HomeMy WebLinkAboutItem 6d. O-1733 Second Reading to amend SLOMC Chapter 2.40.040 (Contribution Limitations) to lower the limit from $300 to $250 Item 6d
Department: Administration
Cost Center: 1021
For Agenda of: 3/5/2024
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Megan Wilbanks, Deputy City Clerk
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1733 (2024
SERIES) TO AMEND MUNICIPAL CODE CHAPTER 2.40.040
(CAMPAIGN CONTRIBUTION LIMITATIONS)
RECOMMENDATION
Adopt Ordinance No. 1733 (2024 Series) entitled, “An Ordinance of the City Council of the
City of San Luis Obispo, California, amending Chapter 2.40.040 of the Municipal Code
related to Campaign Contribution Limitations” reducing the per person contribution limit
from $300 to $250.
POLICY CONTEXT
Municipal Code Chapter 2.40 outlines Elections Campaign Regulations and Section
2.40.040(A) establishes the current total contribution limit per person at $300. Changes
to the Municipal Code require two public hearings: 1) Introduce the draft Ordinance, which
occurred at the Council Meeting held on February 6, 2024 and 2) Second reading and
adoption of the proposed Ordinance.
DISCUSSION
Background
Approved by the Governor in September 2022 and effective January 1, 2023, Senate Bill
1439 (SB 1439) broadens the scope of Section 84308 of the Political Reform Act to
prohibit local elected officials from taking part in licensing, permitting, and other use
entitlement proceedings involving a party or participant who has contributed more than
$250 to the official within the 12 months prior to the proceeding. SB 1439 also extends
the period in which an official is prohibited from receiving a contribution exc eeding $250
from a party or participant in the proceeding from three to 12 months after the final
decision.
Page 37 of 116
Item 6d
To reduce the likelihood of contributions that violate SB 1439, on February 6, 2024,
Council introduced Ordinance No. 1733 (2024 Series) (Attachment A) to amend Chapter
2.40.040 (Contribution Limitations) to lower the per-person contribution limit from $300 to
$250. Regardless of the updated contribution limit, council members are still required to
monitor contributions for aggregated totals exceeding $250.
Previous Council Action
On July 18, 2023, staff requested that the Council consider creating a committee to
review Elections Campaign Regulations and whether the maximum allowable
contribution should be lowered to $250 to align with Senate Bill 1439. Council provided
direction (see approved Minutes) to return in the Winter of 2024 to further discuss the
status and implementation of Senate Bill 1439 and consider a reduction of the
maximum allowable contribution.
On February 6, 2024, Council approved the introduction of an Ordinance to amend
Chapter 2.40.040 (Contribution Limitations) to lower the per -person contribution limit
from $300 to $250 (see approved Minutes).
Public Engagement
In accordance with the City’s noticing requirements for proposing amendments to the
Municipal Code, a legal ad was published in The New Times on January 25, 2024, 10
days prior to introduction of the ordinance and an additional legal ad will be published on
February 28, 2024, 5 days prior to final adoption. Additionally, contents of the ads will be
published to the City’s website, with e-notifications sent to subscribers of City News. The
public will have an opportunity to provide public comment in writing prior to the meeting
or as public comment during the meeting.
CONCURRENCE
The City Attorney’s Office, Community Development Department, and Finance
Department concur with staff’s recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: N/A
Page 38 of 116
Item 6d
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $N/A $ $ $
State
Federal
Fees
Other:
Total $N/A $ $ $
There are no financial impacts directly associated with this item.
ALTERNATIVES
Do not adopt Ordinance No. 1733 (2024 Series) to lower the per-person campaign
contribution limit to $250.
ATTACHMENTS
A - Ordinance No. 1733 (2024 Series)
Page 39 of 116
Page 40 of 116
O 1733
ORDINANCE NO. 1733 (2024 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 2.40.040 OF THE
MUNICIPAL CODE RELATED TO CAMPAIGN CONTRIBUTION
LIMITATIONS
WHEREAS, the Council of the City of San Luis Obispo conducted a public meeting
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
February 6, 2024, for the purpose of considering changes proposed to update the
Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. After considering the meeting minutes and
recommendations of the City Clerk and City Attorney and public input and testimony, and
having considered arguments and authority supporting and opposing modifications to and
continuation of the City's campaign regulations, the Council makes and adopts the
following findings in support of the regulations a dopted herein:
A. San Luis Obispo is a small and engaged community wherein residents closely
follow and scrutinize elections processes and closely monitor the amounts and
sources of campaign contributions to individual candidates for elected office .
B. Based on an evaluation of campaign expenditures in comparable cities, the
Council finds the direct contribution limits adopted herein are consistent with
those in place in comparable jurisdictions and, notwithstanding the existing
limitations or lack thereof in comparable jurisdictions, that the limitations
adopted herein would permit candidates to solicit and accept contributions far
in excess of historical expenditures by candidates in the City of San Luis
Obispo and comparable cities.
C. The Council has considered and affirms the statement of purpose and intent
set forth herein and determines the amended and decreased contribution limits
adopted herein further and support the stated purpose and intent.
SECTION 2. That the following section of the San Luis Municipal Code Chapter
2.40 is hereby amended to read as follows:
Page 41 of 116
Ordinance No. 1733 (2024 Series) Page 2
O 1733
2.40.040 Contribution limitations.
A. Contributions by Persons to Candidates and/or Controlled Committees. No person
shall make any contribution to a candidate and/or any controlled committee
connected with that candidate, with respect to any single election, which would
cause the total amount contributed by such person to the candidate and any
controlled committee connected with that candidate, when combined, to exceed
two hundred and fifty dollars.
B. Acceptance or Solicitation by Candidates or Controlled Committees. No candidate
or controlled committee shall solicit or accept any contribution from any person
which would cause the total amount contributed by such person, with respect to
any single election, to the candidate and/or any controlled committee connected
with that candidate, when combined, to exceed the sum of two hundred and fifty
dollars.
C. Contributions by Candidates. The provisions of subsections A and B of this section
shall not apply to contributions from a candidate or from his or her immediate family
to any controlled committee connected with that candidate, nor to the expenditure,
by the candidate, of his or her personal funds. For purpos es of this section,
"immediate family" means a candidate's or elected officeholder's spouse or
domestic partner, and/or dependent children.
D. Anonymous Contributions. No candidate or controlled committee shall accept
anonymous contributions, with respect to any single election, which exceed fifty
dollars. Subject to the provisions of state law, in the event a candidate or controlled
committee receives an anonymous contribution that would result in a violation of
this subsection, the candidate or controlled committee shall promptly pay that sum
to the city for deposit into the general fund to be used to defray the costs of
municipal elections.
SECTION 3. Ordinance Number 1599 (2014 Series) is hereby amended and
superseded to the extent inconsistent herewith.
Page 42 of 116
Ordinance No. 1733 (2024 Series) Page 3
O 1733
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 6th day of February 2024, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 20 24, on the following
vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 43 of 116
Page 44 of 116