TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Quinn Barrow, City Attorney
Liza Tamura, City Clerk
Alexandria Latragna, Management Analyst
SUBJECT:Title
Consider Adopting an Urgency Ordinance and Second Reading of Ordinance No. 20-0006 to Prohibit the Use of City Resources for Campaign Activity, Restrict use of City Facilities within 90 Days of an Election, Adjust the Donation Limit to $300, and Make Campaign Finance Provisions and Definitions Consistent with Changes in State Law (City Attorney Barrow and City Clerk Tamura).
a) ADOPT URGENCY ORDINANCE NO. 20-0006-U
b) ADOPT ORDINANCE NO. 20-0006
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 20-0006-U and Ordinance No. 20-0006 prohibiting the use of City resources for campaign activity, restricting political activity in and on City facilities within 90 days of an election, adjusting the campaign contribution limit to $300, and making the campaign finance provisions and definitions consistent with changes in state law.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
On June 30, 2020, City Council introduced Ordinance No. 20-0006 prohibiting the use of City resources for campaign activity, restricting political activity in and on City facilities within 90 days of an election, adjusting the campaign contribution limit to $300, and make campaign finance provisions and definitions consistent with changes in state law.
A second reading of Ordinance No. 20-0006 would not be effective until August 21, 2020, after campaigning is likely to have begun for City candidates. As a result, City Council directed staff to return with an urgency ordinance. The operative provisions of the Urgency Ordinance are identical to the non-urgency ordinance. Accordingly, the ordinances will be referred to as “the ordinance” herein. If adopted tonight, the urgency ordinance would be effective today, and in place before campaign commences for local candidates.
DISCUSSION:
The proposed ordinance addresses the use of City resources by anyone for campaign activity, political activity of City officials (e.g. elected and appointed officials, commissioners, board members, employees, and any volunteer), campaign contribution limits, and the consistency with state law.
The proposed ordinance is designed to supplement state laws in a manner consistent with those laws to:
• Assure that individuals and interest groups in our society have a fair and equal opportunity to participate in the governmental process.
• Maintain an equal playing level, so that persons do not use their status as City officials or former City officials in an effort to take advantage of such status.
• Help restore public trust in governmental and electoral institutions and eliminate corruption and the appearance of corruption in City elections.
• Encourage a broader participation in the political process by maintaining limits on the amount any person may contribute or otherwise cause to be available to candidates for election to City Council or City Treasurer.
Prior to first reading on June 30, 2020, City Council amended the draft ordinance to increase the campaign contribution limit to $300 and prohibit the use of City facilities within 90 days of an election. As shown in the attached “tracked” version, the ordinance includes the increase and a content-neutral limit on the use of City facilities before an election. The City will not accept reservations for the Manhattan Beach City Council Chambers, Police/Fire Conference Room, Joslyn Community Center, Scout House, or Manhattan Beach Art Center, within the 90-day period prior to any election date for: (1) elections held by the City of Manhattan Beach or Manhattan Beach Unified School District; (2) elections held by the County of Los Angeles or the State of California on ballot measures or for persons representing Manhattan Beach; or (2) federal elections to elect the President of the United States or California representatives to the United States Congress that represent Manhattan Beach.
Please note, the proposed ordinance provides that event reservations previously accepted by the City prior to July 21, 2020, be excluded from this prohibition, as to maintain consistency with historic uses of City facilities. There are a number of private groups that have used City facilities on a regular basis. Pursuant to section D, they can continue such historic use.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has approved Urgency Ordinance No. 20-0006 and Ordinance No. 20-0006 as to legal form.
ATTACHMENTS:
1. Urgency Ordinance No. 20-0006-U
2. Ordinance No. 20-0006
3. Ordinance No. 20-0006 (Redline Version)