Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO:
FROM:
FOR:
SUBJECT:
Honorable Mayor and City Council
Ana V. Sauseda, Director of General Services/City Clerk City Council Meeting of March 11,,2024
Second Reading of Ordinance No. 440
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 440, an Ordinance of the City Council of the City of Yucaipa, California, Adding Section 1.08.070 to the Yucaipa Municipal Code Establishing No Campaign Contribution Limits.
Attachment:
l. Ordinance No . 440
Approved By:
ATTACHMENT I
ORDINANCE NO. 440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDTNG SECTION 1.08.070 TO THE YUCAIPA
MUNICIPAL CODE ESTABLISHING NO CAMPAIGN CONTRIBUTION
LIMITS
WHEREAS, the Political Reform Act of 1974 (the "Act"), codified at Govemment Code Section 81000, et seq., was amended by the voters in 1988 to impose contribution limitations for statewide offices, and authorized local jurisdictions to enact contribution limits or other prohibitions; and WHEREAS, in 2019, the State Legislature amended the Act to impose contribution limits on local elective offices in jurisdictions that have not enacted their own contribution limits with the passage ofAssembly Bill ("AB") 571; and
WHEREAS, AB 571 imposes default campaign contribution limits upon cities beginning in January 1,202I;and
WHEREAS, the City of Yucaipa currently does not have campaign contribution limits; and WHEREAS, Government Code Section 85702.5(a) authorizes a City to set any local campaign contribution limit by ordinance; and
WHEREAS, it is the intent of the City Council that this Ordinance impose no limit on campaign contributions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIF'ORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section l. The above recitals are true and correct and incorporated herein.
Section 2. That Chapter 1.08 Elections shall be amended to add Section 1.08.070 as follows:
Section1.08.070 ClnapalcnCoxrnteurtonLtulrs
(a) The terms used in this Ordinance shall have the same definitions as specified in the Political Reform Act of 1974 (the'oAct"), as amended from time to time, and Regulations of the Fair Political Practices Commission (the "FPPC Regulations"), as amended from time to time. (b) Campaign Contribution Limits. The City Council of the City of Yucaipa hereby imposes no limit on campaign contributions that a City Council candidate or candidate's committee may receive per election from any single source.
(c) Campaign Fund Transfers. Candidates may transfer non-surplus campaign funds from one controlled committee to another committee controlled by the same candidate for the same or a different local elective office in the City of Yucaipa and may carry over non-surplus campaign Page I of 2
funds raised in connection with one municipal election to pay fbr campaign expenditures incurred in connection with a subsequent municipal election without attributing, or being subject to the campaign contribution limit, or using the "last in, first out" or "first in, first out" accounting method. Candidates for local elective office in the City of Yucaipa do not need to establish a separate campaign bank account for redesignated committees for the same or a different City of Yucaipa local elective office. In all other aspects, the Act and FPPC Regulations related to campaign fund transfers shall apply.
Section 3. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective ofthe fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.
Section 4. Publication. The City Clerk shall cause this Ordinance to be published or posted in accordance with California law.
Section 5. Effective Date. This Ordinance shall take effect thirty days after its adoption.
PASSED, APPROVED and ADOPTED this I lth day of March, 2024.
Justin Beaver, Mayor
ATTEST:APPROVED AS TO FORM
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Steven Graham, City Attorney