Loading...
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?