NOTICE AND AGENDA
CITY OF UNION CITY
CITY COUNCIL
SPECIAL MEETING
Tuesday, February 27, 2024
6:30 PM
Council Chambers, 34009 Alvarado-Niles Road, Union City, CA 94587
1. CALL TO ORDER
2. ORAL COMMUNICATIONS - Comments limited to items on the Special Meeting Agenda
3. CITY MANAGER REPORTS
3.a. Receive Report Regarding Campaign Contribution Limits And Provide Further Direction
4. ADJOURNMENT
/s/ Carol Dutra-Vernaci
Carol Dutra Vernaci
Mayor
Agenda Item
DATE: 2/27/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: RECEIVE REPORT REGARDING CAMPAIGN CONTRIBUTION LIMITS
AND PROVIDE FURTHER DIRECTION
At the City Council meeting on February 13, a majority of the City Councilexpressed an interest in further discussing a potential revision to the City’s campaign contribution limit and asked staff to agendize a discussion regarding the same.
As a result of that direction, staff and the City Attorney’s Office recommends that the City Council receive this report regarding the City’s existing campaign contribution limits and provide further direction regarding a potentialamendment to the Union City Municipal Code to adjust the limit for campaign contributions or provide other direction as sought by the Council.
BACKGROUND
The City’s campaign contribution limit is established in Chapter 2.06, Campaign Contribution Limitations in Municipal Elections, of the Union City Municipal Code (the “Campaign Contribution Ordinance”). The City Council first adopted the Campaign Contribution Ordinance on September 13, 1994 (see Attachment 1, Ordinance No. 441-94). The initialcampaign contribution limit was set at $500 for any election.
Approximately 11 years later, the City Councilamended the Campaign Contribution Ordinance on September 27, 2005 (see Attachment 2, Ordinance No. 658-05) to increase the campaign contribution limit to $600. The City Council last amended the Campaign Contribution Ordinance on May 27, 2014 (see Attachment 3, Ordinance No. 795-14), approximately 10 years ago, to increase the campaign contribution limit to $720.
DISCUSSION
Assembly Bill 571
Pursuant to Assembly Bill 571, effective January 1, 2021, state law applies a default campaign contribution limit to city and county candidates when the city or county has not already enacted a contribution limit. That contribution limit is set at $5,500 for 2023-2024. Cities are free to, by ordinance, set a higher or lower limit or establish no limit at all.
City Campaign Contribution Limits in Alameda County
The FPPC has provided a repository of allcities and counties within California that have established their own contribution limit ordinances (https://www.fppc.ca.gov/learn/Contribution-Limits-City-and-CountyCandidates.html). A review of the FPPC’s repository reveals localcampaign contribution limits for the following Alameda County cities:
• Oakland: $600. (Oakland Municipal Code Section 3.12.050). The limit is adjusted bi-annually based on the Consumer Price Index beginning in 2025.
• Hayward: Hayward has two campaign contribution limits. If a candidate chooses to accept the voluntary expenditure limit, the campaign contribution limit is $1,699. If a candidate does not accept the voluntary expenditure limit, the campaign contribution limit is $393. The voluntary expenditure limit is $86,706. These limits are adjusted annually. (Hayward Municipal Code Chapter 2, Article 13). In Hayward, the limits established are adjusted annually based on the Consumer Price Index. • Dublin: $500. (Dublin Municipal Code Chapter 2.28).
• Fremont: $640. (Fremont Municipal Code Chapter 2.30). The limit is increased based on the Consumer Price Index biennially by the City Clerk.
• Berkeley: $250. (Berkeley Municipal Code Section 2.12.415). The limit is adjusted for cost of living in January of every odd-numbered year.
Summary of Prior Campaign Contribution Limits in Union City • 1994: $500
• 2004: $600
• 2014: $720
The last two increases to the contribution limits were 20% increases. The City Council is free to leave the contribution limit as-is or adjust it in any amount. A further 20% increase would bring the contribution limit $864.
FISCAL IMPACT
There is no direct fiscal impact from receiving this report.
RECOMMENDATION
Staff recommends that the City Council receive this report regarding the City’s existing campaign contribution limits and provide further direction regarding a potentialamendment to the Union City Municipal Code to adjust the limit for campaign contributions or provide other direction.
Prepared by:
Juliet Vaughn, Attorney
Submitted by:
Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:
Description Type
Attachment 1 Attachment
A
ttachment2Attachment
Attachment3Attachment
Item3.a. PowerpointAttachment
CITY COUNCIL MEETING
February 27, 2024
CAMPAIGN CONTRIBUTIONS LIMITS
City Council
February 27, 2024
3 Background
• City Council provided direction to agendize discussion regarding campaign contribution limits on February 13
• Union City Municipal Code Chapter 2.06 adopted by the City Council on September 13, 1994.
• City Council has increased contribution limits by 20% twice in 2005 and in 2014. 4 History of Limit and Increases
• September 13, 1994: $500.• September 27, 2005: 20% increase to $600. • May 27, 2014: 20% increase to $720. 5 State Law and Other Alameda County Cities
• State Law: $5,500. • Hayward: Limit of $315 if the candidate does not accept voluntary expenditure limits, and $1295 for those who do accept the voluntary expenditure limits. • Fremont: $640 (adjusted biennially based on CPI).• Dublin: $500. • Berkeley: $250 (adjusted for cost of living in January of odd-numbered years). • Oakland: $600 (adjusted for CPI beginning January 2025 and every odd year thereafter). 6 Recommendation
Provide further direction regarding potential revisions to the Campaign Contribution Ordinance.