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ABLE TO WALK AROUND THE BLOCK FOR A FEW, YOU KNOW, LIKE THREE OR FOUR.[ CALL TO ORDER: Council Chamber INVOCATION: City Attorney Jones PLEDGE OF ALLEGIANCE: Mayor Pro Tem Espinoza ROLL CALL: Mayor Nigsarian Mayor Pro Tem Espinoza Councilmember Gomez Councilmember Medrano Councilmember Surich]
MILES HERE.ALL RIGHT, I'LL NOW CALL TO ORDER THE SPECIAL MEETING OF THE CITY COUNCIL, THE CITY OF LAHABRA OF MAY 6, 20, 24.
LET THE RECORD REFLECT THAT IT IS NOW 5:00 PM THAT ALL COUNCIL MEMBERS ARE PRESENT.
THE INVOCATION WILL BE GIVEN BY CITY ATTORNEY JONES, FOLLOWED BY THE FLAG S**T, LED BY MAYOR PROTE ESPINOZA.
ASK YOU TO PLEASE RISE THE BOW YOUR HEADS.
UH, DEAR HEAVENLY FATHER, WE'RE GRATEFUL FOR THE OPPORTUNITY TO GATHER THIS EVENING.
WE'RE GRATEFUL FOR THE WONDERFUL PEOPLE THAT SERVE OUR COMMUNITY, THE AMAZING RESIDENTS WE HAVE IN THIS COMMUNITY.
WE ASK YOU TO BLESS OUR CITY COUNCIL THIS EVENING IF THEY WILL LISTEN WITH OPEN HEARTS AND MINDS REGARDING THE PRESENTATION DURING THIS STUDY SESSION.
AND WE SAY THESE THINGS IN THY NAME.
PLEASE TURN IN FAITH, OUR NATION'S FLAG BEGIN.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
THANK YOU, CITY ATTORNEY JONES, AND THANK YOU MAYOR PRO TE ESPINOZA.
WILL THE CITY CLERK PLEASE CALL ROLL.
LET ME JUST, UH, ANNOUNCE BEFORE WE MOVE ON TO PUBLIC COMMENTS THAT THIS MEETING, UH, IS IN FACT BEING LIVE STREAMED ON THE CITY OF LAHABRA WEBSITE FOR THOSE INTERESTED.
AND I'D LIKE TO QUICKLY WELCOME OUR THREE COMMISSIONERS IN ATTENDANCE.
COMMISSIONER LIMAN, COMMISSIONER SCHMIDT, AND COMMISSIONER MECHA.
THANK YOU FOR JOINING US, FOLKS.
AND NOW WE'LL MOVE ON TO PUBLIC COMMENTS.
WHEN ADDRESSING THE LABOR CITY COUNCIL, PLEASE COMPLETE A SPEAKER'S CARD BEFORE LEAVING THE COUNCIL CHAMBER.
GENERAL PUBLIC COMMENTS SHALL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES FOR ALL PUBLIC COMMENTS.
UNLESS OTHERWISE, MODIFIED BY THE MAYOR OR CHAIR SPEAKING TIME MAY NOT BE GRANTED AND OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE SPEAKING TIME AND COMMENTS MUST BE KEPT BRIEF, NON-REPETITIVE, AND PROFESSIONAL IN NATURE.
THE GENERAL PUBLIC COMMENT PORTION OF THE MEETING ALLOWS THE PUBLIC TO ADDRESS ANY ITEM OF CITY BUSINESS NOT APPEARING ON THE SCHEDULED AGENDA.
PER GOVERNMENT CODE SECTION 5 4 9 5 4 0.3 A, SUCH COMMENTS SHALL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING.
IS THERE ANYBODY NOW WHO'D LIKE TO SPEAK DURING THE PUBLIC COMMENT PORTION ON ANY ITEM, NOT ON THE AGENDA OF THE SPECIAL MEETING.
IF SO, PLEASE STEP UP TO THE PODIUM.
SEEING NONE, WE'LL CLOSE, CLOSE PUBLIC COMMENTS.
[1. STUDY SESSION REGARDING SENATE BILL 1439 (SB 1439) That the City Council receive and file the Senate Bill 1439 (SB 1439) presentation conducted by Assistant City Attorney Keith F. Collins.]
SESSION ITEM STUDY SESSION REGARDING SENATE BILL 1 4 3 9 SB 1 4 3 9.GOOD EVENING COUNCIL, COUNCIL MEMBERS AND COMMISSIONERS.
I'M YOUR ASSISTANT CITY ATTORNEY AND THE CITY MANAGER HAS ASKED THAT I COME TONIGHT TO GIVE YOU A BRIEF STUDY SESSION AND AN OVERVIEW OF A NEW LAW THAT WAS PASSED IN THE STATE OF CALIFORNIA THAT CHANGES THE RULES WITH RESPECT TO CAMPAIGN CONTRIBUTIONS AND YOUR PARTICIPATION IN MATTERS THAT INVOLVE DONORS TO YOUR CAMPAIGNS.
UM, THIS LAW IS KNOWN AS SB 1439, AND IT APPLIES TO COMMISSIONERS AND OTHER ELECT ELECTED AND APPOINTED OFFICERS OF THE CITY.
UM, WHAT'S NEW IS THAT IT NOW APPLIES TO ELECTED OFFICIALS AND NOT JUST APPOINTED OFFICIALS.
UM, IF YOU HAVE NO AMBITIONS TO EVER RUN A CAMPAIGN OR EVER ACCEPT CAMPAIGN CONTRIBUTIONS, THIS BILL WOULDN'T APPLY TO YOU, BUT IT DOES APPLY TO ANYONE WHO WOULD, UM, RECEIVE CAMPAIGN CONTRIBUTIONS FOR AN ELECTED POSITION.
UM, AND I'M HAPPY TO ANSWER ANY QUESTIONS AS I GO ALONG.
FEEL FREE TO JUST SHOUT 'EM OUT.
IF YOU HAVE ANY EFFECTIVE JANUARY 1ST OF LAST YEAR, GOVERNMENT CODE SECTION 8 4 3 0 8 EXPANDS THE EXISTING REGULATIONS ON THE ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS THAT ARE IN EXCESS OF $250.
SO THAT'S OUR THRESHOLD, UM, FROM A SINGLE DONOR, $250 WHEN THOSE DONORS HAVE A MATTER THAT'S PENDING BEFORE THE AGENCY.
AND AS I MENTIONED, IT USED TO ONLY APPLY TO COMMISSIONERS THAT WERE APPOINTED, BUT THE LAW HAS BEEN EXPANDED TO NOW APPLY TO MEMBERS OF THE CITY COUNCIL WHO ARE ELECTED.
THE GENERAL RULE IS AS FOLLOWS, IF THE DONOR HAS A MATTER THAT'S PENDING BEFORE THE AGENCY OR IS EVEN A PARTICIPANT WITH A LEGAL INTEREST IN THE PROCEEDING, AND YOU AS THE OFFICIAL RECEIVE A CAMPAIGN CONTRIBUTION FROM THE DONOR IN EXCESS OF $250 IN THE PRIOR 12 MONTHS BEFORE THE DECISION,
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THEN YOU MUST FIRST PUBLICLY DISCLOSE THE CONTRIBUTION ON THE RECORD WHEN THE MATTER COMES UP BEFORE THE BODY AND THEN RECUSE YOURSELF AND NOT IN ANY WAY PARTICIPATE IN THE DECISION.ALSO, THE DONOR HAS AN AFFIRMATIVE DUTY TO DISCLOSE THEIR CAMPAIGN CONTRIBUTION ON THE RECORD.
AND THEN THE NEW RULE EXPANDS THE PRIOR THREE MONTH WINDOW AFTER THE DECISION TO BE AT FULL 12 MONTHS AFTER THE DECISION WHERE YOU CANNOT RECEIVE A CONTRIBUTION FROM A DONOR OR A PARTICIPANT IN THE DECISION FOR 12 MONTHS FOLLOWING YOUR DECISION.
SO THERE'S A, THERE'S A, A, A ONE YEAR WINDOW BEFORE THE DECISION WHERE YOU CAN'T ACCEPT THOSE CONTRIBUTIONS, AND THEN THERE'S A ONE YEAR WINDOW AFTER THE DECISION WHERE YOU CANNOT ACCEPT THOSE CONTRIBUTIONS.
YOU'D HAVE TO RETURN THOSE, AND THERE'S A WAY TO DO THAT.
SO, WHOSE RESPONSIBILITY IF, WHEN THE DONOR HAS TO DISCLOSE THE CONTRIBUTION, WHOSE RESPONSIBILITY IS THAT THE DONOR OR IS IT THE PERSON WHO RECEIVED IT AT THAT POINT? THERE'S TWO AFFIRMATIVE DUTIES IMPOSED BY THE LAW.
SO THE LAW IMPOSES A DUTY ON THE PUBLIC OFFICIAL.
AND IT'S UNCLEAR WHETHER OR NOT THAT DISCLOSURE WOULD SATISFY THE DONOR'S DUTY AS WELL.
CAN YOU LET ME ASK YOU A QUICK QUESTION? SURE.
ON THE YEAR FOLLOWING THE ACTION ON YOUR MIC, SORRY.
ON THE YEAR FOLLOWING THE ACTION, IF SOMEBODY MAKES A DONATION, YOU'VE ALREADY VOTED ON THE ITEM.
HOW DOES, HOW DOES THE, WHAT'S THE COUNCIL MEMBER'S RESPONSIBILITY? THERE'S A, THAT'S A GOOD QUESTION.
SO YOU CAN RETAIN THE, UH, CONTRIBUTION, LET ME JUST JUMP AHEAD HERE.
WELL, IF YOU'RE GONNA COME TO IT, JUST, THAT'S FINE.
UM, YOU CAN RETURN THE CONTRIBUTION MADE WITHIN 12 MONTHS.
IF YOU HAVE, UM, KNOWLEDGE OF THE CONTRIBUTION AND YOU RETURN IT WITHIN 14 DAYS, UM, THAT WOULD ALLOW YOU TO NOT VIOLATE THE STATUTE.
SO IF YOU GET A CONTRIBUTION FROM SOMEBODY THAT WAS A PARTICIPANT OR INVOLVED IN THE DECISION AFTER THE FACT, YOU CAN RETURN IT, UM, AND DISCLOSE IT AND NOT BE IN VIOLATION OF THE NEW LAW.
AND, AND KEITH, JUST TO, UM, FOR THE RECORD, UM, COMMISSIONER MECHA ASKED IF IT ALSO INVOLVED IN KIND DONATIONS, CORRECT? IT DOES, IT DOES.
KEITH, REAL QUICK ALSO, THE, THERE'S TWO OPTIONS, RIGHT? AND THE 12 MONTHS IN SUING AFTER THE DONATION RETURN THE DONATION, OR THERE'S AN OBLIGATION TO RECUSE YOURSELF FROM ANY DECISION INVOLVING THE DONOR.
IS THAT CORRECT? GOING FORWARD, BUT YOU'VE ALREADY MADE THE, THE DECISION, YOU'VE ALREADY PARTICIPATED IN THE DECISION AT THAT POINT IN, IN THAT CASE.
I MEAN, THERE'S NOTHING YOU CAN DO THE RIGHT.
SO YOUR OPTION, YOUR REQUIREMENT AT THAT POINT IS TO RETURN THE CONTRIBUTION SO AS TO NOT BE IN VIOLATION OF THE LAW.
SO YOU, YOU NEED TO RETURN THE CON THE CONTRIBUTION IF IT HAPPENED IN THE LAST 12.
THERE'S NO OPTION TO RECUSE YOURSELF.
YOU'RE SAYING THAT ALREADY HAPPENED, THAT VOTE ALREADY HAPPENED.
BUT GOING FORWARD, THAT'S THE OPTION.
YOU CAN EITHER GIVE THE MONEY BACK OR YOU RECUSE YOURSELF.
AND THAT'S, THAT'S WHY OUR ADVICE IS GOING TO BE TO ALL OF THE MEMBERS OF THE COUNCIL, IS TO BE VIGILANT AND MONITORING WHO IS DONATING TO YOUR CAMPAIGNS.
UM, THERE IS THE CHANCE THAT UNSCRUPULOUS DONORS WILL DONATE TO YOUR CAMPAIGN, UM, FOR THE PURPOSE OF REQUIRING YOU TO RECUSE YOURSELF.
UM, AND SO JUST KEEP AN EYE ON WHO'S DONATING YOU TO YOUR CAMPAIGNS, AND WHEN THE ITEMS COME UP ON THE AGENDAS, LOOK AT THEM VERY CLOSELY.
UM, PARTICIPANT DOESN'T MEAN JUST AN APPLICANT.
UM, THE DEFINITION OF PARTICIPANT IS ANYONE WHO HAS A LEGAL INTEREST IN THE MATTER.
SO IT COULD BE A NEXT DOOR NEIGHBOR, IT COULD BE A COMPETING BUSINESS TO SOMEONE THAT'S HAVING A CONTRACT FOR THE AGENCY.
SO THESE ARE THE KIND OF THINGS THAT YOU GOTTA BE AWARE OF.
SO, UM, IF WHEN YOU GIVE THE MONEY BACK AND THE DECISION HAS NOT BEEN MADE, SO YOU CAN RECUSE YOURSELF, OR NO, ONCE YOU GIVE THE MONEY BACK, YOU CAN VOTE YES.
BUT YOU HAVE TO GIVE THAT MONEY BACK IN A TIMELY MANNER.
30 DAYS, YOU HAVE 30 DAYS TO GIVE IT BACK.
30 DAYS TO GIVE IT BACK, UM, FROM THE DATE THAT YOU KNOW, YOU GOT THE DONATION OR WHEN YOU SHOULD HAVE KNOWN YOU GOT THE DONATION.
SO THERE'S A, A, A REASONABLE STANDARD, UM, FOR YOU TO KEEP TRACK OF THESE DONATIONS AND WHO THEY'RE FROM IN ORDER FOR YOU TO HAVE THAT 30 DAY WINDOW TO RETURN IT.
NOW, WHAT DECISIONS ARE AFFECTED ALL DECISIONS AFFECTING AN APPLICATION FOR A LICENSE PERMIT OR OTHER ENTITLEMENT FOR USE? SO THIS MEANS THAT ALL BUSINESS PROFESSIONAL TRADE AND LAND USE LICENSES AND PERMITS AND ALL OTHER ENTITLEMENTS FOR USE, INCLUDING ALL ENTITLEMENTS FOR LAND USE.
SO ANY LAND USE MATTERS THAT COME BEFORE YOU, DONATIONS FROM ANYONE INVOLVED IN THOSE DECISIONS IN EXCESS OF $250 FOR THE YEAR, UM, NEED TO BE RETURNED OR YOU CAN'T PARTICIPATE.
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MARKET DECIDES TO PULL A SPECIAL EVENTS PERMIT.DOES THAT FALL UNDER THAT AS WELL? IT, IT WOULD.
THIS ALSO APPLIES TO CONTRACTS, UH, VENDOR CONTRACTS FOR THE CITY THAT IS IN EXCESS OF THE CITY MANAGER SPENDING AUTHORITY THAT COME BEFORE THE CITY COUNCIL FOR APPROVAL.
UH, CONTRACTS OTHER THAN COMPETITIVELY BID OR LABOR OR EMPLOYMENT CONTRACTS, UM, FRANCHISE AGREEMENTS WOULD QUALIFY.
UM, THESE ARE THE KIND OF CONTRACTS THAT YOU HAVE TO BE LOOKING FOR TO SEE IF ANYBODY INVOLVED OR A PARTICIPANT IN THOSE MATTERS HAVE DONATED TO YOUR CAMPAIGNS.
SO IT'S NOT JUST LAND USE ENTITLEMENTS AND APPLICATIONS, IT'S ALSO CONTRACTS, BUT THESE ARE JUST PERMITS.
FOR INSTANCE, IN IN COUNCIL MEMBER GOMEZ IS, UH, EXAMPLE, IF THAT SPECIAL EVENT PERMIT WERE TO COME TO COUNCIL, THIS WOULD TRIGGER, BUT IF THAT'S SOMETHING THAT'S ADMINISTRATIVELY PROCESSED BY THE CITY, IT WOULD NOT.
THAT'S, THAT'S AN IMPORTANT CLARIFICATION.
UH, THE, THE MATTERS THAT COME BEFORE THE COUNCIL FOR YOUR OFFICIAL ACTION AS A BODY ARE THE DECISIONS THAT WERE DISCUSSING.
UM, IF THEY'RE HANDLED AT THE ADMINISTRATIVE LEVEL AND YOU HAVE NO INVOLVEMENT, THEN THAT WOULD NOT CREATE A CONFLICT.
AND THERE ARE SOME EXCEPTIONS TO THIS RULE.
OF COURSE, I'VE GIVEN YOU THE GENERAL RULE, BUT THERE ARE EXCEPTIONS IF YOU LACK ACTUAL OR CONSTRUCTIVE KNOWLEDGE.
IF, IF, IF THESE DONATIONS ARE MADE IN PSEUDONYMS, UM, SHELL CORPORATIONS AND THERE'S NO REASONABLE WAY FOR YOU TO HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT THIS PARTICIPANT OR THIS APPLICANT MADE THE DONATION, THEN, THEN YOU WOULD NOT BE IN VIOLATION OF THE LAW.
UM, THERE ARE SOME GUIDELINES AS TO WHEN THE LAW DEEMS THAT YOU HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE, AND, AND THAT'S LISTED FOR YOU THERE IN 18 438 0.7 OF TITLE TWO OF THE CODE OF REGULATIONS.
UM, AND YOU'RE STILL ALLOWED TO PARTICIPATE AND EXERCISE YOUR AUTHORITY AS A COUNCIL MEMBER IF YOU RETURN THAT CONTRIBUTION IN EXCESS OF $250 WITHIN 30 DAYS OF KNOWING OR SHOULD HAVE, KNOWING THAT YOU RECEIVED IT.
AND THEN AFTER THE DECISION IS MADE, IF YOU GET A CONTRIBUTION FROM A PARTICIPANT, YOU HAVE 14 DAYS TO RETURN IT, AND THEN YOU CAN STILL STAY, UM, LEGALLY COMPLIANT.
SO THAT CONCLUDES MY PRESENTATION.
I DIDN'T THINK IT WOULD TAKE ME VERY LONG, BUT IF YOU HAVE OTHER QUESTIONS, I'M HAPPY TO ANSWER THEM.
ANY QUESTIONS FOR MY COLLEAGUES? KEITH? UH, UH, I HAVE ONE.
UM, WHEN THE, UM, COUNCIL MEMBER RECEIVES THE MONEY AND THEY GIVE NOTICE THAT THEY HAVE RECEIVED THIS MONEY.
NOW, IT'S ALSO THE SECOND PART IS THE DONOR OR THE PERSON THAT HAS GIVEN THE MONEY THEY NEED TO DO, THEY PUBLICLY REPORT THAT.
HOW, HOW, I MEAN, I KNOW WHAT WE'RE GONNA BE DOING, BUT DURING THE COUNCIL ITEM, UH, PUBLIC COMMENT, UM, IF IT'S A PUBLIC HEARING, THEY WOULD SPEAK DURING THE PUBLIC HEARING AND THEY WOULD DISCLOSE THAT I'VE DONATED THIS AMOUNT OF MONEY TO THIS COUNCIL MEMBER.
UM, AND THEY HAVE THAT AFFIRMATIVE LEGAL DUTY TO DO THAT IN ADDITION TO THE COUNCIL MEMBER RECEIVING IT.
WHAT IF THEY DON'T, THEN THEY'RE IN VIOLATION OF THE LAW.
'CAUSE WE'VE AT, AT THIS POINT, WE'VE ESTABLISHED AND WE HAVE, YOU KNOW, MADE IT KNOWN THAT WE HAVE RECEIVED THAT MONEY, THEN YOU'RE LEGALLY COMPLIANT AND, AND YOU CAN SLEEP WELL AT NIGHT WHETHER OR NOT THE DONOR COMPLIES WITH THE LAW.
UM, I'VE BEEN WORKING WITH THE CITY CLERK TO PUT LANGUAGE IN THE AGENDAS, JUST TO REMIND YOU OF THIS.
EACH TIME THERE'S GONNA BE A SPECIAL REMINDER.
SO THAT WAY, OBVIOUSLY I'M GIVING THIS TO YOU TONIGHT, UM, BUT IT MAY PASS WITH THE OTHER CONCERNS THAT YOU HAVE.
AND SO THE AGENDA WILL CONTAIN LANGUAGE.
JUST TO REMIND YOU OF THIS EACH TIME TO BE CHECKING THE ITEMS FOR POTENTIAL CONFLICTS.
WHAT ARE THE PENALTIES IN THE EVENT THAT SOMETHING DOES HAPPEN? CIVIL, UH, CIVIL PENALTIES, UM, VIOLATIONS OF THE POLITICAL REFORM ACT, UM, CAN SUBJECT YOU TO CIVIL INJUNCTION.
UM, DECISIONS COULD BE VOIDED THAT THE, THE COUNCIL MAKES IF A MEMBER PARTICIPATES WHEN THEY SHOULDN'T.
SO WHO'S THE ENFORCING AGENCY? THE FPPC? THE DA F-F-P-P-C.
FAIR POLITICAL PRACTICE TO I DIDN'T HEAR.
SO KEITH, IF THE, SO THE, THESE ENFORCEMENT ACTIONS, OR THE REQUIREMENTS FOR COUNSEL IS WHEN THEY TAKE ACTION ON AN ITEM BROUGHT BEFORE THEM FOR A CONTRACT, FOR INSTANCE, OR AN AGREEMENT OR PERMIT.
WHAT ABOUT, UM, FOR THE ACTUAL PAYMENT TO VENDORS, FOR INSTANCE, WE HAVE A WARRANT LIST ON EVERY ONE OF OUR AGENDAS THAT LISTS PAGES AND PAGES OF CHECKS TO DIFFERENT VENDORS, DIFFERENT CONSULTANTS, DIFFERENT GROUPS.
AND THOSE PAYMENTS MAY INCLUDE TO VENDORS THAT MAY OR MAY NOT HAVE DONATED TO COUNSEL.
BUT THOSE PAYMENTS ARE ON THE, AFTER AN AGREEMENT HAS ALREADY BEEN PUT IN PLACE.
AND IT'S MY UNDERSTANDING THAT THE WARRANT REGISTER IS A RECORD OF PAYMENTS THAT HAVE ALREADY BEEN MADE.
UNDER YOUR AUTHORITY AND NOT THE COUNSEL'S? THAT'S CORRECT.
AND SO IN THOSE SITUATIONS, UM, THERE'S NO DECISION BEFORE THE COUNCIL, YOU'RE JUST APPROVING THE ADMINISTRATIVE ACTIONS OF THE CITY MANAGER.
AND SO THAT WOULD NOT TRIGGER SB 1439.
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AS FAR AS YOUR WAY, KEITH, ARE THERE ANY, UH, LEGAL CHALLENGES TO THIS LAW? IS THERE ANY ONGOING COURT CASE THAT MIGHT ALTER CHANGE OTHERWISE AFFECTED? NO.AND THE TRENT HAS BEEN TO REQUIRE MORE TRANSPARENCY AND, AND SO I DON'T ANTICIPATE COURTS BEING, UM, SYMPATHETIC TO ANY ARGUMENTS TO RESCIND THIS, BUT I COULD BE WRONG.
SO, JUST OUTTA CURIOSITY, DO THESE LAWS, UM, PERTAIN TO ASSEMBLY PEOPLE, STATE SENATORS AND THE PEOPLE THAT KIND OF TRICKLE THIS STUFF DOWN TO US? JUST OUTTA CURIOSITY? I I BELIEVE THEY DO.
UM, THIS PARTICULAR SECTION APPLIES TO LOCAL AGENCIES, BUT I, I I THINK THERE ARE, WE DON'T HAVE VERY MANY STATE, UH, AGENCY CLIENTS.
CAN WE GET CLARIFICATION? I, I'M KIND OF CURIOUS IF SURE.
APPLIES LAWS ONLY APPLY TO US, OR IF THEY'RE GONNA APPLY IT TO THEMSELVES AS WELL.
UH, GOVERNMENT CODE 8 4 3 0 8 ONLY APPLIES TO LOCAL AGENCIES.
BUT I'M, I CAN RESEARCH WHETHER THERE ARE SIMILAR PROHIBITIONS ON STATE OFFICIALS.
NO, I'M ALMOST POSITIVE THAT IT DOESN'T APPLY TO, LIKE IT DOES NOT APPLY TO THEM.
THAT'S WHAT I WANTED TO FIND OUT.
'CAUSE I MEAN, HERE THEY'RE TYING OUR HANDS BEHIND OUR BACK, BUT THEY'RE GETTING MONEY HAND OVER FIST UP THERE IN SACRAMENTO.
SO WHY DO YOU TIE OUR HANDS THAT ARE LOCAL THAT WE'RE REALLY, REALLY HITTING AND POUNDING THE PAVEMENT? BUT YOU'RE UP THERE OUTTA SIGHT, OUTTA MIND AND, YOU KNOW, YOU, YOU TIE OUR HANDS.
SO I'D LIKE TO FIND OUT IF THEY ARE LIMITED WITH CONTRIBUTIONS AS WELL.
THEY'RE, THEY'RE EXEMPT FROM ALL THOSE THINGS.
THERE IS, THERE IS A SIGNIFICANT EX, UH, EXCEPTION HERE, AND THAT IS WITH RESPECT TO LABOR CONTRACTS AND THOSE NEGOTIATIONS, UH, THOSE INDI THOSE ENTITIES ARE NOT SUBJECT TO THIS CODE SECTION.
WELL, I'M CURIOUS TOO, BECAUSE THE IDEA BEHIND THIS IS TO ENSURE OR IMPROVE TRANSPARENCY, BUT ISN'T IT TRUE THAT IN A LOT OF CASES IN LOCAL RACES, THIS WILL DRIVE CONTRIBUTORS TO DONATE THROUGH PACS POLITICAL ACTION COMMITTEES, WHICH IS PERMITTED, AND IN FACT, NOW TAXPAYERS HAVE EVEN LESS OF AN IDEA WHERE THIS MONEY'S COMING FROM.
ISN'T THAT INHERENTLY TRUE? YEAH.
SB FOUR THING 1439 DOES NOT APPLY TO POLITICAL ACTION COMMITTEES UNLESS THE POLITICAL ACTION COMMITTEE IS AN APPLICANT OR A PARTICIPANT IN A MATTER BEFORE THE COUNCIL.
SO IT'S HARDER AND HARDER TO TELL WHERE THE MONEY IS COMING FROM AFTER THE PASSAGE OF THIS LAW.
FAIR TO SAY, IF IT GOES, IF, IF IT IN FACT DOES WHAT YOU, WHAT YOU'RE ALLUDING TO, THAT IT GOES THROUGH THE, THE PAX INSTEAD OF DIRECTLY TO THE CANDIDATE.
LET ME, UH, LET ME START OFF BY SAYING THANK YOU FOR THE, UH, FOR THE PRESENTATION.
UH, BE I DON'T, BECAUSE I DON'T WANNA MAKE IT SEEM LIKE I'M SHOOTING A MESSENGER, SO TO SPEAK, UH, WHEN I, YOU KNOW, WHEN I GO FORWARD WITH MY COMMENTS.
UH, BUT, UH, SINCE IT IS BEING TELEVISED, UH, I'M ALL FOR TRANSPARENCY.
UH, BUT I ALSO THINK THAT, UH, IT SHOULD PERTAIN TO THOSE ABOVE US, SO TO SPEAK, UH, ASSEMBLY STATE, SENATE, UH, AND, UH, YOU KNOW, UP TO THE GOVERNOR, UH, YOU KNOW THAT ALL EACH AND EVERY ONE OF THESE THINGS SHOULD APPLY.
UH, ANOTHER POINT I WANNA MAKE IS TO OUR, UH, OUR RESIDENTS SO THEY PAY ATTENTION AND SO THEY UNDERSTAND WHAT'S GOING ON.
I, IT JUST MAKES THE, THE PLAYING FIELD THAT MUCH MORE EVEN.
UH, AND, UH, IT'S INCUMBENT UPON EACH ONE OF US TO GO OUT AND KNOCK ON DOORS, UH, YOU KNOW, WHICH IS SOMETHING I ADVOCATE FOR, TO GET TO KNOW OUR RESIDENTS.
UH, BUT THE OTHER THING IS, IS IF I'M NOT OUT OF LINE, UH, IN SAYING THIS OR COMMUNICATING TO MY, UH, MY COLLEAGUES, THIS IS THAT WE, UH, WE FIND A WAY TO, UH, TO MAKE THIS, UH, THIS EQUALLY ACCOUNTABLE, UH, TO THESE OTHER STATE, UH, LEGISLATORS AND, UH, THAT WE EXERCISE OUR POWER.
IF THERE'S ANY, UH, WITHIN THE, UH, LEAGUE OF CALIFORNIA CITIES AND OTHER ADVOCACY GROUPS, UH, THAT, UH, YOU KNOW, THAT, UH, THAT EITHER ARE EMPLOYED BY THE CITY OR THAT, UH, THAT WE ARE IN TOUCH WITH, I THINK IT'S VERY IMPORTANT IN THAT, UH, WHY, WHY DON'T YOU MAKE A MOTION TO, UH, HAVE IT AGENDIZED AND MAYBE WE CAN DO A RESOLUTION FROM OUR STANDPOINT AND PUSH IT FORWARD.
IF I CAN MAKE THAT MOTION, I'LL SECOND THAT.
WE'LL BRING SOMETHING FORWARD TO COUNCIL.
AND I, I JUST, I, I, I THINK IT'S IMPORTANT IN THAT EACH, EACH ONE OF US UP HERE, UH, UH, PERSONALLY SPEAKS TO EACH ONE OF OUR ASSEMBLY PEOPLE THAT, UH, THAT REPRESENT, UH, LAHABRA AND, UH, EACH ONE OF OUR STATE SENATORS, UH, THAT, UH, THAT, THAT DOES REPRESENT US.
AND, AND GO ABOVE AND BEYOND THAT ANYTIME WE ARE, UH, AT ANY OF THESE, UH, UH, CONFERENCES, UH, YOU KNOW, THAT WE GO TO, WHETHER THEY'RE IN, UH, SANTA BARBARA, SAN DIEGO, HAVING TO DO WITH THE LEAGUE OF CALIFORNIA CITIES, ANYTIME WE'RE UP IN SACRAMENTO, UH, THAT WE ADVOCATE FOR THAT BECAUSE I'M, I MEAN, I'M GOOD WITH IT.
I'M, I'M NOT GONNA HIDE BEHIND IT.
IF, UH, IF $249 IS THE LIMIT, SO BE IT, UH, YOU KNOW, WE'LL, UH, WE'LL CAMPAIGN ACCORDINGLY.
UH, AGAIN, NOT AFRAID, UH, BUT, UH, I THINK, UH, I THINK THIS IS AN EYEOPENER AND THIS IS WHERE OUR RESIDENTS SHOULD REALLY PAY ATTENTION, UH, TO HOW, UH, HOW THIS STATE IS GOVERNED.
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UH, IT'S VERY, VERY, VERY IMPORTANT.SO AGAIN, KEITH, THANK YOU, APPRECIATE YOUR TIME.
I'LL ADD TO THAT IT'S TWO, UH, TWOFOLD HERE WITH THIS.
AGAIN, IT'S, THE PLAYING FIELD IS NOT LEVEL IN THE SENSE THAT IT'S ONLY THE LOCAL OFFICIALS.
IT'S NOBODY ABOVE US, NUMBER ONE.
AND NUMBER TWO, YES, IT'S DRIVING MONEY DEEPER UNDERGROUND.
SO THAT'S THE MESSAGE WE SHOULD BE, YOU KNOW, COMMUNICATING TO OUR ASSEMBLYMEN AND STATE SENATORS AND BEYOND THE, THE BOTH HOUSES OF THE LEGISLATURE, IS THAT IT'S NOT ONLY NOT ACCOMPLISHING ITS PURPOSE, IT'S ACTUALLY OBSCURING THE TRAIL OF MONEY.
AND IT ALSO IMPLIES BY DEFINITION OF THIS LAW THAT IT'S ONLY LOCAL GOVERNMENT THAT MIGHT LIKELY ABUSE THEIR AUTHORITY AND DISCRETION BY TAKING LARGE AMOUNTS OF MONEY AND VOTING ACCORDINGLY.
THAT WOULD NEVER HAPPEN WITH AN ASSEMBLYMAN OR A STATE SENATOR, WHICH IS KINDA SLIGHTLY INSULTING.
BUT ANYHOW, I I AGREE WITH COUNCIL MEMBER MADANO IS THAT, BUT THERE, THOSE ARE THE TWO ANGLES THAT I THINK WE SHOULD BE COMMUNICATING TO THOSE, YOU KNOW, ABOVE US.
IT, UH, IT, IT, IT REALLY DOES AFFECT LOCAL CONTROL AND, AND HOW WE, UH, HOW WE MAKE DECISIONS.
ALTHOUGH, I MEAN, THEORETICALLY, AND, UH, AND BY VIRTUE OF, UH, WHAT THE, UH, PRINCIPLES OF WHAT OUR COUNTRY SUPPOSEDLY STANDS ON, IS THAT WE SHOULD BE MAKING THEM INDEPENDENT OF, UH, ANYONE THAT DONATES TO OUR CAMPAIGNS, QUITE FRANKLY.
UH, YOU KNOW, KEEPING, KEEPING IN THE SPIRIT OF THAT IS, UH, IS, IS WHAT I THINK, BUT IT DOES, IT DOES TAKE SOME LOCAL CONTROL AWAY.
AND THAT'S WHAT, UH, OUR RESIDENTS SHOULD BE LOOKING AT, IS HOW SACRAMENTO IS TAKING AWAY LOCAL CONTROL.
AND THAT'S ANOTHER WAY THAT'S SHAMEFUL.
ANYBODY ELSE? SO WHEN, UM, SOMEONE IS RUNNING FOR AN OFFICE, LET'S JUST SAY FOR A CITY COUNCIL AND THEY'RE RECEIVING MONEY FROM A, UM, A PACK ACCOUNT.
UM, SO THEY DON'T HAVE TO DISCLOSE WHERE THAT MONEY CAME FROM, THAT JUST GOES AUTOMATICALLY.
I MEAN, AS, AS A NEW, THERE ARE CAMPAIGN DISCLOSURE REQUIREMENTS IN GENERAL THAT APPLY TO ALL, UM, CANDIDATES FOR OFFICE.
SO WE WOULD BE DISCLOSED ON THOSE FORMS THAT ARE STANDARD OPERATING PROCEDURE FOR ANY CAMPAIGN.
I THINK THE ANSWER IS THAT YOU HAVE TO DISCLOSE THE FACT YOU RECEIVE MONEY FROM A POLITICAL ACTION COMMITTEE, BUT WHERE THE VARIOUS SOURCES OF THAT MONEY, HOW IT FLOWED INTO THAT PACK ARE KIND OF UNKNOWN.
IT COULD COME FROM ANY NUMBER, INFINITE NUMBER OF SOURCES, BUT YOU HAVE TO REPORT ON YOUR FOUR 60 THAT YOU RECEIVED THE PAC MONEY FOR SURE.
ALRIGHT, ANYBODY ELSE HERE? YEAH.
BUT FOLLOWING UP ON, ON COUNCIL MEMBER SEARCH'S COMMENT.
SO IF SOMEONE'S RUNNING FOR COUNCIL AND IS NOT ON COUNCIL AND THEY RECEIVE DONATIONS FROM DONORS IN EXCESS OF $250, IF THEY GET ELECTED, THEN THOSE DONATIONS IMPACT THEIR DECISION MAKING FOR THE FOLLOWING 12 MONTHS, CORRECT? CORRECT.
UH, DO ANY OF OUR COMMISSIONERS IN THE BACK HAVE ANY QUESTIONS OR COMMENTS? I JUST WANNA BE CLEAR THAT THERE, THERE'S NO ANALOG OF THIS OR OTHER LEVELS OF GOVERNMENT.
THERE'S NO ANALOG AT ALL, OR IS IT JUST THIS ONE THAT DOESN'T APPLY? GOVERNMENT CODE SECTION 8 4 3 0 8 ONLY APPLIES TO LOCAL AGENCIES.
AND WE'RE GONNA RESEARCH HOW HIGH IT GOES.
OH, IT'S JUST LOCAL ASSUMPTION AT ALL.
THEY WOULD, I WOULD THINK THEY'D BE, YOU WANNA MAKE SURE THAT THERE ISN'T RIGHT.
YOU KNOW, COMING FORWARD, BUT YEAH, DEFINITELY TRUE.
IT SHOULD, EVERYBODY SHOULD HAVE TO BE TRANSFERRED.
SO THIS, UH, STUDY SESSION REQUIRES A, UH, UH, WELL SHOULD HAVE A MOTION TO, UH, FILE AND RECEIVE.
SO MAKE A MOTION TO RECEIVE AND FILE.
OH, THE SCREEN IS SHOWING ME THAT IT'S WAITING FOR VOTES THAT, WHO ARE THEY ENTERED? SHALL I DO A ROLL CALL VOTE? SURE.
COUNCIL MEMBER, SIR RICH? YES.
THE, THE MEETING IS NOW ADJOURNED TO MONDAY, MAY 6TH, 2024 AT 5:30 PM IN THE CITY COUNCIL.
CLOSED SESSION ROOM ONE 12 C 100 EAST LAHABRA BOULEVARD, FOLLOWED BY THE REGULAR MEETING AT 6:30 PM IN THE CITY COUNCIL CHAMBER.
AND THANK YOU VERY MUCH, KEITH, FOR EVERYTHING.