City Council Meeting Features Animated Debate Over Local Election Ordinance

Dominating the Aug. 15, 2017, Coronado City Council meeting was the consideration of changes to portions of the city’s municipal code relating to campaign contributions. Of the three-hour and 36-minute meeting, nearly an hour was spent by the council on this topic. It just seemed longer. Mayor Richard Bailey participated in the meeting via telephone conference call from Buena Vista, Colorado. Mayor Pro Tempore Bill Sandke presided over the session.

Introduction to the campaign ordinance was made by City Attorney Johanna Canlas. Noting at the outset that the city’s campaign law had not been updated since 1994, she said changes were necessary to reflect current laws and changes to case law. Canlas also noted that local agencies, meaning the city of Coronado, can establish their own regulations. Among the proposed changes to the Coronado Municipal Code relating to elections are the following:

• Raising the limit on home or office fundraisers for meet-and-greets to $500, a level that reflects state law. The current Coronado ordinance limits the amount to $100.

• Political parties, meaning any organization qualified to participate in a primary election in the state of California, cannot be limited in their contributions to candidates.

• The ways to make monetary contributions to candidates will now include checks or credit cards only. The same reporting documentation required of candidates for checks now would extend to include credit cards. Electronic payments are still not allowed, although that was a source of considerable discussion during the council meeting.

• Contributions are limited to $200 per person, per election. The current regulation is $200 per year.

• Spouses are two separate individuals for purposes of the contribution limits.

Another proposed change reflected in the staff report was to have online filing of campaign contributions available. Currently state-required contribution forms and expense forms are available at the city clerk’s office.

After Canlas’ presentation and some questions from the councilmembers, public discussion followed. Harold Myers spoke on behalf of the continued need for an election special counsel, which functions as an independent entity, not controlled by the city council or the city attorney.

The discussion ramped up considerably with the next speaker, Brad Gerbel, who expressed the thought that limiting campaign contributions to checks was unconstitutional and in violation of the First Amendment. His theory was that the city’s checks-only contribution policy forced younger voters to buy something, paper checks in this case, in order to exercise their First Amendment rights to support the candidate of his or her choice. Gerbel, who served as Bailey’s campaign manager during the 2016 election, then spoke against the concept of the election special counsel and blamed the estimated $36,000 city expenditure paid to the special counsel on complaint filings made by Myers, who strenuously objected to the characterization.

Not to put too fine a point on this portion of the debate, because this issue was covered extensively at the time by this publication, but Gerbel neglected to stipulate that the first campaign complaint of the 2016 local election was filed by Bailey against his own campaign committee “Richard Bailey for Mayor 2016.” The complaint by Myers was filed a few days later.

During the city council portion of the proceedings, Councilmember Carrie Downey, who ran against Bailey for mayor in 2016, said that she had an inquiry filed against her. In one of the lighter moments during this agenda item, Sandke congratulated Downey for the elevation in her street cred due to the filing against her.

Marvin Heinz, who was a city council candidate in 2016, spoke during public comment and said, “The goals of the ordinance should be to maximize transparency on contributions. Second, we should maximize public participation. Contributions should be easy. Credit cards are the easy way and you can keep a record. We should keep the costs minimal for a small community and make it easy to run for public office. We should keep the $200 contribution limits, because that helps people who want to participate.”

Bailey expressed the thought that the city weren’t election experts and continued with the theme that some of existing city regulations were unconstitutional. He agreed with the transparency that would be found in on-line contribution reports. Bailey then spoke against the concept of the election special counsel, saying, “I don’t know how much taxpayers were billed, but that was not necessary.” He said the California Fair Political Practices Commission (FPPC) provides the same service and added, “I think we should go in that direction.”

Councilmember Whitney Benzian confirmed that this was the first reading of the ordinance, which would be brought back for a final vote next month. Councilmember Mike Donovan said, “I am okay with where we are on the staff recommendation. We are a small town and I don’t think we should throw this to the FPPC. They have more on their plate than to watch a town of 25,000. I want to maintain the same level of enforcement we have now. Credit cards are good additions, but it places more of a burden on the candidate. I am very happy with the presentation and the changes we have before us right now.”

Councilmember Carrie Downey presented her thoughts by saying, “As someone who actually has gone through more elections than all of you combined, I do have some thoughts. The first is though, I love when non-lawyers throw out being unconstitutional as the reason why we shouldn’t do anything. It is not, and I repeat it is not, unconstitutional to require checks only. I am very much in support of allowing credit cards, so don’t misunderstand me. But sometimes the enthusiasm and the desire to get things through, people like to throw out that things are unconstitutional. Unless it’s in the words there in the Constitution, it’s not appropriate to say it’s unconstitutional.”

Downey added later, “I am happy with the current regulations and the limits we have. I want to keep it local. Normally we have never spent more in an election campaign that we can possibly make in a four-year term. I am happy to move the staff recommendation.”

Sandke, who seconded Downey’s motion said during council comment that he didn’t want to see any changes in the election special counsel. Sandke said, “The cost of transparency (estimated by City Manager Blair King at $20,000 for software purchase and $10,000 annually for ongoing costs) at first blush for me is worth it. I’m compelled to support the campaign limits. Why pay $15,000 for a seat that pays $400 a month. I’m encouraged with the direction this is going. The changes we are proposing go a long way. There are zero political contribution limits on parties. The door is wide open.” The vote to adopt the campaign ordinance was 5-0.

In other city council business:

• During the Oral Communications portion of the agenda, four people spoke to the council on behalf of the city of Coronado joining the city of Imperial Beach in their proposed lawsuit against the International Boundary and Water Commission (IBWC) over sewage which emanates from Mexico. It was reported, though not confirmed, that the council considered the request during the closed session portion of their meeting.

• In a lengthy public hearing, the city council voted 3-2 to allow for a variance relating to parking for the residence located at 705 D Avenue, owned by Frank and Connie Spitzer. Bailey, Benzian and Downey voted in favor of the variance, with Sandke and Donovan voting against. Sandke wasn’t comfortable with the potential of a residential density increase and Donovan cited the limited amount of parking available in the immediate area as concerns.

• From an original field of eight applicants, the city council appointed Brenda Jo Robyn and Rainier Trinidad to the Library Board of Trustees.

• The council voted unanimously to spend $95,000 for an assessment and improvement plan report on the city’s Financial Control Technology System. The professional services agreement is to be with ClientFirst Consulting Group.

• The council unanimously approved the recommendation of the Cultural Arts Commission for the 2017-18 Orange Avenue Corridor street light pole banner design and installation schedule. Discover Coronado, formerly known as the Coronado Tourism Improvement District, provided $30,000 to cover all the costs associated with the banner program.

The next meeting of the Coronado City Council will be held Tuesday, Sept. 5, 2017, at 4 p.m. Council meetings are held at Coronado City Hall, located at 1825 Strand Way in Coronado.