FOR THE COUNCIL MEETING OF APRIL 18. 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Attorney
Prepared by: Sr. Assistant City Attorney
SUBJECT: APRIL 2023 TECHNICAL AMENDMENTS
RECOMMENDATION:
That the City Council introduce for the first reading, and continue to a future meeting for second reading and adoption, an Ordinance amending various sections of the Santa Maria Municipal Code relating to Obstruction of Ways and Paths. Sound Amplifying Systems, Mandatory Organic Waste Disposal Reduction, Appeals of Revoked or Denied Business Licenses, Criminal Convictions and Business License Eligibility, Bingo Games Licenses, Taxicab Licenses, Noise Regulations, Urban Forestry, Wastewater Collection, Treatment, and Disposal, and Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interest.
BACKGROUND:
Each year, the City Attorney's Office gathers proposed technical amendments to the Santa Maria Municipal Code (SMMC) from the City's departments and prepares an Ordinance incorporating those changes into the SMMC.
The proposed updates include technical amendments, updates to conform to current law, and changes to address operational efficiencies. The City Attorney's Office recommends continuing this good housekeeping practice, which is also followed by the State Legislature, as well as many other California cities.
DISCUSSION:
The technical amendment Ordinance includes the following changes:
SECTION 1
Section 1 of the Ordinance amends Section 10-2.04 of SMMC Chapter 10-2 concerning Park Rules and Obstruction of Ways and Paths to allow the City to designate certain pathways for vehicular use only. The Recreation and Parks Department desires this change as they have a need to have some roadways in City parks clear of pedestrians.
SECTION 2
Section 2 of the Ordinance amends Section 10-2.05 of Chapter 10-2 SMMC concerning Park Rules and Sound Amplifying Systems to clarify the definition of sound amplifying systems to include musical instruments, speakers, and drums. The Recreation and
Parks Department desires the change as a result of a number of complaints of loud noise being played by unpermitted musical groups within City parks.
SECTION 3
Section 3 of the Ordinance amends Subdivision (m) of Section 5-6.202 of SMMC Chapter 5-6 concerning Unlawful Property Nuisance to address the renumbering of the SMMC Building Code -related provisions.
SECTION 4
Section 4 of the Ordinance amends Section 8-21.12 of SMMC Chapter 8-21 concerning Mandatory Organic Waste Disposal Reduction to remove certain reporting requirements that are not required by State law. Records must be maintained but are now available to the City on demand instead of producing them on a schedule. The Utilities Department desires this change to allow for more efficient processing of the required reports.
SECTION 5
Section 5 of the Ordinance amends Sections 4-1.44 and 4-1.45 of SMMC Chapter 4-1 regarding Appeals of Revoked or Denied Business Licenses to amend the appeals process. Appeals will now be made to the City Manager instead of the City Council. The offices of the City Manager and City Attorney desire this change to streamline the appeals process for Municipal Code determinations within the City.
SECTION 6
Section 6 of the Ordinance amends Section 4-2.04 of SMMC Chapter 4-2 concerning Criminal Convictions and Business License Eligibility to amend the appeals process.
Appeals will now be made to the City Manager instead of the City Council. The offices of the City Manager and City Attorney desire this change to streamline the appeals process for Municipal Code determinations within the City.
SECTION 7
Section 7 of the Ordinance amends Sections 4-5.08, 4-5.09, and 4-5.10 of SMMC Chapter 4-5 concerning Bingo Games Licenses to amend the appeals process. Appeals will now be made to the City Manager instead of the City Council. The offices of the City Manager and City Attorney desire this change to streamline the appeals process for Municipal Code determinations within the City.
SECTION 8
Section 8 of the Ordinance amends Section 4-10.207 of SMMC Chapter 4-10 concerning Taxicab Licenses to amend the appeals process. Appeals will now be made to the City Manager instead of the City Council. The offices of the City Manager and City Attorney desire this change to streamline the appeals process for Municipal Code determinations within the City.
SECTION 9
Section 9 of the Ordinance amends Section 5-5.12 of SMMC Chapter 5-5 concerning Noise Regulations to amend the appeals process. Appeals will now be made to the City 2 Manager instead of the City Council. The offices of the City Manager and City Attorney desire this change to streamline the appeals process for Municipal Code determinations within the City.
SECTION 10
Section 10 of the Ordinance amends Section 8-8.03 of SMMC Chapter 8-8 concerning Urban Forestry to amend the appeals process. Appeals will now be made to the City Manager instead of the City Council. The offices of the City Manager and City Attorney desire this change to streamline the appeals process for Municipal Code determinations within the City.
SECTION 11 .
Section 11 of the Ordinance amends Section 8-12.1406 of SMMC Chapter 8-12 concerning Wastewater Collection, Treatment, and Disposal to amend the appeals process. Appeals will now be made to the City Manager instead of the City Council. The offices of the City Manager and City Attorney desire this change to streamline the appeals process for Municipal Code determinations within the City.
SECTION 12
Section 12 of the Ordinance adds new Chapter 2-25A to the SMMC regarding the Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interests. California Government Code §84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents pursuant to Chapter 4 of the Political Reform Act (commencing with §84100 of the Government Code), except an elected officer, candidate, committee, or other person whose contributions and expenditures each total less than $2,000.00 in a calendar year, to file such statements, reports, or other documents online or electronically with the City's designated local filing officer. The new Chapter is necessary to require electronic filing of campaign finance disclosure statements and statements of economic interests whereby paper filings are currently accepted and to provide for the most efficient filing process and the greatest public access to campaign finance disclosure statement data on the City's website.
Environmental Consideration
The City's environmental officer has determined, in accordance with California Environmental Quality Act Guidelines Section 15061(b)(3), that the amendments are a project, and there is no possibility the proposed changes will cause adverse environmental impacts.
Alternatives:
The City Council may decline to adopt the Ordinance. Gaps and technical problems would remain in the Municipal Code.
3 Fiscal Considerations:
When the Municipal Code contains gaps or technical defects, staff must spend considerable, unproductive time determining ways to reach the goals of the Municipal Code and the City to overcome the defects.
Impact to the Community:
A consistent, complete, and well -written Municipal Code is a user-friendly document for community residents, visitors, and City staff.
JEFFREY J. PATRICK
-h7 Sr. Assistant Cit ttorney
140
City
;S T. WATSON
orney
4 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE SANTA MARIA MUNICIPAL
CODE RELATING TO OBSTRUCTION OF WAYS AND PATHS, SOUND AMPLIFYING
SYSTEMS, MANDATORY ORGANIC WASTE DISPOSAL REDUCTION, APPEALS OF
REVOKED OR DENIED BUSINESS LICENSES, CRIMINAL CONVICTIONS AND
BUSINESS LICENSE ELIGIBILITY, BINGO GAMES LICENSES, TAXICAB LICENSES,
NOISE REGULATIONS, URBAN FORESTRY, WASTEWATER COLLECTION,
TREATMENT AND DISPOSAL, AND ELECTRONIC FILING OF CAMPAIGN FINANCE
DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS The City Council of the City of Santa Maria. State of California, does ordain as follows:
SECTION 1. Section 10-2.04 of Chapter 10-2 the Santa Maria Municipal Code concerning Park Rules and Obstruction of Ways and Paths is hereby amended as follows:
Section 10-2.04. Obstruction of ways and paths.
No vehicle and no table, booth or other structure operated, parked or erected within any park, and no individual or group of individuals, or organization, shall obstruct any vehicular or pedestrian way, walk, path or bridle path within any park, in any manner or at any time in such a manner as to prevent convenient pedestrian passage on such way, walk or path; provided, that pursuant to a permit issued and approved by the Recreation and Parks Commission, an area within a park approved for the use of a permittee, may include provision for temporary closure of specified pedestrian ways, walks or paths, in a safe manner, so as to permit the use of that portion of that park by such permittee, but in no event for any period of time greater than that specified in the permit. The City may utilize the process in Santa Maria Municipal Code section 10-1.02 to designate certain pathways within the City's parks for vehicular use only. Pedestrian use of pathways designated and posted as vehicular only is prohibited.
SECTION 2. Section 10-2.05 of Chapter 10-2 the Santa Maria Municipal Code concerning Park Rules and Sound Amplifying Systems is hereby amended as follows:
Section 10-2.05. Sound amplifying systems.
No person, group of persons or organization shall operate any sound amplifying system (including, but not limited to. portable speakers. amplifiers, drums, and other musical instruments) within any park in conjunction with their use of the park, except upon specific approval thereof by the Recreation and Parks Commission. Violation of these provisions is a misdemeanor; provided, that the request to use such a sound amplifying system may be included as a part of a request for the use of park facilities, as provided in Chapter 10-3; provided further, that in any park in which a sound amplifying system has been installed by the City as part of the park facilities, the sound amplifying system may be used by an applicant upon approval by the Director of Recreation and Parks. In no event shall any sound 1 amplifying system be operated within a park, at such a volume as to constitute a substantial source of annoyance to other persons, groups or organizations using the park outside of the immediate area approved for the use of the particular person, group or organization using the system or to persons lawfully occupying private properties adjoining the park.
SECTION 3. Subdivision (m) of Section 5-6.202 of Chapter 5-6 the Santa Maria Municipal Code concerning Unlawful Property Nuisance is hereby amended as follows:
Section 5-6.202. Unlawful property nuisance.
(m) Any building or structure which is constructed, altered, repaired, modified, maintained:
or used in violation of the following provisions of Title 9 of the Santa Maria Municipal Code. { 1) Title 9, Chapter 9 04.01- Chapter 1, Article 1 (Building Code), and Title 9, Chapter 1, Article 2 (Building Code amendments);
(22) Title 9, Chapter 9 16 (Existing Building Code).
(34 -Title 9, Chapter 1, Article 3 (Housing Code);
(3) Title 9, Chapter 1, Article 5 (Mechanical Code);
(1) Title 9, Chapter 2 (Electrical Code);
{5) Title 9. Chapter 3 (Fire Prevention Code);
(6) Title 9, Chapter 4 (Plumbing Code).
SECTION 4. Section 8-21.12 of Chapter 8-21 the Santa Maria Municipal Code concerning Mandatory Organic Waste Disposal Reduction is hereby amended as follows:
Section 8-21.12 Self -hauler requirements.
(a) Self -Haulers shall source separate all Recyclable Materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in Jurisdiction's organics and recycling collection program) generated on -site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self -Haulers that are Commercial Businesses, including Multi -Family Residential Dwellings, shall keep a record of the amount of Source Separated Recyclables Materials 2 and Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Recyclable Materials and Organic Waste; this record shall be subject to Inspection by Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on -site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is not required to record the weight of material but shall keep a record of the entities that received the materials. (d) Self -Haulers that are Commercial Businesses who back -haul Source Separated Organic Waste or Source Separated Recyclable Materials are required to prepare and maintain quarterly shall reports, whish-shall-be-subnaltte-d-to-Juriselictlon-within fifteen (15) days of a demand from Jurisdiction on a quarterly basis -detailing the total tons of Sources Separated Recyclable Materials and Source Separated Organic Waste recycled, including the destination facility name and location. The quarterly report shall be in a format that clearly list the total tons recycled for each commodity or recyclable material (cardboard, metals, plastics, PET, organics, etc.). The quarterly report shall be submitted to the Jurisdiction within fifteen (15) days of a demand from Jurisdiction. Quarterly reports shall be maintained for a period of 10 years.
(-1)- - irst-Quartef
(2) Second Quarter (April 1 June 30) Report Due: July 21st (3) Third Quarter (July 1 September 30) Report Due: October 21st (1) Fourth Qua rte
(e) A residential Organic Waste Generator that self -hauls Source Separated Recyclable Materials and Organic Waste is not required to record or report information in subsections (c) and (d) above.
SECTION 5. Sections 4-1.44 and 4-1.45 of Chapter 4-1 of the Santa Maria Municipal Code Concerning Appeals of Revoked or Denied Business Licenses are hereby amended as follows:
Section 4-1.44. Revocation of license: Appeal.
(a) The licensee may appeal from the determination and consequent revocation of his license to the City Manager Council by filing written notice of such appeal with the City Clerk within not more than fifteen (15) days of the date of the notice of revocation. At its next regular r eetingWithin thirty (30) days, following receipt by the City Clerk of such notice of 3 appeal, the City ManagerCouncil shall consider the appeal, at which time it shall hear and consider all pertinent information with regard thereto. The City ManagerGoE +I may rule on the appeal at that time or order that the matter is submitted and make its ruling within not more than twenty-one (21) days thereafter.
(b) In ruling on such an appeal the City ManagerCour +l may either (1) affirm the determination and revocation made by the Director, (2) overrule the determination and revocation made by the Director, thereby reinstating the license revoked thereby, or (3) affirm the determination of the Director, but overrule the revocation of the license of it finds that, considering all the facts presented at that hearing. the violation occurred, but that the violation was not so grave as to require revocation of the license, and that reinstatement of the license would not appear to jeopardize the public health, safety or welfare, and may prescribe conditions to the reinstatement of the license which it deems reasonably necessary to prevent a repetition of the violation and to protect the public health, safety and welfare. Such conditions shall include the full payment of license taxes and penalties where applicable. The ruling of the City ManagerCouncil shall be final and conclusive.
Section 4-1.45. Appeal of license issuance or denial.
Any person aggrieved or dissatisfied by any decision of the Director of Finance with respect to the issuance or refusal to issue a license, as required by this title, may within fifteen (15) days of being informed either in person or in writing of the decision of the Director of Finance, file with the City Clerk a notice of appeal to the City ManagerCity Council, stating the reasons why he feels such decision is in error. The City ManagerCouncil shall consider such appeal at its next -regular meetingwithin thirty (30 days following the filing of the notice of appeal.
The City ManagerGounsil may rule on the appeal or order the matter submitted and make its ruling within not more than twenty-one (21) days thereafter. The City ManagerGouncil may (a) affirm the decision of the Director, or (b) overrule the decision of the Director and make such order as it deems appropriate in view of all the matters presented before it at the hearing. The ruling of the City ManagerCouncil shall be final and conclusive.
SECTION 6. Section 4-2.04 of Chapter 4-2 of the Santa Maria Municipal Code concerning Criminal Convictions and Business License Eligibility is hereby amended as follows:
Section 4-2.04. Appeal.
An applicant who is disqualified for a City business license or permit under this provision, unless disqualified by the Council, may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Clerk within ten (10) days from the date of the notice of disqualification. The Council City Manager shall hear and determine the appeal at the next regular Council meeting and rule on the apps al within twenty-one (21) days thereafter. The determination of the Council City Manager on the appeal shall be final.
SECTION 7. Sections 4-5.08, 4-5.09, and 4-5.10 of Chapter 4-5 of the Santa Maria Municipal Code concerning Bingo Games Licenses are hereby amended as follows:
4 Section 4-5.08. Summary suspension of license.
(a) Whenever it appears to the Director of Finance that the licensee is conducting a bingo game in violation of any of the provisions of this chapter. the Director of Finance shall have the authority to summarily suspend the license and order the licensee to cease and desist any further operation of any bingo game immediately.
(b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) of this section is guilty of a misdemeanor. (c) The order issued under subsection (a) of this section shall also notify the licensee that it shall have ten (10) days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the Director of Finance within the ten (10) day period shall result in revocation of the license. (d) Upon such request by the licensee whose license has been suspended under subsection (a) of this section for a hearing to determine whether such license shall be revoked, the Director of Finance shall provide such hearing within fifteen (15) days after receipt of such request, at which hearing the suspended licensee may appear before the Director of Finance for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing has first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to the suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation. (e) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the CounciiCity Manager, on appeal, determines to overrule the decision of the Director of Finance.
Section 4-5.09. Revocation of license.
(a) Whenever it appears to the City Manager Director of Finance that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered under Section 4-5.08, the license may be revoked; provided, however, that the licensee may appear before the Director of Finance at the time fixed by the Director, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice has first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to the licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation.
(b) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the Ceuas+ICity Manager, on appeal, determines to overrule the decision of the Director of Finance.
Section 4-5.10. Appeal of license revocation.
(a) Any holder of a license whose license is revoked under this chapter shall have the right. within ten (10) days after receiving notice in writing of the revocation. to file a written appeal to the City ManagerCouncil. Such appeal shall set forth the specific ground or grounds on which it is based. The City Manager Couns+l-shall hold a hearing on the appeal within thirty (30) days after its receipt by the City, or at a time thereafter agreed upon between the appellant and the City Manager. The City Clerk shall cause the appellant to be given at least ten (10) days' written notice of such hearing. At the hearing, the appellant or his authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The determination of the City ManagerCouncil on the appeal shall be final.
(b) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City for a period of one (1) year from the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption granted under Section 23701(d)d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of the exemption; provided further, however, that such application shall meet all the requirements of an original application, including but not limited to the payment of the license fee prescribed by the resolution of the Council.
SECTION 8. Section 4-10.207 of Chapter 4-10 of the Santa Maria Municipal Code concerning Taxicab Licenses is hereby amended as follows:
Section 4-10.207. Revocation, denial or suspension.
(a) A certificate issued under the provisions of this sJChapter may be denied, revoked or suspended by the City Director of Finance if the holder or applicant has:
(1) Violated any of the provisions of this '-Chapter;
(2) Discontinued operations for more than thirty (30) days within a period of one (1) year; (3) Violated any of the ordinances of the City, or the laws of the United States or of the state, the violations of which reflect unfavorably on the fitness of the owner to provide public transportation.
(4) Failed to meet the requirements of the City Municipal Code or any regulations promulgated by the City Council.
(5) Provided incomplete or untruthful information when applying for a certificate or permit under this chapter.
(b) Prior to suspension, denial or revocation, the owner shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. Notice shall be given in the manner specified by Section 4-1.43 and the Director of Finance shall schedule a hearing within thirty (30) days of the notification.
(c) Any person adversely affected by a decision of the Director of Finance may, within fourteen (14) days, appeal in writing to the City ManaqerCity-Goun&il, stating reasons 6 therefor. A hearing before the City Manager City Council shall be scheduled within thirty (30) days of receipt of an appeal. The City Manager City Council shall make its decision based on the evidence received. and that decision shall be final.
SECTION 9. Section 5-5.12 of Chapter 5-5 of the Santa Maria Municipal Code concerning Noise Regulations is hereby amended as follows:
Section 5-5.12. Appeals.
Any and all persons aggrieved by any action of the Noise Control Officer taken pursuant to the provisions of this cChapter may file an appeal from the action or any part thereof:
provided, that such appeal shall be in writing stating the reasons for the appeal and filed with the secretary of the -Planning CommissionCity Manager's Office within not more than ten (10) working days following the action taken. The decision of the Planning ComnRissionCity Manager shall be final k
w ss+on action.
SECTION 10. Section 8-8.03 of Chapter 8-8 of the Santa Maria Municipal Code concerning Urban Forestry is hereby amended as follows:
Section 8-8.03. Enforcement/Appeals.
Intent. To designate the position responsible for this Chapter and allow for property owner objections.
The Director of Recreation and Parks or his authorized representative and/or the Director of Public Works or his authorized representative shall be responsible for the administration and enforcement of this Chapter. Any action of the Director of Recreation and Parks on private property may be appealed and heard by the Recreation and Parks Commission. Any action of the Director of Public Works on private property may be appealed and heard by the Traffic Committee. To be effective, an appeal must be filed within ten (10) days after the decision of the Director. The appeal shall be in writing and shall be filed with the Director for placement on the Commission's agenda. The appeal shall clearly specify the reason for which a hearing is requested. After a hearing, the Commission shall render its decision.
Any tree -related action of the Recreation and Parks Commission or Traffic Committee under the authority of this Chapter may be appealed and heard by the City-CouncilCity Manager.
To be considered, an appeal must be filed within ten (10) days after the decision of the Commission or Committee. The appeal shall clearly specify the reason for which a hearing is requested. After a hearing, the City CouncilCity Manager shall render its decision which shall be final.
SECTION 11. Section 8-12.1406 of Chapter 8-12 of the Santa Maria Municipal Code concerning Wastewater Collection, Treatment and Disposal is hereby amended as follows:
Section 8-12.1406. Appeals.
(a) Any user, permit applicant of permit holder affected by any decision, action or determination, including cease and desist orders made by the City, interpretation or 7 implementation of the provisions of this cChapter or any permit issued in this cChapter, may file with the Director of Utilities a written request for reconsideration within ten (10) days of such action, or determination, setting forth in detail the facts supporting the user's request for reconsideration and shall put up bond in the amount of two hundred fifty dollars ($250.00). The Director of Utilities shall respond within thirty (30) days. (b) If the ruling made by the Director of Utilities is unsatisfactory to the person requesting reconsideration, he may within ten (10) days after notification of such action, file a written appeal to the Gity-Gouns-i4City Manager The written appeal shall be heard by the Icy -City Manager within thirty (30) days or the next City Council meeting. from the date of filing. The ty-(30) a-ys of the
GIGce f the m.eetingThe determination of the City Manager is final. The City's decision, action or determination shall remain in effect during such period of reconsideration. and should the Council-#+ndCity Manager find for the City, the two hundred fifty dollars ($250.00) bond is forfeit. The action of the City Council Manager shall be final.
SECTION 12. Title 2 (Administration) of the Santa Maria Municipal Code is amended to add new Chapter 2-25A to read as follows:
CHAPTER 2-25A ELECTRONIC FILING OF CAMPAIGN FINANCE DISCLOSURE
STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS
Section 2-25A.01. Purpose and authority.
The purpose of this Chapter is to require the filing of Campaign Finance Disclosure Statements and Statements of Economic Interests by elected officials. candidates, staff. consultants. commissions, committees, or other persons to be completed electronically. unless exempted. This Chapter is enacted in accordance with the authority granted to cities by California Government Code §84615, and is intended to supplement, and not conflict with, the Political Reform Act.
Section 2-25A.02. Findings.
Pursuant to California Government Code §84615, the City of Santa Maria hereby finds that the electronic filing system required by this Chapter will contain multiple safeguards to protect the integrity and security of the data, will operate securely and effectively. and it will not unduly burden filers.
Section 2-25A.03. Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interests.
A. Requirement - Campaign Statement. Any elected officer, candidate, commission, committee, or other person required to file statements, reports, or other documents required by Government Code Chapter 4 - Political Reform Act (commencing with §84100) shall file those statements. reports. or other documents online or electronically with the City's designated local filing officer beginning July 1. 2023. 8 B. Requirement — Statement of Economic Interests. Any person holding a position listed in Government Code §87200 or designated in the City's local Conflict of Interest Code adopted pursuant to Government Code §87300, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City's designated local filing officer beginning with the effective date of this Ordinance.
C. Filing Confirmation. The designated local filing officer shall issue an electronic confirmation that notifies the filer that the Statement was received, which notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the designated local filing officer. The date of filing for a Statement filed online shall be the day that it is received by the designated local filing officer.
D. Exceptions.
1. Any elected officer. candidate, commission, committee. or other person who has electronically filed a Statement using the City's online system is not required to file a copy of that document in paper format with the City's designated local filing officer.
2. Section 2-25A.03.A. shall not apply to an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and makes expenditures totaling less than $2,000 in a calendar year. At the filer's discretion, the copy may be filed electronically with the City's designated local filing officer.
3. In any instance in which an original statement, report, or other document must be filed with the California Secretary of State or other agency, and a copy of that document is required to be filed with the designated local filing officer, the filer may electronically file a copy with the designated local filing officer.
E. Penalty of Perjury. The on-line filing system shall include a procedure for filers to comply with the requirement that they sign statements, reports, or other documents under penalty of perjury pursuant to §81004 of the Government Code.
F. Electronic Filing System.
a. Safeguards. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
b. Standardized Format. The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to §84602(a) (2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing. c. Inoperability. If, for technical reasons, the City's electronic filing system is not capable of accepting a statement, report, or other document, an elected officer, 9 candidate, committee, or other person shall file that document with the City's designated local filing officer in paper format.
Section 2-25A.04. Availability of Statements for Public Review; Record Retention.
A. The filing system shall make Campaign Finance Disclosure Statements and all the data filed available on the City's webpage 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. Pursuant to the Fair Political Practices Commission Regulation 18313.6, the data made available on the City's webpage shall not contain the street name and building number, phone number. and signature block of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer.
B. The City's designated local filing officer shall make a complete, unredacted copy of the statement, including any street names, building numbers, phone numbers, signature block, and bank account numbers disclosed by the filer, available to any person upon request.
C. For paper copies, fees will apply as allowed by the Fair Political Practices Commission and Government Code §81008. Copies must be provided at a charge not to exceed ten cents ($0.10) per page. In addition, filing officers may charge a retrieval fee of up to five dollars ($5.00) per request for copies of statements, reports, or other documents that are five (5) years or older. A single request for more than one (1) statement or report is subject to one (1) retrieval fee. Copies may be provided free of charge.
D. The City's designate local filing officer shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose.
Section 2-25A.04. Designated Local Filing Officer Authority.
The City's designated local filing officer shall be responsible for the efficient administration of the City's electronic filing system for Campaign Disclosure Statements and Statements of Economic Interests. The City's designated local filing officer is authorized to establish, amend, and implement procedures as necessary or convenient to ensure that such system complies with the Political Reform Act.
SECTION 13. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15601(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance amending the zoning code will have a significant effect on the environment.
10 SECTION 14. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter. including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end. the provisions of this ordinance are severable.
SECTION 15. This Ordinance shall be in full force and effect 30 days after its passage.
Within 15 days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
SECTION 16. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
INTRODUCED at a regular meeting of the City Council held this 18th day of April 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
Alice M. Patino
Mayor
11 APPROVED AST• ORM:
Attorney
12