City Council to Discuss Possible Changes to Campaign Laws

The City Council will host a workshop at its Tuesday meeting to discuss possible changes to municipal campaign laws. 

The workshop asks that council members provide direction to city staff as to how to update two sections in the Poway Municipal Code (PMC): "Campaign Contributions and Expenditures" (Chapter 2.28) and "Municipal Election Petition Circulation" (Chapter 2.30).

According to the staff report, city staff is recommending these proposed changes to the PMC regarding campaign laws: 

• Increase the limit on contributions to candidates and committees from individuals to $300 from $100. The $300 falls in line with the county limit. 
• Modify "the organizational contribution ban, by either eliminating it altogether, or by exempting political parties from the ban." The recommendation cites a recent federal court ruling in the case of Thalheimer v. City of San Diego in which the court ruled that it was unconstitutional for the city to prohibit contributions from political parties. 
• Repeal 2.28.040 of the PMC, which requires "that all campaign material produced by an independent committee must clearly indicate the name of the committee" and instead adopt the state law requiring a committee name only on "materials that are mass produced."
• Repeal 2.30.030 of the PMC, which requires that petition gatherers file with the city clerk. Staff is recommending that the city adopt the state law, which does not require the registration of "names and addresses of paid gatherers." If the city adopts the state law, enforcement will be dependent on the District Attorney's office. 
• Repeal 2.28.060(A), which requires that candidates and committees file campaign statements "on the Friday immediately preceding the election date" in addition to filing campaign statements as a whole. Staff is recommending that the city adopt the state law, which would not require the additional filing of statements. 
• Repeal 2.28.060(B) and (C), which requires the itemization of "expenditures of $10 or more and contributions of $25 or more." Staff is recommending that the city adopt the state law, which "requires cumulative contributions and cumulative expenditures, in either case from or to single sources or recipients, that are less than $100 must be totaled and reported as a lump sum." Cumulative contributions more than $100 are "disclosed separately." 
• Repeal 2.28.070, which requires a candidate or committee to report "cumulative receipts of expenditures exceeding $200" and adopt the state law, which requires reporting only when it exceeds $1,000. 
• Repeal 2.28.060, which requires candidates and committees to file additional forms when submitting a declaration statement by the candidate or committee that it has "neither accepted nor solicited any campaign contribution in excess of the limitation." Staff is recommending that the city adopt the state version of the law, which only requires one set of forms as it pertains to declaration statements.
• Repeal 2.28.050, which requires that the city clerk have full access "during business hours to the bank's or savings and loan association's records concerning all election campaign accounts." State law only requires that the "name, address and account number" be filed with the city clerk. Staff is recommending that the city adopt the state version of this law so that it can be enforced by the Fair Political Practices Commission (FPPC). 
• Repeal 2.28.140 and follow state law, which allows for "officeholder accounts." The repeal will allow the FPPC to enforce the law. 
• Repeal 2.28.050, which require that a candidate or campaign "shall within 90 days after the election disburse the whole of the surplus to the general fund or the pro rata to the contributors." However, state law considers campaign funds to be a surplus when "the officeholder leaves the office for which the funds were raised, or at the end of the semi-annual reporting period." Staff is recommending that the city adopt the state version which is enforceable under the FPPC.
• City Attorney suggests various procedures in enforcing campaign laws related to city costs (Page 6 of staff report)

In addition to the proposed changes to the PMC, city staff is also proposing the following:

• Repealing Resolution No. 86-065 which requires a fee of $50 for the printing of candidate statements, which are voluntary statements, in the voter information pamphlet. Staff is recommending that the city adopt a resolution prior to each election "based on an estimate of true costs provided by the Registrar of Voters Office."
• Following California's Election Code Section 9202(b) which asks for the "collection of a fee up to $200 by any person filing a notice of intent with the city clerk." 

After the City Council provides input and direction for each proposed modification, staff will present a proposed ordinance for adoption at a later City Council meeting. 

Other items on the City Council agenda include:

• Council members will consider a conditional use permit to modify a Verizon telecommunications facility and install additional antennae on St. Bartholomew's Church.
• Council members will consider a resolution rescinding Specific Plan 88-02, which would "allow land uses permitted by the underlying zone and allowed in the adjacent commercial shopping center" on the southeast corner of Pomerado and Twin Peaks roads.
• Council members will review the city's quarterly investment report. The book value of the city's investment portfolio as of Sept. 30 is $112,672,298.

The meeting begins at 7 p.m. inside the . See the full agenda here.