Legislation Details

File #: 24-0615   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 5/21/2024
Title: Review and Adopt a Long-term Advocacy Position (LAP) Related to the Levine Act

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