The purpose of this chapter is to implement Section 505 of the City Charter of the city of Los Alamitos by requiring lobbyists engaged in lobbying activities as set forth herein, to register themselves and their clients and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts. This information shall be accessible to the public.
(Ord. 2025-03, 2/18/2025)
For purposes of this chapter, the following definitions shall apply:
"City representative"
means local officeholders and officials designated in Government Code Section 87200 of the Political Reform Act, as the same may be amended, or otherwise required to file "Form 700," including, without limitation, members of the city council, members of any appointed board or commission of the city, the city manager, the city clerk, the city treasurer, the city attorney, the city engineer, and department directors.
"Client"
means both the person who compensates a lobbyist or lobbying firm for the purpose of contacting a city representative and attempting to influence an official action of the city and the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal action even if the lobbyist or lobbing firm is compensated by another person for such representation.
"Compensation"
means money or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards.
"Influence"
means contacting, either directly or indirectly, for the purpose of conducting lobbying activities, by any means.
"Lobbying" or "lobbying activities"
means influencing or attempting to influence a city representative, by any means of verbal, written, or electronic communication, or otherwise, regarding any official decision of a city representative, including, but not limited to, a legislative, quasi-judicial or administrative action or decision including adopting an ordinance, resolution, regulation or policy, granting or denying any permit, license or other entitlement of use, or awarding a contract or grant ("official action").
"Lobbyist" or "lobbying firm"
means any person that receives compensation, or becomes entitled to receive compensation, for engaging in lobbying activities.
"Person"
means any individual or business entity, including, but not limited to, a domestic or foreign corporation, firm, association, syndicate, joint stock corporation, partnership of every kind, club, business or trust, society, or limited liability company.
(Ord. 2025-03, 2/18/2025)
A. 
Within 15 days of lobbying in the city of Los Alamitos, a lobbyist shall register with the city clerk by:
1. 
Paying the lobbyist registration fee (per project), which fee may be adopted by resolution of the city council. The lobbyist registration fee, including annual renewal and penalties, shall cover, and not exceed, the costs associated with administering the lobbyist registration and reporting program described herein; and
2. 
Completing and filing the lobbyist registration form (per project), as provided by the city clerk, which shall include, at a minimum, a written statement containing the following information, certified as true under penalty of perjury:
a. 
The full name, business address, email address and telephone number of the lobbyist, and, if the lobbyist is a business entity or other organization, the full name, business address, email address and telephone number of each person employed by or otherwise associated with the business entity or organization who will be engaging in lobbying activities;
b. 
The full name, business address, email address and telephone number of each client by whom the lobbyist has been employed, retained or engaged by to perform lobbying activities and/or on whose behalf such lobbying activities will be performed;
c. 
The nature of each client's business;
d. 
A description of lobbying activities which the lobbyist has been employed, retained or engaged to perform; and
e. 
The date, amount, and description of any payment made to, or on behalf of any city representative or member of a city representative's family within the preceding 12 months.
B. 
An amendment to the lobbyist registration form must be completed and filed with the city clerk by the lobbyist within 30 days from the time lobbyist knows, or should have known, of any change in the accuracy of the information provided in the initial or renewal registration.
C. 
Within 30 days of the annual anniversary of initial registration, the lobbyist shall submit a renewal form and pay the required lobbyist registration fee.
D. 
No person who qualifies as a lobbyist shall contact or communicate with a city representative prior to completing and filing a lobbyist registration form and paying fees as a lobbyist and identifying himself or herself to the city representative as a lobbyist.
E. 
A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not represent, either directly or indirectly, orally or in writing, that that person can control or obtain the vote or action of any city representative.
(Ord. 2025-03, 2/18/2025)
The following persons are exempt from the requirements of this chapter unless otherwise specified:
A. 
A public official or public employee acting in his or her official capacity;
B. 
Any newspaper or other regularly published periodical, radio or television station, website, podcast, or social media account (including any individual who owns, publishes, or is employed by any such newspaper, periodical, radio or television station, website, podcast, or social media account) which in the ordinary course of business publishes news items, editorials or other comments, or paid advertisements, which directly or indirectly urge action upon official actions of the city, if such newspaper, periodical, radio or television station, website, podcast, social media account or individual engages in no further or other activities in connection with action upon any such official action;
C. 
Any person hired by the city to conduct lobbying activities for the city for city projects;
D. 
Any person representing themselves in attempting to obtain a decision related to their own property or business;
E. 
Any employee, officer, or board member of a business entity when addressing, in his or her capacity as an employee, officer, or board member of such business entity, an issue impacting the business entity;
F. 
Any technical consultant acting on behalf of an applicant whose attempts to influence an official action are limited solely to providing information, analysis, or explanation necessary to the processing or review of an application or agreement to be acted upon by the city;
G. 
Any person whose only activity is submitting a bid on a competitively awarded contract, submitting a written response to, or participating in an oral interview related to a request for proposals, request for bids, or request for qualifications, or negotiating the terms of a written agreement with a city representative following a request for proposals, request for bids, or request for qualifications process;
H. 
Any person merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city representative; or
I. 
Any person filing a written comment in the course of a public proceeding or otherwise providing comments on the record in a public proceeding.
(Ord. 2025-03, 2/18/2025)
A. 
Violations of this chapter may be charged as an infraction and, upon conviction thereof, shall be punishable as provided for in this code.
B. 
Each day any violation of any said provision of this chapter is committed or permitted to continue shall constitute a separate offense.
C. 
Any person in violation this chapter may not act as a lobbyist within the city or otherwise attempt to influence an official action for one year after such a conviction.
D. 
Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking injunctive relief and civil penalties in court for violations of this chapter.
(Ord. 2025-03, 2/18/2025)