HomeMy WebLinkAbout3/5/2024 Item 6d, Hermann - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 5, 2024
TO: Mayor and Council
FROM: Greg Hermann, Deputy City Manager
Prepared by: Megan Wilbanks, Deputy City Clerk
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6d. SECOND READING AND ADOPTION OF ORDINANCE NO.
1733 (2024 SERIES) TO AMEND MUNICIPAL CODE CHAPTER 2.40.040
(CAMPAIGN CONTRIBUTION LIMITATIONS)
Staff received the following question, regarding a section of Ordinance No. 1733 (2024
Series). The question is below with staff’s response shown in italics:
1) In regard to the language below: 1) Did we find that these new limitations
were “consistent with those in place in comparable jurisdictions”? I don’t
remember that being part of the discussion or the presentation when we first
discussed and voted on this; and 2) How do these new limitations (moving
from a limit of $300 to $250) “permit candidates to solicit and accept
contributions far in excess of historical expenditures by candidates in the
City of SLO”?
Answer: The draft being considered for final adoption on March 5, 2024 reclassifies
findings from the 2014 adoption as a Recital, rather than as a Finding, as labeled
in the version of this Ordinance that was introduced on February 6, 2024. Staff
agrees that it is appropriate to move the section in question into the Recitals, as it
references prior action and provides the basis for the sections that follow. This
reorganization, shown in Attachment A, which does not change the substance of
the amendment (reducing the contribution limit from $300 to $250), is a clerical
correction and does not trigger re-introduction under Government Code 36934.
Attachment:
A - Revised Ordinance No. 1733 (Campaign Contribution Limitations)
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.
WHEREAS, on May 20, 2014, 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 adopted the following findings
in support of the regulations adopted 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.
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 adopted 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.
Ordinance No. 1733 (2024 Series) Page 2
O 1733
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 1. That the following section of the San Luis Municipal Code Chapter
2.40 is hereby amended to read as follows:
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 purposes 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 2. Ordinance Number 1599 (2014 Series) is hereby amended and
superseded to the extent inconsistent herewith.
Ordinance No. 1733 (2024 Series) Page 3
O 1733
SECTION 3. 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 ____, 2024, 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