CC Ordinance No. 23-2249 Amending City Code Chapter 2.100_ Regulation of Lobbying ActivitiesORDINANCE NO. 23-2249
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTER 2.100
THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
SECTION 1: Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 4: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
Ordinance No. 23-2249
Page 2
INTRODUCED at a special meeting of the Cupertino City Council on July 6, 2023 and
ENACTED at a regular meeting of the Cupertino City Council on July 18, 2023 by the
following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Jul 26, 2023
Jul 27, 2023
Jul 27, 2023
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Attachment A – Amendments to Chapter 2.100: Regulation of Lobbying Activities
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows.
2.100.010 Purpose.
The purpose of this chapter is to impose registration and disclosure requirements on
those engaged in efforts to influence the decisions of City policy makers for
Compensation. Disclosure of Lobbyists’ identities and activities fosters public
confidence in government officials by making government decision-making more
transparent to the public. Additionally, the disclosure and registration requirements
ensure that City Officials are made aware of the interests that Lobbyists represent when
the officials are lobbied.
2.100.020 Interpretation.
Unless the term is otherwise specifically defined in this chapter or the contrary is
stated, this chapter is intended to be interpreted consistently with the Political Reform
Act of 1974, Government Code Section 81000 et seq., as amended from time to time.
2.100.030 Definitions.
For the purposes of this chapter, the following definitions shall be applicable:
a) “Activity Expense” means any payment made by a Lobbyist to or directly
benefiting any City Official, City Official-elect or member of his or her immediate
family. Activity Expenses include Gifts, honoraria, consulting fees, salaries and any
other form of Compensation, but do not include campaign contributions.
b) “Administrative Action” means the proposal, drafting, development,
consideration, advocacy or recommendation of any rule, regulation, agreement or
contract, permit, license or hiring action.
c) “At the behest” means at the specific direction of, or at the personal request or
suggestion of, or with the express prior consent of, any elective City Official, City
Official-elect or candidate for elective City office.
d) “City Official” means any public official, or City employee who participates in
the consideration of any Legislative Action or Administrative Action other than in a
purely clerical, secretarial or ministerial capacity. It shall also include any City board or
commission member, or City representative to any joint powers authority to which the
City is a party, and any person working in a capacity as a consultant to the City.
e) “Client” means a Person who is represented by a Contract Lobbyist, but shall not
include the employer, if any, of the Contract Lobbyist.
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f) “Compensation” includes, but is not limited to, money of any denomination or
origin; goods or services or anything of value, delivered or rendered; or promises to
perform or provide services or contractual arrangements or awards.
g) “Contact” means attendance at a meeting with a City Official or City Official-
elect, or any direct communication with a City Official or City Official-elect, whether
oral, electronic or in writing, including, but not limited to communication through an
agent, associate or employee, for the purpose of Lobbying.
h) “Fundraising Activity” means soliciting a contribution; hosting or sponsoring a
fundraising event; or hiring a fundraiser or contractor to conduct any event designed
for political fundraising at which contributions for any City Official, candidate for
elective City office or any controlled committee of an elected City Official or candidate
for City office or for any political action committee, political party or candidate for
elective office of a governmental Organization are solicited, delivered or made.
i) “Gift” has the definition provided by the California Political Reform Act of 1974,
Government Code Section 82028, as amended from time to time.
j) “Independent Expenditure” has the definition provided by the California Political
Reform Act of 1974, Government Code Section 82031, as amended from time to time.
k) “Influencing” or “to Influence” means the purposeful communication, either
directly or through agents, promoting, supporting, modifying, opposing, causing the
delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a
City Official or official-elect, by any means, including, but not limited to, providing or
using persuasion, information, incentives, statistics, studies or analyses.
l) “Intermediary” means a Person who makes a campaign or officeholder
contribution on behalf of another Person. A Person is an Intermediary for a contribution
if the recipient of the contribution would consider that Person to be the contributor
without the disclosure of the identity of the true source of the contribution. A Lobbyist
acts as an Intermediary if the Lobbyist makes a contribution on behalf of another
Person, and that other Person is acknowledged as the contributor, and the Lobbyist is
reimbursed for the contribution.
m) “Legislative Action” means the drafting, introduction, consideration,
modification, enactment or defeat of any resolution, ordinance, amendment thereto,
report, nomination, or other action of the Mayor, City Council, any City board,
committee, or commission or any joint powers authority of which the City is a party,
acting in its official capacity, or the granting, approval, or amendment of contracts or
agreements to which the City is a party by any of the foregoing.
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n) “Lobbying” means making a Contact with a City Official for the purpose of
Influencing or attempting to Influence, whether or not successful, a Legislative Action
or Administrative Action of the City on behalf of his or her employer or client, except as
provided in section 2.100.031.
o) “Lobbyist” means a Contract Lobbyist or Organization Lobbyist as follows:
1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more
Clients (acting individually or through agents, associates, employees or contractors)
and who has received or has entered into an agreement for Compensation of five
thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation
threshold Compensation”) for engaging in Lobbying during any calendar quarter
during the preceding twenty-four months; or
2) Organization Lobbyist: Any Organization that hires an employee for
Compensation to engage in Lobbying on its behalf with the City, provided that the
employee is paid five thousand dollars ($5,000.00) or more, or equivalent nonmonetary
Compensation (“threshold Compensation”), during any calendar quarter during the
preceding twenty-four months specifically for engaging in Lobbying or for time during
which Lobbying was the employee’s primary duty. Individuals employed by an
Organization Lobbyist to engage in Lobbying are not themselves Lobbyists unless they
meet the definition of Contract Lobbyist.
p) “Organization” means any Person that is not an individual.
q) “Person” means any individual, domestic or foreign corporation, for-profit or
nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint-stock
company, partnership of any kind, limited liability company, common-law trust,
society, or any other group of Persons acting in concert.
2.100.031 Excluded Activities.
a) For the purposes of this chapter, the following activities shall not be considered
Lobbying, and the performance of such activities shall not be considered in determining
whether a Person is a Lobbyist:
1) Any actions taken by a public official acting in his or her official capacity or
acting within the scope of his or her employment or appointment;
2) Any actions taken by a Person hired by the City for work performed on behalf of
the City, or a Person who prepares documents for consideration by the City under the
California Environmental Quality Act, when acting in that capacity;
3) With respect only to Persons who do not otherwise qualify as Lobbyists,
appearing at or submitting testimony for any public meeting held by the City or any of
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its agencies, offices, or departments, as long as the communications thereto are public
records available for public review;
4) Providing oral or written information pursuant to a subpoena or otherwise
compelled by law or regulation, or in response to an official request;
5) Communicating with City Officials in connection with the administration of an
existing contract or agreement between the Person (or its employer) and the City;
6) Meeting with the City Attorney, or City staff regarding any claim or litigation
matter, negotiation of any agreements or contracts where the City is a party, or the
requirements or interpretation of this chapter.
7) Communications by designated representatives of a recognized employee
Organization to City Officials or their representatives regarding (A) wages, hours and
other terms or conditions of employment, or (B) the administration, implementation or
interpretation of an existing employment agreement;
8) Submitting bids or responding to requests for proposals while directly
communicating with the official or department specifically designated to receive such
information;
9) For purposes of the definition of Organization Lobbyist, actions taken by the
owners or employees of a business seeking to obtain a permit or other entitlement,
license, or similar Administrative Action generally available to qualifying members of
the public. This exemption shall not apply to actions taken on behalf of, or for the
benefit of, a Client by a Contract Lobbyist;
10) For purposes of the definition of Organization Lobbyist, actions taken by the
Media in the ordinary course of news gathering, reporting, or editorial activity, as
generally carried out by members of the professional or amateur press. “Media” shall
mean the publishers of newspapers or any other regularly published periodical or
newsletter, a radio or television station or network, and Persons who publish
information on the Internet. This exemption shall not apply to actions taken on behalf
of, or for the benefit of, a Client by a Contract Lobbyist;
11) Communications by individuals who are professionally licensed by a State
licensing Organization pursuant to the California Business and Professions Code,
including, but not limited to, attorneys, architects and engineers, and whose
communications are made in the course of professional activity under such license;
12) Actions taken by individuals whose only Compensation for the actions is
reimbursement of their own reasonable travel, meals, or incidental expenses; and
13) Actions taken by a nonprofit Organization, or its officers or employees.
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2.100.040 Registration.
Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a
Lobbyist under CMC 2.100.030. Should a Lobbyist have a change to its registration
information, including, but not limited to, the City Legislative Action or Administrative
Action as to which the Lobbyist has been engaged, after the annual registration period,
such Lobbyist shall file an amended registration with the City Clerk within fifteen (15)
days of such change with the changed information.
2.100.050 Annual registration renewal.
A Lobbyist shall renew their registration by January 15th of each year unless they have
terminated their status as a Lobbyist pursuant to CMC 2.100.060 by such date.
2.100.060 Termination of Lobbyist status.
After initial registration, annual registration renewal will not be required if a
declaration attesting to the termination of Lobbying services within the City has been
filed with the City Clerk no later than January 15th.
2.100.070 Active status.
All registrations, renewals and terminations will be deemed filed on the date received
by the City Clerk. A Lobbyist shall be deemed active for the duration of the year of
registration ending December 31st, unless a declaration attesting to termination of
Lobbying services within the City is filed.
2.100.080 Registration fees.
Persons subject to the registration requirements of this chapter shall pay an annual fee
set by resolution of the City Council.
a) The applicable registration fee is due at the time of registration or registration
renewal. Payment will be deemed delinquent thereafter. Delinquency fees may be
assessed as specified in subsection (c) of this section, if payment occurs after the due
date.
b) In addition to the annual fee, each registrant who is a Contract Lobbyist shall pay
a fee set by resolution of the City Council per Client for whom Lobbying is undertaken
for Compensation in excess of five hundred dollars ($500.00). The fees for Clients as of
the date of initial registration shall be submitted with the registration. The fees for
subsequent Clients shall be due and submitted within fifteen (15) days of such change
with the changed information pursuant to CMC 2.100.040.
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c) An administrative penalty of twenty-five dollars ($25.00) per day for delinquent
fees, up to a maximum of five hundred dollars ($500.00) in total penalties, will be
assessed until in compliance with the registration provisions herein.
2.100.090 Required registration information.
The initial registration shall contain the name, business address, telephone, email
addresses and, if applicable, business license of all Persons required to register pursuant
to this chapter, including the names of all owners of sole proprietorships and
partnerships of fewer than ten Persons. If the registrant is a corporation, it shall also
include the names of the president, secretary, chief financial officer, and agent for
service of process, if any. In addition to this information, the report shall contain the
following:
a) Contract Lobbyists: The name, business address, and telephone number of each
Client and the item(s) of Legislative Action or Administrative Action the Lobbyist is
seeking to influence on behalf of the Client; and the name of each Person employed or
retained by the Lobbyist to lobby on behalf of each Client.
b) Organization Lobbyists: The names of owners, officers, or employees engaged
in Lobbying on behalf of the Organization, and the item(s) of Legislative Action or
Administrative Action t those owners, officers, or employees are seeking to influence.
c) Payment received by the reporting Lobbyist for services as a consultant or in any
other capacity for services rendered to a City agency, any City Official or any City
Official-elect or their controlled committees, or ballot measure committee within the
previous calendar year. The dates of payment and name of each payer shall be
included.
d) Contacts made with City Officials or City Officials-elect during the preceding
calendar year for the purpose of to influence Lobbying, which shall describe the matter
that the Lobbyist sought to influence.
e)Activity Expenses such as payments that directly benefit any City Official, City
Official-elect or member of his or her immediate family or domestic partner made
during the preceding calendar year. Activity Expenses include Gifts, honoraria,
consulting fees, salaries and other forms of Compensation, but do not include campaign
contributions.
f) The name, address, title and telephone number of the Person responsible for
preparing the report, together with that individual’s signature attesting to the authority
of the signatory and the accuracy and truthfulness of the information submitted.
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2.100.100 Semi-annual reports.
Semi-annual reports for the prior six-month period are to be filed with the City Clerk by
each Lobbyist on or before July 15th and January 15th of each year, whether or not any
Lobbying activities have occurred during such period. Electronic reporting may also be
permitted by the City Clerk. Each semi-annual report shall contain the same
information as required to be disclosed in the initial registration, for those activities
occurring in that period. If a Lobbyist has terminated all Lobbying activities during
such period, the Lobbyist may file a declaration of termination with the semi-annual
report. The final semi-annual report shall include disclosure of any Lobbying activities
during the period of termination.
2.100.110 Records retention.
All information, reports and statements required to be filed under the provisions of this
chapter shall be compiled and preserved by the City pursuant to the City’s records
retention schedule and shall be open to public inspection. Copies of the records
pertaining to the above-required reports shall be preserved by the Lobbyist for
inspection and audit for a period of four years from date of production.
2.100.120 Lobbyist identification.
When appearing in a Lobbying capacity at any meeting with a City Official or at a
public meeting of the City Council or any other City board, commission or hearing, a
Contract Lobbyist shall identify themself and the Client(s) on whose behalf they are
appearing, and an individual representing an individual representing an Organization
Lobbyist shall identify themself and the Organization they represent.
2.100.130 Prohibitions.
It shall be unlawful for any Person to knowingly or willfully (as those terms are
defined in Penal Code section 7) commit any of the following acts:
a) Acting as a Lobbyist in the City without having registered in compliance with
this chapter, or knowingly to employ a Person or entity to serve as a Lobbyist when
such Person is not registered pursuant to this chapter.
b) Attempting to evade the requirements of this chapter through indirect efforts or
through the use of agents, associates, intermediaries or employees.
2.100.140 Gifts.
It shall be unlawful for any Lobbyist to deliver or cause to be delivered any Gift to any
City Official, and for any City Official to accept any Gift from a Lobbyist. This provision
shall be interpreted consistently with Government Code Section 86203.
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2.100.150 Enforcement.
Persons or entities that violate this chapter may be subject to penalties as set forth in
CMC 1.10.150 and 1.12.010.
2.100.160 Injunction.
The City Attorney may seek injunctive relief in the courts to enjoin violations of or to
compel compliance with the provisions of this chapter.
2.100.170 Exemptions.
Any Person who in good faith and on reasonable grounds believes that he or she is not
required to comply with the provisions of CMC 2.100.040 by reason of his or her being
excluded under CMC 2.100.031 shall not be deemed to have violated the provisions of
this chapter if, within fifteen (15) days after notice from the City, he or she either
complies or furnishes satisfactory evidence to the City that he or she is exempt from
registration.
Ordinance No. 23-2249 Amending City Code
Chapter 2.100: Regulation of Lobbying Activities
Final Audit Report 2023-07-26
Created:2023-07-26
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAhzneRuXHi6ZpmZt5En9B0H8iqNDTjyF0
Ordinance No. 23-2249 Amending City Code Chapter 2.100: Re
gulation of Lobbying Activities" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2023-07-26 - 8:53:30 PM GMT- IP address: 71.204.144.228
Document emailed to christopherj@cupertino.org for signature
2023-07-26 - 9:11:49 PM GMT
Email viewed by christopherj@cupertino.org
2023-07-26 - 9:15:58 PM GMT- IP address: 104.47.73.254
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-07-26 - 9:16:12 PM GMT- IP address: 136.24.22.111
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-07-26 - 9:16:14 PM GMT - Time Source: server- IP address: 136.24.22.111
Agreement completed.
2023-07-26 - 9:16:14 PM GMT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify
the attached to be a true and correct copy of Ordinance No. 23-2249
which was enacted on July 18, 2023, and that it has been published or
posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 27th day of July 2023.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California