REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance Amending Chapter 2.29 of the Sunnyvale Municipal Code Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests
Report
BACKGROUND
On July 25, 2017, (RTC No. 17-0727) the City Council adopted Ordinance No. 3121-17 mandating electronic filing of campaign statements and statements of economic interests, which was codified as Sunnyvale Municipal Code (SMC) Section 2.29.010. The Section was updated on September 27, 2022, (RTC No. 22-0955) by Ordinance No. 3199-22 to correct a typographical error.
On September 6, 2024, the Governor signed Assembly Bill (AB) 1170 (Political Reform Act of 1974: filing requirements), which amended state law related to electronic filing of statements of economic interests to require that individuals required to file statements of economic interests (Form 700) pursuant to Government Code section 87200 shall file with the Fair Political Practices Commission (FPPC) rather than with the City Clerk.
In addition, since Sunnyvale Municipal Code section 2.29.010 was last adopted, the total contribution amounts triggering campaign statement and report filing requirements have increased pursuant to state law, making the amounts listed in the current ordinance out of date.
EXISTING POLICY
Sunnyvale Municipal Code Chapter 2.29 (Electronic Filing)
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(b)(5) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The attached Ordinance would conform Sunnyvale Municipal Code section 2.29.010 with the AB 1170 (Political Reform Act of 1974: filing requirements) obligation that individuals required to file statements of economic interests (Form 700) pursuant to Government Code section 87200 shall file with the Fair Political Practices Commission (FPPC).
In addition, the Ordinance would update Sunnyvale Municipal Code section 2.29.010 to remove specific total contribution amounts triggering campaign statement and report filing requirements as these amounts are set by state law.
FISCAL IMPACT
Adopting an Ordinance to update Sunnyvale Municipal Code Chapter 2.29 (Electronic Filing) does not have fiscal impact.
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.
ALTERNATIVES
1. Introduce an Ordinance amending Section 2.29.010 (Electronic Filing of Campaign Statements and Statements of Economic Interests) of the Sunnyvale Municipal Code to align with AB 1170 and remove specific total contribution amount triggers.
2. Other direction as provided by City Council.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Introduce an Ordinance amending Section 2.29.010 (Electronic Filing of Campaign Statements and Statements of Economic Interests) of the Sunnyvale Municipal Code to align with AB 1170 and remove specific total contribution amount triggers.
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 $500 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
An “X” 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
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Ordinance Amending Chapter 2.29 of the Sunnyvale Municipal Code Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests