City Council
Report
City Council Meeting: December 12, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code (SMMC) Section 4.85.020 Related to Lobbyist Registration and Reporting Requirements
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading the attached ordinance to amend Section 4.85.020 requiring lobbyists to file lobbyist forms using the City’s new electronic lobbyist registration system, and
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Summary
This amendment would update lobbyist regulations with references to using the newly implemented electronic registration system for filing forms. The City’s NetFile system allows community members to easily search for lobbying activities, eliminate the need to download, print and submit forms and reduce data entry for lobbyists, and create processing efficiencies for City Clerk staff.
Discussion
In 2016, the Council adopted Ordinance 2511 (CCS) establishing lobbyist regulations and requiring lobbyists to register with the City Clerk’s Office. Since then, Clerk staff created and posted fillable portable document format (PDF) registration forms on the City’s lobbyist webpage for lobbyists to download, fill out and file with the office. 2 of 3
Completed forms were then scanned, if needed, and posted on the City’s webpage.
Despite forms being scanned for Optical Character Recognition (OCR) to make them searchable, community members still requested a spreadsheet of all lobbyist activity to assist with their searches. Creating the spreadsheet required extensive staff time to reenter most information already documented on the forms, and they continued to update as new forms were filed.
In 2007, Council authorized staff to purchase NetFile, an electronic filing system for campaign disclosure statements, to improve the City’s electoral process. In 2015, Council adopted Ordinance 2499 (CCS), requiring the electronic filing of Campaign Disclosure Statements, to improve transparency. In 2017, Council adopted Resolution 11029 (CCS) requiring the electronic filing of Statements of Economic Interest (SEI) by City staff and officials using NetFile’s SEI module. In 2023, NetFile launched a Lobbyist Registration module and staff leveraged this existing system, rather than procure a new system, to streamline processes for Clerk staff. Staff launched the lobbyist registration module for the June 2023 renewal period. Since then, the City’s 25+ lobbyists have renewed and amended their registration electronically without major issues. This ordinance will require all lobbyists to file all forms electronically, which will increase accuracy and transparency.
Environmental Review
This proposed amendment to lobbyist regulations is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The amendment represents administrative changes to the lobbyist registration process and would not result in physical effects, and therefore, is exempt from CEQA.
Past Council Actions
Meeting Date Description
03/22/16 Original ordinance regulating lobbying in Santa Monica 3 of 3
04/25/17 Ordinance amending Chapter 4.85 to clarify definitions, registration and reporting requirements, and exemptions. 01/10/23 Ordinance amending Chapter 4.85 to clarifying the definition of ‘lobbying activity’ and prohibiting lobbyists to serve on City boards and commissions.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Maria Dacanay, Administrative Analyst
Approved Forwarded to Council
Attachments:
A. Proposed Ordinance Amending SMMC 4.85.020