The URL can be used to link to this page

Home My WebLink About06 Ord 1362 - 2nd Rdg AB 571MEETING DATE 0/- I-R k ~ -�C_ ❑ INUEDTO ORDINANCE NO. 1362 PASSES TO 2ND READING Zl'4 C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.060 ESTABLISHING CAMPAIGN CONTRIBUTION LIMIT REQUIREMENTS FOR ELECTED OFFICIALS WHEREAS, the California State Legislature in 2019 passed Assembly Bill 571 ("AB 571 ") which creates campaign contribution limits, identical to those imposed on State Assembly and Senate candidates, for all levels of government; and WHEREAS, while AB 571 sets forth default statewide limits on contributions, it also permits cities and counties to impose contribution limits that differ from the default limits; and WHEREAS, as of January 1, 2021, the AB 571 default contribution limit of $4,700 per individual person per calendar year is assigned to the City of Palm Desert; and WHEREAS, the City Council of the City of Palm Desert wishes to make local campaign contributions unlimited. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds and determines that the recitals set forth above are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 2.38.060 is hereby added as follows: -2.38.060 Local campaign contribution limits. A. Notwithstanding any state law to the contrary, the City imposes an unlimited campaign contribution limit on candidates to elective office within the City. B. Nothing in this section shall be deemed to exempt any person from complying with applicable provisions of any other laws of this state." SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent _jurisdiction, the balance of this Ordinance shall not be affected. ORDINANCE NO. 1362 SECTION 4. Certification and Publication. The City Clerk of the City of Palm Desert shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933. SECTION 5. CEQA. The City Council finds that adoption of this Ordinance is not a "project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert on the 1 lth day of February, 2021, by the following vote. AYES: NOES: ABSTAIN: ABSENT: ATTEST: Grace L. Rocha, Acting City Clerk City of Palm Desert, California APPROVED AS TO FORM: Robert W. Hargreaves, City Attorney Kathleen Kelly, Mayor CITY COUNCIL ICTION APPROVED V DENIED RECEIVED OTHER MEET G D TE AYES: NOES: ABSENT: Nl7hP ABSTAIN: VERIFIED BY: (21 6Y5 Original on File with City Clerk's Office CIT f CLERK's w 2021 FFB -2 PN Ir 56 Memorandum To: Honorable Mayor and City Council Members From: Robert Hargreaves, City Attorney, and Jill Tremblay, Deputy City Attorney Date: February 11, 2021 Re: Assembly Bill 571 Local Campaign Contributions - Follow Up Q&A QUESTIONS PRESENTED On January 29, 2021, the City Council considered an ordinance regarding local campaign contribution limits and ultimately voted in favor of an ordinance adopting a "no limit" limit. The following questions were raised: I. Assembly Bill (AB) 571 does not place restrictions on "small contributor committees." What are "small contributor committees"? 2. Can the City limit local campaign contributions from PACs? ANSWERS 1. A "small contributor committee" means any committee that meets all of the following criteria: (a) The committee has been in existence for at least six months; (b) The committee receives contributions from 100 or more persons; (c) No one person has contributed to the committee more than two hundred dollars ($200) per calendar year; (d) The committee makes contributions to five or more candidates. (Gov. Code, § 85203.) 2. Yes, the City can limit local campaign contributions from PACs. The Political Reform Act (Gov. Code, § 81013) provides authority for the City to limit campaign contributions from a PAC to a candidate by stating, "[njothing in this title prevents the Legislature or any other state or local agency from imposing additional requirements on any person if the requirements do not prevent the person from complying with this title." In limiting campaign contributions, there is no distinction between contributions that are given by an individual and contributions that are given by a committee. Both individuals and committees are defined as "persons" for purposes of the Political Reform Act. (Gov. Code, § 82047.) Therefore, the City could limit local campaign contributions from individuals and committees.