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HomeMy WebLinkAbout2023-02-07; City Council; ; Adoption of Ordinance No. 443 - Update to Carlsbad Municipal Code Chapter 1.15.040 – Campaign Contribution LimitsCA Review CKM Meeting Date: Feb. 7, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. 443 - Update to Carlsbad Municipal Code Chapter 1.15.040 – Campaign Contribution Limits District: All Recommended Action Adopt Ordinance No. CS-443 amending Carlsbad Municipal Code Section 1.15.040 – Campaign contribution limits to reflect adjustments calculated on the total change in the California Consumer Price Index for All Urban Consumers for the San Diego region since the last adjustments were made. Executive Summary This ordinance will Increase the city’s limit on campaign contributions by $100 for candidates for City Council and by $200 for candidates for Mayor, City Clerk or City Treasurer. Explanation & Analysis The City Clerk is required to adjust the city’s limit on campaign contributions every odd- numbered year in January to reflect any increase or decrease in the California Consumer Price Index for All Urban Consumers for the San Diego region, in accordance with Subsection (C) of Carlsbad Municipal Code Section 1.15.040 – Campaign contribution limits. Ordinance No. CS-443 was introduced and first read at the City Council meeting held on January 24, 2023. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City Council voted 4-0, to introduce Ordinance No. CS-443. Feb. 7, 2023 Item #7 Page 1 of 4 Due to this change, the city’s new campaign contribution limits will be as follows: CMC 1.15.040(A) A person shall not make to a candidate for City Council, and a candidate for City Council shall not accept from a person, a contribution totaling more than $1,000 per election CMC 1.15.040(B) A person shall not make to a candidate for Mayor, City Treasurer or City Clerk, and a candidate for Mayor, City Treasurer or City Clerk shall not accept from a person, a contribution totaling more than $3,300 per election This second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. Fiscal Analysis The existing fiscal year 2022-23 budget for the City Clerk’s Office includes sufficient funding for the cost of amending and adding these code provisions. Next Steps The City Clerk Services Manager will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. Ordinance No. CS-443 Feb. 7, 2023 Item #7 Page 2 of 4 ORDINANCE NO. CS-443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION 1.15.040 - CAMPAIGN CONTRIBUTION LIMITS, TO ADJUST CONTRIBUTION LIMITS TO REFLECT AN INCREASE IN THE CALIFORNIA CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE SAN DIEGO REGION WHEREAS, California Government Code Section 85702.5, subdivision (a), authorizes the City Council to adopt campaign contribution limits applicable to elective city offices; and WHEREAS, the City Council wishes to maintain local control over local elections; and WHEREAS, on April 13, 2021, the City Council adopted Ordinance No. CS-396 setting the current campaign contribution limits as follows: CMC l.15.040{A) CMC 1.15.040(8) A person shall not make to a candidate for City Council, and a candidate for City Council shall not accept from a person, a contribution totaling more than $900.00 per election A person shall not make to a candidate for Mayor, City Treasurer or City Clerk, and a candidate for Mayor, City Treasurer or City Clerk shall not accept from a person, a contribution totaling more than $3,100.00 per election WHEREAS, Carlsbad Municipal Code Section l.15.040{C) requires the City Clerk to adjust the contribution limitations provisions in January of every odd-numbered year to reflect any increase or decrease in the California Consumer Price Index for All Urban Consumers {CPI-U) for the San Diego region. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains that: 1.The above recitations are true and correct. 2.Carlsbad Municipal Code Section 1.15.040 is amended to read as follows: 1.15.040 Campaign contribution limits. A.A person shall not make to a candidate for city council, and a candidate for city council shall not accept froma person, a contribution totaling mo re than $1,000 per election. B.A person shall not make to a candidate for mayor, city treasurer or city clerk and a candidate for mayor, citytreasurer or city clerk shall not accept from a person, a contribution totaling more than $3,300 per election. C.The city clerk shall adjust the contribution limitations provisions in subsections (A) and (B) in January of everyodd-numbered year to reflect any increase or decrease in the California Consumer Price Index for All UrbanConsumers (CPI-U) for the San Diego region. Those adjustments shall be calculated based on the totalchange in the CPI-U, San Diego region, since the last adjustment was made and shall be rounded to thenearest $100. The city clerk shall post the adjusted contribution limit to the city's website. Exhibit 1 Feb. 7, 2023 Item #7 Page 3 of 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 24th day of January, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of February, 2023, by the following vote, to wit: AYES: NAYS: Blackburn, Bhat-Patel, Acosta, Burkholder. None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: turk I< Id� CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor � J_ SHERRY FREISINGER, City Clerk"(j"" {SEAL) Feb. 7, 2023 Item #7 Page 4 of 4