REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Report and Request for Direction on Proposed Amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”) to Better Align the Requirements
Report
BACKGROUND
At the March 29, 2021 Governance and Ethics Committee (Committee) meeting, the Committee voted to review the Santa Clara City Code Chapter 2.155 enacted by Ordinance No. 1949 entitled “Regulation of Lobbying Activities” (Lobbyist Ordinance) (Attachment 1) and Chapter 2.160 enacted by Ordinance No. 1950 entitled “Calendars of Certain City Officials” (Calendaring Ordinance) (Attachment 2), to the June 7, 2021 meeting.
At the June 7, 2021 Governance and Ethics Committee meeting, the former City Attorney presented on the Lobbyist Ordinance and Calendaring Ordinance with a verbal report from City Clerk Hosam Haggag. The Committee approved recommendations, included in the next section, to bring forth to the full City Council for consideration.
Due to staff transitions, this item was postponed for further action and discussion. The item was referred to return to the Governance and Ethics Committee Workplan for 2023. The item was deferred to return to Governance and Ethics Committee in early 2024.
DISCUSSION
In December 2015, the City adopted the following:
• Chapter 2.155, entitled “Regulations of Lobbyist Activities”, to ensure that there are adequate and effective disclosure of information about efforts to lobby City Government. Lobbyists are required to register with the City and provide semi-annual reports on the lobbying activities that take place. These semi-annual reports require general description of the legislative or administrative action(s) that the lobbyist was retained to influence, and the outcome sought.
• Chapter 2.160, entitled “Calendars of Certain City Officials”, to make the calendars of certain City officials open to the public to provide greater transparency for meetings conducted by elected officials and executive management of the City. Each month these public officials are required to publish their calendars to the City’s website. The calendars require certain general information to be disclosed for all non-internal City related appointments.
At the June 7, 2021 Committee Meeting, the Governance and Ethics Committee approved a recommendation to be forwarded to the City Council for its consideration which included the following actions:
1. Amend the Public Calendar Ordinance to create different reporting standards for meetings with Lobbyists and Non-Lobbyists,
2. Amend the Public Calendar Ordinance that requires Councilmembers and staff who are required to comply with the Ordinance to report on the topics discussed and what was being requested,
3. Amend the Lobbyist Ordinance to require each lobbyist to report on the topics discussed and what was being requested,
4. Change the frequency of the Lobbyist Ordinance reporting requirements to align with the Public Calendar Ordinance to require reporting to be on a monthly cadence, and
5. City Clerk (elected) to return with a standard reporting template and
6. City Manager to return on staffing resources
The Committee motioned to bring forth the above amendments to the full Council for consideration as included in the June 7, 2021 minutes (Attachment 3). As stated above, due to the transition of staff, this item was never placed on an agenda for a City Council meeting.
Based on the Committee action from the June 7, 2021, the amendments for the regulations of Lobbyist Activities and the Public Calendar Ordinance are included in this report (Attachment 4) and the City Clerk would create a standard reporting template that may be utilized if the ordinance is adopted.
Staff recognizes that a significant amount of time has passed, and the membership of the Committee has changed since June 2021. As such, staff is seeking confirmation or alternative direction regarding the proposed amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
COORDINATION
This report was coordinated between the City Manager’s Office and the City Attorney’s Office.
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time for basic processing and archiving of submitted lobbyist reports.
PUBLIC CONTACT
Public contact was made by posting the Governance and Ethics Committee agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Provide direction on the proposed amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).
Staff
Reviewed by: Elizabeth Klotz, Assistant City Attorney
Approved by: Jōvan D. Grogan, City Manager and Glen Googins, City Attorney
ATTACHMENTS
1. Ordinance No. 1949
2. Ordinance No. 1950
3. Minutes - Governance and Ethics Committee June 7, 2021
4. Proposed Ordinance Amendments