O 709 ORDINANCE NO. 709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING CHAPTER 2.06 (ELECTRONIC
FILING) TO TITLE 2 (ADMINISTRATION AND PERSONNEL)
OF THE ARROYO GRANDE MUNICIPAL CODE RELATING
TO ELECTRONIC FILING OF CAMPAIGN STATEMENTS
AND STATEMENTS OF ECONOMIC INTERESTS
WHEREAS, Government Code Section 84615 currently provides that a local agency may
adopt an Ordinance to require an elected officer, candidate, committee, or other person
required to file statements, reports, or other documents required by Chapter 4 of the
Political Reform Act (commencing with Section 84100 of the Government Code), except
an elected officer, candidate, committee, or other person who receives contributions
totaling less than $2,000 and who makes independent expenditures totaling less than
$2,000 in a calendar year, to file those statements, reports, or other documents online or
electronically with the local filing officer; and
WHEREAS, the City of Arroyo Grande intends to enter into an agreement with NetFile,
Inc., a vendor approved by the California Secretary of State, to provide an online
electronic filing system ("System") for campaign disclosure statements and statements of
economic interest forms; and
WHEREAS, the System will operate securely and effectively and will not unduly burden
filers. Specifically: (1) the System will ensure the integrity of the data and includes
safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) the
System will only accept a filing in the standardized record format developed by the
Secretary of State and compatible with the Secretary of State's system for receiving an
online or electronic filing; and (3) the System will be available free of charge to filers and
to the public for viewing filings; and
WHEREAS, the City of Arroyo Grande desires to amend Title 2 of the Arroyo Grande
Municipal Code (Administration and Personnel) to add a new Chapter relating to
electronic filing of campaign and conflict of interest statements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 2.06 is hereby added to Title 2 (Administration and Personnel) of
the Arroyo Grande Municipal Code to read as follows:
Chapter 2.06 ELECTRONIC FILING
2.06.010 — Electronic filing of campaign statements and statements of economic
interests.
ORDINANCE NO. 709
PAGE 2
a. Any elected officer, candidate, committee or other person required to file
statements, reports or other documents required by Chapter 4 of the Political
Reform Act (commencing with Section 84100 of the Government Code), shall file
such documents online or electronically with the City Clerk, unless exempt from
the requirement to file online pursuant to Government Code section 84615(a)
because the elected officer, candidate, committee or other person receives
contributions totaling less than two thousand dollars ($2,000) and makes
expenditures totaling less than two thousand dollars ($2,000) in a calendar year.
b. Any person holding a position listed in Government Code Section 82700 or
designated in the City's local conflict of interest code adopted pursuant to
Government Code section 83700 shall file any required Statement of Economic
Interest reports (Form 700) electronically with the City Clerk.
c. Filings set forth in Sections 2.06.010(a) and 2.06.010(b) which are filed and
received electronically with the City Clerk are not required to also be filed with the
City Clerk in paper format. An electronic filing will be the official record of such
filing. Filers must sign electronic filings in the system under penalty of perjury.
d. In any instance in which an original statement, report or other document must be
filed with the California Secretary of State and a copy of that statement, report or
other document is required to be filed with the City Clerk, the filer may, but is not
required to, file the copy electronically.
e. If the City Clerk's electronic system is not capable of accepting a particular type of
statement, report or other document, an elected officer, candidate, committee or
other person shall file that document with the City Clerk in an alternative format.
SECTION 3. The City Council finds, pursuant to Title 14 of the California Code of
Regulations, Section 15378(b)(5), that this ordinance is exempt from the requirements of
the California Environmental Quality Act (CEQA) in that it is a governmental,
organizational or administrative activity that will not result in direct or indirect changes in
the environment.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
ORDINANCE NO. 709
PAGE 3
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion by Council Member Storton, seconded by Mayor Ray Russom, and by the
following roll call vote to wit:
AYES: Council Members Storton, Barneich, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 28th day of July, 2020.
ORDINANCE NO. 7oq
PAGE 4
CrP-)T j
CAREN Ritifi SSOM, MAYOR
ATTEST:
(
/114, V�(WI/WI-
KELLY W M E, CITY CLERK
APPROVED AS TO CONTENT:
b
BILL ROBESON/ACTING CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 709 which was introduced at a regular meeting of the
City Council on July 14, 2020; was passed and adopted at a regular meeting of
the City Council on the 28th day of July 2020; and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th
day of July 2020.
LI #
KELLY ThAIRE, CITY CLERK