ORDINANCE NO. 21- 2222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADDING CHAPTER 2. 100 (" REGULATION OF LOBBYING ACTIVITIES") TO TITLE 2 (" ADMINISTRATION AND PERSONNEL") OF THE CUPERTINO
MUNICIPAL CODE
The City Council of the City of Cupertino finds that:
WHEREAS, the residents of Cupertino have a right to know the identity of interests which may attempt to influence decisions of City government, as well as the means employed by those interests; I
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WHEREAS, completepublicdisclosureof thefull rangeof activitiesby andfinancingof I lobbyistsandthosewho employ their servicesis essentialto themaintenanceof residents' confidencein the integrity of City government;
WHEREAS, it is in the public interest to ensurethat lobbyists do not misrepresentfacts, obscure their positions or clients, or attempt to deceive a City official through false communications; do not placea City official under personalobligation to themselvesor their clients; and do not representthat they cancontrol the actionsof any City official; WHEREAS, it is in the public interest to adopt this chapter to ensure adequate and effectivedisclosureof information about efforts to lobby City government; WHEREAS, theCity CouncilherebyadoptsthisOrdinancepursuantto its authority under Article XI, Section 7 of the California Constitution;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
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TheCupertino Municipal Codeis hereby amendedto add Chapter2.100 ("Regulation of Lobbying Activities") to Title 2 (" Administration and Personnel') of the Code, as set forth in Attachment A.
SECTION 2: Severabilityand Continuity.
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Ordinance No. 21- 2222
TheCityCouncildeclaresthateachsection, sub-section, paragraph, sub-paragraph, sentence, clauseandphraseof thisordinanceisseverableandindependentof every othersection, sub-section, paragraph, sub-paragraph, sentence, clauseandphraseof thisordinance. If anysection, sub-section, paragraph, sub-paragraph, sentence, clause orphraseofthisordinanceis heldinvalid, or its applicationto anypersonor circumstance,bedeterminedby a courtof competentjurisdictiontobeunlawful, unenforceableor otherwisevoid, theCity Councildeclaresthatit wouldhaveadopted theremainingprovisionsofthisordinanceirrespectiveofsuchportion, andfurther declaresits expressintentthattheremainingportionsof thisordinanceshouldremain in effectaftertheinvalidportionhasbeeneliminated. Totheextenttheprovisionsof thisOrdinancearesubstantiallythesameaspreviousprovisionsof theCupertino MunicipalCode, theseprovisionsshallbeconstruedascontinuationsofthose provisionsandnotasanamendmenttoorreadoptionoftheearlierprovisions.
SECTION 3: California Environmental Ouality Act.
ThisOrdinanceisnotaprojectundertherequirementsof theCaliforniaEnvironmental QualityAct,togetherwith relatedStateCEQAGuidelines(collectively, "CEQA") because it hasno potentialto resultin physicalchangeto theenvironment. In theeventthatthis Ordinanceis found to be a projectunder CEQA, it is subjectto the CEQAexemption containedin CEQA Guidelines section15061(b)(3) becauseit canbe seenwith certainty that there is no possibilitythat this Ordinancemay have a significanteffecton the environment. The foregoing determinationis made by the City Council in its independent judgment.
SECTION 4: Effective Date.
ThisOrdinanceshalltakeeffectthirty daysafteradoptionasprovidedby Government CodeSection36937. However, the provisions of Chapter 2.100 ("Regulation of Lobbying Activities") shallnotbecomeoperativeuntil July1,2021. TheCity, or its designee,will notbeginto enforcetheprovisionsof Chapter2.100until thatdate.
SECTION 5: Publication.
TheCity Clerkshallgivenoticeof adoptionof this Ordinanceasrequiredby law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be preparedby theCityClerkandpublishedin lieuofpublicationof the entire text. The CityClerkshallpostintheofficeoftheCityClerkacertifiedcopyofthefulltextofthe Ordinancelistingthenamesof theCity Councilmembersvotingfor andagainstthe ordinance.
Ordinance No. 21- 2222
INTRODUCED at a regular meeting of the Cupertino City Council on February 2, 2021, and ENACTED at aregular meetingof the Cupertino City Council on February 16, 2021 by the following vote:
Vote Members of the Citv Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Darcy PaUMayor Date
City of C
ATTEST:
Z— I 24
Kirsten Squarcia, CWyClerk Date
APPROVED AS TO FORM:
H& W'& M. Mtn Mar 3, 2021
Heather Minner, City Attorney Date
Attachment A
Chapter 2. 100
REGULATION OF LOBBYING ACTIVITIES
Sections:
2. 100. 010 Purpose.
2. 100. 020 Interpretation.
2. 100. 030 Definitions.
2. 100. 040 Registration.
2. 100. 050 Annual registration renewal.
2. 100. 060 Termination of Lobbyist status.
2. 100. 070 Active status.
2. 100. 080 Registration fees.,
2. 100. 090 Required registration information.
2. 100. 100 Quarterly reports.
2. 100. 110 Records retention.
2. 100. 120 Lobbyist identification.
2. 100. 130 Prohibitions.
2. 100. 140 Gifts.
2. 100. 150 Enforcement.
2. 100. 160 Injunction.
2. 100. 170 Practice restrictions.
2. 100. 180 Exemptions.
2. 100. 010 Purpose.
Thepurposeof thischapteristo imposeregistrationanddisclosurerequirementsonthose engagedin efforts to influencethe decisionsof City policy makersfor Compensation. Disclosure of Lobbyists' identitiesandactivities fosterspublic confidencein governmentofficials by makinggovernmentdecision-makingmoretransparentto thepublic.Additionally,thedisclosure andregistrationrequirementsensurethat City Officials aremadeawareof the intereststhat Lobbyists represent when the officials are lobbied.
2. 100. 020 Interpretation.
Unlessthetermisspecificallydefinedin thischapterorthecontraryis statedor clearlyappears from the context,the definitions setforth in GovernmentCode Section81000et seq., shall governtheinterpretationof this chapter.
2. 100. 030 Definitions.
For thepurposesof this chapter, the following definitions shall beapplicable:
Attachment A— Page 1
a)" Activity Expense"meansanypaymentmadeby a Lobbyist to or directly benefitingany City Official, City Official- elector memberof his or her immediatefamily. Activity Expensesinclude Gifts, honoraria, consulting fees, salaries and any other form of Compensation, but do not include campaign contributions.
b)" Administrative Action" meansthe proposal, drafting, development, consideration, advocacy or recommendation.of any rule, regulation, agreementor contract,permit, licenseor hiring action.
c) " At the behest"meansat thespecific direction of, or atthepersonalrequestor suggestionof, or with the expressprior 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 considerationof anyLegislativeAction or Administrative Action otherthan in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representativeto anyjoint powersauthority to which the City is aparry, andany consultant to the City.
e) " Client" means a Person who is represented by a Lobbyist. f) " Compensation" includes, but is not limited to, money of any denominationor origin; goods or servicesor anything of value, deliveredor rendered; or promisesto perform or provide services or contractual arrangements or awards.
g) " Contact"meansattendanceat a meetingwith a City Official or City Official- elect, or any direct communicationwith a City Official or City Official- elect,whetheroral, electronic or in writing, including, but not limited to communication through an agent, associate or employee, for the purpose of engaging in Lobbying activity.
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h) " FundraisingActivity" meanssoliciting a contribution; hosting or sponsoringa fundraising event; or hiring a fundraiseror contractorto conductanyeventdesignedfor political fundraising at which contributionsfor anyCity Official, candidatefor elective City office or any controlled committeeof anelectedCity Official or candidatefor City office or for anypolitical action committee,political party or candidatefor electiveoffice of a governmentalOrganizationare solicited, delivered or made.
i)" Gift" means gift as defined in the California Political Reform Act, Government Code Section 81000 et seq., as amended from time to time. 1
j)" IndependentExpenditure"meansan expendituremadeby any Person, including a payment of public moneysby a stateor local governmentalagency, in connectionwith a communication which expresslyadvocatestheelection or defeatof a clearly identified candidateor the qualification, passageor defeatof a clearly identified measure, or takenasa whole andin context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee.
k)" Influencing" means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or Attachment A- Page 2
otherwiseintentionally affecting the behaviorof a City Official or official- elect,by anymeans, including, butnotlimitedto, providingorusingpersuasion, information, incentives, statistics, studies or analyses.
1)" Intermediary"meansaPersonwhomakesa campaignorofficeholdercontributiononbehalf of anotherPerson. A Personis anIntermediaryfor a contribution if the recipient of the contribution would consider that Person to be the contributor without the disclosure of the identityof thetruesourceof thecontribution.A LobbyistactsasanIntermediaryif theLobbyist 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 otheractionof theMayor, City Council,anyCity board, committee, or commissionoranyjoint powersauthorityof whichtheCity isaparty,actingin its official capacity, orthegranting, approval, or amendmentof contractsor agreementsto which the City is aparry by anyof the foregoing.
n) " Lobbying" is the Influencing or attemptingto influence a Legislative Action or Administrative Action of the City.
o) " Lobbyist," unless exempt under subsection (p) of this section, means:
1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients actingindividuallyorthroughagents, associates, employeesorcontractors)andwhohas received or has entered into an agreement for Compensation of one thousand dollars 1,000.00) or more, or equivalent nonmonetary Compensation(" threshold Compensation") for engagingin Lobbyingduringanyconsecutivethree-monthperiod; 2) Businessor OrganizationLobbyist: Any businessor Organization,whoseowner(s), officer(s) or employee(s) carry out Lobbying on its behalf, in an aggregateamountof ten hoursor morewithin any consecutivetwelve( 12)-month period, whetheror not suchofficers or employeesarespecifically compensatedto engagein Lobbying; provided,thatthe activities of officers shall beconsideredLobbying only if thoseofficers receive Compensationbythebusinessor Organizationbeyondreimbursementfor theirreasonable travel, meals or incidental expenses; or
3) ExpenditureLobbyist: A Personwho makespaymentsor incursexpendituresof five thousand dollars ($ 5,000.00) or more during anycalendaryear in connectionwith carrying outpublicrelations, advertisingor similaractivitieswith theintentof solicitingorurging, directlyor indirectly, otherPersonsto communicatedirectlywith anyCity Officialin order to attempt to influence Legislative Action or Administrative Action. The five thousand dollar 5,000.00) threshold shall not include: ( A) Compensation paid to Contract Lobbyists or employeesfor Lobbying; or( B) duespayments, donations, or othereconomicconsideration paidto anOrganization, regardlessof whethertheduespayments, donationsorother economicconsiderationareusedin whole or in part to lobby. p) Exemptionsto" Lobbyist" include:
Attachment A- Page 3
1)Any public official acting in his or her official capacityor actingwithin the scopeof his or her employment or appointment;
2) The Media, when limiting its actionto the ordinary courseof newsgatheringor editorial activity, ascarriedout by membersof thepress. "Media" shallmeannewspapersor any otherregularly publishedperiodical,radio or television stationor network or information publishedonthe Internet. This exemptiondoesnot apply to individuals conductingmedia activities whenthat individual would otherwisequalify asa ContractLobbyist underthis chapter;
3) Persons reimbursed for only their reasonable travel, meals or incidental expenses, including, but not limited to, uncompensated members or directors of nonprofit Organizations, such as chambers of commerce;
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4) Persons whose communications regarding any Legislative Action or Administrative Action aresolely limited to appearingat or submittingtestimony for anypublic meetingheld by the City or any of its agencies, offices, or departments, aslong asthe communications theretoarepublic recordsavailablefor public review. Personswho appearor testify at public meetingsandwho otherwisequalify asLobbyists dueto other activitiesmustregisterand disclosetheir Lobbying activities directedtoward City Officials, andmust identify themselves and their Clients at public meetings, in the same manner and to the same extent such registration, disclosure, and identification is required of all other Lobbyists; 5) Personssubmittingbids or respondingto requestsfor proposals,providedtheprovision of such information is limited to direct conversation or correspondence with the official or idepartment specifically designated to receive such information; 6) Personsproviding oral or written information pursuantto a subpoenaor otherwise compelledby law or regulation, or in responseto an official request;provided,that the requestandresponsetheretoarepublic recordsavailablefor public review; j 7) Designated representatives of a recognized employee Organization whose activities are limited to communicatingwith City Officials or their representativesregarding(A) wages, hours and other terms or conditions of employment, or( B) the administration, implementation or interpretation of an existing employment agreement; 8) Personswho areprofessionally licensedby a Statelicensing Organizationpursuantto the California Business and Professions Code, including, but not limited to, attorneys, architects andengineers;providedhowever,the exemptionfor attorneysshall only be applicableif the attorney is engaged in the practice of law with respect to the subject of the employment; 9) Board members or employees of nonprofit 501( c)( 3) corporations, unless the nonprofit Organizationis Lobbying for a specific project, issueor Personfor which the Organization hasreceivedCompensationor a contribution to lobby for or againsta specificproject, issue or Person;
10) Members of neighborhood associations;
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Attachment A- Page 4
11)A Personhired by the City for work performed on behalfof the City, or aPersonwho preparesdocumentsfor considerationbytheCity undertheCaliforniaEnvironmental Quality Act;
12) The owner of a businesswhoseattemptsto influencegovernmentalactionareon behalf of the business and:
i) The owner or business has not retained a Person to engage in Lobbying activity on behalf of the owner or business; or
ii) Officers or employeesof the business (not including the owner)havenot engaged in Lobbying activity on behalfof the owneror business.
This exemptionappliesonly to thethresholdfor becominga Businessor Organization Lobbyist as defined under Section 2. 100. 030( o), subsection ( 2). An owner of a business who meets this exemption is subject to the requirements of this chapter if he or she meets the definition of Contract Lobbyist or Expenditure Lobbyist as defined under subsections ( 1) and 3) of Section 2. 100. 030( o), respectively;
13)Personswho meetwith City Officials solely to lodge" whistleblower" complaints relatingto allegedimpropergovernmentalactivitysuchasmismanagement,wasteof funds, anabuseof authority,or asubstantialandspecificdangerto publichealthor safety; 14)Personswhosecommunicationswith City Officials aresolely in connectionwith the administrationof anexistingcontractoragreementbetweenthePersonandtheCity; or 15) Personswho meetwith the City Attorney, or City staff regardingany claim or litigation matter,negotiationof any agreementsor contractswherethe City is aparty, or the requirements or interpretation of this chapter.
q) " Organization"meansanyPersonthat is not an individual. r)" Person"meansany individual, domesticor foreign corporation,for-profit or nonprofit entity, firm, association, syndicate, union, chamberof commerce,joint- stockcompany,partnershipof anykind, limitedliability company, common-lawtrust, society, or anyothergroupof Persons acting in concert.
2. 100. 040 Registration.
Lobbyists shallregisterwith the City Clerk within fifteen( 15) daysafter qualifying asaLobbyist under CMC 2.100.030. Should a Lobbyist have a change to its registration information, including, butnotlimitedto,theCity LegislativeActionorAdministrativeActionasto which the Lobbyist hasbeenengaged, after the annualregistrationperiod, suchLobbyist shall file an amendedregistrationwith the City Clerk within fifteen( 15)daysof suchchangewith the changed information.
2. 100. 050 Annual registration renewal.
A Lobbyistshallrenewhisorherregistrationby January15thof eachyearunlessheor shehas terminatedtheir statusasa Lobbyist pursuantto CMC 2.100.060by suchdate.
2. 100. 060 Termination of Lobbyist status.
Attachment A- Page 5
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After initial registration, annualregistrationrenewalwill notberequiredif adeclarationattesting to theterminationof Lobbying serviceswithin the City hasbeenfiled with the City Clerk no later than January 15th.
2. 100. 070 Active status.
All registrations,renewalsandterminationswill bedeemedfiled onthedatereceivedbytheCity Clerk. A Lobbyist shall bedeemedactivefor the duration of the yearof registrationending December31st,unlessadeclarationattestingtoterminationof Lobbyingserviceswithin theCity is filed. I
1 2. 100. 080 Registration fees. f
Personssubjectto theregistrationrequirementsof thischaptershallpayanannualfeesetby resolution of the City Council.
a) The applicable registration fee is due at the time of registration or registration renewal.
Paymentwill be deemeddelinquentthereafter. Delinquencyfeesmay beassessedasspecifiedin subsection( c) of this section, if payment occurs after the due date. b) In additionto theannualfee, eachregistrantshallpayafeesetby resolutionof theCity Council per Client for whom Lobbying is undertaken for Compensation in excessof 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)daysof suchchangewith the changedinformation pursuantto CMC
2. 100. 040.
c) A fine of twenty- five dollars ($ 25.00) per day for delinquent fees, up to a maximum of five hundred dollars($ 500.00), will be assesseduntil in compliancewith theregistrationprovisions herein.
2. 100. 090 Required registration information.
The initial registration shall contain the name, business address, telephone, email addresses and, if applicable,businesslicenseof all Personsrequiredto registerpursuantto this chapter, including thenamesof all ownersof soleproprietorshipsandpartnershipsof fewer thanten Persons. If theregistrantis acorporation, it shallalsoincludethenamesof thepresident, secretary, chieffinancialofficer, andagentfor serviceof process, if any.Any businessor Organizationregisteringunderthis act shall alsobriefly describethe natureof its businessor Organization and contact individual. In addition to this information, the report shall contain the following:
a) Contract Lobbyists: The name, business address, telephone number of each Client, the nature of each Client' s business 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 retainedby the Lobbyist to lobby on behalf of eachClient. b)Businessor OrganizationLobbyists: Thenamesof owners, officersoremployeesconducting Lobbying activities and the item( s) of Legislative Action or Administrative Action the Lobbyist is seekingto influence.
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c) ExpenditureLobbyists: The item(s) of municipal Legislative Action or Administrative Action the Lobbyist is seeking to influence.
d)Paymentreceivedby thereportingLobbyistfor servicesasa consultantor in anyother capacityforservicesrenderedtoaCityagency, anyCityOfficialoranyCityOfficial-elector their controlled committees, or ballot measurecommitteewithin the previous calendaryear. The datesof paymentandnameof eachpayershallbeincluded.
e) Campaignandofficeholder contributionsthat aLobbyist made, delivered or actedasan Intermediaryfor,toanelectedCityOfficialorcandidateforCityofficemadeduringthe precedingcalendaryear. APersonisanIntermediaryforacontributionif therecipientofthe contribution would considerthat Personto bethe contributor without the disclosureof the identityofthetruesourceofthecontribution. Also, aLobbyistactsasanIntermediaryif the Lobbyistmakesacontributiononbehalfof anotherPerson, andthatotherPersonis acknowledgedasthe contributor, andtheLobbyist is reimbursedfor the contribution. f) Campaignand.officeholder contributionsmadeat the behestof an electedCity Official or candidatetoanyotherelectedpublicofficialorcandidateforpublicofficeduringthepreceding calendar year.
g)All IndependentExpendituresmadefororonbehalfofaCityOfficialorcandidateforCity office made during the preceding calendar year.
h)FundraisingActivityforanyCityOfficial, candidateforelectiveCityofficeoranycontrolled committeeof theelectedCity Officialorcandidatefor City officeor for anypoliticalaction committee,politicalpartyorcandidateforelectiveofficeofagovernmentalOrganizationmade atthebehestof aCity Official duringtheprecedingcalendaryear.Requiredinformationand disclosuresmustincludethe nameof the City Official, candidate, committeeor party on whose behalftheLobbyistengagedin fundraisingactivities, or deliveredor actedasIntermediaryfor oneor more contributions. The information anddisclosuresmustalsoincludethe nameof the CityOfficialrequestingtheFundraisingActivity,thedateoftheFundraisingActivity,thename of thecontributorsandtheamountof contributionsraised, deliveredand/or madein connection with which the Lobbyist acted as an Intermediary.
i) DonationstoforprofitornonprofitOrganizationsmadeatthebehestofaCityOfficialor candidateforelectiveCityofficeofanycontributionorpaymentofmorethanonethousand dollars in the aggregate made during the preceding calendar year. j)ContactsmadewithCityOfficialsorCityOfficials-electduringtheprecedingcalendaryearfor thepurposeofinfluencingorattemptingtoinfluenceLegislativeActionorAdministrativeAction.
Contactinformationmustincludea brief descriptionof the item(s) of LegislativeAction or AdministrativeActiontheLobbyistis seekingto influence,thedate(s) of Contact, themethod(s) of Contact, and the number of Contacts in the following ranges: (one),( two to five),( six to ten) or eleven or more).
k)ActivityExpensessuchaspaymentsthatdirectlybenefitanyCityOfficial, CityOfficial-elect ormemberof hisorherimmediatefamilyordomesticpartnermadeduringthepreceding Attachment A - Page 7
calendar year. Activity Expenses include Gifts, honoraria, consulting fees, salaries and other forms of Compensation, but do not include campaign contributions. 1) Thename, address, title andtelephonenumberof the Personresponsiblefor preparingthe report, together with that individual' s signature attesting to the authority of the signatory and the accuracyandtruthfulnessof the information submitted.
2.100.100 Quarterly reports.
Quarterly reports for the prior three-month period areto be filed with the City Clerk on or before July15th, October15th,January15th, andApril 15thofeachyear, whetherornotanyLobbying activitieshaveoccurredduring suchperiod. Electronic reportingmay alsobepermittedby the City Clerk. Each quarterly report shall contain the sameinformation as required to be disclosed in the initial registration, for thoseactivities occurring in that period. If a Lobbyist hasterminated all Lobbying activities during such period, the Lobbyist may file a declaration of termination with the quarterly report. The final quarterlyreport.shall include disclosureof anyLobbying activities during the period of termination.
2. 100. 110 Records retention.
All information, reportsandstatementsrequiredto befiled undertheprovisionsof 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 meetingof the City Council or anyother City board, commissionor hearing, a ContractLobbyist shall identify himself/ herself and the Client( s) on whose behalf he/she is appearing, and a Business or Organization Lobbyist shall identify himself/ herself and the business or Organization he/ she represents.
2. 100. 130 Prohibitions.
It shall be unlawful for any Lobbyist to commit any of the following acts:
a) Unregistered Lobbying: 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) UnauthorizedCommunications: Sendingor causingany communicationto be sentto any City Official in the nameof anynonexistentPersonor in the nameof an existing Personwithout the express or implied consent of such Person. I
c) Indirect Violations: Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees. d) Creation of Obligations: Performing or sponsoring any act with the purpose and intent of placing any City Official underpersonalobligation to the Lobbyist. 1 I
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Attachment A- Page 8
e) ContingentCompensation: Compensationfor Lobbying activity when the Compensationis directly dependenton the result of Legislative Action( s) or Administrative Action(s) that arethe subject of the Lobbying activity.
2. 100. 140 Gifts.
It shallbeunlawful for any Lobbyist to deliver or causeto bedeliveredany Gift to any City Official, andfor any City Official to acceptany Gift from aLobbyist.
2. 100. 150 Enforcement.
Personsor entitiesthat violate this chaptermay be subjectto penaltiesassetforth in CMC
1. 12. 010.
2. 100. 160 Injunction.
TheCityAttorneymayseekinjunctivereliefin thecourtsto enjoinviolationsof orto compel compliancewith theprovisionsof this chapter.
2. 100. 170 Practice restrictions.
No Personwho the City finds to haveviolatedthis chaptermay act asaLobbyist or otherwise attempt to influence municipal Legislative Actions or Administrative Actions for Compensation for one year after such finding of violation.
2. 100. 180 Exemptions.
Any Personwhoin goodfaithandonreasonablegroundsbelievesthatheor sheisnotrequired to complywith theprovisionsof CMC2.100.040by reasonof hisor herbeingexemptunder CMC2.100.030(p) shallnotbedeemedto haveviolatedtheprovisionsof CMC2.100.040if, within fifteen( 15)daysafternotice from the City, he or sheeither compliesor furnishes satisfactoryevidenceto the City that heor sheis exemptfrom registration.
Attachment A- Page 9
Ordinance No. 21 - 2222 ( Regulation of Lobbying
Activities)
Final Audit Report 2021- 03- 03
Created: 2021- 03- 02
By: Cyrah Caburian( cyrahc@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAx8BNb5Jfm9R8PQy0gRBt1geu15CDoKOF Ordinance No. 21 - 2222 ( Regulation of Lobbying Activities)" Hist ory
Document created by Cyrah Caburian ( cyrahc@cupertino. org) 2021- 03- 02- 6: 36: 25 PM GMT- IP address: 174. 194. 193. 53 Document emailed to Araceli Alejandre ( aracelia@cupertino. org) for approval 2021- 03- 02- 6: 37: 20 PM GMT
Document emailed to Heather M. Minner( minner@smwlaw. com) for signature 2021- 03- 02- 6: 37: 20 PM GMT
ba DocumentapprovedbyAraceliAlejandre ([email protected]) Approval Date: 2021- 03- 02- 9: 38: 40 PM GMT- Time Source: server- IP address: 73. 170. 27. 253 Email viewed by Heather M. Minner( minner@smwlaw. com)
2021- 03- 03- 9: 20: 53 PM GMT- IP address: 45. 41. 142. 36 bo Documente-signedbyHeatherM. Minner([email protected]) Signature Date: 2021- 03- 03- 9: 21: 18 PM GMT- Time Source: server- IP address: 52. 39. 49. 65 Agreement completed.
2021- 03- 03- 9: 21: 18 PM GMT
21 PGW
Adobe igrl
CVPUMNQ
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
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CITY OF CUPERTINO
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1, 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. 21-2222 which was enactedon February 16, 2021, andthat it hasbeenpublished or posted pursuant to law ( G.C. 40806).
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IN WITNESS WHEREOF, I have hereunto set my hand and seal s
this 2-2—dayof March 2021.
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KIRSTEN SQUARCIA, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California