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City Council Meeting Minutes September 15, 2020 <br />or take or refrain from taking action on any municipal question. And very <br />important to the definition are the exceptions to lobbying which include <br />municipal questions, statements made at public meetings, matters of public <br />record. <br />Mayor Pro Tem Mihalkanin asked for clarification regarding a person may not <br />need compensation to register as a lobbyist. Mr. Lollar stated that it may not <br />be necessary to prove the intention to benefit in order to be a contract <br />application or lobbyist administration. Mr. Lollar noted that the types of <br />questions posed could determine if the person is acting as a lobbyist. <br />Mayor Pro Tem Mihalkanin asked if a citizen contacts a council member and <br />states they are against a rezoning request near their house, does that person <br />have to register before reaching out to council members. Mr. Lollar stated that <br />anybody could do it at a public meeting. Mr. Lollar stated there could not be <br />grievances or complaints on a project as that could be a First Amendment <br />infraction. Mr. Cosentino noted that the Action Triggers an Exception List. <br />Council Member Derrick stated sometimes it is a group of people, perhaps who <br />have signed a petition, who want the council to vote their way and we need to <br />consider groups. <br />Mayor Hughson asked about the cases where the possible rezoning could result <br />in a change of property value for those wishing to express an opinion which <br />mean financial implications. Mr. Cosentino stated the exceptions of lobbying <br />regarding rezoning. <br />Council consensus is to add provisions to address an exception for an <br />individual to speak against the rezoning change or alcohol conditional use <br />permit near their property regardless of if they live there. <br />Mr. Cosentino pointed out that in rezoning cases, those who live within 400' of <br />the affected property receive a notice. Council consensus is to have city staff <br />provide the reporting on behalf of the council subcommittee. <br />Council Member Derrick asked about the Council Affordable Housing <br />committee, noting that often those who wish to build apartment complexes will <br />address that committee. The question is the same regarding other committees <br />who may be lobbied. Who files the report? The staff who support that <br />committee or each individual council member? Mr. Cosentino verified that this <br />City of San Marcos Page 3 <br />