HomeMy WebLinkAbout2006-06-14 Packet CITY OF UKIAH
CITY COUNCIL AGENDA
Adjourned Reqular Meetinq
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
June 14, 2006
5:15 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
UNFINISHED BUSINESS
a. Adoption of Ordinance Adding Chapter 14, Entitled,
Reform Act," to Division 1 of the Ukiah City Code
"Ukiah Campaign
RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review
of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil
Procedure, which generally limits to ninety days (90) the time within which the decision of the
City Boards and Agencies may be judicially challenged.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the
agenda that you are interested in, you may address the Council when this matter is considered.
If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order
for everyone to be heard, please limit your comments to three (3) minutes per person and not
more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments in which the subject is not listed on the agenda.
6. CLOSED SESSION - To be Held In Conference Room # 4
a. Public Employee Performance Evaluation (Gov't Code Section 54957)
Title: City Manager
7. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with ADA
requirements and will attempt to reasonably accommodate individuals with disabilities upon request.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue,
Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 9th day of June, 2006. Gail Petersen, Deputy City Clerk
AGENDA
ITEM NO: 3a
MEETING DATE: June 14, 2006
SUMMARY REPORT
SUBJECT:
ADOPTION OF ORDINANCE ADDING CHAPTER 14, ENTITLED,
"UKIAH CAMPAIGN REFORM ACT," TO DIVISION 1 OF THE
UKIAH CITY CODE
SUMMARY: On June 7, 2006, the City Council approved the introduction of an
Ordinance adding Chapter 14, entitled "Ukiah Campaign Reform Act" to Division 1 of
the Ukiah City Code with a number of changes.
The revised Ordinance is included as Attachment #1 and has been prepared in final
form and is ready for adoption.
RECOMMENDED ACTION: Adopt of Ordinance adding Chapter 14, entitled,
"Ukiah Campaign Reform Act," to Division 1 of the Ukiah City Code.
ALTERNATIVE COUNCIL POLICY OPTIONS:
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
City Council
Sue Goodrick, Risk Manager/Budget Officer
Candace Horsley, City Manager and David J. Rapport, City
Attorney
1 - Draft Revised Ordinance
Candace Horsley, City Manaler
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF UKIAH ADDING CHAPTER 14,
ENTITLED, "UKIAH CAMPAIGN REFORM ACT,"
TO DIVISION 1 OF THE UKIAH CITY CODE.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. CAMPAIGN REFORM ACT
A new Chapter 14, entitled, "Ukiah Campaign Reform Act," is hereby added to
the Ukiah City Code to read as follows.
CHAPTER 14
Ukiah Campaign Reform Act
Sections
2075
2076
2077
2078
2079
2080
2081
2082
2083
2084
2085
2086
2087
Title
Purpose
Relation to Political Reform Act of 1974
Definitions
Campaign Contribution Limitations
Election Cycles
Voluntary Spending Limits
Additional Disclosure Requirement
Deadline for Debt Retirement
Return of Contributions from Anonymous Donors
Disbursement of Unexpended Campaign Funds
Duties of the City Clerk
Enforcement and Penalties
{}2075 TITLE:
This Chapter shall be known and may be cited as "The
Ukiah Campaign Reform Act."
{}2076
PURPOSE: The City Council declares that the purposes of this Chapter
are:
A. To prevent corruption and the appearance of corruption of the political process by
adopting realistic and enforceable campaign contribution limits.
B. To supplement the requirements of state law with regard to the reporting of campaign
contributions and expenditures in order to provide important additional information to the
voters in municipal elections about the contributions to political campaigns in the City
C. To establish and encourage the acceptance of voluntary campaign spending limits in
order to reduce the influence of money in municipal elections and to increase
participation in the political process.
{}2077 RELATION TO POLITICAL REFORM ACT OF 1974: This
Chapter is intended to supplement the Political Reform Act of 1974.
Unless a word or term is specifically defined in this Chapter, or the contrary is stated or
clearly appears from the context, words and terms used herein shall have the same
meaning as defined or used in Title 9 of the California Government Code, in which the
Political Reform Act of 1974 is codified, and as supplemented by the Regulations of the
Fair Political Practices Commission as set forth in Title 2, Division 6 of the California
Code of Regulation, as the same may be, from time to time, amended. Among the terms
defined in Political Reform Act (see Chapter 2, Title 9 of the Government Code,
commencing with Section 82000) and used throughout this Chapter are "commission,"
"contribution," "expenditure," "independent expenditure" and "person."
§2078
meaning.
DEFINITIONS: As used in this Chapter the following words shall have
the following meaning, unless the context clearly requires a different
A. "Ballot measure" means a measure on the ballot in a City Election for adoption in the
City only, whether by initiative, referendum or by the city council.
B. "Campaign Expenditure" means an expenditure for election-related activities for both
Candidates and ballot measures, which include, but are not limited to, the following:
(1) Communications that contain express advocacy of the nomination or election
of a candidate or the qualification or approval of a ballot measure, or the defeat of
a candidate or ballot measure.
(2) Communications that contain reference to the candidate's qualifications,
candidacy, election campaign, or similar references with respect to the candidate's
opponent or a ballot measure.
(3) Solicitation of contributions to the candidate or to third persons for use in
support of the candidate or in opposition to his or her opponent, and similar
solicitations for or in opposition to a ballot measure.
(4) Arranging, coordinating, developing, writing, distributing, preparing, or
planning of any communication or activity described in clauses (1), (2), or (3),
above.
(5) Recruiting or coordinating campaign activities of campaign volunteers on
behalf of the candidate or a ballot measure.
(6) Preparing campaign budgets.
(7) Preparing campaign finance disclosure statements.
(8) Communications directed to voters or potential voters as part of activities
encouraging or assisting persons to vote if the communication contains express
advocacy of the nomination or election of the candidate or the defeat of his or her
opponent, or for or in opposition to a ballot measure.
C. "Candidate" means any person who is a candidate for any elective office in the City of
Ukiah, including incumbent office holders, appointed or elected, whether or not a
candidate for reelection.
D. "City" means the City of Ukiah.
E. "City Clerk" means the City Clerk of the City.
F. "City Committee" means a Controlled committee or an Independent expenditure
committee
G. "City Election" means any general or special municipal election in the City of Ukiah,
including a recall election or a City municipal election which is consolidated with another
election.
H. "Controlled committee" means a committee that is controlled directly or indirectly by
a Candidate or proponent or opponent of a City ballot measure, including a recall petition,
or that acts jointly with a Candidate, Controlled committee, or City ballot measure
proponent or opponent in connection with the making of expenditures. A Candidate or
ballot measure proponent or opponent controls a committee if he or she, his or her agent,
or any other committee he or she controls has a significant influence on the actions or
decisions of the committee.
I. "Election Cycle" means the applicable period as set forth in Section 2080.
J. "Independent expenditure committee" means a committee established primarily to
make independent expenditures in a City Election.
§2079
CAMPAIGN CONTRIBUTION LIMITATIONS:
A. No person shall make and no Candidate or City Committee shall solicit or accept any
contribution which will cause the total contributions for Campaign Expenditures from
any person to that Candidate or committee to exceed $200.00 during any Election Cycle,
except as provided in Section 2081.
B. The limits in subsection A. above shall also apply to any person who makes and any
City Committee which solicits or accepts contributions for the purpose of making
expenditures in support of or opposition to the recall of a candidate or to the election of
any candidate to succeed the candidate who is the subject of a recall, except as provided
in Section 2081.
C. All contributions made by any person or solicited or accepted by any Candidate or
City Committee during a special election cycle shall be attributed to that election cycle
and not to any other election cycle that may overlap.
D. The provisions of this section shall not apply to contributions by a Candidate or the
Candidate's spouse to the Candidate's own Controlled Committee.
E. Contributions by a married person shall be treated as the separate contributions of such
person and shall not be aggregated with any contributions of the spouse of such person.
F. Contributions by children under 18 years of age shall be treated as contributions by
their parent(s) or legal guardian(s), and shall be attributed one-half to each parent or
guardian unless only one parent or guardian has legal custody in which case any such
contributions shall be attributed solely to the custodial parent or guardian.
G. The contribution limits of this section apply to loans or extensions of credit to the
Candidate or City Committee, except as provided in Government Code Section 85307.
§2080:
ELECTION CYCLES:
A. General Elections. For purposes of any general election, the Election Cycle shall
commence on January 1 of the year in which a City Election will occur and end on
December 31 of that year.
B. Special Elections. For purposes of any special election, the election cycle shall mean
the period commencing on the date a special election is called by the city cOuncil and
ending on the sixtieth day following said special election.
C. Recall Elections. For purposes of any recall election, the election cycle shall mean the
period commencing on the earlier of the date a City Committee in support of a recall
election files its statement of organization pursuant to Government Code Section 84101,
or the date the notice of intention is served pursuant to Elections Code Section 11021 or
published pursuant to Elections Code Section 11022 (whichever occurs first), and ending
on the sixtieth day following the first to occur of any of the following:
1. The time provided by law for the gathering of signatures on recall petitions
expires without sufficient recall petition signatures having been filed with the City
Clerk to require a recall election;
2. All committees formed in support of the recall have been terminated pursuant
to the provisions of the Political Reform Act;
4
3. The date the recall election is held.
§2081: VOLUNTARY SPENDING LIMIT: A Candidate or City
Committee may elect to comply with the voluntary spending limits as set
forth in this Section 2081.
A. A Candidate or City Committee which voluntarily accepts expenditure limits may not
make Campaign Expenditures in excess of the limits set forth in subsection C, below.
Campaign Expenditures by a Candidate and his or her Controlled Committee shall be
aggregated.
B. Each Candidate and each City Committee shall indicate on a form provided by the
City Clerk his, her or its acceptance or rejection of the voluntary spending limits as
established under Subsection C, below. At a minimum, the form shall (1) state the
voluntary spending limit then in effect, (2) the benefits of acceptance of the voluntary
spending limit, and (3) contain an agreement to comply with the requirements of this
Section 2081. Said form shall be filed with the City Clerk at the same time that a
Candidate files his or her nomination paper and verified statement of acceptance pursuant
to Elections Code Section 10224 or that a City Committee files its statement of
organization pursuant to Government Code Section 84101.
C. For the November 2006 City Election, the spending limit is $5,000.00. This voluntary
spending limit shall apply to future elechons, but may be adjusted periodically by
resolution of the city council to reflect increases or decreases in City population and the
Consumer Price Index since August 2006.
D. For candidates and City Committees accepting the voluntary spending limit, the
following benefits apply:
1. The contribution limitation in Section 2079.A is increased from $200.00 to
$500.00.
2. Except for recall elections, the voluntary spending limit for any Candidate
opposing an incumbent shall be increased by 25%.
3. The City will pay for one-half the cost of the Candidate's statement of
qualifications as printed in the ballot pamphlet.
4. Within one week of the filing deadline, the City will issue a news release,
describing the purpose and benefits of the program, and announcing the
Candidates and City Committees which have accepted the voluntary spending
limit.
5. The City's website will designate the Candidate and City Committee accepting
the voluntary spending limit as a "Voluntary Spending Limit
Candidate/Committee," and display the Candidate's photo and up to a 500 word
statement from each participating Candidate and City Committee.
6. Each participating Candidate and City Committee may use the designation
"Voluntary Spending Limit Candidate/Committee" in all election/campaign
materials and in the Candidate's ballot pamphlet statement of qualifications.
7. Candidates and their Controlled Committees may carry over funds from one
election cycle to the next, if, within the first three days of the next Election Cycle,
the Candidate or committee files a statement with the City Clerk accepting the
voluntary spending limit applicable to that Election Cycle. If the Candidate or
committee does not file the required statement, all funds carded over from the
previous Election Cycle shall be disbursed pursuant to Section 2085 within seven
days after the beginning of that subsequent Election Cycle.
8. Each participating Candidate and City Committee may include an additional
500 word statement on the City website if an opposing Candidate or City
Committee rejects the voluntary spending limit.
E. A Candidate or City Committee which files a notice accepting the voluntary spending
limit may not thereafter reject the limit, except that if an opposing Candidate or City
Committee files a statement rejecting the voluntary spending limit, the Candidate or City
Committee may file a statement with the City Clerk rescinding its acceptance of the
voluntary spending limits within three days after the final date that nomination papers can
be filed.
F. Any candidate who files a statement of acceptance pursuant to subsection B, above,
and makes Campaign Expenditures in excess of the limits shall be subject to the remedies
in Section 2086.
§2082:
ADDITIONAL DISCLOSURE REQUIREMENT:
A. Each Candidate and City Committee shall file a third pre-election Campaign
Disclosure Statement (Form 460 or any successor form thereto), as provided by the
commission for the period from the end of the second pre-election statement and ending
at 11:59 p.m. on the fourth business day preceding election day (normally Wednesday).
Such disclosure shall be filed with the City Clerk no later than 1:00 p.m. on the third
business day preceding election day and shall be posted to the City's website by 5:00 p.m.
of the day received, or as soon thereafter as may be practicable.
B. Notwithstanding the amounts specified in Government Code Section 82036, each
Candidate or City Committee shall file a late contributions report with the City Clerk
which reports all contributions of $200.00 or more received from any source during the
period commencing at the end of the period covered in the last campaign statement
required pursuant to subsection A, above, and ending on midnight of the date of the
election. This report shall be filed with the City Clerk within twenty-four hours of the
receipt of the contribution and shall be posted to the City website within four hours of the
filing or as soon thereafter as may be practicable.
§2083:
DEADLINE FOR DEBT RETIREMENT:
A. No person shall make, and no Candidate or City Committee shall solicit or accept any
contribution, including for the purpose of debt retirement, after the end of any Election
Cycle.
B. Any candidate or committee shall retire all campaign related debts by the end of the
Election Cycle.
C. Any campaign related debt, which remains unpaid after the end of the Election Cycle,
is deemed to have been a campaign contribution which was accepted at the time the debt
was incurred. Any such contribution which causes the contribution by any person or to
any Candidate or City Committee from any person to exceed the applicable contribution
limits in this Chapter shall constitute a violation of this Chapter; provided, however, that
failure by a person to collect a debt shall not constitute a violation of this Chapter for the
creditor, if the creditor has made substantial attempts, in good faith, to collect the debt.
§2084:
RETURN OF CONTRIBUTIONS FROM ANONYMOUS DONORS:
A. Not later than 14 days after its receipt, a Candidate or City Committee shall return or
disburse to the City for deposit into the general fund of the City, or to one or more non-
profit organizations determined by the Internal Revenue Service to be tax exempt under
Internal Revenue Code Section 501 (c)(3) ("Charitable Organization") any contribution of
more than twenty dollars ($20.00) for which the Candidate or committee does not have
on file in the records of the Candidate or committee the name, address, occupation, and
employer of the contributor (an "Anonymous Contribution").
B. A Candidate or City Committee shall not accept and by the end of any required filing
period or Election Cycle shall return or disburse to the City or a Charitable Organization
Anonymous Contributions, where the total of such contributions exceeds ten percent
(10%) of the total funds raised during that filing period or Election Cycle by that
Candidate or City Committee.
§2085: DISBURSEMENT OF UNEXPENDED CAMPAIGN FUNDS: Except
as otherwise permitted by Section 2081 .C.7, any Candidate or City
Committee that has an unexpended campaign surplus shall, within three days of the close
of an Election Cycle, disburse the whole of the surplus either to the City for deposit into
the general fund of the City, or to one or more Charitable Organizations.
§2086:
DUTIES OF THE CITY CLERK: In addition to any other
duties required of the City Clerk under this Chapter, the City Clerk shall:
A. Prescribe and furnish forms required to be filed by this Chapter;
B. Determine whether required statements, declarations and forms have been filed and, if
so, whether they conform on their face with the requirements of this Chapter, including
whether they are sufficiently legible for purposes of scanning onto the City's website;
C. Promptly notify all persons who have failed to file a statement in the form and at the
time required by this Chapter.
D. Arrange for the prompt scanning to the City's website of all statements and reports
filed pursuant to Sections 2081 and 2082, and the pre-election statements required of
Candidates or City Committees by the Political Reform Act in Title 9, Chapter 4, Article
2 of the Government Code, commencing with Section 84200.
E. Report, in writing, apparent violations of this Chapter to the City Attorney.
{}2087: ENFORCEMENT AND PENALTIES:
A. Misdemeanor. Any person who knowingly or willfully violates any provision of this
Chapter is guilty of a misdemeanor.
1. In addition to other penalties provided by law, a fine in the amounts as
specified in subsection E, below, may be imposed.
2. Prosecution for violation of this Chapter must be commenced within four years
after the date on which the violation occurred.
B. Right to Cure Violation. A Candidate or City Committee which accepts a contribution
in violation of this Chapter shall not be penalized, if the Candidate or committee returns
the contribution or contributes it to the City general fund or to a Charitable Organization
within 7 days of its receipt.
C. Separate violations. Each contribution, acceptance, or solicitation of a contribution
that is in violation of this Chapter and each failure to report a contribution or expenditure
that is required to be reported by this Chapter shall constitute a separate violation.
D. Joint and severable liability. If two or more persons are responsible for any violation,
they shall be jointly and severally liable therefor.
E. Civil penalty. Any person who violates any provision of this Chapter is liable in a
civil action brought by the City Attorney or by a registered voter of the City for the
following amounts for each such violation:
1. For the making, accepting or expending of any contribution or expenditure in
excess of the applicable limits specified in this Chapter, a sum equal to three
times the amount by which the contribution or expenditure exceeds the applicable
contribution limit, or $500.00, whichever is greater.
2. For failure to file the additional disclosures required by Section 2082, the
greater of $100.00 per calendar day after the specified deadline, until the filing is
made, or $500.00, whichever is greater.
3. For all other violations, a sum not to exceed $2,500.00.
No civil action under this subsection E may be filed against a person if the criminal
prosecutor is maintaining a criminal action against that person pursuant to subsection A.
F. Private right of action - prerequisites. Any person, before filing a civil action pursuant
to subsection E, must first file with the City Attorney a written request for the City
Attorney to commence the action. The request shall include a statement of the grounds
for believing a cause of action exists. The City Attorney shall respond to the person in
writing, indicating whether he or she intends to file a civil action.
1. If the City Attorney responds in the affirmative and files suit within 120 days
from receipt of the written request to commence the action, no other action may
be brought unless the action brought by the City Attorney is dismissed without
prejudice.
2. If the City Attorney responds in the negative or fails to respond within 120
days from receipt of the written request to commence the action, the person
requesting the action may proceed to file a civil action upon receipt of the
response or 120 days from the City Attorney's receipt of the request, whichever
occurs first, and shall within 10 days of filing the complaint, serve a copy on the
City Attorney.
3. In any action brought pursuant to subsection E, above, the plaintiff shall be
entitled to retain 50% of the civil penalties recovered from the defendant and shall
deposit with the City Clerk for deposit into the City's general fund 50% of any
such penalties so recovered.
G. Injunctive relief. The City Attorney or a registered voter in the City may bring an
action to enjoin a violation of this Chapter or to compel compliance with a provision of
this Chapter
H. Attorneys fees and costs. In an action brought by the City Attorney to enforce the
provisions of this Chapter, costs and attorneys' fees shall be recoverable pursuant to
Section 2053. In any civil action brought by a City voter pursuant to subsection F.2 or G,
the prevailing party shall be entitled to recover from the other party his or her costs of
litigation, including reasonable attorney's fees.
I. Disqualification. In addition to any other penalties prescribed by law, if an official
receives a contribution in violation of this Chapter, the official shall not be permitted to
make, participate in making or in any way attempt to use his or her official position to
influence a governmental decision in which the contributor has a financial interest. The
provisions of Government Code Section 87100 et seq. and the regulations of the Fair
Political Practices Commission shall apply to interpretations of this subsection.
SECTION TWO.
The City Council shall review this Ukiah Campaign Reform Act within six
months after the November 2006 election to determine whether any changes should be
made.
SECTION THREE.
1. SEVERABILITY. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the ordinance and
the application of such provision to other persons or circumstances shall not be affected
thereby. The City Council hereby declares that it would have adopted this Ordinance
and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
2. EFFECTIVE DATE. This Ordinance shall be published as required by law in
a newspaper of general circulation in the City of Ukiah, and shall become effective thirty
(30) days after its adoption.
Introduced by title only on June 7, 2006, by the following roll call vote:
AYES: Councilmembers McCowen, Rodin, and Baldwin.
NOES: Councilmember Crane and Mayor Ashiku.
ABSENT: None.
ABSTAIN: None.
Adopted on
AYES:
NOES:
ABSENT:
ABSTAIN:
,2006 by the following roll call vote:
ATTEST:
Mark Ashiku, Mayor
Marie Ulvila, City Clerk
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