Item 3.1 - Visual slideshow presented by Staff at MeetingRutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Agenda Item 3.1
Poway Municipal Code Update
Chapters 2.24, 2.28 13.20 & 17.40
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Chapter 13.20 (Airports)
•Delete in its entirety
•City contains no airports, nor
would an airport be permitted
2
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Chapter 2.28 (Campaign Contributions and
Expenditures)
•Proposed amendments are the result of a staff initiated process
(City Clerk and City Attorney)
•Goals:
–Compliance and consistency with state law (the Political Reform Act), and
increased reliance on the expert state agency (FPPC) to enforce the rules
–Elimination of duplicative work for the Clerk’s Office and unnecessary
expense
–Update contribution limits consistent with inflation, and modernize rules
regarding payment methods and bank accounts
–Streamline the reporting process for candidates by eliminating duplicative
and confusing paperwork requirements
3
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Political Contribution Limits
(§2.28.030)
4
•Contribution limits are currently $100, unchanged since 1981
•Staff recommends amending to $250, which is less than inflation
over the same period
•State law does not impose any contribution limits
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Contribution and Expenditure Reporting
Requirements
(§§2.28.060 & 2.28.070)
5
•Eliminate unique reporting requirements, which require reporting when
a cumulative amount of $200 is spent or received, and instead rely on
the $2,000 cumulative threshold set forth in state law
•These amendments will:
–Reduce paperwork required from candidates and processing by City
Clerk
–Allow the FPPC to enforce the rules instead of the City
–Eliminate duplicative requirements regarding the content of
campaign statements already required by state law (i.e., a sworn
declaration)
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Independent Expenditure Reporting
(§2.28.040)
•Delete provision duplicative of state law regarding
identification (i.e., disclaimers on campaign advertisements)
and reporting of expenditures by independent committees
•Rely on compliance with state law and enforcement by FPPC
•State law reporting threshold for independent expenditures is
$1,000, current City threshold is $200
6
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Campaign and Officeholder Accounts
(§§2.28.050 & 2.28.140)
Delete applicable provisions so that:
•Candidates are not required to provide the City Clerk with
access to campaign accounts (Clerk’s Office does not
currently access accounts)
•Officeholder accounts are permitted
•Allow campaign expenditures to be made by credit card
•Eliminate onerous rules regarding rapid disbursement of
surplus funds in campaign account following an election
7
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Enforcement and Fines
8
•The amendments would result in the City largely relying on the
FPPC for investigation and enforcement
–No cost to the City
–Impartial, expert regulatory agency charged with enforcing the Political
Reform Act
•Allow City Attorney to prosecute violations of Chapter 2.28
that are unique to the City, in the same way any other
provisions of the PMC are enforced
•$10 per day mandatory fines for late filings
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Temporary Signs
§17.40.090(D)
•Intent of existing ordinance is to
allow campaign signs on private
property but reduce the clutter of
signs along roadways often seen
during elections
•Currently, no signs are permitted
within the public right-of-way (or
on any other public property)
9
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Temporary Signs
17.40.090(D)
•The existing rule prohibiting signs in the public right-of-way was
implemented during the 2018 election
•Unintended consequence –prevented individuals from placing
signs on areas of their yards that extend into the right-of-way
•Difficult to enforce, requiring Code Compliance staff to
repeatedly measure right-of-way in various areas
–Numerous complaints and repeat violators
10
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com
Temporary Signs
§17.40.090(D)
Proposed Amendments:
•Allow campaign signs on privately maintained
improvements located within the public right-of-way in
single family residential zones
•Require permission to place sign on private property
•In the case of serial violators, allow the City to temporarily
hold signs for 15 days
11
Rutan & Tucker, LLP | 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 | 714-641-5100 | www.rutan.com 12
QUESTIONS?