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ORD 649 ORDINANCE NO. 649 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 2.54 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE AUTHORIZING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS (FORM 700) WHEREAS, Government Code Section 84615 provides that a local government agency may 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, except those whose contributions and expenditures each total less than $2,000 in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, Government Code Section 84615 provides that when a local government agency requires online or electronic filing, the legislative body for the local government agency shall adopt an ordinance approving the use of online or electronic filing; and WHEREAS, the City of Rancho Palos Verdes ("City") intends to enter into an agreement with 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 City Council expressly finds and determines that the System contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers pursuant to Government Code Section 84615; and WHEREAS, the City Clerk will operate the System in compliance with the requirements of Government Code Section 84615 and anyother applicable laws; and q pp WHEREAS, the City Council of the City of Rancho Palos Verdes desires to amend the Rancho Palos Verdes Municipal Code to add a new chapter relating to electronic filing of campaign and conflict of interest statements to more easily comply with reporting guidelines set forth in AB 2151. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The forgoing recitals are true and correct and are incorporated herein by this reference. Section 2. Chapter 2.54 (Electronic Filing of Campaign Disclosure Information) II of Title 2 (Administration and Personnel) of the Rancho Palos Verdes Municipal Code is hereby added as follows: "CHAPTER 2.54 - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE INFORMATION" Sections: 2.54.010 Purpose 2.54.020 Required Use of Electronic Filing System. 2.54.030 Paper Filing Not Required After Electronic Filing. 2.54.040 Filing Options When a Copy Must be Filed With City Clerk. 2.54.050 Paper Filing When Cannot File Electronically. 2.54.060 Internet Posting of Data. 2.54.070 Records Retention. 2.54.080 Administrative Policies and Procedures. 2.54.010 -- Purpose This chapter provides standards for the development and use of the electronic filing system to further ensure compliance with the requirements of the California Fair Political Practices Commission. 2.54.020 - Required Use of Electronic Filing System. A. Except as set forth in subsection B of this Section 2.54.020, any elected officer, candidate, committee other person required to file specified statements, reports, forms, or other documents with the Rancho Palos Verdes City Clerk as required by Chapter 4 (commencing with Section 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of$2,000 or more in a calendar year, may electronically file such statement using the City's online filing system according to procedures established by the City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, or committee, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate or committee must be filed electronically. B. An elected officer, candidate, committee, or other person may opt-out of the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk. Thereafter, the elected officer, candidate, or committee shall file all original statements in paper format with the City Clerk unless advance arrangements are made to begin filing electronically pursuant to Section A above. I 01203 0001/723117 1 Ordinance No.649 Page 2 of 5 C. The online filing system shall ensure the integrity of the data transmitted and shall 111 include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. D. The online or electronic filing system shall accept a filing in the standardized record format pursuant to Government Code Section 84615(b). 2.54.030 - Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the City's online system is not also required to file a copy of that document in a paper format with the City Clerk. 2.54.040 - Filing With City Clerk. In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk or may file in a paper format. 2.54.050 - Paper Filing When Cannot File Electronically. If, for technical reasons, the City's system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee, or other person shall timely file that document in paper format with the City Clerk. 2.54.060 - Internet Posting of Data. Pursuant to Government Code Section 84616, the City Clerk shall ensure that the City's system makes all electronically-filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers. 2.54.070 - Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record. 01203 0001/723117 -1 Ordinance No.649 Page 3 of 5 2.54.080 -Administrative Policies'and Procedures. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter." SECTION 3. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(2) in that it constitutes general policy and procedure making; (2) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment,, because the Ordinance manages the City's FPPC electronic filings. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance,, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, 111 subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 5. This Ordinance shall take effect 30 days after its adoption. 111 01203 0001/723117 1 Ordinance No. 649 Page 4 of 5 PASSED, APPROVED and ADOPTED this 17th day of August, 2021. lam- Eric Alegria, `:yor ATTEST: G -4tTe a Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 649 passed first reading on August 3, 2021, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 17, 2021, and that the same was passed and adopted by the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria NOES: None ABSENT: None ABSTAIN: None Ter a akaoka, City Clerk 01203 0001/723117 1 Ordinance No.649 Page 5 of 5 Ji ti r c CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on August 18, 2021, she caused to be posted the following document entitled: AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 2.54 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE AUTHORIZING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS (FORM 700), a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct,affidavit of posting. ity Clerk