other Provisions Affecting City and County Candidates
Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following:
• A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit with limited exceptions related to recall elections, legal defense funds and candidatecontrolled ballot measure committees. (See Regulation 18535 for more information.)
• A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election for another election.
• Candidates may transfer non-surplus campaign funds from one candidatecontrolled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county or city office. However, contributions transferred must be attributed and transferred using the “last in, firstout” or “first in, first out” accounting method and www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 1 of 8
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits)
shall not exceed the applicable contribution limit per contributor. If a candidate is seeking to transfer campaign funds from one controlled committee to another for the same office a candidate may carry over non-surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office without attributing or using the “last in, first out” or “first in, first out” accounting method. (See Regulation 18536 for more information on the transfer and attribution of contributions and See Regulation 18537.1 for more information on carryover of contributions.)1 • Candidates may not personally loan to a candidate’s campaign an amount for which the outstanding balance exceeds $100,000. “Campaign” includes both the primary and general, or special and special runoff, elections. However, a candidate may loan each committee for a different office or term of office up to $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate’s campaign. (See Regulation 18530.8 for more information.)
• Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act. (See Regulation 18531.5 for more information.) • A candidate for local office may open a candidate-controlled general purpose ballot measure committee to oppose or support a measure being voted on. The committee must identify on its campaign statements and reports each measure for which an expenditure of $100 or more is made. (See Regulations 18421.8 and 18521.5 for more information.)
• Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election. (See Regulation 18531.64 for more information.) 1 This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, 1 unless otherwise indicated.
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 2 of 8
www.fppc.ca.gov
2.1.a
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits)
• Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the generalelection, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions. (See Regulation 18531.2 for more information.) • Candidates that are currently in office that are running for reelection to the same seat in an election after January 1, 2021 may carry over campaign funds without attribution as mentioned above. Candidates running for a different office also do not need to do LIFO FIFO or attribution for the election immediately subsequent to the election prior to 2021 for which the money was raised. • Candidates must disclose cumulative totals of contributions received or made for each election on campaign statements. (See Regulation 18421.4 for more information.)
FAQs
A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place.
B. Is there a way for a city or county to adopt “no” contribution limits for city or county elective city and county offices?
Yes. A city or county may elect to have “no” contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented “no” contribution limits, the state contribution limit will not apply as a default for that jurisdiction.
C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit. www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 3 of 8
2.1.a
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits)
D. If a city or county imposes contribution limits, is the Commissionresponsible for enforcing those limits?
No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations.
E. If a city or county has voluntary contribution limits, but no mandatory contribution limits will the state limit be applicable? Yes. A city or county must enact mandatory contribution limits to avoid the state limit applying to elective city and county offices.
F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices.
G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying.
H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit.
I. Does AB 571 apply to the office of County Superintendent of Schools or the office of County Board of Education?
AB 571 does apply to the office of County Superintendent of Schools because it is considered a “county” office. However, the office of County Board of Education is not subject to AB 571 because it’s not considered a “county” position. www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 4 of 8
2.1.a
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits)
J. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee?
No. Officeholder committees are not permitted for candidates subject to the AB 571 contribution limit. However, a candidate may use a committee for the officeholder’s future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses.
K. Does the AB 571 contribution limit apply to debt retirement for the 2020 election?
No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020.
L. If a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1, 2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021?
No. The Commission adopted a formal opinion on April 15, 2021 that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1, 2021 the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1, 2021.
M. If a contributor gave $10,000 in 2020 (prior to the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1, 2021 so a contribution of this amount is permissible.
N. Does the AB 571 contribution limit apply to political party committees and small contributor committees making contributions to candidates subject to the AB 571 limit?
Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate.
O. Does the AB 571 limit apply to county central committee candidates? www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 5 of 8
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits)
No. AB 571 imposes a contribution limit on city and county elective offices when a local jurisdiction has not already done so. Local jurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices.
P. If an election was held in November 2020, but resulted in the need for a run-off election to be held in February 2021, how would the contributions be treated under AB 571?
The run-off election is considered a new election. If a contributor gave any amount to an AB 571 candidate for the November 2020 election, the same contributor would still be permitted to contribute up to $4,900 (the AB 571 limit) to the same candidate for the February 2021 run-off election.
Q. An AB 571 candidate for city council would like to send out a request for contributions to their constituents. Do they need to include anything specific in the request?
Yes. A candidate that is subject to AB 571 must have the following information in the solicitation: the name of the controlled committee soliciting contributions, and the specific office for which those contributions will be used.
R. If an AB 571 candidate is the subject of a recall, is their committee to oppose the recall subject to contribution limits?
No. There are no contribution limits for a committee controlled by a candidate that is the subject of a recall that is formed to oppose the recall.
S. An AB 571 candidate has debts for an election held after January 1, 2021, may the candidate terminate their committee?
No. If a candidate-controlled committee has outstanding debts for an election held after January 1, 2021, they may not terminate without resolving or paying off the debt.
When the committee has no net debts outstanding, the committee must be terminated within 24 months after the earliest of the date the candidate is defeated, leaves office, or the term of office for which the committee was formed ends, or, for withdrawn candidates no later than 24 months after the election from which the candidate withdrew. Please see Regulation 18404.1 for more on termination requirements for committees subject to AB 571.
www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 6 of 8
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits)
T. If a local jurisdiction, which is subject to AB 571, passes a local campaign contribution ordinance, are the candidates still subject to AB 571? No. They would no longer be subject to AB 571.
www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 7 of 8
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits)
Index of Regulations and Government Codes:
FPPC Regulations:
18404.1
18421.4
18421.8
18521
18521.5
18523.1
18530.2
18530.8
18531.2
18531.5
18531.61
18531.63
18531.64
18535
18536
18537.1
18545
18951
Government Code(s):
85301
85303
85304.5
85305
85306
85307
85315
85316
85317
85318
85702.5
www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-10-2021 Page 8 of 8
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Attachment: A: FFPC AB 571 Fact Sheet (3478 : Campaign Contribution Limits) Campaign Contribution Limits
1. Agoura Hills $250
2. Anaheim $1,500
3. Arcata $210
4. Banning - State
5. Bell Gardens $250
6. Belmont $500
7. Berkeley $250
8. Beverly Hills $450
9. Brentwood - State
10. Buena Park $4,000
11. Burbank $500
12. Campbell - State
13. Capitola $200
14. Chico $500
15. Chula Vista $350
16. Claremont $250
17. Clovis - No Limit
18. Commerce $1,000
19. Compton – No Limit
20. Cotati $350
21. Covina – No Limit
22. Cudahy $1,000
23. Culver City $500
24. Dana Point $760
25. Danville - State
26. Dublin $500
27. Del Mar $2,000
28. Downey $2,000
29. East Palo Alto $500
30. El Centro - No Limit
31. El Segundo $500
32. Encinitas $250
33. Escondido $4,300
34. Eureka $500
35. Fillmore $250
36. Folsom $150
37. Fontana -State
38. Fountain Valley $500
39. Fresno $4,400
40. Galt $100
41. Gardena $1,000
42. Gilroy $750
43. Glendale $1,000
44. Grand Terrace $250
45. Half Moon Bay $1,000
46. Hayward $350
47. Healdsburg $500
48. Hermosa Beach $250
49. Hesperia $500
50. Huntington Beach $500
51. Irvine $300
52. La Habra - State
53. La Mesa - State
54. Lafayette – No Limit
55. Laguna Beach $360
56. Laguna Hills – $1,000
57. Laguna Niguel $1,000
58. Lemon Grove $1,000
59. Livermore – State/$50 anon.
60. Loma Linda – State
61. Long Beach $250
62. Los Altos – No Limit
63. Los Gatos - State
64. Malibu $250
65. Manhattan Beach $250
66. Marina $200
67. Menifee - State
68. Merced $500
69. Milpitas $250
70. Monrovia – State
71. Moorpark – No Limit
72. Moreno Valley – No Limit
73. Monterey $500
74. Murrieta $1,000
75. Newark $500
76. Newport Beach $1,200
77. Norwalk – No Limit
78. Novato $400
79. Oakland $1,000
80. Orange $1,000
81. Oxnard $500
82. Pacific Grove $600
83. Paramount – No Limit
84. Petaluma $200
85. Pinole $500
86. Pittsburg – State
87. Pleasant Hill - $2,000
88. Pomona $500
89. Poway $250
90. Redlands- State
91. Redondo Beach $1,000
92. Redwood City $1,000
2.1.b
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Attachment: B: California Cities Campaign Contribution Limits (3478 : Campaign Contribution Limits) Campaign Contribution Limits
93. Richmond $2,500
94. Riverside – No Limits
95. Rohnert Park $500
96. Rolling Hills Estates - State
97. Rosemead - State
98. Roseville $500
99. Sacramento $1,750
100. San Carlos - State
101. San Demas - State
102. San Diego $500
103. San Fernando $500
104. San Gabriel - State
105. San Jose $500
106. San Juan Capistrano $580
107. San Marcos $250
108. San Mateo $500
109. Santa Ana $1,000
110. Santa Clara $250
111. Santa Clarita $1,000
112. Santa Cruz $400
113. Santa Maria – No Limit
114. Santa Monica $340
115. San Ramon – State
116. Santa Rosa $500
117. Santee $500
118. Sausalito $500
119. Seal Beach $1,000
120. Scotts Valley $100
121. Sierra Madre - State
122. Signal Hill $440
123. Simi Valley $1,000
124. Solana Beach $100
125. Sonoma $100
126. South El Monte - State
127. South Gate $1,000
128. South Pasadena $1,000
129. St. Helena – No Limit
130. Sunnyvale - State
131. Temple City - State
132. Thousand Oaks $560
133. Torrance $1,000
134. Truckee - State
135. Turlock $1,000
136. Ukiah $500
137. Union City $720
138. Upland $1,000
139. Vacaville - State
140. Ventura $100
141. Vernon $100
142. Victorville - State
143. Walnut $1,000
144. Walnut Creek $100
145. Watsonville $500
146. West Covina $500
147. West Hollywood $1,000
148. West Sacramento $250
149. Whittier – No Limit
150. Windsor – No Limit
151. Woodland – No Limit
2.1.b
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Attachment: B: California Cities Campaign Contribution Limits (3478 : Campaign Contribution Limits)