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HomeMy WebLinkAbout08-05-2020 Study Session Agenda Packet CITY OF SAN BERNARDINO AGENDA F OR THE S PECIAL M EETING OF THE M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, AND M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY WEDNESDAY, AUGUST 5, 2020 4:00 PM STUDY SESSION W EB-C ONFERENCE V IA Z OOM WWW.SBCITY.ORG IMPORTANT COVID-19 NOTICE IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19 (CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL DISTANCING, THE MAYOR & CITY COUNCIL MEETING WILL NOT BE OPEN TO PUBLIC ATTENDANCE. THE CITY OF SAN BERNARDINO ENCOURAGES THE PUBLIC TO VIEW THIS MAYOR & CITY COUNCIL MEETING ON TELEVISION OR ONLINE. 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IF YOU HAVE ANY QUESTIONS PLEASE CALL THE -384-5002. http://edocs.sbcity.org/WebLink/Browse.aspx?id=4077891&dbid=0&repo=SB Special Meeting Agenda August 5, 2020 John Valdivia Theodore Sanchez James Mulvihill M AYOR M AYOR P RO-T EM, W ARD 1 C OUNCIL M EMBER, W ARD 7 Sandra Ibarra Teri Ledoux C OUNCIL M EMBER, W ARD 2 C ITY M ANAGER Juan Figueroa Sonia Carvalho C OUNCIL M EMBER, W ARD 3 C ITY A TTORNEY Fred Shorett Genoveva Rocha C OUNCIL M EMBER, W ARD 4 A CTING C ITY C LERK Henry Nickel C OUNCIL M EMBER, W ARD 5 Bessine L. Richard C OUNCIL M EMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Please contact the -5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o going to www.sbcity.org. CALL TO ORDER Attendee Name Present Absent Late Arrived Mayor Pro-Tem, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 James Mulvihill Mayor John Valdivia Acting City Clerk Genoveva Rocha City Attorney Sonia Carvalho City Manager Teri Ledoux Mayor and City Council of the City of San Bernardino Page 2 Printed 8/1/2020 Special Meeting Agenda August 5, 2020 4:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA STUDY SESSION 1. Street Vending Ordinance 2. Campaign Contribution Limits Recommendation Consider and provide staff direction regarding the establishment of a local campaign finance (contribution limit) ordinance that imposes a different contribution administration and enforcement requirements. ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting of the Mayor and City Council on Wednesday, August 5, 2020 via web-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 5, 2020 Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was Street, San Bernardino, California, at the San Bernardino Public Library located at 555 Saturday, August 1, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Mayor and City Council of the City of San Bernardino Page 3 Printed 8/1/2020 Special Meeting Agenda August 5, 2020 NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: July 31, 2020 SUJECT: Special Meeting on Wednesday, August 5, 2020 NOTICE IS HEREBY GIVEN that the Mayor of the City of San Bernardino has called a Special Meeting to be held on Wednesday, August 5, 2020, via web- conference. The Special Meeting will begin at 4:00 p.m. Said meeting shall be for the purpose of considering the following: STUDY SESSION: 1. Street Vending Ordinance 2. Campaign Contribution Limits ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting of the Mayor and City Council on Wednesday, August 5, 2020 via web-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Mayor and City Council of the City of San Bernardino Page 4 Printed 8/1/2020 2 Staff Report City of San Bernardino Request for Council Action Date: August 5, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Campaign Contribution Limits Recommendation Consider and provide staff direction regarding the establishment of a local campaign finance (contribution limit) ordinance that imposes a different contribution limit than the and enforcement requirements. Background On February 19, 2020, the City Council expressed an interest in exploring the possibility of establishing campaign finance regulations for elected positions within the City that exceed the standards established by the State of California. Staff was directed to bring forward the campaign finance regulations established by the City of Pomona for review, consideration and discussion. Discussion Beginning on January 1, 2021, Assembly Bill (AB) 571 will go into effect. The Bill sets default contribution limits for elective county and city offices aligning with the contribution limits set for elected officers of the state Assembly and Senate (no more than $4,700 from an individual person per calendar year). Under AB 571, the FPPC will have administration and enforcement authority regarding the default contribution limits for cities and counties without their own local contribution limits, and makes misdemeanor. These contribution limits may be adjusted by the FPPC in January of odd-numbered years to reflect increases or decreases in the Consumer Price Index (CPI). AB 571 also extends contribution restrictions for elective county or city offices regarding personal loans and for committees created to oppose recall measures. Cities and counties can adopt local campaign ordinances that contain additional restrictions and requirements that are more precisely tailored to the needs of their communities. Several cities surveyed in our region have established local campaign finance ordinances including the following cities. The City of Pomona: has established the campaign contribution limit from an Packet Pg. 5 Page 1 2 6856 individual at $500 for any City Council candidate and $1,000 for a mayoral candidate. Loans from an individual other than personal loans issued to a candidate are limited to $500 (Attachment 1). The City of Pomona has a population of 151,691 and covers 23 square miles. The City of Grand Terrace: has established a campaign contribution limit from an individual at $250 (Attachment 2). The City of Grand Terrace has a population of 12,584, covering 3.5 square miles. City of Upland: has established a campaign contribution limit at $1,000 for mayoral and city council candidates. Candidates are required to return any amount in excess of $1,000 within 30 days of discovering the violation. The City of Upland has a population of 73,732, covering 15.5 square miles. City of Santa Ana: has established a campaign contribution limit at $1,000 for mayoral and city council candidates. Violations are a misdemeanor and any resident is empowered to file in court to enjoin a violation and compel compliance. The City of Santa Ana has a population of 324,528 and covers 27.3 square miles. If the City adopts local contribution limits we will also need to consider enforcement requirements, as AB 571 does not provide the FPPC with authority to administer or enforce locally set contribution limits. While contribution limits have been held constitutional, they must not be so restrictive as to impede the ability of challengers to raise sufficient funds to mount a meaningful campaign. For example, a limit of $400 for gubernatorial candidates in Vermont has been held to be unconstitutional by the Supreme Court. 2020-2025 Key Strategic Targets and Goals While the establishment of a local campaign finance ordinance does not directly align -2025 strategic targets and goals, it does indirectly align with Goal No. 2 (a). Develop and implement a community engagement plan. Fiscal Impact There is no financial impact associated with the review, consideration and establishment of a local campaign finance (contribution limit) ordinance. If the City Council directs staff to move forward with preparing an Ordinance to establish local campaign contribution limits exceeding the standards established by the State of California under AB 571, the City will need to implement enforcement and oversight regulations. This will require additional resources to monitor and enforce the established regulations. Additional analysis will be required to determine the financial impact of the established regulations. Conclusion Consider and provide staff direction regarding the establishment of a local campaign finance (contribution limit) ordinance that extends beyond what is required under the Packet Pg. 6 Page 2 2 6856 State of California elections code and is regulated by the Fair Political Practices Commission (FPPC). Attachments Attachment 1 City of Pomona Attachment 2 City of Grand Terrace Attachment 3 City of Upland Attachment 4 City of Santa Ana Attachment 5 Campaign Finance Regulation Survey Ward: All Packet Pg. 7 Page 3 2.a /źƷǤ ƚŅ tƚƒƚƓğ aǒƓźĭźƦğƌ /ƚķĻ \[2\] ARTICLE II. - CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Footnotes: --- (Ћ) --- Charter reference Municipal campaign finance, § 1401 et seq. State Law reference Municipal authority to limit campaign contributions in municipal elections, Elections Code § 10202, Government Code § 85703; limitations on contributions, Government Code § 85100 et seq. Sec. 10-31. - Purpose and intent. (a) The problem of campaign expenditures has become a serious reality of American politics, and campaigns in the city are not excepted. Incidental to the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. (b) It is the purpose and intent of the city council in enacting this article to: (1) Place realistic and enforceable limits on the amounts individuals may contribute to political campaigns in municipal elections; (2) Ensure and promote integrity, honesty and fairness in the decisions of public policy; (3) Ensure that funds and services donated to a candidate or campaign committee are used solely for lawful campaign purposes; (4) Ensure a level of discussion of public issues adequate for a viable political campaign; (5) Provide opportunity for all citizens to become candidates for public office unhindered by a need to meet exorbitant campaign costs; and (6) Provide full and fair enforcement of all the sections of this article. (c) In seeking to establish such realistic limitations, it is the intent of the city council to promote a broader and more open participation by all citizens in the electoral process, and it is in no way intended that such limitations should act to deprive or restrict any citizen in the exercise of rights guaranteed under the First and Fourteenth Amendments of the United States Constitution. (Code 1959, § 2.1-1; Ord. No. 3682, § 1 (part)) Sec. 10-32. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Campaign contribution means any transfer, pledge or loan of money or a thing of value, including any in-kind contribution as defined by state law, made by a person or committee to a council candidate, committee, or for the purpose of supporting the election of such council candidate to the city council, or any transfer, pledge or loan of money or a thing of value, including any in-kind contribution as defined by state law, made by a person or committee to another person or committee for the purpose of supporting or opposing the election of a council candidate or committee, except to the extent that full and adequate consideration is received for such transfer, pledge or loan. The term "campaign contribution" includes any payment made by a person for admission to a fundraising event conducted by or on behalf of a council candidate such as dinners, luncheons and rallies; the granting of discounts or rebates to a council Attachment: City of Pomona Municipal Code.ARTICLE_II.___CAMPAIGN_CONTRIBUTIONS_AND_EXPENDITURES (6856 : Campaign Packet Pg. 8 2.a candidate not extended to the public generally; or the granting of discounts or rebates of television stations, radio stations and newspapers to an individual council candidate not extended on an equal basis to all council candidates seeking election to the city council. The term "campaign contribution" shall not include a council candidate's own money or property used on behalf of his candidacy; personal services performed by a person campaigning for or against a council candidate if no compensation is paid, either directly or indirectly, to the person performing such services; or travel expenses incurred by a person campaigning for or against a council candidate if no reimbursement is made, directly or indirectly, for the expenses incurred by such person. Candidate means any individual listed on the ballot for nomination for or election to any city office or who has otherwise taken affirmative action to seek nomination or election to city office. Committee means any person or combination of two or more persons acting jointly on behalf of or in opposition to a candidate for municipal office or to the qualification for the ballot including the recall of any municipal officer. The term "committee" shall also include any person or combination of two or more persons, whether or not they have filed any documents formalizing their association or organization, as required by state law. Election means any primary, general or special municipal election held in the city, including a recall election. (Code 1959, § 2.1-2; Ord. No. 3682, § 1 (part); Ord. No. 3755, § 1 (part)) Cross reference Definitions generally, § 1-2. State Law reference Definitions generally, Government Code § 82000 et seq. Sec. 10-33. - Supplementation of state law. This article is intended to supplement the Political Reform Act of 1974 (Government Code § 81000 et seq.). Unless otherwise provided in this article, words and phrases used in this article, including reporting periods and thresholds, shall have the same meaning as defined in the Political Reform Act of 1974. (Code 1959, § 2.1-3; Ord. No. 3682, § 1 (part)) Sec. 10-34. - Campaign contribution limitations. (a) No person other than a candidate shall make and no person or candidate shall solicit or accept any contribution which will cause the total amount contributed by such person with respect to a single election in support of or opposition to a candidate, including contributions to all committees supporting or opposing such candidate, to exceed the following: (1) For any city council candidate, $500.00. (2) For any mayoral candidate, $1,000.00. (b) Loans for use in connection with an election for a period of more than 30 days are prohibited. Loans of more than $500.00 for use in connection with an election are prohibited. Loans to a candidate or his controlled committees shall be counted against the contribution limitations applicable to that candidate; provided, however, a candidate is not prohibited from obtaining a personal loan of any amount from a duly licensed financial lending institution in the regular course of business. (c) Any contributions solicited or accepted pursuant to this section shall be expended only in connection with the candidacy for the office specified in the candidate's declaration of intent to solicit and receive contributions. Attachment: City of Pomona Municipal Code.ARTICLE_II.___CAMPAIGN_CONTRIBUTIONS_AND_EXPENDITURES (6856 : Campaign Packet Pg. 9 2.a (d) For purposes of this section the primary and general elections are considered two separate single elections. (e) For purposes of this section the limits in this section shall apply on a calendar-year basis. (Code 1959, § 2.1-4; Ord. No. 3682, § 1 (part); Ord. No. 3755, § 1 (part)) Charter reference Voluntary campaign expenditure ceiling, § 1401. Sec. 10-35. - Cash contributions. No person shall make and no candidate or committee shall solicit or accept any cash contribution in excess of $99.00. (Code 1959, § 2.1-5; Ord. No. 3682, § 1 (part)) Sec. 10-36. - Anonymous contributions; reporting of contributions. (a) No person shall knowingly make and no candidate or committee shall solicit or accept any anonymous contributions with the intent of avoiding the reporting requirements of this article or state law. Any such contributions received by the candidate or committee shall be promptly paid over to the city treasurer for deposit in the general fund of the city. (b) All contributions, including campaign contributions, in the amount of $25.00 or more value shall be reported as required by this article or state law. (Code 1959, § 2.1-6; Ord. No. 3682, § 1 (part); Ord. No. 3755, § 1 (part)) Sec. 10-37. - Campaign expenditures uncontrolled by candidate or committee. Persons or organizations not subject to the control of a candidate but who make expenditures on his behalf shall indicate clearly on any material published, displayed or broadcast that it was not authorized by the candidate, when such expenditures in whole or part would have been covered by the limitations of this article if they were subject to the control of the candidate. Such persons or organizations shall comply with all filing requirements imposed upon candidates and committees by this article. (Code 1959, § 2.1-7; Ord. No. 3682, § 1 (part)) Sec. 10-38. - Unexpended contributions. If a candidate cancels his declaration of intent to solicit and receive contributions for a particular office, ceases to be a candidate or fails to qualify for an office for which contributions have been solicited or accepted, or if there remains a balance in a campaign checking account of a candidate or committee after the date of the election in which the candidate appeared on the ballot, all unexpended funds remaining in the account shall be returned on a pro rata basis to those who have made the contributions or be donated to one or more charitable organizations qualifying for federal income tax exemption. However, a maximum of $5,000.00 in unexpended funds may be retained by a candidate or committee and may be used for any political purpose or other lawful use. (Code 1959, § 2.1-8; Ord. No. 3682, § 1 (part)) Sec. 10-39. - Assumed name contributions. Attachment: City of Pomona Municipal Code.ARTICLE_II.___CAMPAIGN_CONTRIBUTIONS_AND_EXPENDITURES (6856 : Campaign Packet Pg. 10 2.a Under this article no contribution shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes nor in the name of another person or received from another person on the condition that it be used as a contribution. If it is discovered by a candidate or committee treasurer that a contribution has been received in violation of this article, the candidate or treasurer shall promptly pay the amount received in violation of this article to the city treasurer for deposit in the general fund of the city. (Code 1959, § 2.1-9; Ord. No. 3682, § 1 (part)) Sec. 10-40. - Disclosure of records required from suppliers of goods, facilities and services. No person who supplies goods, facilities or services to a candidate or committee for use in connection with a campaign shall knowingly refuse to divulge or disclose to the city clerk the record of any expenditures made by the candidate or committee in payment for such goods, facilities or services. (Code 1959, § 2.1-10; Ord. No. 3682, § 1 (part)) Sec. 10-41. - Duties of city clerk. (a) The city clerk shall administer this article. In addition to other duties required by the city clerk under the terms of this article, the city clerk shall: (1) Supply appropriate forms and manuals prescribed by the state fair political commission. These forms and manuals shall be furnished to all candidates and committees and to all other persons required to file reports. (2) Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of state law. (3) Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by state law. (4) Report apparent violations of this article and applicable state law to the appropriate authorities. (5) Compile and maintain a current list of all statements or parts of statements filed with the city clerk's office pertaining to each candidate. (6) Furnish a copy of this article to each candidate for elective city office. (b) In addition to all other duties set forth in this section, the city clerk shall be authorized to impose a fine in an amount not to exceed $1,000.00 for each violation of this article. Prior to imposing any fine, the city clerk shall conduct an administrative hearing to review the circumstances surrounding the alleged violation of this article. Prior to conducting the hearing, the city clerk shall provide the accused violator with notice of the date of the hearing and the specific violation and applicable Code section at least ten business days prior to the hearing. (Code 1959, § 2.1-11; Ord. No. 3682, § 1 (part); Ord. No. 3755, § 1 (part)) Cross reference Officers and employees, § 2-71 et seq. Sec. 10-42. - Construction of article. This article shall be liberally construed in order to effectuate its purposes, and no error, irregularity, informality and no neglect or omission of any officer in any procedure taken under this article which does not directly affect the jurisdiction of the council or the city to control campaign contributions and expenditures shall avoid the effect of this article. Attachment: City of Pomona Municipal Code.ARTICLE_II.___CAMPAIGN_CONTRIBUTIONS_AND_EXPENDITURES (6856 : Campaign Packet Pg. 11 2.a (Code 1959, § 2.1-12; Ord. No. 3682, § 1 (part)) Sec. 10-43. - Payments for communications to members, employees, shareholders, etc., of organization for purpose of supporting or opposing candidate. For purposes of this article, payments for communications to members, employees, shareholders, or families of members, employees, or shareholders of an organization for the purpose of supporting or opposing a candidate are not contributions or expenditures, provided those payments are not made for general public advertising such as broadcasting, billboards, and newspaper advertisements. However, payments made by a political party for communications to its members who are registered with that party which would otherwise qualify as contributions or expenditures shall be reported in accordance with this article. State Law reference Mandatory provisions, Government Code §§ 85312, 85713. Sec. 10-44. - Penalty. Any person who knowingly or willfully violates any section of this article is guilty of a misdemeanor. In addition to any criminal penalties authorized by law, the city clerk shall be authorized to impose a fine in the amount not to exceed $1,000.00 pursuant to section 10-41. (Code 1959, § 2.1-13; Ord. No. 3682, § 1 (part); Ord. No. 3755, § 1 (part)) Sec. 10-45. - Effect of violation on outcome of election. If a candidate is convicted of a violation of any section of this article and if the court determines that the violation was substantial and that it might have had a bearing on the outcome of the election: (1) If such conviction become final before the date of the election, the votes for such candidate shall not be counted, and the election shall be determined on the basis of the votes cast for the other candidates in that race. (2) If such conviction becomes final after the date of the election and if such candidate was declared to have been elected, such candidate shall not assume office, and the office shall be deemed vacant and shall be filled as otherwise provided by state law. (Code 1959, § 2.1-14; Ord. No. 3682, § 1 (part)) Sec. 10-46. - Verification. All declarations, reports and statements filed under this article shall be signed and verified by the filer under penalty of perjury. (Code 1959, § 2.1-15; Ord. No. 3682, § 1 (part)) Attachment: City of Pomona Municipal Code.ARTICLE_II.___CAMPAIGN_CONTRIBUTIONS_AND_EXPENDITURES (6856 : Campaign Packet Pg. 12 2.b /źƷǤ ƚŅ DƩğƓķ ĻƩƩğĭĻ Chapter 2.44 - RESTRICTIONS ON CANDIDATE CONTRIBUTIONS Sections: 2.44.010 - Campaign contributionsAmounts. It is unlawful for any person, business, firm, political action committee, or any vested interest group to contribute more than two hundred fifty dollars during any calendar year to any one candidate seeking an elective office in the municipal government of the city. The support of more than one candidate by campaign contributions totaling no more than two hundred fifty dollars for each of more than one candidate will not constitute a violation of this chapter. (Ord. 80 § 1, 1984) 2.44.020 - ViolationPenalty. Any person, business, firm, political action committee, or vested interest group who violates the provisions of this chapter is guilty of an infraction. Any person, business, firm, political action committee, or vested interest group convicted of an infraction shall be penalized in accordance with the provisions of Section 36900(b) of the Government Code of the state. (Ord. 80 § 2, 1984) Attachment: City of Grand Terrace Municipal Code.Chapter_2.44___RESTRICTIONS_ON_CANDIDATE_CONTRIBUTIONS (6856 : Campaign Packet Pg. 13 2.c Attachment: City of Upland Campaign Contributions (6856 : Campaign Contribution Limits) Packet Pg. 14 2.c Attachment: City of Upland Campaign Contributions (6856 : Campaign Contribution Limits) Packet Pg. 15 2.d CITY OF SANTA ANA CAMPAIGN CONTRIBUTION LIMITS &DISQUALIFICATION PROVISIONS QUICK REFERENCE MAXIMUM CAMPAIGN CONTRIBUTION= $1,000 in an Election Cycle (election date to the following election date–2 years for Mayor; 4 years for Councilmembers). CANNOT ACCEPT $250 or more from any person for a period of 3-months following the date of a final decision regarding a license, permit or other entitlement if person had a financial interest in the proceeding. Charter Provisions Sec. 1206.-Campaign contribution limitation. No person shall make, and no candidate for mayor or City Council or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that person to that candidate, including contributions or loans to all committees controlled by that candidate, to exceed one thousand dollars ($1,000.00) in any election cycle; provided, however, that the City Council may, by ordinance, adjust such limit to reflect changes in the consumer price index; and provided further that nothing herein shall apply to a candidate's contribution of his or her personal funds to his or her own campaign contribution account. As used herein, "election cycle" means the period of time between the date of an election to the office of mayor or councilmember and the date of the next election to the same office. Sec.1207.-Campaigncommitteesandbankaccounts. AcandidatefortheofficeofmayororCityCouncilshallhavenomorethanone campaigncommitteeandonecampaigncontributionaccountoutofwhichall expendituresforthepurposeofseekingsuchofficeshallbemade.Thecampaign contributionaccountshallbeestablishedandmaintainedassetforthinSection Attachment: Santa Ana - Campaign Finance Limits (6856 : Campaign Contribution Limits) 85201oftheGovernmentCode. (Ord.No.NS-2170,§3,7-20-92,approvedatelection11-3-92) Sec.1208.-Enforcement. (a)Anypersonwhoknowinglyorwillfullyviolatessections1206or1207ofthis charterisguiltyofamisdemeanor. (b)AnyresidentoftheCitymaybringanaction,atatimeduringanelection periodorthereafter,inacourtofcompetentjurisdictiontoenjoinactualor Packet Pg. 16 2.d threatenedviolationsof,ortocompelcompliancewith,ortoobtainajudicial declarationregardingcompliancewith,section1206or1207 (c)TheCityAttorneymaymaintain,inthenameoftheCity,oraresidentofthe Citymaymaintain,inhisorherownname,acivilactiontorecoverfroma candidateoracommitteecontrolledbyacandidateanycontributionsreceivedby suchcandidateorcommitteeinexcessofthecontributionlimitationsestablished bysection1206.Anymoneyrecoveredinanysuchactionshallbedepositedinthe City'sgeneralfund. (Ord.No.NS-2170,§3,7-20-92,approvedatelection11-3-92) Municipal CodeSection Sec. 2-107.-Prohibited campaign contributions. No councilmember or any campaign committee controlled by the councilmember shall solicit or accept any campaign contribution or loan of two hundred fifty dollars ($250.00) or more from any person for a period of three (3) months following the date a final decision is rendered in any proceeding before the council involving a license, permit, or other entitlement, if the councilmember knows or has reason to know that the person had a financial interest in the proceeding. Financial interest, for purposes of this section, shall have the meaning it is defined to have in Title 9 of the California Government Code (the Political Reform Act). The mayor is a councilmember for purposes of this section. (Ord. No. NS-2304, §1, 11-18- 96) Attachment: Santa Ana - Campaign Finance Limits (6856 : Campaign Contribution Limits) Packet Pg. 17 Attachment: Campain Finance Regulation Survey (6856 : Campaign Contribution Limits) 2.e Packet Pg. 18 ǒƦķğƷĻķʹ А͵ЋЉ͵ЋЉ No No No No No No No No No No No Yes Yes Yes Yes Regulations /ğƒƦğźŭƓ CźƓğƓĭĻ wĻŭǒƌğƷźƚƓƭ {ǒƩǝĻǤ Campaign Finance Requirements beyond FPPC er Cha CharterCharter Charter Form of General LawGeneral LawGeneral LawGeneral LawGeneral LawGeneral LawGeneral LawGeneral LawGeneral LawGeneral LawGeneral Law Government CityLoma LindaRiversideSanta AnaPomonaColtonCoronaFontanaGrand Terrace HighlandMoreno ValleyOntarioRancho CucamongaRedlandsRialtoUpland