REPORT TO COUNCIL
SUBJECT
Title
Review and Adopt a Long-term Advocacy Position (LAP) Related to the Levine Act
Report
BACKGROUND
At the April 23, 2024 meeting, Council directed staff to return with proposed language for a new long-term advocacy position related to the modernization of the Levine Act.
This report presents a new Long-Term Advocacy Position (LAP) for Council’s approval, which enables City advocacy on pending legislation and issues based on this policy statement.
EXISTING POLICY
Council Policy 7.4.14, Legislative Advocacy Positions
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
DISCUSSION
In 1982, the Legislature passed, and Governor Jerry Brown signed the Levine Act, which applied to state and local bodies in which the members were not directly elected by the voters. The purpose of the Act is to prevent officials from using their authority as government officials to demand campaign contributions from applicants. At that time, the Act did not apply to legislative bodies, such as city councils, county boards of supervisors, and the Legislature. In 2022, the Legislature passed, and the Governor Gavin Newsom signed SB 1439 (Glazer), Chapter 848, Statutes of 2022, which expanded the Levine Act to include local legislative bodies in which the members were directly elected by the voters.
The City does not have a policy position allowing advocacy on the Levine Act. To support this topic, a new long-term advocacy position such as the following would need to be adopted by Council:
“Support efforts to achieve the goals of the Levine Act while providing clear and understandable rules that do not unreasonably limit officials’ ability to participate in governance of the City.”
Adoption of such a policy would allow the Mayor and staff to a take position on legislation that supports modernization of the Levine Act.
FISCAL IMPACT
There is no fiscal impact as a result of action taken by this report.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Staff makes no recommendation. Approval of the consent calendar constitutes Council approval of a new long-term advocacy position as presented:
“Support efforts to achieve the goals of the Levine Act while providing clear and understandable rules that do not unreasonably limit officials’ ability to participate in governance of the City.”
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
A check or “Y” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
___ Labor or personal employment contract
_Y_ General policy and legislative actions
Staff
Prepared by: Michelle Zahraie, Senior Management Analyst
Reviewed by: Rebecca Moon, Interim City Attorney
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Kent Steffens, City Manager