SR 07-13-2021 13K 13.K
July 13, 2021
Council Meeting: July 13, 2021 Santa Monica, California
1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services
Department
Date: July 13, 2021
13.K Request of Councilmembers Brock and Parra that Council direct staff to
return with a proposed ordinance, similar to that in place in Beverly Hills,
that: (1) more precisely defines what constitutes a lobbyist/legislative
advocate; (2) precludes any individual who in the prior two years has been
acting as a lobbyist/legislative advocate from being appointed to a board,
commission, or task force; and (3) precludes any member of a board,
commission, or task force from simultaneously acting as a
lobbyist/legislative advocate.
13.K
Packet Pg. 2594
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Vernice Hankins
From:Clerk Mailbox
Sent:Thursday, July 8, 2021 1:30 PM
To:councilmtgitems
Subject:FW: Support for Agenda item 13-K, Council meeting of July 13, 2021, ordinance to ban lobbyists
from serving on boards & commissions - NE Neighbors
From: Tricia Crane <1triciacrane@gmail.com>
Sent: Thursday, July 8, 2021 1:26 PM
To: Sue Himmelrich <Sue.Himmelrich@SMGOV.NET>; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine
Parra <Christine.Parra@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Oscar de la Torre
<Oscar.delaTorre@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete
<Lana.Negrete@SMGOV.NET>; George S. Cardona <George.Cardona@santamonica.gov>; Clerk Mailbox
<Clerk.Mailbox@SMGOV.NET>; Denise Anderson‐Warren <Denise.Anderson‐Warren@SMGOV.NET>; John Jalili
<John.Jalili@santamonica.gov>
Subject: Support for Agenda item 13‐K, Council meeting of July 13, 2021, ordinance to ban lobbyists from serving on
boards & commissions ‐ NE Neighbors
EXTERNAL
To: Santa Monica City Council
From: The Board of Northeast Neighbors
Re: Agenda Item 13-K, the creation of a City ordinance banning lobbyists from serving on boards &
commissions
Council meeting of July 13, 2021
Dear Mayor Himmelrich and members of the City Council,
The Board of Northeast Neighbors is in strong support of Agenda Item 13-K, which calls for the
creation of a City ordinance that defines clearly what a lobbyist is and prohibits individuals who act as
lobbyists from serving on City boards, commissions and task forces.
The City’s Ethics training explicitly prohibits individuals from being appointed to these bodies if it
positions them to advance a political agenda that advantages their organization’s philosophy or
interests. We would like to see a distinction made between paid lobbyists and community advocates.
Our boards and commissions are meant to serve as a resource to the City Council and should not
become a platform for the advancement of special interests.
Please Support Agenda Item 13-K.
Item 13.K 07/13/21
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Packet Pg. 2595 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Thank you.
The Board of Northeast Neighbors
Item 13.K 07/13/21
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Packet Pg. 2596 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Janet Heinle <jerzwmn@gmail.com>
Sent:Sunday, July 11, 2021 11:45 AM
To:councilmtgitems; Sue Himmelrich; Kristin McCowan; Christine Parra; Phil Brock; Oscar de la Torre;
Gleam Davis; Lana Negrete; John Jalili; George S. Cardona; Clerk Mailbox; Denise Anderson-Warren
Subject:NO LOBBYISTS
EXTERNAL
SUPPORT for a strong ban on lobbyists!
Janet Heinle
Lincoln Bl 90403
Item 13.K 07/13/21
Item 13.K 07/13/21
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Packet Pg. 2597 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Karen Croner <kcroner@me.com>
Sent:Sunday, July 11, 2021 8:18 AM
To:councilmtgitems
Subject:13 K
EXTERNAL
I would like to support 13 K ‐ no lobbyists on boards or commissions etc. etc.
I hope you look into the SM downtown board. My understanding also is that residents who originally brought bird in
serve on a commission and was also a lobbyest at the same time. That should disqualify any people since this rule has
been on the books and not followed. So I would make this ruling retroactive as well for any lobbyists who did not
register and still served on boards.
Additionally the city needs to be more transparent about crime. It shouldn’t be left up to word of mouth. We need to be
educated so we can protect our homes and ourselves. For instance I didn’t know there had been an enormous number
of break‐ins of cars in Sunset Park. I found out when my car was broken into.
Now I can purchase the necessary security. If you don’t want rumors flying on FB pages, please step up and inform us.
Thank you. So excited about this City Council this year!
Item 13.K 07/13/21
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Packet Pg. 2598 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Jim Pickrell <jim.pickrell@gmail.com>
Sent:Sunday, July 11, 2021 6:34 AM
To:Jim Pickrell
Subject:13k banning lobbyists from city boards and commissions
EXTERNAL
Hi,
I understand the Council members Brock and Parra have proposed a ban on lobbyists being on public boards and
commissions.
The city's boards and commissions seem to be packed with lobbyists and political appointees whose opinions have very
little to do with residents. Many lobbyists have alternate identities as "bicycle advocates" or leaders of "groups of
concerned citizens" who think that buildings in our city aren't tall enough, so this may be hard to enforce, but still, it's
move in the right direction.
I hope this proposed rule will be adopted and I hope it will be successful.
Jim Pickrell
Item 13.K 07/13/21
Item 13.K 07/13/21
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Packet Pg. 2599 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Elizabeth Van Denburgh <emvandenburgh@gmail.com>
Sent:Monday, July 12, 2021 3:38 PM
To:Sue Himmelrich; Kristin McCowan; Christine Parra; Phil Brock; Oscar de la Torre; Gleam Davis; Lana
Negrete; councilmtgitems
Cc:John Jalili; Susan Cline; Anuj Gupta; George S. Cardona
Subject:City Cnl. Meeting 7/13 - Item 13k - SUPPORT by Board of Wilshire Montana Neighborhood Coalition
(Wilmont) for draft ordinance regarding lobbyist definition and appointment to boards, commissions
and task forces
EXTERNAL
Mayor Himmelrich and City Councilmembers,
The Board of the Wilshire Montana Neighborhood Coalition supports the request by
Councilmembers Brock and Parra to direct staff to return with a proposed ordinance, similar to
that in place in Beverly Hills, that more precisely defines what is a lobbyist/legislative advocate,
precludes any individual who in the prior two years has been acting as a lobbyist/legislative
advocate from being appointed to a board, commission or task force and precludes any member
of a board, commission or task force from simultaneously acting as a lobbyist/legislative
advocate.
In addition, we request the following items be considered in developing the proposed ordinance:
We believe that the Beverly Hills legislation is too limiting by only regulating "compensated
legislative advocates''. Persons holding "volunteer" positions that can direct the actions of
Legislative Advocate organizations should also be included in the regulation as well as
individuals in positions of responsibility, or exercising significant influence whether paid
or unpaid, in 527 organizations (primarily created to influence an issue, policy,
appointment or election, be it federal, state or local)
The development of ordinances without administration or enforcement makes the rules
of the city ineffective and questions why they were passed if the city does not have the
will or the resources to enforce them. The FPPC does not have jurisdiction over local
lobbyist rules. Residents are dependent upon City staff to ensure the completion,
reporting, compliance requests and enforcement of these laws. The current city lobbyist
registration policy requires the Executive Director of a nonprofit to register as a lobbyist
Item 13.K 07/13/21
Item 13.K 07/13/21
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Packet Pg. 2600 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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(outlined in the website FAQs as individuals that should register as lobbyists). It was
identified by a resident that the Executive Director of Abundant Housing LA, a 501(c)(3)
non‐profit, has not registered as a lobbyist. When we pass ordinances we must have the
will and the resources to enforce them and that should be outlined in the proposed
ordinance.
Thank‐you
Board of Wilshire Montana Neighborhood Coalition (Wilmont)
Item 13.K 07/13/21
Item 13.K 07/13/21
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Packet Pg. 2601 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Clerk Mailbox
Sent:Monday, July 12, 2021 8:08 PM
To:councilmtgitems
Subject:FW: 13.K. banning lobbyists from city boards and commissions
From: Jim Pickrell <jim.pickrell@gmail.com>
Sent: Sunday, July 11, 2021 6:34 AM
To: Jim Pickrell <jim.pickrell@gmail.com>
Subject: 13k banning lobbyists from city boards and commissions
EXTERNAL
Hi,
I understand the Council members Brock and Parra have proposed a ban on lobbyists being on public boards and
commissions.
The city's boards and commissions seem to be packed with lobbyists and political appointees whose opinions have very
little to do with residents. Many lobbyists have alternate identities as "bicycle advocates" or leaders of "groups of
concerned citizens" who think that buildings in our city aren't tall enough, so this may be hard to enforce, but still, it's
move in the right direction.
I hope this proposed rule will be adopted and I hope it will be successful.
Jim Pickrell
Item 13.K 07/13/21
Item 13.K 07/13/21
13.K.a
Packet Pg. 2602 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Ann Hoover <annkbowman@yahoo.com>
Sent:Tuesday, July 13, 2021 10:09 AM
To:councilmtgitems; Sue Himmelrich; Gleam Davis; Kristin McCowan; Lana Negrete; Christine Parra; Phil
Brock; Oscar de la Torre
Cc:John Jalili; Denise Anderson-Warren; George S. Cardona; Susan Cline
Subject:July 13, 2021 Council Meeting - Item 13.K - SUPPORT
EXTERNAL
Dear Mayor Himmelrich and Esteemed Councilmembers -
Please support this item. It is key to the credibility & high integrity of representation on our Boards and Commissions.
Thank you!
Ann Hoover
Resident 24+ years
CITY CLERK - Please include this email in the permanent record of public correspondence for the July 13, 2021 City
Council Meeting - thank you!
Item 13.K 07/13/21
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Packet Pg. 2603 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:zinajosephs@aol.com
Sent:Tuesday, July 13, 2021 10:58 AM
To:councilmtgitems; Gleam Davis; Kristin McCowan; Sue Himmelrich; Christine Parra; Oscar de la Torre;
Phil Brock; John Jalili; Anuj Gupta; Susan Cline
Cc:zinajosephs@aol.com
Subject:FOSP: City Council 7/13/21 agenda item 13-K -- Lobbyists -- SUPPORT
EXTERNAL
July 13, 2021
To: Mayor Himmelrich and City Councilmembers
From: Board of Directors, Friends of Sunset Park
RE: 7/13/21 agenda item 13-K – Proposed ordinance re lobbyists
The FOSP Board supports the following:
a) the request of Councilmembers Brock and Parra,
b) the letter below from the Wilmont Board, and
c) the Letter-to-the-Editor below from Marc L. Verville.
In addition, we urge you to close the loophole that lobbyists don't have to list their public comments (both
written and verbal) at City Council meetings in their reporting of lobbying activities. This exception was created
with the excuse that the public could witness such activities.
However, not everyone states their employer in their letters or when they speak, so it leaves the monitoring and
enforcement up to the residents. This is especially critical on those occasions when the City Clerk’s office
doesn't include all attachments to correspondence in the public record. This results in lobbyists providing City
Council members with information that the public doesn't see.
Thank you for your consideration.
Item 13.K 07/13/21
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Packet Pg. 2604 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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__________________________________________________________________
Wilmont letter:
Mayor Himmelrich and City Councilmembers,
The Board of the Wilshire Montana Neighborhood Coalition supports the request by Councilmembers Brock
and Parra to direct staff to return with a proposed ordinance, similar to that in place in Beverly Hills, that more
precisely defines what is a lobbyist/legislative advocate, precludes any individual who in the prior two years has
been acting as a lobbyist/legislative advocate from being appointed to a board, commission or task force, and
precludes any member of a board, commission or task force from simultaneously acting as a lobbyist/legislative
advocate.
In addition, we request the following items be considered in developing the proposed ordinance:
We believe that the Beverly Hills legislation is too limiting by only regulating "compensated legislative
advocates''. Persons holding "volunteer" positions that can direct the actions of Legislative
Advocate organizations should also be included in the regulation as well as individuals in positions
of responsibility, or exercising significant influence whether paid or unpaid, in 527
organizations (primarily created to influence an issue, policy, appointment or election, be it federal,
state or local).
The development of ordinances without administration or enforcement makes the rules of the city
ineffective and questions why they were passed if the city does not have the will or the resources to
enforce them. The FPPC does not have jurisdiction over local lobbyist rules. Residents are dependent
upon City staff to ensure the completion, reporting, compliance requests and enforcement of these
laws. The current city lobbyist registration policy requires the Executive Director of a nonprofit to
register as a lobbyist (outlined in the website FAQs as individuals that should register as lobbyists). It
was identified by a resident that the Executive Director of Abundant Housing LA, a 501(c)(3) non-
profit, has not registered as a lobbyist. When we pass ordinances we must have the will and the
resources to enforce them and that should be outlined in the proposed ordinance.
Thank-you
Board of Wilshire Montana Neighborhood Coalition (Wilmont)
_________________________________________________________________________________
Opinion: “Santa Monica Needs More Sunshine in the Decision Making Process” –
Marc L. Verville -- 7/12/21 – Santa Monica Lookout
https://www.surfsantamonica.com/ssm_site/the_lookout/letters/Letters-
2021/07_12_2021_LETTERS_Santa_Monica_Needs_More_Sunshine_in_the_Decision_making_Process.html
Item 13.K 07/13/21
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“As the City considers the upcoming 13 Item regarding overhaul of the City’s lobbying policy, three critical issues need to
be addressed if the new policy is to have any real impact ("Council to Consider Barring Lobbyists From Boards and
Commissions," July 8, 2021).
Those issues are:
Santa Monica-specific Objectives
Definition of a Lobbyist or Legislative Advocate
Policy Administration
Santa Monica-specific Objectives
Given the outsized city wealth, and the potential wealth impacts of practically every decision in the city, it is not a
coincidence that there are countless influencers seeking an advantage in every facet of city decision making. As the
stakes get higher each year, the problem grows. Each year, resident trust in city government diminishes by an equal and
opposite measure.
Consequently, the city requires what can only be termed “radical transparency” in the form of strong and extensive
lobbyist regulation. Out of an abundance of caution, any policy solution should err on the side of maximal transparency.
Definition of a Lobbyist or Legislative Advocate
The current concept being contemplated is modeled on Beverly Hills. While a good start, the BH ordinance only regulates
“Compensated Legislative Advocates.” That is too limiting. Persons holding “volunteer” positions that can direct the
actions of Legislative Advocate organizations should also be included.
Due consideration should also be given in any potential update to individuals in positions of responsibility, or exercising
significant influence whether paid or unpaid, in §527 organizations. These organizations are typically parties, candidates,
committees or associations organized for the purpose of influencing an issue, policy, appointment or election, be it
federal, state or local. Such organizations can raise unlimited funds from individuals, corporations or labor unions, but they
must register with the IRS and disclose their contributions and expenditures.
The City website FAQs currently lists the following as individuals that should register as lobbyists:
The intergovernmental affairs representative of a utility or government entity
Partners and any associates of a law firm that lobbies
Architect and attorney of a development project team
Hired consultant lobbying for a neighborhood group
Executive Director or Head Fundraiser for a nonprofit group
Some appropriate exemptions for non-compensated persons are warranted and already in the SMMC [§4.85.020(c)(1-4)]
as follows:
Persons whose attempts to influence government action are limited to appearing at public meetings or preparing,
processing or limited to submitting writings for consideration of use at public meetings if their communications are
part of the public record
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Persons representing themselves in attempting to obtain decisions relating to their own properties or business
Persons whose communications related solely to a memorandum of understanding or collective bargaining
agreement between the City and its employee organization
Persons who are officials or members of neighborhood groups who are not economically compensated for
advocating or speaking on behalf of neighborhood groups to influence a City action
Policy Administration
Without effective administration and enforcement, any statute will be completely ineffective. As the FPPC does not have
jurisdiction over local lobbyist rules, we are completely dependent upon City staff, specifically the City Clerk and legal
departments. As such, the amount of compliance discretion exercised by the City Clerk and legal team are a critical
element that should be addressed.
The current lobbyist registration policy FAQ on the City website states that the Executive Director or Head Fundraiser for
a nonprofit group needs to register. One would think that the current Executive Director of Abundant Housing LA, a
501(c)(3) non-profit, would have been required to register. But, as a potential example of discretionary enforcement, they
so far have not been required to do so by either the City Clerk or the City Attorney.
Separately, in the August 9, 2016 Council meeting discussion regarding adoption of the original ordinance,
implementation was delayed by the City Clerk so as not to interfere with the upcoming elections. Resident trust in our
local governance is essential. Given the unprecedented number of high stakes issues facing the City and its residents, the
need for bright sunlight on every aspect of decision making has never been greater. Without it, we will struggle to reverse
the ever expanding divisions and declining trust that have plagued our city over the past decade.”
Item 13.K 07/13/21
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Vernice Hankins
From:Mary Marlow <mmarlow7@icloud.com>
Sent:Tuesday, July 13, 2021 11:10 AM
To:councilmtgitems
Cc:Mary Marlow; Phil Brock; Gleam Davis; odelatorre16@yahoo.com; Sue Himmelrich; Kristin McCowan;
Christine Parra; Lana Negrete; George S. Cardona; John Jalili; Nancy Coleman;
1triciacrane@gmail.com; zinajosephs@aol.com; Pico Neighborhood Association; Jennifer Regan;
emvandenburgh@gmail.com; MarcMorgenstern@gmail.com
Subject:Support for Agenda Item 13K on Lobby Ordinance
EXTERNAL
Mayor Himmelrich and Councilmembers,
I am writing in of support by the Santa Monica Transparency Project of item 13K at the July 13 City
Council meeting:
Request of Councilmembers Brock and Parra that Council direct staff to return with a proposed
ordinance, similar to that in place in Beverly Hills, that: (1) more precisely defines what constitutes a
lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting
as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3)
precludes any member of a board, commission, or task force from simultaneously acting as a
lobbyist/legislative advocate.
We think full disclosure of lobbying activity in city meetings is essential to the effectiveness of the
lobbying ordinance as stated in the Beverly Hills ordinance;
"At any time that a legislative advocate engages in legislative advocacy at a City Council or City
commission meeting, the legislative advocate shall announce the specific matter being addressed
and shall identify the client who is being represented by the legislative advocate. “
We ask staff to consider the need to review and improve the administration and enforcement of the
ordinance – otherwise the ordinance alone is not going to be effective. Specifically, an interactive
search tool on the City website to check who's a registered lobbyist and whom they are lobbying.
Right now we only have a chronological log where you have to scroll down tens of pages looking
through information that is presented by date. For example, most people would not know the name of
the lobbyist firm or the date lobbying began, which are the first two columns in the current
database. A searchable database would help by allowing a search by project name or governmental
decision. As a result, the current database discourages people from keeping tabs on lobbyist activity
in the city. See below for a look at Santa Monica curent database.
https://www.smgov.net/Departments/Clerk/Lobbyist/Lobbyist_Registration.aspx
Our lobbyist registration form needs to be updated too, the detailed BH forms are a good example to
follow:
https://codelibrary.amlegal.com/codes/beverlyhillsca/latest/beverlyhills_ca/0-0-0-501
Item 13.K 07/13/21
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For effective lobbyist regulation to be working, all the parts need to be in place, including prohibitions,
administration and enforcement. Now is the time to update and strengthen Santa Monica’s Lobby
ordinance. We strongly support the efforts of Councilmembers Brock and Parra to do just that,
beginning tonight.
Sincerely,
Mary Marlow, Chair
Santa Monica Transparency Project
Cc: City Manager
City Attorney
City Council
Neighborhood Associations
Item 13.K 07/13/21
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Packet Pg. 2609 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Ann Maggio <annmaggio@gmail.com>
Sent:Tuesday, July 13, 2021 11:33 AM
To:councilmtgitems; Sue Himmelrich; Oscar de la Torre; Christine Parra; Phil Brock
Cc:Ann Maggio Thanawalla
Subject:July 13 City Council meeting: Agenda Item 13-K
EXTERNAL
Dear Santa Monica Mayor and City Council,
Thank you Council Members Phil Brock and Christine Parra for bringing this very important TRANSPARENCY
Item tonight. We believe City Council can improve on the ordinance that currently exists in Beverly Hills.
Therefore, we urge the City Council to take progressive action and provide the
residents with RADICAL TRANSPARENCY by directing staff to return with a
proposed ordinance, that follows the advice outlined by community member,
Marc Verville. Marc's his published letter to the editor of the Lookout yesterday, found here: Santa
Monica Needs More Sunshine in the Decision-making Process.
Additionally, we urge council to exclude the ability for boards, commissions, task
forces or any other body appointed by you and acting in an advisory capacity
from turning around and creating their own ad-hoc advisory groups who are
non-members of the body without application of the same new
standards. Currently non- appointed members are not required to file Statements of Economic Interest
with the City or File with the City under the current Lobbyist Ordinance. This means that a City Council
appointed body can easily be influenced and make recommendations to you based on information they
recieved from parties who can handsomely benefit from such an action. For example, The Task Force on
the Environment created sub-committees of non-body members who made presentations to the
body that certainly influenced the body's recommendations to Council. Where is the transparency
to know who, as a part of these sub-committees, stood to gain from their
presentations/recommendations?
Finally, we urge you to write to return with an additional ITEM 13 asking that the Council write a letter to the
SMMUSD Board of Education encouraging the board to adopt a resolution similar in nature to the ordinance
you are asking for tonight.
Thank you for acting expediantly on this extremely urgent and valuable matter.
Sincerely,
Ann & Sam Thanawalla
SM Residents and Voters
https://www.surfsantamonica.com/ssm_site/the_lookout/letters/Letters-
2021/07_12_2021_LETTERS_Santa_Monica_Needs_More_Sunshine_in_the_Decision_making_Process.html
"Unthinking respect for authority is the greatest enemy of truth." ‐ Albert Einstein
Item 13.K 07/13/21
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Packet Pg. 2610 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:OZ <zurawska@yahoo.com>
Sent:Tuesday, July 13, 2021 1:58 PM
To:councilmtgitems
Cc:Sue Himmelrich; Kristin McCowan; Christine Parra; Oscar de la Torre; Phil Brock; Gleam Davis; Lana
Negrete
Subject:Item 13K – lobbyist regulation – 7/13/21 City Council meeting
EXTERNAL
Dear Mayor Himmelrich and Councilmembers,
I urge you to consider revising and improving the existing lobbyist regulation ordinance to meet the
city's specific needs, instead of just following the Beverly Hills model.
The City should regulate unpaid lobbyists as well.
The two most influential advocacy/political action groups, Santa Monica Forward and SMRR, should
be considered as organizations whose unpaid co-chairs and steering committee members should be
required to register as lobbyists, and banned from sitting on city boards and commissions.
Additionally, the Executive Directors or fundraisers of nonprofit organizations which receive city
funding should be required to register as lobbyists, with an exemption for neighborhood groups.
The ordinance itself, even when revised and improved, will only be as effective as its administration
and enforcement. Please address improving the administration and enforcement while working on the
new improved ordinance.
I believe that the lobbyist registration form should be revised to include the question whether the
lobbyist has been sanctioned in any other jurisdiction.
I am aware of at least one lobbyist currently registered in the City who has been sanctioned in the
City of Beverly Hills.
Please see the article titled
Crest Real Estate’s Jason Somers to Face
Beverly Hills Hearing Over Alleged Lobbying
Violations:
Crest Real Estate’s Jason Somers to Face Beverly Hills Hearing Over Alleged Lobbying Violations —
Bel-Air Association
Item 13.K 07/13/21
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Packet Pg. 2611 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Crest Real Estate’s Jason Somers to Face Beverly Hills
Hearing Over Alle...
Reprint of BEVERLY HILLS COURIER article July 26, 2019 Crest Real
Estate’s Jason Somers to Face Beverly Hills...
Regards,
Olga Zurawska
Item 13.K 07/13/21
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Packet Pg. 2612 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Vernice Hankins
From:Brian O'Neil <bpo42@yahoo.com>
Sent:Tuesday, July 13, 2021 1:50 PM
To:councilmtgitems; Gleam Davis; Kristin McCowan; Sue Himmelrich; Christine Parra; Oscar de la Torre;
Phil Brock; lana.negrete@santamonica.go; John Jalili; Anuj Gupta; Susan Cline
Subject:7/13/21 Agenda Item 13-K – Proposed Ordinance Re Lobbyists
EXTERNAL
July 13, 2021
To: Mayor Himmelrich and City Councilmembers
From: Board of Directors, Pico Neighborhood Association
RE: 7/13/21 Agenda Item 13-K – Proposed Ordinance Re Lobbyists
Thank you for your close consideration of Item 13-K on tonight’s Council Meeting Agenda.
The PNA Board supports the following:
a) the request of Councilmembers Brock and Parra,
b) the FOSP Board Statement
c) the letter below from the Wilmont Board, and
d) the Letter-to-the-Editor below from Marc L. Verville.
FOSP Board Statement:
We urge you to close the loophole that lobbyists don't have to list their public comments (both written
and verbal) at City Council meetings in their reporting of lobbying activities. This exception was
created with the excuse that the public could witness such activities.
However, not everyone states their employer in their letters or when they speak, so it leaves the
monitoring and enforcement up to the residents. This is especially critical on those occasions when
the City Clerk’s office doesn't include all attachments to correspondence in the public record. This
results in lobbyists providing City Council members with information that the public doesn't see.
Thank you for your consideration.
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Packet Pg. 2613 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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__________________________________________________________________
Wilmont letter:
Mayor Himmelrich and City Councilmembers,
The Board of the Wilshire Montana Neighborhood Coalition supports the request by Councilmembers
Brock and Parra to direct staff to return with a proposed ordinance, similar to that in place in Beverly
Hills, that more precisely defines what is a lobbyist/legislative advocate, precludes any individual who
in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a
board, commission or task force, and precludes any member of a board, commission or task force
from simultaneously acting as a lobbyist/legislative advocate.
In addition, we request the following items be considered in developing the proposed ordinance:
We believe that the Beverly Hills legislation is too limiting by only regulating "compensated
legislative advocates''. Persons holding "volunteer" positions that can direct the actions of
Legislative Advocate organizations should also be included in the regulation as well as
individuals in positions of responsibility, or exercising significant influence whether
paid or unpaid, in 527 organizations (primarily created to influence an issue, policy,
appointment or election, be it federal, state or local).
The development of ordinances without administration or enforcement makes the
rules of the city ineffective and questions why they were passed if the city does not
have the will or the resources to enforce them. The FPPC does not have jurisdiction over
local lobbyist rules. Residents are dependent upon City staff to ensure the completion,
reporting, compliance requests and enforcement of these laws. The current city lobbyist
registration policy requires the Executive Director of a nonprofit to register as a lobbyist
(outlined in the website FAQs as individuals that should register as lobbyists). It was identified
by a resident that the Executive Director of Abundant Housing LA, a 501(c)(3) non-profit, has
not registered as a lobbyist. When we pass ordinances we must have the will and the
resources to enforce them and that should be outlined in the proposed ordinance.
Thank-you
Board of Wilshire Montana Neighborhood Coalition (Wilmont)
___________________________________________________________________
Opinion: “Santa Monica Needs More Sunshine in the Decision Making Process” –
Marc L. Verville -- 7/12/21 – Santa Monica Lookout
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Packet Pg. 2614 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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https://www.surfsantamonica.com/ssm_site/the_lookout/letters/Letters-
2021/07_12_2021_LETTERS_Santa_Monica_Needs_More_Sunshine_in_the_Decision_making_Pro
cess.html
“As the City considers the upcoming 13 Item regarding overhaul of the City’s lobbying policy, three critical issues need to
be addressed if the new policy is to have any real impact ("Council to Consider Barring Lobbyists From Boards and
Commissions," July 8, 2021).
Those issues are:
n Santa Monica-specific Objectives
n Definition of a Lobbyist or Legislative Advocate
n Policy Administration
Santa Monica-specific Objectives
Given the outsized city wealth, and the potential wealth impacts of practically every decision in the city, it is not a
coincidence that there are countless influencers seeking an advantage in every facet of city decision making. As the
stakes get higher each year, the problem grows. Each year, resident trust in city government diminishes by an equal and
opposite measure.
Consequently, the city requires what can only be termed “radical transparency” in the form of strong and extensive
lobbyist regulation. Out of an abundance of caution, any policy solution should err on the side of maximal transparency.
Definition of a Lobbyist or Legislative Advocate
The current concept being contemplated is modeled on Beverly Hills. While a good start, the BH ordinance only regulates
“Compensated Legislative Advocates.” That is too limiting. Persons holding “volunteer” positions that can direct the
actions of Legislative Advocate organizations should also be included.
Due consideration should also be given in any potential update to individuals in positions of responsibility, or exercising
significant influence whether paid or unpaid, in §527 organizations. These organizations are typically parties, candidates,
committees or associations organized for the purpose of influencing an issue, policy, appointment or election, be it
federal, state or local. Such organizations can raise unlimited funds from individuals, corporations or labor unions, but they
must register with the IRS and disclose their contributions and expenditures.
The City website FAQs currently lists the following as individuals that should register as lobbyists:
The intergovernmental affairs representative of a utility or government entity
Partners and any associates of a law firm that lobbies
Architect and attorney of a development project team
Hired consultant lobbying for a neighborhood group
Executive Director or Head Fundraiser for a nonprofit group
Some appropriate exemptions for non-compensated persons are warranted and already in the SMMC [§4.85.020(c)(1-4)]
as follows:
Persons whose attempts to influence government action are limited to appearing at public meetings or
preparing, processing or limited to submitting writings for consideration of use at public meetings if their
communications are part of the public record
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Packet Pg. 2615 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)
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Persons representing themselves in attempting to obtain decisions relating to their own properties or
business
Persons whose communications related solely to a memorandum of understanding or collective bargaining
agreement between the City and its employee organization
Persons who are officials or members of neighborhood groups who are not economically compensated for
advocating or speaking on behalf of neighborhood groups to influence a City action
Policy Administration
Without effective administration and enforcement, any statute will be completely ineffective. As the FPPC does not have
jurisdiction over local lobbyist rules, we are completely dependent upon City staff, specifically the City Clerk and legal
departments. As such, the amount of compliance discretion exercised by the City Clerk and legal team are a critical
element that should be addressed.
The current lobbyist registration policy FAQ on the City website states that the Executive Director or Head Fundraiser for
a nonprofit group needs to register. One would think that the current Executive Director of Abundant Housing LA, a
501(c)(3) non-profit, would have been required to register. But, as a potential example of discretionary enforcement, they
so far have not been required to do so by either the City Clerk or the City Attorney.
Separately, in the August 9, 2016 Council meeting discussion regarding adoption of the original ordinance,
implementation was delayed by the City Clerk so as not to interfere with the upcoming elections. Resident trust in our
local governance is essential. Given the unprecedented number of high stakes issues facing the City and its residents, the
need for bright sunlight on every aspect of decision making has never been greater. Without it, we will struggle to reverse
the ever expanding divisions and declining trust that have plagued our city over the past decade.”
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Packet Pg. 2616 Attachment: Written Comments (4658 : Brock and Parra Item: Lobbyist/Legislative Advocate)