3 3. The term “campaign contribution” further includes any transfer of anything of value received by a Controlled Committee from another committee, unless full and adequate consideration is received.
4. The term "campaign contribution" does not include:
a) Amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution; b) A payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fundraising event are $500.00 or less; or c) Volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her.
CANDIDATE means an individual who has filed a statement of organization as a committee for election to Elective County Office, a declaration of intent for election to Elective County Office or a declaration of candidacy to Elective County Office, whichever occurs first. An individual person shall not be deemed a candidate for purposes of this chapter (1) after the individual is sworn into Elective County Office, or (2) if the individual lost the election, after the individual has terminated their campaign statement filing obligation for Elective County Office pursuant to Government Code section 84214, or after certification of the election results, whichever is earlier.
CLIENT means the person who compensates a lobbyist for representation before a County official.
CONTRIBUTION See Campaign Contribution, above.
CONTROLLED COMMITTEE means a committee which is controlled directly or indirectly by a Candidate, or which acts jointly with a Candidate in connection with the making of expenditures. A Candidate controls a committee if the Candidate, their agent or any other committee the Candidate controls has a significant influence on the actions or decisions of the Controlled Committee.
COUNTY OFFICIAL means members of the Board of Supervisors and their staff (excluding administrative staff), appointees of the Board of Supervisors, the District Attorney, the Assessor, the Sheriff, Chief Operating Officer, Deputy County Executives, County department and agency heads, members of County boards or commissions, and persons who have been elected to a County office but have not yet been sworn into office.
CONTACT OR CONTACTING means attendance at a meeting with a County official, or any direct communication with a County official, whether oral, electronic, or in writing, including, but not limited to communication through an agent, associate, or employee, for the purpose of engaging in Lobbying Activity.
COMPENSATED or COMPENSATION means any economic consideration for services rendered or to be rendered in the future, including, without limitation, payment, distribution Docusign Envelope ID: D4C09300-94C5-42EA-A7A8-209EA7282DB3
4 transfer, loan advance, deposit, other rendering of money, property, services, or anything else of value.
ELECTIVE COUNTY OFFICE means the Board of Supervisors, the Assessor/Recorder/ County Clerk-Recorder, the District Attorney, the Sheriff, and the Treasurer/Tax Collector, or other County positions which are elected by the voters.
ELECTED OFFICER means an individual who holds Elective County Office or has been elected to Elective County Office but has not yet taken office.
GIFT shall be defined as set forth in the Political Reform Act, Government Code Section 81000 et seq., and the regulations adopted thereunder; except that the exclusion for campaign contributions shall be defined and governed as set forth in this chapter.
INFLUENCING means contacting, either directly or indirectly, for the purpose of promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the official actions of the County official, by any means, including, but not limited to providing, preparing, processing, or submitting information, incentives, statistics, studies, or analyses.
LEGISLATIVE ACTION means the drafting, introduction, consideration, modification, enactment, or defeat of any resolution, ordinance, amendment thereto, report, nomination, policy, or other action of the Board of Supervisors; a County board, commission, or task force; or any joint powers authority of which the County is a party.
LOBBYING ACTIVITY means influencing, or attempting to influence, directly or indirectly, a County official regarding public policy, legislative or administrative actions of the County, or decision-making on behalf of a particular interest or organization.
1. Lobbying activity does not include: general donations to organizations unless specifically intended for lobbying efforts in San Benito; expenditures to support a ballot measure; professionals advocating for their own applications or contracts; attending public meetings or submitting written statements to the official record; or volunteering with organizations, such as neighborhood groups not for compensation. For more details, see Section 3.01.153: Exemptions, below.
LOBBYIST, unless exempt under Section 3.01.153, means:
1. CONTRACT LOBBYIST means any person, whether an entity or individual, engaging in Lobbying Activity 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 $1,000.00 or more for any services that include engaging in Lobbying Activity during any consecutive three- month period.
2. IN-HOUSE LOBBYIST means any person, including a business, corporation, association, political action committee, or any other organization if its owners, officers, or employees have engaged in Lobbying Activity on its behalf.
3. EXPENDITURE LOBBYIST means any person who makes payments or incurs expenditures in the aggregate amount of $5,000.00 or more during any calendar year in connection with carrying out public relations, advertising, or similar Docusign Envelope ID: D4C09300-94C5-42EA-A7A8-209EA7282DB3
5 activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any County official in order to attempt to influence a legislative or administrative action. The $5,000.00 threshold does not include:
a) Compensation paid to contract lobbyists or in-house lobbyists for Lobbying Activity; or
b) Dues, donations, or other economic consideration paid to a membership organization that is ongoing in nature and whose membership services are not limited to Lobbying Activity, regardless of whether the dues, donations, or other economic consideration are used in whole or in part for Lobbying Activity.
4. LAND USE LOBBYIST means any person who, during any consecutive 12-month period (i) makes payments or incurs expenditures in the aggregate amount of $5,000.00 or more attempting to influence a major land use approval; or (ii) spends an aggregate amount of ten or more hours of compensated time attempting to influence a major land use approval, including time spent by officers, employees, agents, and members.
a) The exemptions in subsections (d), (i), (j), (l), and (m) of Section 3.01.153 (Exemptions) do not apply to land use lobbyists.
b) Officers, employees, agents, and members of a land use lobbyist are not required to separately comply with Section 3.01.152 (Registration and Disclosure Requirements) for time or funds expended on behalf of the land use lobbyist in the scope of that relationship.
LOBBYIST DISCLOSURE REPORT means a document, with requirements outlined in section 3.01.152 , that lobbyists, and lobbying firms are required to file to register as lobbyists and report their lobbying activities.
MAJOR LAND USE APPROVAL means any legislative or administrative action by the County on an application relating to:
1. Construction, demolition, alteration, development, or use of property in the unincorporated county that, if approved, would affect, in the aggregate, more than 25,000 gross square feet of existing, approved, or proposed buildings or structures;
2. The surface mining operation or reclamation of mined lands involving the disturbance or reclamation of more than 25,000 gross square feet of land; or
3. A "major subdivision," as defined in Section 23.01.004 of the San Benito County Code of Ordinances.
OWNER means any individual with greater than a 50-percent interest in the business.
PERSON means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert.
§ 3.01.152 REGISTRATION AND DISCLOSURE REQUIREMENTS.
(A) Lobbyist Registration.
1. Initial registration. A lobbyist is required to register his or her Lobbying Activity by filing a Registration Form, which is the same as a “Lobbyist Disclosure Form” Docusign Envelope ID: D4C09300-94C5-42EA-A7A8-209EA7282DB3
6 (outlined below) with the County Clerk-Recorder no later than ten days after accepting employment or contracting as a lobbyist and paying a registration fee. a) Registration forms are available on the County Clerk-Recorder’s official webpage, and require disclosure of lobbyist details (including name, business address, and contact information), employees engaged in lobbying, clients represented, and specifics of lobbying activities.
b) Amendments to registration must be submitted promptly following any changes to the provided information.
c) A lobbyist who meets the threshold requirements of one or more of the categories (contract lobbyist, in-house lobbyist, expenditure lobbyist, or land use lobbyist) is only required to register once but must make all disclosures in the Lobbyist Disclosure Report.
d) Only Lobbying Activity that occurs after the effective date of this ordinance shall be considered for the purpose of qualifying as a lobbyist.
2. Annual Registration. A lobbyist shall renew their registration by January 15 of each year by filing a Lobbyist Disclosure Report (defined below) and paying a registration fee, unless they have terminated their status as a lobbyist pursuant to this section.
3. Quarterly disclosures. Every Lobbyist registered or required to be registered pursuant to this Article must file a Lobbyist Disclosure Report for every calendar quarter with the County Clerk-Recorder no later than 15 calendar days after the end of each quarter after Initial Registration whether or not any Lobbying Activities have occurred during such period unless they have filed a declaration attesting to the termination of Lobbying Activity pursuant to the requirements of this section. a) Quarterly disclosures must be filed by April 15, July 15, and October 15 for the prior calendar quarter.
b) The statement shall be filed with the County Clerk-Recorder, and must include:
i. The name(s) and title(s) of the County Officer or Employee who was communicated with, or received the service or thing of value; ii. A description of the governmental decisions or issues discussed; iii. Any payments or other forms of compensation provided during the interaction(s); and
iv. Must be signed under penalty of perjury.
c) For purposes of determining the amount expended during one quarter, the amounts expended on any one County Officer or Employee by all representatives, officers, directors and employees of a corporation, firm, or organization shall be aggregated.
(B) Registration Fees.
1. Each lobbyist required to file a Lobbyist Disclosure Report under this article shall be charged an initial registration fee of $250.00, and an annual renewal fee of $125.00.
2. If the fee is not paid at the time of registration or registration renewal, a late registration fee will be assessed each day until the registration fee is paid in full. In no event will the late registration fee exceed one hundred (100) percent of the unpaid registration fee.
3. Lobbyists who fail to file a quarterly disclosure report on the date due will be assessed a late fee of $10 per day per violation.
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7 (C) Lobbyist Disclosure Report.
1. A lobbyist who meets the threshold requirements of one or more of the categories (contract lobbyist, in-house lobbyist, expenditure lobbyist, or land use lobbyist) must fill out a registration report and annual updates with all the applicable information including the following:
a) Name;
b) Business address;
c) Telephone and fax numbers;
d) Email address;
e) Names of all owners if the lobbyist is a sole proprietorship or partnership of fewer than five persons;
f) Names of the officers and agent of service of process, if any, if the lobbyist is a corporation;
g) If applicable, a description of the nature of, the business, corporation, association, committee, or any other organization in sufficient detail to inform the reader of its nature and purpose; and
h) If applicable, contacts made with County officials during the preceding calendar quarter for the purpose of conducting Lobbying Activity. Contact information must include a brief description of the item(s) of legislative or administrative action the lobbyist is seeking to influence and the number of contacts in the following ranges: one, two to five, six to ten, eleven or more.
2. All contract lobbyists must also provide the following information for each client:
a) Name of each client represented before County officials; b) A brief description of the legislative or administrative action(s) the lobbyist seeks to influence on behalf of each client;
c) Name of each person employed or retained by the lobbyist to engage in Lobbying Activity on behalf of each client; and
d) The total compensation promised or received from each client listed during previous calendar quarter for Lobbying Activity within the following ranges:
zero to $100,000.00, and over $100,000.01.
3. All in-house lobbyists must also provide the following information:
a) Names of each owner, officer, and employee conducting Lobbying Activities on its behalf; and
b) A brief description of the legislative or administrative action(s) the lobbyist seeks to influence.
4. All expenditure lobbyists must also provide the following information:
a) Names of each owner, officer, and employee conducting Lobbying Activities on its behalf; and
b) A brief description of the legislative or administrative action(s) the lobbyist seeks to influence.
5. Land use lobbyists:
a) All land use lobbyists must provide the following information for each major land use approval the land use lobbyist has attempted to influence during the reporting period:
i. A description of the major land use approval.
ii. A summary of the land use lobbyist's activities during the reporting period relating to influencing the major land use approval, including Docusign Envelope ID: D4C09300-94C5-42EA-A7A8-209EA7282DB3
8 reports prepared, events held, advertisements purchased, robocalls made, mailers distributed, and public officials contacted. iii. The total amount the land use lobbyist expended during the reporting period relating to influencing each major land use approval, excluding compensation to officers and employees.
iv. Each entity to which the land use lobbyist made payments of $500.00 or more, in the aggregate, during the reporting period for activities relating to influencing a major land use approval; the date of each payment; and the purpose for which the payment was made. v. All contacts by the land use lobbyist, including by its officers, employees, agents, and members, with public officials, including officers and employees of counties, cities, special districts, and state agencies, for the purpose of influencing the major land use approval.
The report must include the name of each public official, the date of the contact, and the nature of the contact.
vi. The client (if any) on whose behalf the land use lobbyist sought to influence the major land use approval.
vii. Any other information required by the County Clerk-Recorder through regulation consistent with the purposes and provisions of this Chapter. b) Land use lobbyists must update the reports required by this Section at least two (2) days, but not more than twenty-one (21) days, before any meeting or public hearing at which an action relating to the major land use approval, or any component thereof, will be on the agenda.
(D) Employment of County Officers or Employees.
1. A Lobbyist registered or required to be registered pursuant to this Article, or an individual, corporation, firm or organization employing or represented by a Lobbyist registered or required to be registered who knowingly employs a County Officer or Employee shall file a written notice with the County Clerk-Recorder. a) The notice shall be filed with the County Clerk-Recorder within 10 days after employing a County Officer or Employee. The notice shall be entitled, "Notice of Lobbyist Employing a County Officer or Employee" and shall contain the full name and business address of the person filing the statement, the full name of the County Officer or Employee the lobbyist is employing, and the date the lobbyist first employed the County Officer or Employee. (E) Termination of Registration.
1. If lobbyists file a declaration attesting to the termination of Lobbying Activity no later than the date the annual registration or quarterly disclosure is due, they will not be required to file any further reports. This declaration must be accompanied by a final Lobbyist Disclosure Report, disclosing any Lobbying Activities that occurred during the quarter of termination.
(F) Submission of Information. All information required under this section shall be submitted to the County Clerk-Recorder in the format designated by the County Clerk-Recorder. (G) Verification of Information. Lobbyists shall verify, under penalty of perjury, the accuracy and completeness of the information provided under this chapter (H) Retention of Documents. Lobbyists are requested retain for a period of five years all books, papers and documents necessary to substantiate the registration and disclosure reports required by this chapter.
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9 § 3.01.153 EXEMPTION.
The following persons are exempt from the requirements of this chapter unless otherwise specified:
(A) A public official acting in his or her official capacity. (B) A person engaged solely in publication or broadcasting of news items, editorials, or commentary which directly or indirectly urges governmental action. (C) A person hired by the County for work performed on behalf of County, or a person who prepares documents for approval by the County under the California Environmental Quality Act of 1970, or a person who has been specifically invited by a County official for the purpose of giving testimony in aid of the body or person extending the invitation or invited to attend a meeting such as a County task force or department committee meeting to provide information or assistance requested by County staff.
(D) The owner of a business whose attempts to influence governmental action are on behalf of the business and:
1. The owner or business has not retained a person to engage in Lobbying Activity on behalf of the owner or business; or
2. Officers or employees of the business (not including the owner) have not engaged in Lobbying Activity on behalf of the owner or business
3. This exemption applies only to the threshold for becoming an in-house lobbyist as defined in this code section. 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 this Section. (E) A person whose attempts to influence governmental action are limited to:
1. Publicly appearing at a public meeting, public hearing, or other official proceeding open to the public; and/or
2. Preparing, processing or submitting documents or writings in connection with governmental action for use at a public meeting, public hearing, or other official proceeding open to the public.
(F) A person whose sole activity includes one (1) or more of the following:
1. Submitting a bid on a competitively bid contract or other solicitation for goods or services;
2. Submitting a written response to a request for proposals or qualifications or other solicitation for goods or services;
3. Participating in an oral interview or other process in connection with a request for proposals or qualifications, or other solicitation for goods or services; or
4. Negotiating the terms of an agreement with the County official authorized to negotiate such an agreement.
(G) A person who meets with County officials solely to lodge "whistleblower" complaints relating to improper governmental activity such as mismanagement, waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (H) A person who meets with the County Counsel or Clerk of the Board regarding any claim or litigation matter, negotiation of any agreements where the County is a party, or the requirements or interpretation of this chapter.
(I) Members of non-profit organizations or the uncompensated members of the board of directors of a non-profit organization when they attempt to influence County officials on behalf of the non-profit organization.
(J) Members of neighborhood associations, neighborhood advisory committees, or project area committees.
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10 (K) A person whose communications are solely related to:
1. The establishment, amendment, administration, implementation, or interpretation of a collective bargaining agreement or a memorandum of agreement between the County and a recognized employee organization;
2. Management decisions as to the working conditions of represented employees that clearly relate to the terms of a collective bargaining agreement or memorandum of agreement between the County and a recognized employee organization; or
3. Proceedings before the County Personnel Board.
(L) A person whose communications with County officials are solely in connection with the administration of an existing contract or agreement between the person and the County. (M) Compensated officers or employees of a nonprofit organization with tax exempt status under Section 501(c)(3) of the Internal Revenue Code whose attempts to influence governmental action are on behalf of the organization.
(N) A person performing a duty or professional service that requires a license, including but not limited to attorneys, architects, certified public accountants (CPAs), or engineers licensed to practice in the State of California.
§ 3.01.154 PROHIBITIONS.
(A) No lobbyist shall commit any of the following acts:
1. Deception. Deceiving or attempting to deceive any county official regarding any material fact pertaining to any pending or proposed legislative or administrative action.
2. Unauthorized Communications. Sending or causing any communication to be sent to any county official in the name of any non-existent person or in the name of an existing person without the express or implied consent of such person.
3. Fictitious Persons. Contacting any county official in the name of any non-existent person or in the name of any existing person, except with the consent of such existing person.
4. Indirect Violations. Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries, or employees.
5. Creation of Obligations. Performing or sponsoring any act with the purpose and intent of placing any county official under personal obligation to the lobbyist.
6. Appearance of Obligations. Representing, directly or indirectly, orally or in writing, that he or she can control or obtain the vote or action of any County Official.
7. Unlawful Gifts. Making gifts to any county official aggregating more than $10 in a calendar month; acting as an agent or intermediary in the making of such gifts; or arranging for the making of such gifts by any other person. (B) No Elected Officer shall accept any Contribution from a person registered pursuant to this chapter where the person's registration form includes the Elective County Office that the Elected Officer holds.
(C) No Candidate or Controlled Committee shall accept any Contribution from a person registered pursuant to this chapter where the person's registration form includes the Elective County Office to which the Candidate is seeking election. (D) An Elected Officer, Candidate or Controlled Committee may reasonably rely on the information contained in the most recent list of registrants compiled by the County Clerk- Recorder in determining whether Contributions may be accepted from any person. Acceptance of Docusign Envelope ID: D4C09300-94C5-42EA-A7A8-209EA7282DB3
11 Contributions which would not be prohibited based on the information set forth in the County Clerk-Recorder’s most recent list of registrants shall not constitute a violation of this section. (E) No County official shall knowingly accept any Gift from an individual registered pursuant to this chapter. An Elected Officer, Candidate or Controlled Committee may reasonably rely on the information contained in the most recent list of registrants compiled by the County Clerk-Recorder in determining whether a Gift may be accepted from an individual.
1. Acceptance of a Gift from an individual or entity not on the County Clerk- Recorder’s most recent list of registrants shall not constitute a violation of this section unless the Elected Officer, Candidate or Controlled Committee knows that the individual or entity making the Gift has registered, even though the registrant has not been included on the list.
§ 3.01.155 PENALTIES.
(A) Negligent and unintentional violations of this chapter shall be punishable in accordance with procedures set forth in Chapter 1.04 of this Code. (B) Administrative fines for negligent and unintentional violations of this chapter shall be assessed in the following amounts:
1. A fine not exceeding two hundred and fifty dollars ($250.00) for a first violation;
2. A fine not exceeding five hundred dollars ($1,000.00) for a second violation within two years from the date of a prior violation; and
3. A fine not exceeding one thousand dollars ($2,000.00) for a third violation, or any subsequent violation, within two years from the date of any prior violation(s). (C) The County Clerk-Recorder shall post on the County website and make available to the public a list of all lobbyists who have received notices or paid fines for violating the provisions of this chapter within the previous four (4) years.
(D) Willful, knowing, or intentional violations of the provisions of this Article shall be liable in a civil action brought by the Office of the County Counsel. Any violation of the provisions of this chapter may result in civil penalties of up to $5,000.00 per violation, or the amount of the compensation received for the Lobbying Activity, whichever is greater. (E) Three negligent or unintentional violations, or one intentional violation of this Chapter shall result in a prohibition against engaging in Lobbying Activity for compensation. Such debarment will be in effect for two years from the date the County Clerk-Recorder determines that a violation has occurred or until the lobbyist has come into compliance with this Chapter, whichever is later.
(F) Violation of this chapter shall not constitute a criminal misdemeanor.
§ 3.01.156 ENFORCEMENT.
(A) Any person may file a complaint with the County Clerk-Recorder or Clerk of the Board alleging a violation of this Chapter.
(B) Enforcement protocol.
1. Upon discovering a potential violation of this Chapter, the County Clerk-Recorder must notify the lobbyist of the alleged violation and the requirements of this chapter.
Persons notified of a potential violation will have 30 days to correct the error or demonstrate to the County Clerk-Recorder that they have not violated this Article.
2. The County Clerk-Recorder, or their designee, will investigate alleged violations of this chapter in conjunction with the Office of the County Counsel. a) The County Clerk-Recorder has the power to inspect all documents required to be maintained by this Article.
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12 b) The County Clerk-Recorder may issue an order to show cause to any person for violations under this Article. Such an order must specify a time and place where such person must appear to provide evidence that he or she has complied with the requirements of this Article.
3. The County Clerk-Recorder shall assess and collect fees and administrative penalties as an Enforcement Officer, in conjunction with the Office of the County Counsel, in compliance with the administrative procedures established by Chapter 1.04 (Administrative Citations) of this Code.
4. Decisions of the County Clerk-Recorder shall be appealable to the Office of the County Hearing Officer established by Chapter 1.04 (Administrative Citations) of this Code.
(C) In addition to any other remedies provided in this chapter or any other law, ordinance, or regulation, and regardless of whether the administrative enforcement process in this chapter has occurred, the Office of the County Counsel may bring a civil action against any person who has violated or is violating any provision of this chapter. Any person determined by a court to have violated this chapter may be subject to civil penalties provided in this chapter and any other relief ordered by the court.
(D) The County Clerk-Recorder may promulgate rules, regulations, guidelines, and policies to implement and administer the provisions of this Chapter. a. The County Clerk-Recorder is authorized to establish policies and procedures necessary for the implementation of the program, including, but not limited to, public outreach, advertising, marketing, training sessions, seminars, and conducting both public and internal county training programs. b. The Clerk-Recorder may collaborate with internal departments and external partners to promote the program's success.
c. The County Clerk-Recorder is further authorized to make technical amendments to policies, applications, and filing forms as necessary.
d. The Clerk-Recorder is also empowered to allocate and expend general fund resources as budgeted and approved by the Board of Supervisors for the implementation of the program and to perform such other duties as may be necessary to fulfill the purposes of this ordinance.
SECTION 2. CODIFICATION.
Sections 3.01.150 through 3.01.156, inclusive, of this ordinance shall be codified. The remaining sections of this ordinance shall not be codified.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the chapter. Every section, subsection, sentence, clause, or phrase of this chapter is severable from all other sections, subsections, sentences, clauses, or phrases.
SECTION 4. CAPTIONS.
The titles and headings to the sections hereunder are not a part of this ordinance and shall have no effect upon the construction or interpretation of any part hereof.
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13 SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect and be in full force and effect February 3, 2025. Before the expiration of fifteen (15) days after the passage of this ordinance, the entire ordinance or a summary of the ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against the ordinance in a newspaper of general circulation published in the County of San Benito, State of California.
The foregoing ordinance was introduced at a regular meeting of the Board of Supervisors on October 22, 2024, and passed and adopted by the Board of Supervisors of the County of San Benito at the regular meeting held on the 12th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Angla Curro,
Chair, Board of Supervisors
ATTEST: APPROVED AS TO LEGAL FORM:
Vanessa Delgado, Clerk of the Board San Benito County Counsel
By: _______________________________ By:_____________________________ Clerk of the Board Rebekah Mojica, Deputy County Counsel
Date: _______________________________ Date:_____________________________ October 10, 2024 5 - Curro, Sotelo, Zanger, Kosmicki, Gonzales
0 - None
0 - None
0 - None
11/12/2024
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San Benito County
Lobbyist Initial / Annual
Renewal Application
Pursuant to San Benito County Code,
Chapter 3.01, Article XI: Lobbying
For Official Use Only
Use this form for New Registrations and Annual Renewals / Fourth Quarter Reports ONLY.
New Registration: Initial registration is $250.00 (Check/Money Order payable to: San Benito County Clerk, or by Credit Card – Service Fee applies)
Annual Renewal: Renew your registration annually by January 15th by filing this form and paying the renewal fee: $125.00 (Check/Money Order payable to: San Benito County Clerk, or by Credit Card – Service Fee applies) – Covers Fourth Quarter Report.
Quarterly Reports: For Quarterly reports, please use the Quarterly reporting form, matching your type of registration. Please use the General Lobbyist Quarterly Report or the Land Use Lobbyist Quarterly- Update report form.
Land Use Lobbyist Updates: Besides quarterly reporting, Land Use Lobbyists must file at least two (2) days, but not more than twenty-one (21) days, before any meeting or public hearing where an action relating to a major land use approval will be on the agenda. Please use the Land Use Quarterly/Update report form.
Section 1: Applicant Information
Please Select One: Initial Registration Annual Renewal Applicant Name:
Business Address
Street City State Zip
Mailing Address
(if different)
Street City State Zip
Phone Number: Fax Number
Email:
Website Address (if applicable)
Section 2: Applicant Type – Please check applicable box(es) Contract Lobbyist (If checked, complete Section 3)
In-House Lobbyist (if checked, complete Section 4)
Expenditure Lobbyist (If checked, complete Section 4)
Land Use Lobbyist (If checked, complete Sections 5 & 6) All applicants must complete the applicable section(s) (see above) as well signing in Section 7, Certification.
San Benito County - Lobbyist Registration
Section 3: Contract Lobbyist Information
List all Clients represented:
1. Name:
Briefly describe the legislative or administrative action(s) the lobbyist seeks to influence:
List all persons employed or retained to engage in Lobbying Activity on behalf of this client:
a b c
d e f
Total compensation promised or received from this client during the previous calendar quarter for Lobbying Activity $0 - $100,000 Over $100,000
2. Name:
Briefly describe the legislative or administrative action(s) the lobbyist seeks to influence:
List all persons employed or retained to engage in Lobbying Activity on behalf of this client:
a b c
d e f
Total compensation promised or received from this client during the previous calendar quarter for Lobbying Activity $0 - $100,000 Over $100,000
3. Name:
Briefly describe the legislative or administrative action(s) the lobbyist seeks to influence:
List all persons employed or retained to engage in Lobbying Activity on behalf of this client:
a b c
d e f
Total compensation promised or received from this client during the previous calendar quarter for Lobbying Activity $0 - $100,000 Over $100,000
For additional Clients, please add additional sheets (page 2)
San Benito County - Lobbyist Registration
Section 4: In-House / Expenditure Lobbyist Information
List the names of each owner, officer, and employee conducting Lobbying Activities on behalf of this organization
a b c
d e f
g h i
j k l
m n o
p q r
s t u
Brief description of the legislative or administrative action(s) the lobbyist seeks to influence
San Benito County - Lobbyist Registration
Section 5: Land Use Lobbyist Information
For EACH major land use approval that the lobbyist has attempted to influence during the reporting period, please provide the following – Continued on next page – Please use additional sheets as necessary (Pages 4 & 5).
Land Use approval #
Enter a unique number starting with 1, for each project. Used when more than one project is being lobbied for
Description of the major land use approval
Summary of activities during the reporting period relating to influencing this major land use approval
Total amount expended during the reporting period related to influencing this major land use approval:
List of entities to which payments of $500.00 or more, in the aggregate, during the reporting period for activities relating to influencing this major land use approval Name:
Date of Payment: Amount of Payment:
Purpose of Payment:
Name:
Date of Payment: Amount of Payment:
Purpose of Payment:
Name:
Date of Payment: Amount of Payment:
Purpose of Payment:
Name:
Date of Payment: Amount of Payment:
Purpose of Payment:
San Benito County - Lobbyist Registration
List of contacts by the lobbyist, including by its officers, employees, agents, and members, with public officials for the purpose of influencing this major land use approval Land Use approval #
Enter number from previous page, to uniquely identify each project. Used when more than one project is being lobbied for
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
Public Official Name: Date:
Nature of Contact:
San Benito County - Lobbyist Registration
Section 6: Land Use Lobbyist Meeting/Hearing Update
List of all upcoming Meeting/Hearings
Date Time Location Agenda Item
Section 7: Certification
I hereby certify that the information provided in this application is true and accurate to the best of my knowledge and belief. I understand that false statements made herein may be punishable as perjury.
Signature Date
Printed Name
San Benito County - Lobbyist Registration
Disclaimer: This information is a summary based on the provided ordinance. Always refer to the official San Benito County Lobbyist Ordinance and consult with the County Clerk-Recorder's office for the most accurate and up-to-date information on registration procedures, reporting requirements, and all other aspects of the ordinance.
Key Points
Initial Filing
• Triggering Events:
o Accepting employment or contracting as a lobbyist.
o Meeting the threshold requirements for any of the lobbyist categories (Contract Lobbyist, In-House Lobbyist, Expenditure Lobbyist, or Land Use Lobbyist).
• Filing Deadline: Within ten (10) days of the triggering event. • Filing Requirements:
o File an initial Lobbyist Disclosure Report with the County Clerk-Recorder. o Pay the initial registration fee of $250.00.
Quarterly Reporting
• Filing Deadline: Every quarter, no later than 15 days after the end of each quarter. • Filing Requirements:
o File a Lobbyist Disclosure Report with the County Clerk-Recorder, even if no lobbying activities occurred.
o Report on contacts with County officials, issues discussed, and any compensation provided.
Annual Renewal
• Renewal Deadline: January 15th each year.
• Renewal Process: File a Lobbyist Disclosure Report (same form used for initial registration reporting) with the County Clerk-Recorder.
• Renewal Fee: $125.00
Late Renewal
• Late Fee: A late registration fee is assessed for each day past the renewal deadline until the fee is paid. • Maximum Late Fee: The late fee cannot exceed 100% of the unpaid renewal fee.
Termination of Registration
• Termination Process: File a written declaration with the County Clerk-Recorder stating the intention to terminate registration.
• Final Report: Submit a final Lobbyist Disclosure Report covering activities up to the termination date. • Timing: Termination must occur before the annual renewal date (January 15th) to avoid the renewal requirement.
Land Use Lobbyist Updates:
• Triggering Event: Any meeting or public hearing where an action relating to a major land use approval will be on the agenda.
• Filing Deadline: At least two (2) days, but not more than twenty-one (21) days, before the meeting or public hearing.
• Filing Requirements: File an updated report with the County Clerk-Recorder, including information on recent activities, contacts, and expenditures related to the land use project.
Key Points to Remember
• Ongoing Obligations: Lobbyists have ongoing obligations to file reports throughout the year, including quarterly reports and updates for Land Use Lobbyists.
• Timely Filing & Renewal: Adhere to all filing deadlines to avoid late fees and potential penalties. • Accurate Reporting: Ensure all disclosure reports are accurate and complete, as they are subject to verification.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # City Manager-2025-22
AGENDA ITEM: RECEIVE REPORT REGARDING COMMUNITY COMMUNICATION
STRATEGIES AND PROVIDE STAFF POSSIBLE DIRECTION
DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager
RECOMMENDED ACTION: Receive report and provide staff possible direction
DISCUSSION: At the March 3, 2025 City Council meeting, Mayor Stephens requested that an agenda item be added to a future meeting regarding improving the City of Hollister’s information sharing with the community. Specifically, the request required city staff to return and provide the following information.
1. City Council to receive a presentation regarding existing resources and policy related to messaging the public.
2. Provide cost estimates for supporting an improving messaging process and policy.
3. Provide possible direction to staff about updating policy.
Effective communication between the city council and the community is essential for transparency, trust, and civic engagement. This report explores three options to enhance public information dissemination:
1. Distributing quarterly mailers to the community;
2. Initiating social media campaigns, including videos; and/or
3. Hiring a full-time Public Information Officer (PIO).
Each option includes estimated costs. It should be noted that the city’s website would also be updated with any of the content created as a result of these efforts.
Option 1: Quarterly Community Mailers
Regular mailers can inform residents about city initiatives, events, and important updates.
Printing and Mailing Costs: Assuming the city mails to 10,000 households, costs include design, printing, and postage.
o Design and Printing: Approximately $0.50 per piece.
o Postage: Utilizing USPS Marketing Mail rates, postage is about $0.20 per piece.
o Total per Mailer: $0.70 per household.
o Annual Cost: $0.70 x 10,000 households x 4 mailers = $28,000.
Nonprofit Mailing Rates: If the city qualifies for nonprofit USPS Marketing Mail
prices, postage costs may be reduced. Eligibility requires USPS authorization and compliance with specific content requirements.
Option 2: Social Media Campaigns Including Videos
Leveraging social media platforms can engage a broad audience with timely information.
Content Creation: Producing high-quality videos and posts requires investment. o Video Production: Professional videos can cost between $1,000 to $5,000 each, depending on complexity.
o Graphic Design and Copywriting: Estimated at $500 to $1,500 per campaign.
Advertising Budget: To ensure content reaches a wider audience, allocating funds for promoted posts is advisable.
o Monthly Ad Spend: $500 to $2,000.
o Annual Ad Spend: $6,000 to $24,000.
o Total Annual Cost: Assuming quarterly campaigns with one video each . Content Creation: $1,500 (average per campaign) x 4 = $6,000. Advertising: $12,000 (mid-range annual spend).
Total: $18,000 per year.
Option 3: Hiring a Full-Time Public Information Officer (PIO)
A dedicated PIO can manage communications, media relations, and community engagement. Currently, these duties are specified as one element of the Assistant City Manager job description. The City of Hollister does not have a classification for a Public Information Officer and would need to go through the appropriate steps to establish this as a new position. Below are examples of the compensation for this position in our neighboring jurisdictions.
County of San Benito
o Public Information Officer: $94,524 to $126,720 annually + benefits City of Gilroy
o Communications and Engagement Manager: $128,385 to $176,334 annually + benefits
City of Morgan Hill
o Communications and Engagement Manager: $141,191 to $185,696 annually + benefits
City of Salinas
o Community Relations Manager/PIO: $95,880 to $122,352 annually + benefits
The city council should evaluate these options based on budget, desired communication reach, and strategic priorities to enhance public information dissemination effectively.
Direction received will be implemented into the Fiscal Year 2025 -26 budget for consideration.
FISCAL IMPACT: Fiscal impact to be determined
PREVIOUS COUNCIL OR COMMISSION ACTION: At the March 3, 2025 meeting of the Hollister City Council, Mayor Stephens requested that an agenda item be added to a future meeting regarding improving the City of Hollister’s information sharing with the community.
CEQA: Not a project under CEQA