CCMIN 04202021 - Laserfiche WebLink

PUBLIC HEARINGS AND OTHER MATTERS 20. Consider introduction and waive first reading of an ordinance adopting a voluntary campaign contribution limit of $1,000 per person and reduce the voluntary campaign expenditure limit to $15,000 for a council member candidate and $25,000 for a mayoral candidate by amending Municipal Code Chapter 1.22 Assistant City Attorney Larissa Seto reported City Council at its last meeting provided direction to staff regarding Assembly Bill 571 which sets campaign finance limits for local elections. She reported City Council directed staff to return with a voluntary contribution limit of $1,000 which is lower than the State limits and to mirror State laws for the definition of "person" and "contribution." She advised the limit would apply cumulatively to both the candidate individually and any committees controlled by the candidate. Assistant City Attorney Seto advised any unspent funds raised for one election roll over to the next election cycle but count against some of the contributors mirroring the State's "last in, first out" or "first in, first out" rules. She reported the Fair Political Practices Commission (FPPC) considered the issue last week and in a supplemental memorandum stated contributions received before January 1, 2021, will not count towards the new State limit. She advised staff is proposing applying this guideline to Pleasanton's proposed voluntary limits. Assistant City Attorney Seto explained staff will not be enforcing the voluntary limits but noted candidates will be asked to verify they are meeting the City's limits when filing campaign statements. She advised candidates would be required to meet the State's higher contribution limits as enforced by the FPPC. Assistant City Attorney Seto reported staff was also directed to adjust the City's 2008 voluntary expenditure limit of $1 per voter with an inflation adjustment and noted no candidate exceeded the $55,000 sum. She reported City Council direction received by staff in March was to set a limit of $15,000 for a City Council candidate and $25,000 for a mayoral candidate with no future inflation adjustments. She noted the current code defines an election period as January 1 to December 31 of the calendar year of a general election. She advised the period for a special election extended from the date the City Council calls for the special election until 60 days after the special election. She explained the procedures for voluntary expenditure limit reporting would be the same as for the voluntary contribution limit. In response to Councilmember Balch's inquiries, Assistant City Attorney Seto advised the State's two- year adjustments to the $4,900 limit would be based upon inflation. She clarified the current ordinance is for an election period so if someone makes expenditures in an off year, those would not count towards the limit. She confirmed both City Council and mayoral candidates are seeking the same voters because Pleasanton has a non-districted City-wide election for all seats. In response to Councilmember Balch's inquiry, City Clerk Karen Diaz confirmed the filing fees are the same for either a City Council or mayoral candidate. In response to Councilmember Balch's inquiry, Assistant City Attorney Seto clarified none of the definitions of expenditure are changing. In response to Councilmember Balch's inquiry, City Clerk Karen Diaz confirmed there will be no change to the current ability for a candidate to pay their filing fees directly therefore it will not count against the expenditure limit. In response to Councilmember Balch's inquiry, Assistant City Attorney Seto clarified the limits are for every election period whether it is a two-year mayoral cycle or a four-year City Council cycle. She City Council Minutes Page 4 of 15 April 20, 2021