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HomeMy WebLinkAboutItem 27 - Sunshine Ordinance City Manager Office www.santa-ana.org/cm Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 16, 2021 TOPIC: Sunshine Ordinance AGENDA TITLE: Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy, and Publishing Timeline for City Council Meeting Agendas RECOMMENDED ACTION 1. Approve the first reading of an ordinance amending the Sunshine Ordinance to expand the number of community meetings for certain development projects from one to two, increase the radius of distributing noticing of said community meetings from 500 feet of the subject property to 1,000 feet, implement a Lobbyist Registration Policy, and revise the timeline to publish City Council meeting agendas from four days to seven days. 2. Approve an appropriation adjustment recognizing $40,000 from prior-year fund balance in the General Fund and appropriate the same amount to the General Fund, Clerk of the Council Service Enhancement salaries ($10,000) and contractual services ($30,000) expenditure accounts. (Requires five affirmative votes) DISCUSSION In May 2021, the City Council directed staff to research proposals to amend the Sunshine Ordinance as follows: Add one additional community meeting for certain development projects as defined in the Sunshine Ordinance. Increase noticing requirement for certain development projects from addresses within a 500-foot radius of the subject property to a 2,000-foot radius, as well as informing renters and homeowners. Require Nixle notifications when fulfilling noticing requirements for City-sponsored development projects. Require lobbyists to register with the Clerk of the Council. Continuing the deliverance of City Council meetings in the digital format and allow virtual participation of residents. Publish public meeting agendas seven days in advance. Sunshine Ordinance November 16, 2021 Page 2 2 2 4 6 Staff assessed each proposal to determine the feasibility of their implementation. An overview of each proposal, including the budgetary aspects and benefits of the proposed provisions, was presented to the City Council on July 20, 2021. Based upon feedback and direction from the City Council, staff recommends proceeding with the following four changes to the Sunshine Ordinance: (1) expand the number of community meetings for certain development projects from one to two; (2) increase the radius of distributing noticing of said community meetings from 500 feet of the subject property to 1,000 feet; (3) implementing a Lobbyist Disclosure Policy; and (4) revise the timeline to publish City Council meeting agendas from four days to seven days. Below is a summary of those proposed changes. Expand the Number of Community Meetings for Certain Development Projects from One to Two In its current form, the Sunshine Ordinance imposes community meeting requirements for the following types of development projects: (1) City-sponsored development projects; (2) new residential projects containing 25 or more units with exceptions; (3) new non- residential projects of 10,000 square feet or more and which are subject to a negative declaration, mitigated negative declaration or environmental impact report; and (4) development projects requiring a zone change, Specific Plan amendment, or General Plan amendment. The community meeting requirement relating to the number of meetings is summarized as follows: the development project applicant shall hold one community meeting no later than 20 days after submittal of an application for administrative site plan review. At the direction of the City Council, staff has prepared an ordinance amending this community meetings provision to require two community meetings (as opposed to the existing requirement to hold one community meeting). As proposed, the first community meeting would be required to be held within 20 days of submittal of an application for development project review, followed by an optional second community meeting no earlier than ten days prior to the development project being resubmitted by the development project applicant to the City after receipt of comments resulting from the City’s development project review. Staff asserts that it is rare that applications submitted for development project review are complete upon their first submittal and therefore it is rare that a developer project applicant does not receive comments from City staff to consider for resubmitting an application for development project review. Accordingly, it is rare that a developer project applicant will not be required to hold a second community meeting in conformance with the proposed changes to the Sunshine Ordinance. The City’s cost associated with requiring two community meeting varies, and principally includes the staff time associated with providing information and support to the development project applicant so that the development project applicant may host the meetings in compliance with the Sunshine Ordinance. Funding to support the staffing requirements for these types of meetings are supported by existing personnel budgets Sunshine Ordinance November 16, 2021 Page 3 2 2 4 6 for various departments. Therefore, there is no fiscal impact associated with this proposed change. Increase the Radius of Distributing Noticing of Community Meetings for Certain Development Projects from 500 Feet of the Subject Property to 1,000 Feet In addition to the community meetings requirement for certain development projects, the current form of the Sunshine Ordinance requires that a development project applicant provide noticing of the community meeting to all property owners and at least one occupant per dwelling unit within a 500-foot radius of the subject property. At the direction of the City Council, staff has prepared an ordinance amending the noticing provision of the Sunshine Ordinance to require that a development project applicant provide noticing of each community meeting to all property owners and at least one occupant per dwelling unit within a 1,000-foot radius (as opposed to the current threshold of 500 feet). The cost associated with preparing and distributing such notices varies. Additionally, the responsibility to prepare and distribute such notices is that of the development project applicant. As such, there is no fiscal impact to the City relating to this proposed change in noticing for community meetings. It is important to note that the Sunshine Ordinance provides that noticing of Planning Commission public hearings shall be in conformance with the noticing requirements for community meetings. Therefore, by increasing the radius of distributing noticing of community meetings for certain development projects from 500 feet of the subject property to 1,000 feet, the City would similarly be required to increase the radius of distributing noticing of Planning Commission public hearings from 500 feet to 1,000 feet of the subject property. As such, there will be an increase in costs associated with the expanded noticing requirements for Planning Commission meetings. While this cost varies, staff estimates that the cost for each mailer associated with noticing of a Planning Commission public hearing is 64 cents. The number of mailers to be sent for each public hearing may increase by anywhere from four to seven times when compared to the current number of mailers sent in conformance with the existing 500-foot radius requirement. Implement a Lobbyist Registration Policy A lobbyist registration (or “disclosure”) policy is one that requires lobbyists, as defined, to report specific information relating to their lobbying activities, including the issues lobbied upon, officials contacted, time spent, and an estimate of expenses, among other data. The purpose of a lobbyist registration policy is to establish transparency in the activity of lobbyists. While there are lobbyist registration policies at the federal and state level, such as the Lobbyist Disclosure Act of 1995 relating to federal lobbying practices and the Political Reform Act relating to state lobbying practices, there is no municipal lobbyist registration policy associated with lobbying practices involving the City of Santa Ana. Sunshine Ordinance November 16, 2021 Page 4 2 2 4 6 Members of the City Council expressed interest in the City establishing a lobbyist registration policy. There are multiple policy considerations for the City Council to consider to implement such a policy. For the purposes of the current proposed changes to the Sunshine Ordinance, staff reviewed the original lobbyist registration proposal by SACRed (Santa Ana Collaborative for Responsible Development), the organization that originally lobbied the City Council in 2012 to adopt the Sunshine Ordinance. That proposal, which was rejected by the City Council, has since been reviewed by the Clerk of the Council. Based upon her subject matter expertise and experience, the Clerk of the Council made minor changes to that proposal to align with current best practices. As presented, the proposed lobbyist registration provisions of the Sunshine Ordinance contain the following elements: purpose of policy, definitions; annual registration of lobbyists required; quarterly reports of lobbying activity; registration fee; and penalty for violation. Members of the City Council also discussed revolving door regulations and how these regulations affect former councilmembers for purposes of lobbying. Below is a summary of the current law on the revolving door regulations: Government Code Section 87406, also known as the “revolving door regulations” prohibits the following: (1) a local elected official, chief administrative officer of a county, city manager or general manager or chief administrator of a special district who held a position with a local government agency, (2) for a period of one year after leaving officer or employment, (3) from acting as an agent or attorney for, other otherwise represent, for compensation, any other person, (4) by making any formal or informal appearance before, or by making any oral of written communication to, that local government agency, or any committee, subcommittee, or present member of that local government agency, or any officer or employee of the local government agency, (5) if the appearance of communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant or contract, or the sale or purchase of goods or property, (6) except when the individual is, at the time of the appearance or communication, a board member, or employee of another local government agency or an employee or representative of a public agency and is appearing or communicating on behalf of that agency. Considering that existing State law prohibits these activities, revolving door provisions were not included as part of proposed amendments to the Sunshine Ordinance. The Clerk of the Council’s Office conducted a preliminary fiscal impact analysis and determined that a lobbyist registration policy could be implemented by their office Sunshine Ordinance November 16, 2021 Page 5 2 2 4 6 procuring a lobbyist disclosure filing module from an existing vendor, NetFile. the subscription-based software costs approximately $10,000 annually to procure. To implement such a policy, the Clerk of the Council recommends that a part-time Administrative Aide be hired to fulfill the functions required of the policy. Staff estimates that the annual personnel cost is $30,000. In summary, there will be a $40,000 annual expense associated with implementation of the lobbyist registration policy. This increase in expenses will require an appropriation adjustment. Revise the Timeline to Publish City Council Meeting Agendas from Four Days to Seven Days State law requires that public meeting agendas for regular meetings, such as regular City Council meetings, be published at least 72 hours (or three days) prior to the meeting start time. The Sunshine Ordinance, in its current form, requires that regular City Council meeting agendas be published 96 hours (or four days) prior to the meeting start time. At the direction of the City Council, staff has prepared an ordinance amending the Sunshine Ordinance to require regular City Council meeting agendas to be published seven days in advance. There is no direct cost associated with the change in publishing time associated with publishing the City Council meeting agendas seven days in advance. However, each City department that submits agenda items, along with departments who facilitate the agenda process (particularly the Clerk of the Council’s Office, City Manager’s Office, City Attorney’s Office, and Finance Department) would be required to revise their workflow to accommodate the seven-day lead time for publishing City Council meeting agendas. Additionally, it is important that both the members of the City Council and City staff alike be mindful of the seven-day lead time for City Council agenda items to be prepared and considered. This means that there will be at least seven days between the time a City Council meeting agenda is published and the time the accompanying agenda items are to be considered by the City Council at a public meeting. Furthermore, it is important to note that once the City Council meeting agenda is published, it is published in its final form and is not intended to be revised within the seven-day timeframe. Therefore, this proposed change does not create an opportunity for increased engagement. Instead, it provides additional time for members of the City Council and the public to view the City Council meeting agenda. Attached for consideration by the City Council is an ordinance (Exhibit 1) amending the Sunshine Ordinance. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Implementation of proposed ordinance amending the Sunshine Ordinance—particularly the lobbyist registration provisions—requires an additional $40,000 annual expense by the Clerk of the Council Office. Sunshine Ordinance November 16, 2021 Page 6 2 2 4 6 This increase in expenses is not budgeted and will require an appropriation adjustment in the amount of $40,000 from the General Fund fund balance and allocated as follows: FY 2021-22 Recognize $40,000 from prior year fund balance in the General Fund, prior year carryforward amount (01102002-50001) and appropriate the same amount as follows: Accounting Unit / Account Expenditure Type Amount 01107017-61020 Salaries Part-Time $10,000 01107017-62300 Contractual Services $30,000 EXHIBIT(S) 1. Ordinance Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager Ordinance No. NS-XXX Page 1 of 7 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLE II.I AND II.II OF CHAPTER 2 AND ADDING ARTICLE XI ENTITLED “LOBBYSIST REGISTRATION” TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-150 of Article II.I entitled “Public Access to Meetings” of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken): Sec. 2-150. – Meetings and agenda postings for city council. Pursuant to Government Code Section 54953.7 of the Brown Act, the city is imposing the following additional requirements on itself to allow greater community access to its meetings: (1)City council meeting agendas must be posted at least ninety-six (96) hours seven (7) calendar days before any regular meeting of the city council. (2)The city will makes notices of the city council meetings accessible on the city’s website in various languages including Spanish through the use of fee web-based translation application. (3) Agenda’s will list future items on major projects. The list of “major projects” identified for the city council agenda will be compiled at the discretion of the city manager. Section 2. Section 2-153 of Article II.II entitled “Public Meetings for Certain Development Projects” of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken): Sec. 2-153. - Public input through community meetings prior to discretionary approval. (a)Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one or more of the following criteria: (1)City-sponsored development projects; (2)New residential projects containing twenty-five (25) or more units, except that the director of the Pplanning and building Ordinance No. NS-XXX Page 2 of 7 Building Agency may exempt a developer from one or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal; (3)New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act; (4)Development projects requiring a zone change, specific plan amendment, or general plan amendment. (b)Number and timing of community meeting. For those development projects that meet the criteria listed in subsection 2-153(a), the applicant shall hold two one (21) community meetings. The first community meeting shall be held no later than twenty (20) days after submittal of an application for administrative site plandevelopment project review. The second community meeting shall be held no earlier than ten (10) days prior to the development project being resubmitted by the applicant to the City after receipt of comments resulting from the City’s development project review. Should the applicant fail to hold the community meetings within this time, the completion of administrative site plandevelopment project review shall be delayed until such time as the community meeting s areis held. (c)Noticing. Notice of any community meeting held under this section shall be provided to all property owners, and at least one (1) occupant per dwelling unit having a valid United States Postal Service address within a 15000-foot radius of the subject property. Said notice shall be mailed no less than ten (10) days prior to the community meeting. The notice shall also be posted on the development project site and published in a newspaper of general circulation no less than ten (10) days prior to the community meeting. The city shall then post the notice on the city's website. It shall be the sole responsibility of the applicant to prepare and distribute this notice. (d)Notice content. The notice shall include the time, place and date of the community meeting; a map depicting the location of the subject property, including the properties contained within the notification boundary; a brief description of the project; and the applicant's contact information. The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services for those wishing to have interpretation during the community meeting in languages other than English. Ordinance No. NS-XXX Page 3 of 7 3 (e)Community meeting time and place. The cCommunity meetings shall be held either on a weeknight during the early evening hours or on a Saturday. The meetings shall be held in any facility that is accessible to the public and that is no more than one (1) mile from the project site. Should there not be any such facilities available in the required area, the applicant may arrange, at their own expense and subject to availability, to use the next closest city facility. (f)Community meeting language interpretation. Should the applicant receive a written request for language interpretation services no later than forty-eight (48) hours prior to the meeting, it shall be the applicant's responsibility to arrange for such services to be available at the community meeting. (g)Community meetings format and content. During the community meetings the applicant shall give a presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community, and provide contact information so that members of the public can contact them for further information. The applicant shall allow enough time for the attendees to ask questions and provide input. The applicant shall prepare detailed minutes of the meetings including a written record of the comments provided by the community members. (h)Providing information to city after community meeting. Not moreless than four (4) days following the last community meeting, the developer shall submit to the city an affidavit under penalty of perjury that the required community meetings wereas held in compliance with this section and will submit copies of all notices, notification lists, site postings, advertisements, or other communications used to publicize the meetings. The applicant shall also provide to the city a copy of the minutes and the written record of, and response to, the public comments made at theach community meeting. The public input will be made part of the public record and included as attachments to planning commission staff reports. (i)[Notice.] Notice of planning commission public hearings shall be in conformance with the requirements provided in subsection 2 -153(c), except that it shall be the responsibility of the applicant to provide the director of planning and development services the mailing lists of the names and addresses of those entitled to receive notice under subsection 2-153(c). The noticing provisions contained subsection 2- 153(c) shall supersede those contained in section 41 -672. Section 3. Article XI entitled “Lobbyist Registration” is hereby added to Chapter 2 of the Santa Ana Municipal Code to read in its entirety as follows (new language is underlined): Ordinance No. NS-XXX Page 4 of 7 ARTICLE XI.- LOBBYIST REGISTRATION Sec. 2-905.- Purpose. In order to ensure public confidence and the integrity of local government, Lobbyists should be required to register themselves and file disclosure reports with the Clerk of Council regarding the nature of their lobbying efforts, compensation, donations, and fundraising efforts. Sec. 2-906.– Definitions. (a)“City official” shall mean any elected or appointed official of the City of Santa Ana, city officer as defined in Section 2-300 of this Code , or member of a legislative body or advisory board or commission established by action of the City Council under authority of the City Charter, Municipal Code, or resolution. (b)“Gift” shall have the same meaning as in the Political Reform Act. (c)“Lobbyist” shall mean a person or business entity that received $250 or more in a calendar year for communicating, using any means, with a City official or employee to influence current or future City legislation, administrative decisions, City Council elections, or local initiative measures. This includes an employee, officer or director of an entity whose duties include communicating, either directly or through an agent, with city officials or City employees to influence any proposed or pending governmental, legislative or administrative action of the City. This definition shall only apply to this Article. Sec. 2-907.- Registration . (a)Any individual or entity that qualifies as a Lobbyist pursuant to this Article shall register with the Clerk of Council within fifteen (15) days of qualifying as a Lobbyist. (b)No person who qualified as a Lobbyist shall contact or communicate with any city official without first registering as a Lobbyist and identifying himself or herself as a Lobbyist. (c)Any individual or entity that registers as a lobbyist shall retain that status through December 31 of that year unless and until the individual or entity terminates the status as set forth below. (d)Any individual or entity registered pursuant to this Article shall file a termination statement with the Clerk of Council within 15 days after ceasing activities governed by this Article. The form of the termination statement shall be provided by the Clerk of Council. Sec. 2-908.- Exemptions from registration. Ordinance No. NS-XXX Page 5 of 7 5 The following persons or entities are exempt from registration as a Lobbyist: (a)Any public official acting in his or her official capacity; (b)Any government official or government employee acting in his or her official capacity; and (c)Any organization exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, which receives funding from any federal, state or local government agency for the purpose of representing the interests of indigent persons and whose primary purpose is to provide direct services to those persons, if the individual or individuals represented by the organization before any City agency provide no payment to the organization for that representation. This exemption shall not apply to direct contacts with a city official in any situation other than a publicly noticed meeting, for the purpose of attempting to influence a city decision with regard to any city funding which the organization is seeking. (d)A newspaper or other regularly published periodical, radio or television stati on or network, including any individual who owns, publishes or is employed by such newspaper, periodical, station or network, when in the ordinary course of business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence City officials or employees regarding current or future City legislation, administrative decisions, or City Council elections or local initiative measures. Sec. 2-909.- Required quarterly disclosure reports. (a)Lobbyists shall file quarterly disclosure reports with the Clerk of Council specifying in detail the following: 1)The nature of the issues they are trying or tried to influence through lobbying of City officials; 2)Identify each client and the amount of compensation received from each client for communicating, using any means, with City officials to influence current or future City legislation, administrative decisions, City Council elections, or local initiative measures; 3)All campaign contributions or gifts to elected City officials; 4)All campaign contributions to a controlled committee of an elected City official; 5)All fundraising activities conducted on behalf of elected City officials; 6)All contributions or gifts to political campaigns; 7)All contributions or gifts made at the behest of elected City officials; 8)All contributions or gifts to political campaigns made at the behest of elected City officials; 9)All contributions or gifts to registered domestic non-profit organizations made at the behest of elected City officials; 10) All contributions or gifts to religious institutions made at the behest of elected City officials; 11) All contributions or gifts to non-profits made at the behest of elected City officials; 12) All payment received for services as a consultant to the City or any City agency; 13) Any compensated work done for a political campaign of an elected City official; and 14) Disclosures shall cover the past two years. (b)Each quarterly report will be on a form prepared by the Clerk of Council and filed with the Clerk of Council no later than January 1 st, April 1st, July 1st, and September 1st of every year starting in 2022. Sec. 2-910.- Registration fee. The City may charge a Lobbyist Registration Fee to cover the costs associated with processing the Lobbyist Registration. The Lobbyist Registration Fee shall be in such amount established by resolution of the City Council. Sec. 2-911.-Disclosure reports made available to the public. The Clerk of Council shall make all Lobbyist disclosure reports available online to the public and copies available through the Clerk of Council’s office. Sec. 2-912.- Penalty for violation. (a)Any person who knowingly or willfully violates any provision of this Article, causes another person to knowingly or willfully violate this article, or knowingly or willfully aides or abets any person to violate this article is guilty of a misdemeanor. (b)Any person convicted of violating this Article may not act as a Lobbyist within the city or otherwise attempt to influence city legislation for compensation for one year after such a conviction. (c)Residents of the City of Santa Ana shall have standing to bring a civil action for enforcement of this Article. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that Ordinance No. NS-XXX Page 6 of 7 Ordinance No. NS-XXX Page 7 of 7 7 it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections , subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this ____ day of November, 2021. _________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ______________, 2021, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ______________ _____________________________ Daisy Gomez Clerk of the Council City of Santa Ana Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 1 Sunshine Ordinance Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 2 What is the Sunshine Ordinance? Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 3 A Set of Local Laws to Increase Transparency •Publishing City Council meeting agendas 96 hours in advance (vs. 72-hour requirement) •Requiring a community meeting for certain development projects •Requiring mailed notices for property owners and occupants within 500 feet of the subject property •Sharing RFPs and related documents, and making them available on the City’s website •Sharing calendars of City officials •Sharing FPPC forms on the City’s website •Creating a Five-Year Strategic Plan •Hosting annual budget meetings Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 4 Proposed Changes Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 5 Community Meetings •Expand the number of community meetings for certain development projects from one to two. –As proposed, the first community meeting would be required to be held within 20 days of submittal of an application for development project review. –The second community meeting would take place no earlier than ten days prior to the development project being resubmitted to the City after receipt of comments from staff. Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 6 Noticing •Increase the radius of distributing noticing of said community meetings from 500 feet of the subject property to 1,000 feet. –The current Sunshine Ordinance requires mailed noticing for properties and dwelling units within 500 feet. –As proposed, the noticing requirement would expand to 1,000 feet. –This applies to Planning Commission public hearings also. Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 7 Lobbyist Registration •Implement a Lobbyist Registration Policy. –The proposed policy includes the following: •DEFINITION: “Lobbyist” is defined as a person or business entity that received $250 or more in a calendar year for communicating, using any means, with a City official or employee to influence current or future City legislation, administrative decisions, City Council elections, or local initiative measures. This includes an employee, officer or director of an entity whose duties include communicating, either directly or through an agent, with city officials or City employees to influence any proposed or pending governmental, legislative or administrative action of the City. Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 8 •ANNUAL REGISTRATION: Lobbyists must register with the Clerk of the Council annually within 15 days of qualifying as a lobbyist. –Exemptions: •Any government official or employee acting in his or her official capacity •Any 501(c)(3)tax-exempt organization that receives funding from any federal, state or local government agency for the purpose of representing the interests of indigent persons and whose primary purpose is to provide direct services to those persons •A newspaper or other regularly published periodical, radio or television station or network, when in the ordinary course of business, it publishes content which directly or indirectly attempts to influence City officials or employees Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 9 •QUARTERLY REPORTS: Lobbyists must submit quarterly disclosure reports specifying the following: 1.The nature of the issues they are trying or tried to influence through lobbying of City officials 2.Identify each client and the amount of compensation received from each client for communicating, using any means, with City officials to influence current or future City legislation, administrative decisions, City Council elections, or local initiative measures; 3.All campaign contributions or gifts to elected City officials; 4.All campaign contributions to a controlled committee of an elected City official; 5.All fundraising activities conducted on behalf of elected City officials; 6.All contributions or gifts to political campaigns; 7.All contributions or gifts made at the behest of elected City officials; 8.All contributions or gifts to political campaigns made at the behest of elected City officials; 9.All contributions or gifts to registered domestic non-profit organizations made at the behest of elected City officials; 10.All contributions or gifts to religious institutions made at the behest of elected City officials; 11.All contributions or gifts to non-profits made at the behest of elected City officials; 12.All payment received for services as a consultant to the City or any City agency; 13.Any compensated work done for a political campaign of an elected City official; and •Disclosures shall cover the past two years. Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 10 •DISCLOSURE: The Clerk of the Council must post quarterly disclosure reports on the City’s website. •PENALTY FOR VIOLATION: Any person who violation of this policy is guilty of misdemeanor and may not act as a lobbyist for one year. Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 11 City Council Meeting Agendas •Publish City Council meeting agendas seven days prior to the meeting date. –State law requires agendas to be published three days in advance. –Current Sunshine Ordinance requires four days. –As proposed, the agendas would be required to be published seven days in advance. Sunshine Ordinance City Manager’s Office November 16, 2021 Slide 12 Questions?