5 5
3 review of the City’s Sign Regulations. During its Goals Setting Meeting on May 17, 2022, City Council asked that staff provide a report in 2023 that discusses the City’s Sign Regulations.
DISCUSSION/ANALYSIS:
Under the First Amendment, citizens are entitled to constitutional protections related to speech when the government acts either as a property owner or as a regulator of citizen conduct. Wording contained on signs is considered speech and, therefore, any regulation of signs is subject to First Amendment analysis.
As a property owner, the City is not required to freely grant access to all government property to anyone wishing to exercise their right to free speech. Courts have ruled that some types of government property, such as parks and government centers, are traditional “public forums”, upon which government is significantly restricted from limiting speech. Other types of government property, such as court rooms and city council chambers, are deemed “limited public forums” where government can impose more restrictions based on the nature of the property, the need to run the business of the government, or public safety. Finally, there are some types of government property, such as a public employee’s office or property not accessible to the public, that is not designated as a forum for free speech and governments can completely prohibit speech activities in such areas.
As a regulator, cities are permitted to distinguish commercial speech and non- commercial speech and regulate these types of speeches differently. Commercial speech is not entitled to the same level of First Amendment protection as non- commercial speech. It is the only type of legal content distinction acknowledged by the U.S. Supreme Court.
Commercial speech is speech or writing on behalf of a business with the intent of earning revenue or profit. It is economic in nature. Non-commercial speech or writing is any message that is not commercial speech. It includes messages concerning political, religious, social, ideological, public service, charitable, informational, and even whimsical topics. In other words, anything that is not commercial speech is deemed non-commercial speech. The following are examples of signs that would fall in the same category of non-commercial speech:
1. Political/elections sign
2. Address sign on a house
3. Garden flag in front yard of a house that says “Welcome”
4. Sign celebrating the birth of a baby or graduation of a student
5. Sign promoting a fundraiser event for a local nonprofit
6. Directional sign
Item No.13B
Sign Regulations Update
March 14, 2023
5 5
3 Any regulation of non-commercial speech is subject to the most exacting strict scrutiny. Any restriction imposed by a city must be a content-neutral time, place, and manner restriction. It must serve a compelling government interest and must not unreasonably limit alternative avenues of communication. In the past, cities routinely established different regulations for different subject categories of signs.
For example, a front yard sign that contained a political message would be subject to different rules than a similar front yard sign that celebrated a current holiday.
However, recent case law has clarified that regulations that distinguish between various subject types is a content-based restriction and presumed to violate the First Amendment. In Reed v. Town of Gilbert (2015) 576 US 155, the U.S.
Supreme Court held that any distinction between non-commercial signs based on their message is content-based restriction and subject to strict scrutiny. In that case, a church placed small temporary directional signs on sidewalks and other locations where election signs were also placed. The Town of Gilbert had different regulations for temporary signs, depending on the content. Political signs could be placed up to 60 days before and 15 days after an election, whereas the church’s directional signs were limited to 12 hours before and one hour after the event. The permitted size of these two types of signs differed as well. Political signs were allowed to be 32 square feet, while the church’s directional signs were allowed to be 6 square feet. The Court held that government regulation of speech is content- based if it applies to particular speech because of the topic discussed or the idea or message expressed. The Court also held that even a purely directional message, which merely gives the time and location of a specific event conveys an idea about a specific event. Finally, it concluded that if a sign regulation, on its face, is content based, its public purpose does not matter.
In response to the Reed case, the City amended the sign regulations to remove any municipal code section that permitted the placement of private signs in the City’s public-right-of-way to ensure the prohibition was applied uniformly. The City also adopted a Message Substitution Policy (Policy) in its Sign Regulations as a temporary measure until a comprehensive update of its Sign Regulations could be done. This Policy provides that a constitutionally protected non-commercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any other protected non-commercial message. While this Policy is content neutral because it does not distinguish between any particular message, it can be confusing when a particular sign/message that is specifically identified in the Sign Regulations does not meet that specific regulation, but is still legally permitted because the City is required to substitute another regulation in the Sign Regulations under the Message Substitution Policy.
If a comprehensive update to the Sign Regulations is done, it should consider the following types of content-neutral time, place, and manner regulations to ensure Item No.13B
Sign Regulations Update
March 14, 2023
5 5
3 the regulations are constitutionally defensible:
1. Rules regulating the size of a sign based on content neutral criteria such as zoning.
2. Rules regulating the location in which signs may be placed.
3. Rules distinguishing between placement of signs on private property versus public property.
4. Rules distinguishing placement of signs on residential versus commercial property.
5. Rules distinguishing between temporary and permanent signs.
6. Rules distinguishing between commercial and non-commercial speech.
The majority of the City’s sign regulations are found in the City’s Zoning Code in Title 9, Article 23 of the Thousand Oaks Municipal Code. These regulations set forth criteria for signs throughout the City. For example, the regulations take into account the zoning designation for the proposed sign, the purpose of the sign, size limits, sign materials, and site locations. The following is a summary of the more substantive/informative regulations relating to the City’s existing Sign Regulations:
Section 9-4.2301(c) – Message Substitution Policy. Allows constitutionally protected non-commercial messages of any category or content to be substituted in whole or in part for any allowed commercial message or any other protected non-commercial message.
Section 9-4.2302 – Permit Required. Requires a permit for certain signs or advertising displays.
Section 9-4.2303 – Definitions. Provides various definitions relevant to the Sign Regulations including definitions for “Announcement Signs”, “Business Directory Signs”, “Construction Signs”, “Directional Signs”, “Monument Signs”, “Political Signs”, and “Wayfinder Signs.”
Section 9-4.2304(d) – Construction, Maintenance, and Removal. Permitted temporary signs such as political signs shall be displayed no sooner than 45 days before, and removed no later than 7 days after, the completion of an event or election.
Section 9-4.2305(a)(3) – Residential Zones. Temporary political signs are permitted, limited to 12 square feet in area and 6 feet in visible height. No more than one sign per candidate or position on a ballot issue can be displayed on any one side of a parcel of record which has frontage on a public street.
Section 9-4.2305(b)(3) – Residential Zones. In RPD Zones, after the issuance of a development permit, the Community Development Director may permit one Item No.13B
Sign Regulations Update
March 14, 2023
5 5
3 single-faced unlighted sign on a parcel of record to identify the project, contractor, and/or leasing agent. The sign is limited to 24 square feet in area and must be removed within 30 days after the issuance of a certificate of occupancy. Religious facility directional signs are permitted within a one-mile radius of the religious facility location and the size of the sign is limited to 4 square feet and cannot exceed 8 feet in height. These are limited to 2 signs per religious facility.
Section 9-4.2306 – Residential Zones: New Subdivisions. In the case of a new subdivision, the following signs are permitted: 2 advertising signs, 1 subdivision sign, and up to 2 additional signs after the final subdivision map is recorded. The total area cannot exceed 150 square feet and cannot exceed 18 feet in height. The signs may remain up to 18 months from the date the final map is recorded.
Section 9-4.2308 – Commercial and Industrial Zones. Allows on-site advertising signs affixed to a building up to 300 square feet or an additional 50 square feet where a shopping center contains a major tenant, subject to approval by the Planning Commission. In the C-O zone, total sign area permitted is limited to 100 square feet and may advertise only the business conducted. In the C-1 and C-2 zones, freestanding monument signs up to 32 square feet are permitted with a permit.
Section 9-4.2309 – Commercial and Industrial Zones – General Requirements. Banners, pennants, and captive balloons are deemed temporary advertising signs and limited to 4 special events per year up to 10 consecutive days. Auto Mall events are permitted an additional 2 special events. Grand opening events are allowed one time and limited to 30 consecutive days. Banners for these temporary events are limited to 60 square feet, except it may be up to 90 square feet in the Auto Mall.
Although the existing Sign Regulations set forth specific regulations for specific types of signs based on content, that is no longer permissible under case law. Therefore, the Message Substitution Policy authorizes any non-commercial speech, regardless of content, to be placed in accordance with any of the other commercial and non-commercial regulations.
In addition to case law changes regarding signs, the City’s upcoming Comprehensive General Plan will also impact the existing Sign Regulations. The General Plan will include new land use categories, goals, and policies that don’t exist in the current General Plan such as MixedUse Low and Commercial Town land use designations. These land use categories were endorsed by the City Council in 2020 when it endorsed the revised land use map.
Once the Comprehensive General Plan is adopted, the City’s Zoning/Development Code will need to be amended to reflect these new land use designations, goals, Item No.13B
Sign Regulations Update
March 14, 2023
5 5
3 and policies and ensure consistency with the General Plan. These amendments will include revisions to development type, design, uses, and other architectural/aesthetic design criteria. Given that signs are an integral component to development projects, sign regulations will have to be modified to ensure consistency with these new development standards.
Significant changes in First Amendment law impacts the ability of government to regulate signs. In addition, the City is finalizing its Comprehensive General Plan Update, which will set forth new land use categories and goals and policies. After the General Plan is adopted, staff will update its Zoning/Development Code to conform to the General Plan. It would be appropriate at that time to consider comprehensively updating the City’s Sign Regulations in order to ensure consistency. If City Council desires to comprehensively update the Sign Regulations to conform to case law and new development standards consistent with the new General Plan, staff recommends that the following are considerations for these revisions:
1. Ensure that commercial sign regulations are not more permissive than those for non-commercial signs.
2. Reduce the number of sign categories.
3. Draft regulations based on new land use/zoning categories.
4. Make clear distinctions between commercial and non-commercial signs without considering content.
5. Make clear distinctions between permanent and temporary signs without considering content.
6. Define the locations where signs may be placed.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
Attachments:
Item No.13B
Sign Regulations Update
March 14, 2023
5 5
3 Attachment #1 – Sign Regulations (TOMC Title 9, article 23) CAO:650-90\tmn\Legal Files\Sign Regulations Revisions
Item No.13B
Agenda Related Items - Meeting of March 14, 2023
Supplemental Packet Date: March 14, 2023
THOUSAND OAKS CITY COUNCIL
Supplemental
Information
Packet
Americans with Disabilities Act (ADA):
In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk Department at (805) 449-2151. Assisted listening devices are available at this meeting. Ask City Clerk st aff if you desire to use this device. Upon request, the agenda and documents in this agenda packet, can be made ava ilable in appropriate alternative formats to persons with a disability. Notification at least 48 hour s prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangement s can be made to provide accessibility to the meeting or service.
2:30 p.m.
Supplemental Information:
Any agenda related public documents received and distribut ed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. The Supplement al Packet is available for public inspection on the City’s website at toaks.org/agendas or by contacting the City Clerk Dept at (805) 449-2151 during normal busi- ness hours [main location pursuant to the Brown Act, G.C. 54957.5(2)].
Item No.13B
To: Andrew P. Powers, City Manager
From: Laura B. Maguire, City Clerk
Date: March 14, 2023
Subject: Item No. 11.A – City Council, Boards, Committees, and Commissions Meeting Procedures Revisions
The attached resolution was modified from the original submission to include background information on the request to rescind Resolution No. 2001-129 and an update to the Standards of Operation Section 1, Part E regarding letters to individual councilmembers.
As mentioned in the Staff Report, staf f recommends removing reference to and rescinding Resolution No. 2001-129 which discusses availability of contracts for review. This is obsolete as contracts are now regularly included in the posted agenda packet pursuant to the requirements of the Brown Act.
In addition, staff recommends memorializi ng the current practice of submitting letters sent to individual councilmembers into the City’s Customer Relationship Management System (CRMS) as appropriate.
CCD:610-10\cr\H:\COMMON\Council\StdsofOp\2023\031423 Mtg procedur es Staff Report Supplemental Memo.docx
1 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF THOUSAND OAKS
ESTABLISHING REVISED STANDARDS OF
OPERATION GOVERNING CONDUCT OF CITY
COUNCIL AND CITY STANDING COMMITTEES,
COMMISSIONS AND BOARDS AND
RESCINDING RESOLUTION NOS. 2001-129
AND 2011-066
WHEREAS, the successful operation of any public organization centers around established standards to define roles, responsibilities and expectations of the City Council, City Committees, Commissions, Boards and staff in operation of the organization; and
WHEREAS, the establishment and periodic review of standards by City Council will promote underst anding and trust among me mbers of City Council, Committees, Commissions, Boards and staff concerning roles, responsibilities and expectations for operation of the City; and
WHEREAS, establishment of m eeting rules and st andards will promote more efficient and equitable meetings.
NOW THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:
Section 1. Obsolete Prior Contra ct Distribution Standards. City Council Resolution No. 2001-129 is hereby rescinded and superseded by this Resolution.
Section 2. Superseded Prior Standards. City Council Resolution No. 2011- 066 is hereby rescinded and superseded by this Resolution.
STANDARDS OF OPERATION
Section 1. Role of Mayor/Chair.
A. It shall be the duty of the Mayor/C hair to preside at all meetings to preserve order and decorum. In the absence of the Mayor/Chair, it is the duty of the Mayor Pro Tem/Vice Chair to preside at all meetings.
ATTACHMENT #1
2 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
B. City Council/Committees, Comm issions, Boards will rely on Mayor/Chair to act in a manner that is welcoming to the public at all times, even under pressure or during controversial issues.
C. If the Mayor/Mayor Pro Tem is not available to represent City Council at a community event or meeting, Councilmembers will be available as back-up to assist with Mayor’s schedule.
D. Incoming requests addressed to City Council/Committees, Commissions, Boards as a whole are gener ally responded to by Mayor/Chair.
Response by Mayor/Chair will be submitted to full City Council/Committee, Commission, Board for information. Mail addressed to an individual Councilmember may be responded to by that Councilmember.
E. If City Council/Committee, Commission, Board members receive a letter individually addressed, member will send letter to staff to be entered into the Customer Relationship Management System (CRMS) and processed and responded via to through that system as appropriate.
F. Mayor/Chair will represent Cit y Council/Committee, Commission, Board position/policy even if their personal opinion or vote was different from majority.
Section 2. Press Relations.
A. City Council/Committee, Commission, Board member will be as accurate with the press as possible and will indicate the majority position of the City Council/Committee, Commission, Boar d. Personal opinions and comments may be expressed only if member clarifies that these statements do not represent the position of City Council /Committee, Commission, Board as a whole and it is their personal opinion.
B. As a courtesy, City Council/Committees/Commissions/Boards should have the opportunity to consider proposed new projects or suggested programs before presentation to the media. Committees/Commissions/Boards will seek City Council approval prior to establishing new projects or programs.
Section 3. Committee Assignments.
A. City Council will approve by moti on, at a City Counc il meeting, all assignments to Committees, Commissions, Boards.
B. The Mayor will make all appoin tments to City Council Committees, with concurrence of City Council.
3 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
C. Any attendance of a majority of City Council/Committee, Commission, Board members attending an open and noticed meeting of 1) another body of the local agency, 2) a legislative body of anot her local agency, or 3) a standing committee of the legislative body, shall abide by the Brown Act.
D. Correspondence for Subcommittees should be addressed to full City Council/Committees, Commissions, Boards to determine if item should be reviewed by Subcommittee. This could include questions, suggestions, background information, discussion areas and other related issues.
Section 4. City Council and Committee, Commission, Board Member Presentations at Other Agencies and Groups.
A. If a City Council/Committee, Co mmission, Board member represents the City before another governmental agency or organization, the member will indicate the majority position of the City Council/Committee, Commission, Board.
Personal opinions and comments may be expr essed only if member clarifies that these statements do not r epresent the position of City Council/Committee, Commission, Board as a whole and it is their personal opinion.
Section 5. City Council/Committee, Commission, Board Relationships with City Staff.
A. City staff acknowledges that City Council is City’s policy maker and City Council acknowledges that staff adm inisters City Council policies. City Council is the overall policy body with the City Manager responsible for administration of Cit y Departments. The overall in ternal administration by City Manager is necessary in order to assu re efficient and economic operations of various departments per City Council direction. The practices of each department are subject to review and approval by City Manager. Staff and City Council will work in a positive and professional relationship.
B. The City Council wi ll provide direction to staff through City Manager or designee on all new and/or major issues. A City C ouncil/Committee, Commission, Board member will not direct st aff to initiate any action or prepare any report. City Councilmembers will not initiate any project or study without approval of majority of City Council. Committee, Commission, Board members will not initiate any projects outside their purview or beyond what has been assigned or approved by the City Council.
D. A City Councilmember will not attempt to coerce or influence staff in the making of appointments, awarding of c ontracts, selection of consultants, processing of development applications, filing or dismissing code enforcement prosecutions or granting City licenses or permits.
4 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
E. Public inquiries on technical matters received from constituents of City Council/Committee, Commission Board member should be referred to the City Manager or staff liaison for response or explanation.
F. Once a decision is reached by City Council or City Council has ratified recommendations of Planning Co mmission, or other City Committees, Commissions, Boards, it will be accepted, supported and implemented by staff with due respect to legal requirements and limitations.
G. With regard to major criminal, traf fic, fire, natural disasters, and other emergencies, the Police Department (S heriff’s Department) will notify the City Manager who will subsequently notify all Councilmembers.
H. In public session, City Council/Committee, Commission, Board members should address all staff members ut ilizing Mr./Mrs./Ms., or title, rather than use of first names.
I. City Council and Committee, Commission, Board members are encouraged to request assigned City staff liaisons’ assistance in facilitating disputes, resolving miscommunications or potential crises. Individual City Council/Committee, Commission Board mem bers should contact staff prior to meetings to resolve any questions and/or allow staff time to investigate and report back at meeting.
CONDUCT OF MEETINGS
Section 1. City Council Meetings.
A. City Council meetings should be hel d at least twice each month, at such times fixed annually by resolution. Closed Sessions, when necessary, will typically be scheduled at the beginn ing of the agenda but may instead be scheduled at another time duri ng the regular meeting as necessary subject to outside party or City Council availability.
B. Public Comments, primarily to address items not on the agenda, will normally be heard before 6:45 p.m. If additional speakers for Public Comments remain at 6:45 p.m., remainder of speakers may be called at end of meeting at the discretion of the Mayor. Speakers wishing to address items on the agenda are to be encouraged to submit Speaker Card and speak at the time the item is opened for discussion. Speakers wishing to address a Public Hearing matter should only address the City Council duri ng the Public Hearing on the matter, so that their comments are part of the record and may be relied upon by the decision maker.
5 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
C. Administrative Reports that do not require signi ficant reporting and/or discussion for decision or are routine in nature will be placed on the Consent Calendar.
D. Every effort will be made for meeti ngs to conclude by 11:00 p.m. If City Council desires to proceed past 11:00 p.m., the City Council should determine which issues will be completed at that meeting and which items will be continued to a future meeting. Majority City Council concurrence or a motion should be made approving such course of action. Pursuant to the Municipal Code, City Council may continue past midnight upon affirmative vote of the majority.
E. Typically, up to two ceremonial items such as commendations, proclamations, and special presentations will be handled per City Council meeting, during the Special Presentat ion section of the City C ouncil meeting (number of presentations may be increased for specia l circumstances, i.e., due to need for timely presentation).
Section 2. Committees, Commissions, Boards.
A. Regular meetings of City Council appointed Committees, Commissions, Boards, shall be open to the public and agendas posted pursuant to the Brown Act. Committee, Commission , Board meetings shall be held as identified in each respective City Council adopted Committee, Commission, Board establishing Resolution or subsequent Resolutions. Meetings shall not be held during the month of August unless deemed nec essary by majority of members.
Records of all meetings shall be public information.
B. A majority of members of a Committee, Commission, Board, regardless of vacancies, shall constitute a quorum, and a simple majority of those present shall be required to pass a motion unless otherwise required by law or the Municipal Code. If there is no quorum (i.e., if determined prior to meeting or if no quorum within 15 minutes beyond meeting start time, or if member leaving during meeting results in lack of quorum), meeting shall be canceled or adjourned for lack of a quorum. The conduct of meetings sh all be governed by Mason's Manual of Legislative Procedure, as adopted by City Council.
C. Member must be present (in per son) to vote unless alternative means provided by the Brown Act are utilized.
6 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
Section 3. Addressing City Counc il/Committees, Commissions, Boards – General.
A. Although use of a speaker card is entirely voluntary, a public member wishing to address City Council/Committees, Commissions, Boards should fill out a Public Speaker Card and submit Card to City Clerk/designee or assigned staff liaison, or by electronic means if partici pating remotely, before item is opened for discussion. Speaker cards are available for use when the meeting room is opened to the public prior to start of the meeting and not available for use prior to that time.
For remote participants, speaker cards ar e available for use via the electronic agenda as soon as the agenda is posted.
B. Committees, Commissions, Boards: Speaker guidelines consistent with City Council guidelines should be adopt ed to maintain consistent practice among all City Committees, Commissions and Boards. Refer to City Council Guidelines for Public Input Resolution.
C. When called, speak er may state name or identifier and community of residence for the record and state opini on on matter. To expedite matters and avoid repetitious presentations, whenever a formalized group wishes to address a Committee, Commission, Board on the same subject, the Chair may request that a spokesperson be selected on behalf of pers ons who are present at meeting in lieu of and on behalf of individual speakers. A spec ific time limit may be set for total presentation.
D. Although any member of the public has the right to criticize City policies, procedures, programs, services, or actions, remarks should be limited to matters related to jurisdiction of City Council/Committee, Commission, or Board.
E. Derogatory/slanderous personal re marks toward any individual are disruptive and should not be allowed.
F. All remarks by speakers should be addressed to the City Council/Committee, Commission, Board as a whole, not to individual members, staff, the audience, or directly to television cameras.
G. All questions of st aff or City Council/Committee, Commission, Board shall be directed to the Mayor/Chair. The Mayor/Chair will then decide if a question is appropriate and who shall respond.
H. Any issues that do not appe ar on the Agenda can have no discussion/action unless an exception ex ists under the Brown Act and may be referred to the City Manager/assigned staff lia ison for administrative action or to be scheduled on a subsequent agenda.
7 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
I. Written Statement Cards are encouraged at the meeting, and will be accepted on any agenda item. Written Statement cards are available for use when the meeting room is opened to the public prior to star t of the meeting and not available for use prior to that time. For remote participants, written statement cards are available for use via the electronic agenda or may be sent via email.
J. Advanced submission of wr itten comments is encouraged. Staff liaisons will distribute any comments rece ived in advance of meetings to City Council/Committee, Commission, Board members as appropriate.
K. City Clerk staff shall post first City Council agenda supplemental packet in conjunction with agenda packet electroni cally on the website in its entirety including e-mails/correspondence from the public which may include e-mail and/or personal addresses. Subseque nt supplemental packets in its entirety shall be posted electronically on the website as time is available, which may occur immediately following the m eeting. All supplemental packets are available for review in hard copy at designated areas including, but not limited to, the City Clerk Department and City Council Chambers at the time of the City Council meeting.
L. Any public written correspondence or other materials received at a meeting will be documented with receipt date (by assigned st aff) with distribution indicated. To ensure pr oper handling, written materials should be handed to the City Clerk or secretary of the Committee, Commission, Board, staffing the meeting.
If staff does not receive copy of written submittal, the materials or information may not be considered to have been received or acted upon by the legislative body.
Speakers are requested to provide suffici ent number of copies of any written materials that are introduced for submittal at the meeting for distribution to each member and assigned staff. For City Council meetings, the original and a minimum of eight copies are required fo r distribution (City Council, City Manager, City Attorney, Staff). Written or other materials received in advance will be routed through assigned staff as part of agenda or supplemental informational packets.
M. The rules set forth are not the sole or exclusive rules governing meetings of City Council/Committees, Commissions, Boards and do not limit the general legal authority of City Council/Committees, Commissions, Boards or the Mayor/Chair to govern conduct of meetings. Any deviation from these guidelines does not limit or affect the jurisdicti on, power or final decision of the City Council/Committees, Commissions, Boards on any decision, permit or entitlement.
Section 4. Public Comments - Items of City Business.
A. City Council: City Council has establishe d separate “Guidelines for Public Input at City Council Meetings” Resolution.
8 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
B. Committees, Commissions, Boards : Presentations under Public Comments are limited to items within the subject matter jurisdiction of the particular Committee, Commission or Board. The Chair may provide feedback to assist any speaker from straying into areas over which the Committee, Commission, Board has no jurisdiction. All attendees who sp eak on items that ar e within applicable jurisdiction and not on the Agenda must address the Committee, Commission, Board during the Public Comments portion of agenda.
Section 5. Public Hearings.
A. City Council: City Council has es tablished Public Hearing speaker guidelines in the “Guidelines for Public Input at City Council Meetings” Resolution.
B. City Council Public Hearings will be scheduled at the advertised time of 6:00 p.m. As a guide, no more than two Public Hearings, excluding perfunctory hearings, per meeting will be scheduled. Committee, Commission, Board Public Hearings may be held at a scheduled ti me as confirmed or based on meeting times.
C. Citizens who wish to address t he legislative body during Public Hearings shall submit a Public Speaker card before the Public Hearing is opened.
D. When a Public Hearing is closed for an entitlement, City Council/Committee, Commission, Board me mbers only discuss the issues; other than procedural matters, staff discu ssion is not appropriate. If City Council/Committee, Commission, Board members wish to ask substantive questions of staff, the public hearing should be reopened allowing applicant to also comment.
E. City Council/Planning Commissi on: A project or entitlement applicant/appellant, or designated representa tive of such person or entity, shall have such time necessary for a fair and reasonable oral presentation or testimony in connection with the noticed Public Heari ng item. Oral presentations by the applicant/appellant or their representatives are limited to fifteen (15) minutes each, unless additional time is provided by Ma yor/Chair with a five minute rebuttal time for each.
Section 6. City Council: General.
A. Under the City Council Issues /Recommendations section of the agenda, City Councilmembers may request that an item be considered on a future agenda. Councilmembers shall submit initia l request in writing pursuant to the agenda scheduling calendar. The question of whether to agendize the matter and direct staff to prepare a report shall be voted by City Council. If a majority of City 9 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
Council supports the request, City Manager will determine when to place the item on a future agenda based on the time necessary to complete the research, staff workload considerations, and the effect on City Council established priorities.
B. City Policy requiring significant changes/proposed City Ordinances may be set for Public Hearing, even when not required by law as determined by the City Manager.
Section 7. General.
A. Any advisory recommendation from Committees, Commissions, Boards to City Council, incl uding the reasons for such recommendation, shall be rendered in written form prepared by and coordinated through assigned staff liaisons.
B. The City Council/Committee, Commission, Board member making a motion should restate the motion before the vote, if necessary, to clarify for public and staff.
C. City Council/Committee, Co mmission, Board members should refrain from debating with members of the public or staff at a meeting.
D. Any concerns by City Council/Committee, Commission, Board members regarding performance of City employees during public meetings should be privately directed to City Manager/staff liaisons.
Section 8. Disqualificati on for Conflict of Interest.
A. Any City Council/Committee, Commission, Board member who is disqualified from voting on a particular matt er by reason of a fi nancial Conflict of Interest shall disqualify themselves pursuant to State law.
Section 9. Litigation and Confidential Information
A. City Councilmembers will keep a ll written materials and verbal information provided to them on matters t hat are confidential under State law in complete confidence to ensure that the Cit y’s position is not compromised. No mention of information in these material s will be made to anyone other than City Councilmembers, City Attorney, City Manager or City Manager designee.
B. If City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claim or litigation, and/or employee negotiations, all contact with the other party will be the designated City 10 Item No.13B
CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
person(s) representing the City in the handling of the negotiations or litigation. A City Councilmember will not have any contact or discussion with the other party or its representative involved with the negotiation (unless formally appointed as spokesperson by City Council) during th is time and will not communicate any discussion conducted in closed sessions with any person.
PASSED AND ADOPTED this 14 th day of March, 2023, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks
ATTEST/CERTIFY:
___________________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:
Office of the City Attorney
___________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
____________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above. 11 Item No.13B
From: Conejo Climate <[email protected]>
Sent: Tuesday, March 14, 2023 9:48 AM
To: Kevin McNamee <[email protected]>; Al Adam <[email protected]>; Bob Engler <[email protected]>; Mikey Taylor <[email protected]>; David Newman <[email protected]>; City Clerk's Office <[email protected]>
Subject: Consent calendar item J and concerns over oak mortality CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Council Members and Honorable Mayor,
In reviewing agenda item J on the consent calendar for this week’s City Council meeting, we referenced the City’s Groundwater Management Plan (GMP) for the Conejo Valley Groundwater Basin (CVGB). The method by which the GMP outlines the minimum threshold (the quantitative value that represents the groundwater condition in each representative monitoring well site that, when exceeded, may cause an undesirable result), leaves us concerned about the long term viability of groundwater dependent species in the basin, including our precious oaks, and ultimately the sustainable yield of the Los Robles Greens Golf Course as well.
Under the Sustainable Groundwater Management Act (SGMA), priority basins, or over-drafted basins, are currently required to submit a Groundwater Sustainability Plan (GSP) to the state.
Thousand Oaks is not currently required to submit a GSP; however, as noted in the Groundwater Management Plan, the City anticipates having to do this in the future, therefore this plan subjects itself to the considerations set out in SGMA.
When setting sustainable management criteria for a basin, GSP’s must consider the beneficial uses and users of groundwater in their basin. Consideration of the potential effects on beneficial uses and users underpin the minimum thresholds. Groundwater dependent ecosystems (GDE’s), or species and habitats dependent upon groundwater to survive (such as riparian forests) are considered beneficial users under SGMA, thanks to the hard work of many environmental advocates in the state. Thousand Oaks actually recognizes this fact in its GMP, stating in Section 1.6.4 that beneficial users include “Environmental users of groundwater, including groundwater-dependent ecosystems (GDEs).” However, the minimum thresholds outlined in the GMP don’t adequately address significant and unreasonable impacts to these beneficial users–groundwater dependent ecosystems, due to chronic lowering of groundwater. We are also not convinced that enough research has been done on the presence of GDE’s in the CVGB.
Thousand Oaks’ GMP even suggested as much, stating “At this time, an assessment conducted by a licensed biologist has not been completed and no GDEs have been identified in the Basin.
An assessment will be completed if a GSP is prepared for the Basin.” However, the map (figure TO COUNCIL: 03/14/2023
AGENDA ITEM NO.: 10J
MEETING DATE: 03/14/2023
12 Item No.13B
2-26) presented in the GMP clearly identifies vegetation commonly associated with groundwater from the Natural Communities Commonly Associated with Groundwater (NCCAG) dataset.
Many of these polygons are Quercus lobata (valley oaks). According to this GDE guidance worksheet:
https://groundwaterresourcehub.org/public/uploads/pdfs/GDE_Guidance_Doc_Worksheet_1_5- 26-2021.pdf it seems a reasonable conclusion that these vegetation parcels shown on the NCCAG map are indeed connected to groundwater because they meet all of the following criteria: 1) The basin is an unconfined aquifer and this single aquifer is the principal aquifer of the basin, 2) Depth to groundwater for multiple years comes within 10-30 feet or shallower on average for at least two representative wells (well 1004 and well 1251), and 3) There is a spring located in the basin.
Although depth to groundwater in some representative wells is extremely shallow, the oak species that populate the CVGB have groundwater dependent considerations that extend beyond the 30 ft threshold. The Nature Conservancy’s guiding documentation on utilizing the NCCAG dataset states “A 30 ft depth-to-groundwater threshold, which is based on averaged global rooting depth data for phreatophytes [1], is relevant for most plants identified in the NC Dataset since most plants have a max rooting depth of less than 30 feet. However, it is important to note that deeper thresholds are necessary for other plants that have reported maximum root depths that exceed the averaged 30 feet threshold, such as valley oak (Quercus lobata). The Nature Conservancy advises that the reported max rooting depth for these deeper- rooted plants be used. For example, “a depth-to groundwater threshold of 80 feet should be used instead of the 30 ft threshold, when verifying whether valley oak polygons from the dataset are connected to groundwater."
The minimum thresholds in the Thousand Oaks GMP were calculated as 30 percent of the historical range for the last 50 years of elevations for each representative well, subtracted from the historical low reading at each well. The 1970, or 50-year data set was selected because this period represents groundwater levels after recovery was achieved in the 1960s. This leaves a minimum threshold well below the average rooting depth (up to 80 feet) of several oak species for two of these four representative wells. This means oaks could be dying before any signals are sent to pumpers that the basin is no longer in sustainable yield because our ecosystems are not a part of the "undesirable result" criteria.
Our recommendations are two fold: 1) That the city preemptively anticipate the future requirements of the SGMA and confirm the presence of GDE’s in the basin, and 2) That the GMP then incorporate mitigation of undesirable impacts to these GDE’s, including oak stands, in the further refinement of minimum thresholds, and thereby inform the sustainable yield of the basin with all beneficial users in mind.
As advocates for climate change adaptation and mitigation, we understand the need to ensure future water security and reduce reliance on imported water. That said, we must endeavour to do this in the most sustainable way possible to avoid unintended consequences and ensure a livable future for all of Conejo Valley's beneficial users of groundwater. It would be a shame if the city of Thousand Oaks lost multiple stands of valley oaks and coast live oaks simply because it was not yet required by law to protect them from excessive groundwater extraction. 13 Item No.13B
Thank you for considering our concerns as they relate to sustainable use of groundwater in the Conejo Valley Groundwater Basin.
Sincerely,
-Conejo Climate Coalition
14 Item No.13B
From: John Fonti <[email protected]>
Sent: Monday, March 13, 2023 10:16 AM
To: City Clerk's Office <[email protected]>
Cc: 'Tonewstip' <[email protected]>
Subject: March 14, 2023 City Council Agenda Item 10 K, Revised Water Shortage Declaration CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
March 14, 2023 City Council
Agenda Item 10 K, Revised Water Shortage Declaration
City Council,
How long are you going to continue these onerous drought restrictions? Wowee, we can now water lawns twice a week but all other restrictions remain in place! That’s ridiculous. They are discharging massive amounts of water out of Oroville Reservoir. 15,000 cfs vs typical 500 cfs. I think the drought is over. If you want to eliminate lawns then do so separately. In the meantime I need to wash my cars and paint my house. I can’t do that until I can use my power washer which is prohibited. My lawn is gon e and won’t be reseeded. Be bold and push back on Calleguas and MWD.
John Fonti
Thousand Oaks
TO COUNCIL: 03/14/2023
AGENDA ITEM NO.: 10K
MEETING DATE: 03/14/2023
15 Item No.13B
From: John Fonti <[email protected]>
Sent: Monday, March 13, 2023 8:58 AM
To: City Clerk's Office <[email protected]>
Cc: 'Tonewstip' <[email protected]>
Subject: City Council Mtg March 14, 2023, Agenda Item 11A CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
City Council Mtg March 14, 2023, Agenda Ite
m 11A
City Council,
I see you are considering adoption of the following:
CONDUCT OF MEETINGS
Section 1. City Council Meetings.
B. Public Comments, primarily to address items not on the agenda, will normally be heard before 6:45 p.m. If additional speakers for Public Comment s remain at 6:45 p.m., remainder of speakers may be called at end of meeting at the discretion of the Mayor. Speakers wishing to address items on the agenda are to be encouraged to submit Speaker Card and speak at the time the item is opened for discussion. Speakers wishing to address a Public H earing matter should only address the City Council during the Public Hearing on the matter, so that their comments are part of the record and may be relied upon by the decision maker.
Any public speaker who takes his valuable time to speak in Public Comments whether on an agenda item or not sh
ould be heard and not deferred until some later time such as the end of the meeting. Doing otherwise is completely disrespectful to the public who may not have the time to wait until 8, 9, 10 or 11 o’clock to speak at the Public H earing or at the end of the meeting for non‐agenda items. I’ve seen enough shenanigans over the years as to the manipulation of agenda items and extending show‐n‐tell/presentations in order to limit the number of public speakers. The initial resolution should never have been adopted in the first place and sh ould be completely eliminated now. Let the people speak. Is that too much to ask?
John Fonti
TO COUNCIL: 03/14/2023
AGENDA ITEM NO.: 11A
MEETING DATE: 03/14/2023
16 Item No.13B
From: John Fonti <[email protected]>
Sent: Monday, March 13, 2023 9:53 AM
To: City Clerk's Office <[email protected]>
Cc: 'Tonewstip' <[email protected]>
Subject: City Council Mtg March 14, 2023 Agenda Item 13B Sign Regulations Update CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
City Council Mtg March 14, 2023 Agenda Ite
m 13B Sign Regulations Update
City Council,
A few years ago I was advised that the city stopped enforcing its sign code while waiting for direction from Federal/State sources. It seems that the City Attorney’s office now just wants to keep kicking the can down the road. Nowhere does the staff
report say they need to wait any longer to amend the
code. Please tell the city attorney office to wrap it up. Give them a deadline to do so. Enough already. There is sign blight especially now that the covid emergency is over and real estate open houses are back. Signs are everywhere and not just on Sundays. Because the agents are so desperate for sales/leads they are conducting open houses all the time and putting their signs on public rights‐of‐ way and on 3rd party private property without permission. There is little, if any, code enforcement. Please fix it…..now.
John Fonti
Thousand Oaks
TO COUNCIL: 03/14/2023
AGENDA ITEM NO.: 13B
MEETING DATE: 03/14/2023
17 Item No.13B
ATTACHMENT #1
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
Item No.13B
CAO:650-90\tmn\Legal Files\Sign Regulations Revisions Att 1.pdf Item No.13B
TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
Laura B. Maguire, City Clerk
DATE:March 14, 2023
SUBJECT: Campaign Contribution Update
RECOMMENDATION:
1. Receive report regarding the City’s campaign contribution limits regulations and provide direction to staff regarding campaign contributions.
2. Find that this action is not a project as defined by the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
At the July 6, 2021, regular City Council meeting during the biennial campaign contribution update, and at the May 17, 2022, City Council Goals meeting, City Council requested staff agendize discussion of a possible re-evaluation of the $500 campaign finance base limit as outlined in the City’s Campaign Finance Ordinance.
The City adopted a local campaign finance reform ordinance in 1998. Pursuant to a City Council Top Priority goal for FY 2013-14, the entire ordinance was extensively reviewed and updated in the Fall of 2013 for consistency with State regulations and other revisions directed by City Council. The update included an increase of the campaign contribution base limit to $500 and directed that the $500 threshold be re-evaluated every five years.
Item No.13C
Campaign Contribution Update
March 14, 2023
Prior Limit Updates
Since adoption of the original campaign finance ordinance in 1998, the contribution limit has been reviewed/changed per the Consumer Price Index (CPI) as listed in the following table:
Year Amount
1999 $250
2001 No change
2003 $300
2006 $320
2008 $350
2010 $360
2012 $380
2013 $500
2015 $510
2017 $530
2019 $560
2021 $580
New Legislation
Recent legislation has also impacted campaign contribution limits for local elections. As of January 1, 2021, pursuant to Assembly Bill (AB) 571, the State campaign contribution limit applies by default to city candidates when the city has not already enacted laws addressing contribution limits. The current state campaign contribution limit is $5,500 per contributor, per election.
In addition, Senate Bill (SB) 1439 took effect January 1, 2023. SB 1439 extends the “Levine Act,” which is part of the Political Reform Act, to local elected officials. The new law prohibits city councilmembers from accepting, soliciting, or directing a campaign contribution of $250 or more if the donor is involved in a proceeding involving a license, permit, or other entitlement for use, including a contract award, that is pending before the agency. This prohibition continues for 12 months following the proceeding. Under SB 1439, city councilmembers shall also recuse themselves from any proceeding involving a license, permit, or other entitlement for use, including a contract award, if the member has received a campaign contribution from a person involved in the proceeding within the previous 12 months. The rule does not apply to labor contracts, personal employment contracts, or contracts that are competitively bid.
A recent Fair Political Practices Commission Opinion (Opinion) clarifies that SB 1439 affects contributions received after January 1, 2023. The Opinion also explains that SB 1439 provides a way for an elected official to remedy a situation Item No.13C
Campaign Contribution Update
March 14, 2023
where they would have to recuse themselves. The bill’s language provides a public official a period in which a contribution may be returned so the official is not inherently prohibited from taking part in a proceeding based on a contribution they received. Because an official who accepts a contribution may not anticipate it will disqualify them from a subsequent proceeding, the statute expressly provides the opportunity to return the contribution. However, this return period is limited to 30 days after having knowledge of the contribution and proceeding.
Campaign Contributions in Ventura County Cities
Staff polled the cities in Ventura County to determine which cities adopted campaign contribution ordinances and the amounts of their limits. The table below lists them in contribution limit amount order.
City Limit
Fillmore $250
Ventura (City) Voluntary Ceiling Expenditure limit is $46,000 with a single source contribution not to exceed $350 for the candidates accepting the voluntary expenditure limits. For those
candidates NOT accepting the voluntary expenditure limits, their single source contribution shall not exceed $175
Oxnard $500
Thousand Oaks $580
Simi Valley $1,000
Camarillo $5,500 (AB 571 State Limit)
Moorpark $5,500 (AB 571 State Limit)
Ojai $5,500 (AB 571 State Limit)
Port Hueneme $5,500 (AB 571 State Limit)
Santa Paula $5,500 (AB 571 State Limit)
About half of the cities have enacted their own local campaign contribution limits. In comparison to Thousand Oaks, one city, Simi Valley, has a higher contribution limit; and three cities, Fillmore, Oxnard, and Ventura, have lower limits. Ventura has a voluntary expenditure ceiling and contribution limits. If the candidate adopts the voluntary expenditure ceiling, the contribution limit increases. The remaining cities in the County follow state law which limits contributions to $5,500.
Upon review of the last seven elections in the City (2012, 2014, 2015, 2016, 2018, 2020, and 2022), the average amount of money raised was $36,225 and the average amount spent on a campaign was $36,075. During the 2016, 2018, 2020, and 2022 general municipal elections, staff did not receive any comments from candidates regarding the amount of the City’s campaign contributions limit.
Item No.13C
Campaign Contribution Update
March 14, 2023
DISCUSSION/ANALYSIS:
In the Fall of 2018, staff deferred the five-year re-evaluation process due to the November 2018 election and other pressing issues in the City. On September 24, 2019, City Council chose to maintain the $500 base limit and set the next re- evaluation for 2023.
Pursuant to Thousand Oaks Municipal Code (TOMC) § 1-13.03(a)(3) (Attachment #1), City Council shall adjust the contribution limits established in March of every odd-numbered year to reflect any increase or decrease in the California Consumer Price Index (CPI) since the last such adjustment of the contribution limit. Such adjustments shall be rounded to the nearest ten and no/100ths ($10.00) dollar amount.
The last adjustment to the campaign contribution limit was approved by City Council on July 6, 2021. For the 2021 update, staff calculated the new limit based on a 4.18 percent CPI from March 2021 representing the Los Angeles, Long Beach, and Anaheim Areas. This resulted in a $20 increase in the contribution limit from $560 to $580. Should City Council wish to maintain the $500 limit as the base limit, staff would again calculate any increase to the campaign contribution limit based on the March 2023 CPI for the Los Angeles, Long Beach, and Anaheim Areas. The U.S. Bureau of Labor Statistics will release the March CPI on March 14th, which would be brought to City Council later in 2023 for approval for the 2024 election cycle.
At this time, staff is requesting direction from City Council whether to continue with the $500 base limit or to set a new base limit for future elections. If City Council chooses to move forward with a new base limit, staff will return to City Council at a future meeting with the new ordinance for City Council’s approval.
Potential options for consideration include:
1. No change; continue to increase the limit pursuant to TOMC Section 1-
13.03(a)(3) based on CPI.
2. Increase the limit to a new figure that is not based on CPI.
3. Remove contribution limits from the City’s Ordinance and defer to the State limit.
4. Remove contribution limits from the City’s Ordinance and state that there is no contribution limit.
5. Change contribution limit to $249 to manage conflicts as outlined in SB 1439, but adjustable if amount in SB 1439 changes.
Item No.13C
Campaign Contribution Update
March 14, 2023
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
Attachments:
Attachment #1 – TOMC Contribution Limits & Disclosure Requirements CCD:630-10\lm\H:\COMMON\Elections\Local Camp Ord\2023\Campaign Contribution Update Staff Report.docx Item No.13C
Sec. 1-13.03. Contribution limitations.
(a) Limits on contributions by persons and committees.
(1) No person or committee shall make to any candidate, including the controlled committee of such candidate, and no such candidate or such 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 Five Hundred Eighty and no/100ths ($580.00) Dollars for any single election.
(2) Except for independent expenditure committees or other committees not controlled by the candidate, no person shall make to any committee, which supports or opposes any candidate or candidates for City Council, and no such committee shall accept from any such person a contribution or contributions totaling more than Five Hundred Eighty and no/100ths ($580.00) Dollars for any single election.
(3) The City Council shall adjust the contribution limits established in this subsection in March of every odd-numbered year to reflect any increase or decrease in the California Consumer Price Index since the last such adjustment of the contribution limit. Such adjustments shall be rounded to the nearest Ten and no/100ths ($10.00) Dollar amount. The base contribution limit will be re-evaluated every five years. (4) The limitations of this subsection 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.
(b) Restrictions on when contributions may be received. (1) No candidate, including the candidate's controlled committee, and no committee primarily formed to support or oppose any candidate or candidates for City Council, shall accept any contributions (including candidate's personal funds) more than six (6) calendar months prior to any election in which the candidate is attempting to be on the ballot or is a write- in candidate. In the case of a recall effort, the pre-election fund-raising period set forth in this subsection shall commence on the date a notice of intent to circulate a recall petition is served on the officer. (2) No candidate or the controlled committee of such candidate, and no committee primarily formed to support or oppose any candidate or candidates for City Council, shall accept any contributions (including candidate's personal funds) after the earlier of: (i) ninety (90) days after the date of their candidate's withdrawal as a candidate, defeat or date of the election; or (ii) the date on which outstanding bills or debts owed by the candidate or committee are paid in full. Contributions received during such ninety (90) day period shall be used only to pay outstanding bills or debts owed by the candidate or committee for that election.
(3) If, at the end of the period specified in Section 1-13.03(b)(2), there remains any unexpended balance in the campaign bank account of any such candidates or committees, such unexpended funds remaining in the account shall be disposed of by either returning the funds to contributors pro rata, turning such funds over to the General Fund of the City of Thousand Oaks, or donated to any bona fide charitable, educational, civic, religious, or similar tax exempt, nonprofit organization, where no substantial part of the proceeds will have a material financial effect on the former candidate or elected officer, any member of his or her immediate family, or his or her campaign treasurer. Under no circumstances shall such unexpended funds be redesignated or used for any future election other than the election for which the funds were contributed. (c) Limitations on loans. Any loan or extension of credit for a period of more than sixty (60) days, other than loans to the candidate from commercial lending institutions without a guarantor made in the regular course of business on the same terms available to members of the public, shall be considered a contribution from the maker and/or guarantor of the loan or the creditor, and shall be subject to all applicable contribution limits. (d) Anonymous contributions. No person shall make to any candidate for City Council or the candidate's controlled committee, or to any committee that supports or opposes any such candidate or candidates, and no such candidate or committee shall solicit or accept, any anonymous contribution that exceeds Twenty-five and no/100ths ($25.00) Dollars. (e) Cash contributions. No person shall make to any candidate for City Council or such candidate's controlled committee, or to any committee that supports or opposes any such candidate or candidates, and no such candidate or committee shall solicit or accept a cash contribution that exceeds Twenty-five and no/100ths ($25.00) Dollars. No contribution that causes the total amount contributed by the donor to the recipient to exceed Twenty-five and no/100ths ($25.00) Dollars, other than an in-kind contribution as defined by the Political Reform Act, shall be accepted or made unless it is made by written instrument, or by electronic transaction approved by the Fair Political Practices Commission, containing the name of the donor and the name of the payee.
(f) Assumed name contributions. No contribution shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons. No person shall make a contribution in his or her name of anything belonging to another person or received from another person on the condition that it be used as a contribution. Upon discovery by a candidate for elective office, or his or her campaign treasurer or committee, or ballot measure committee, that a contribution has been received in violation of this subsection, the amount received in violation of this subsection shall be promptly paid from available campaign funds to the Treasurer of the City for deposit in the General Fund of the City, and shall not be used to benefit any candidate or committee.
(g) Local aggregate contribution limit. No person shall contribute more than the local aggregate contribution limit to all ATTACHMENT #1
Item No.13C
candidates for the City Council and their controlled committees. For the purpose of this subsection, the local aggregate contribution limit shall be calculated by multiplying Five Hundred Eighty and no/100ths ($580.00) dollars by the number of members of the City Council to be elected at that election and adding Five Hundred Eighty and no/100ths ($580.00) Dollars to the resulting amount.
(h) Family contributions. Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated. Contributions by children under eighteen (18) years of age shall be treated as contributions by their parents and attributed one-half (1/2) to each parent or the total amount to a single custodial parent. (i) Aggregation of contributions. For purposes of determining when contributions are aggregated: “Entity” means any person, other than an individual; “Majority owned” means an ownership of more than fifty percent. (1) The contributions of an entity whose contributions are directed and controlled by any individual shall be aggregated with contributions made by that individual and any other entity whose contributions are directed and controlled by the same individual;
(2) If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated;
(3) Contributions made by entities that are majority owned by any person shall be aggregated with the contributions of the majority owner and all other entities majority owned by that person, unless those entities act independently in their decision to make contributions.
(§ 3, Ord. 1592-NS, eff. December 21, 2013; § 1, Ord. 1609-NS, eff. October 16, 2015; § 1, Ord. 1635-NS, eff. December 29, 2017; Ord. 1666-NS, eff. December 6, 2019; Ord. 1687-NS, eff. October 1, 2021) CCD:630-10\lm\H:\COMMON\Elections\Local Camp Ord\2023\Campaign Contribution Update Attachment.pdf Item No.13C