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HomeMy WebLinkAboutOrdinance 675 Establishing Campaign Contribution Limits - signedORDINANCE NO. 675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADDING CHAPTER 2.50 TO THE MORRO BAY MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California’s Political Reform Act (the “ACT”) requires disclosure of campaign contributions and expenditures in connection with state and local elections and authorizes local agencies to enact campaign regulations that do not prevent compliance with the Act itself; and WHEREAS, effective January 1, 2021, Assembly Bill No. 571 (“AB 571) imposed a default campaign contribution limit upon cities and counties; and WHEREAS, the current State default contribution limit for the City’s election in 2026 would be $5,900 per donor, which is significantly in excess of the size of most contributions that have traditionally been made in City campaigns; and WHEREAS, the City Council hereby finds and declares it is in the public’s and City’s interest to limit the amount of contributions per donor that may be made to candidates and committees controlled by candidates for City elective offices and that a lower, reasonable contribution limit of $500 per donor will still be adequate for candidates to raise sufficient funds to get their message out to the electorate; and WHEREAS, California Government Code Section 85702.5 permits cities to act, either by ordinance or resolution, to establish their own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and WHEREAS, in adopting this Ordinance, it is the City Council’s intent to ensure a fair election process by setting local campaign contribution limits; and WHEREAS, all legal prerequisites relating to the adoption of this ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein. SECTION 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid. SECTION 3. Potential Conflicts. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby expressly superseded by this ordinance. SECTION 4. Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty-first day after its final passage. SECTION 5. Addition of Campaign Contribution Limits. A new Morro Bay Municipal Code Chapter 2.50, “Campaign Contribution Limits,” is hereby added to the Morro Bay Municipal Code to read as follows: 2.50.010 – Purpose and Intent A. It is the purpose and intent of this chapter: 1. To promote integrity, honesty, fairness, and transparency in municipal election campaigns 2. To prevent corruption, or the appearance of corruption, which results from the real or imagined influence of large contributions on the conduct or actions of candidates elected to office. 3. To place realistic and enforceable limits on the amounts persons may contribute in municipal election campaigns. 4. To provide full and fair enforcement of all provisions of this chapter. B. By enacting this chapter, the city council does not intend to deprive or restrict any citizen of the exercise of rights guaranteed under the United States Constitution and the California Constitution. C. The city council takes specific notice of the findings and declarations made in the Political Reform Act and finds and declares them applicable to Morro Bay and a basis for enacting this chapter. D. It is the intent of this chapter to impose limits on the amount of money that may be contributed to a candidate or controlled committee to achieve the purposes specified in this section. This chapter is not intended, and shall not be construed, to establish any reporting, filing, or procedural requirement in addition to, or different from, the Political Reform Act or the regulations adopted by the Fair Political Practices Commission (FPPC). 2.50.020 – Definitions The terms used in this chapter shall have the same definitions as specified in the Political Reform Act and FPPC regulations. In those cases where definitions in the Political Reform Act or FPPC regulations contain a specific reference to any state election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific reference. 2.50.030 – Limits on Campaign Contributions to Candidates A. 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 or any controlled committee connected with that candidate, to exceed the sum of five hundred dollars ($500.00). B. Not Applicable to Personal Funds or Loans. The limits imposed by this section shall not apply to the contribution of a candidate’s personal funds or loans made from a candidate to their own controlled committee made in accordance with state law. C. Return of Excessive Contributions. Contributions which either in the aggregate or on their face exceed the contribution limit under this section shall be deemed not to have been accepted if returned within 14 days of receipt so long as the candidate or controlled committee did not make use of the contribution prior to returning it. D. Penalties and Enforcement. 1. Violations of this chapter may be punishable as infractions or misdemeanors pursuant to Chapter 1.16 of the Morro Bay Municipal Code. 2. Violations of this chapter may be punishable through administrative fines imposed by the city clerk as the designated enforcement officer in accordance with Chapter 1.03 of the Morro Bay Municipal Code. 3. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including but not limited to administrative or judicial proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief 4. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. SECTION 6. Certification. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law. INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 13th day of January 2026 by motion of Councilmember Eckles and seconded by Councilmember Luffee. PASSED AND ADOPTED on the 27th day of January 2026, by the following vote: AYES: Wixom, Eckles, Edwards, Landrum, Luffee NOES: None ABSENT: None ABSTAIN: None RECUSE: None ____________________________ CARLA WIXOM, Mayor ATTEST: ______________________________ DANA SWANSON, City Clerk APPROVED AS TO FORM: _____________________________________ BRIAN J. STACK, City Attorney Brian Stack (Jan 29, 2026 08:59:58 PST) Brian Stack Carla Wixom (Jan 29, 2026 10:02:44 PST) Carla Wixom STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF MORRO BAY ) I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY CERTIFY the foregoing Ordinance Number 675 was duly adopted by the City Council of the City Council of the City Morro Bay at a regular meeting of said Council on the 27th of January 2026 and that it was so adopted on by the following vote: AYES: Wixom, Eckles, Edwards, Landrum, Luffee NOES: None ABSENT: None ABSTAIN: None RECUSE: None IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this ______ day of _______________, 2026. DANA SWANSON, City Clerk 29 January Ordinance No. 675 Establishing Campaign Contribution Limits Final Audit Report 2026-01-29 Created:2026-01-29 By:Heather Goodwin (hgoodwin@morrobayca.gov) Status:Signed Transaction ID:CBJCHBCAABAAW9whLrmBRaxUny9640PLipX4RRfmctvw "Ordinance No. 675 Establishing Campaign Contribution Limits" History Document created by Heather Goodwin (hgoodwin@morrobayca.gov) 2026-01-29 - 1:44:47 AM GMT Document emailed to Brian Stack (bstack@morrobayca.gov) for signature 2026-01-29 - 1:46:01 AM GMT Email viewed by Brian Stack (bstack@morrobayca.gov) 2026-01-29 - 4:59:49 PM GMT Document e-signed by Brian Stack (bstack@morrobayca.gov) Signature Date: 2026-01-29 - 4:59:58 PM GMT - Time Source: server Document emailed to cwixom@morrobayca.gov for signature 2026-01-29 - 5:00:00 PM GMT Email viewed by cwixom@morrobayca.gov 2026-01-29 - 6:02:14 PM GMT Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom 2026-01-29 - 6:02:42 PM GMT Document e-signed by Carla Wixom (cwixom@morrobayca.gov) Signature Date: 2026-01-29 - 6:02:44 PM GMT - Time Source: server Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature 2026-01-29 - 6:02:45 PM GMT Email viewed by Dana Swanson (dswanson@morrobayca.gov) 2026-01-29 - 7:26:55 PM GMT Document e-signed by Dana Swanson (dswanson@morrobayca.gov) Signature Date: 2026-01-29 - 7:27:15 PM GMT - Time Source: server Agreement completed. 2026-01-29 - 7:27:15 PM GMT