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Agenda-Item-Number-7-Cure-Brown-Act-Violation-Jan-21-CC-Meeting

Sebastopol City Council
January 21, 2025

Document
Agenda-Item-Number-7-Cure-Brown-Act-Violation-Jan-21-CC-Meeting
Meeting
January 21, 2025
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Sebastopol City Council
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3
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281 KB
Text extracted from the city's file for reading and search. Open the original on www.cityofsebastopol.gov. That file is the official record.

CITY OF SEBASTOPOL CITY COUNCIL
MEETING OF: January 21, 2025
======================================================================================== To: Honorable Mayor and City Councilmembers
From: City Attorney Alex Mog
Mary Gourley, City Clerk
Subject: Ratification of Agenda Items From the December 17, 2024 City Council Meeting Item Number 7
Approval of Adoption of Ordinance Number 1151: Ordinance to Repeal Ordinance Number 1132 (Electronic Filing of Campaign Finance Disclosure and Statements of Economic Interests) (Responsible Department: City Clerk/City Attorney) ======================================================================================== RECOMMENDATION:

That the City Council re-approve the Action Items from the December 17, 2024 City Council Meeting Due to an Alleged Brown Act Violation
======================================================================================== AGENDA ITEM NUMBER 7

CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: December 17, 2024
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Mary Gourley, City Clerk
Subject: Waive Second Reading of and Adopt Ordinance Repealing Ordinance Number 1132 (Electronic Filing of Campaign Finance Disclosure and Statements of Economic Interests).

This item is to repeal use of City’s On Line City Portal (Vendor: Granicus/Southtech) for Submission of Campaign Statements and Form 700’s (Statements of Economic Interest).

Effective January 1, 2025, all 87200 filers (City Council, Planning Commission, City Attorney and City Treasurer) are required to utilize the State Fair Political Practices Commission (FPPC) Portal; thereby rescinding use of the City’s online program EXECUTIVE SUMMARY: The item is to request the Council Waive Second Reading of and Adopt Ordinance Repealing Ordinance Number 1132 (Electronic Filing of Campaign Finance Disclosure and Statements of Economic Interests).

BACKGROUND:

In March 2021, the City of Sebastopol approved an ordinance for electronic filing of campaign statements and Statements of Economic Interests (Form 700) and Campaign Reports. Since that time, all Form 700s and campaign reports have been filed on line through the City of Sebastopol portal through the City’s Vendor (Granicus/Southtech).

Effective January 1, 2025, all 87200 filers (City Council, Planning Commission, City Manager, City Attorney and City Treasurer) are required to utilize the State Fair Political Practices Commission (FPPC) Portal; thereby making use of the City’s online program largely redundant. This item will require all Filers (other than the 82700 Filers as noted above) to submit an Original Copy of the Form 700 to the Office of the City Clerk rather than submit it through an on-line portal. A scanned copy of the form(s) will be posted on line at the City of Sebastopol Website for Form 700 and campaign Documents. This does not change any mandated submittal requirements as required by State Regulations; it repeals the ordinance for use of City portal.

DISCUSSION:

At the December 3, 2024 City Council meeting, the Council approved waiving of First Reading of and Introduced an Ordinance Repealing Ordinance Number 1132 (Electronic Filing of Campaign Finance Disclosure and Statements of Economic Interests).

The ordinance is now before the City Council for adoption.

STAFF ANALYSIS:

City staff believes that although it will require some additional time to redact original documents for posting, it will reduce the fiscal impact of the cost of the subscription of the program.

FISCAL IMPACT: There is no fiscal impact with the action tonight; but will result in a $2000 a year savings for the current subscription.

RESTATED RECOMMENDATION: That the Council Waive Second Reading of and Adopt Ordinance Repealing Ordinance Number 1132 (Electronic Filing of Campaign Finance Disclosure and Statements of Economic Interests).

Agenda Item Number: 5
Agenda Item Number: 5
City Council Meeting Packet for Meeting of: December 17, 2024

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OPTIONS:

That the Council can deny the request to repeal the ordinance and require all filers (other than those that are now required to file through the FPPC portal (Council, City Manager, City Attorney, City Treasurer and Planning Commission) to file through the current online portal.

PUBLIC COMMENT:

As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.

PUBLIC NOTICE:

This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.

ATTACHMENTS:

Attachment 1: Ordinance
APPROVALS:

Department Head Approval: Approval Date: 12-2-2024
CEQA Determination (Planning): Approval Date: 12-2-2024 The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) Administrative Services/Financial Approval: Approval Date: 12-2-2-24 Costs authorized in City Approved Budget: ☒ Yes ☐ No ☐ N/A Account Code (f applicable) ___________________________ City Attorney Approval: Approval Date: 12-5-2024
City Manager Approval: Approval Date: 12-5-2024
Agenda Item Number: 5 Agenda Item Number: 5
City Council Meeting Packet for Meeting of: December 17, 2024

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ORDINANCE NUMBER _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL REPEALING ORDINANCE NUMBER 1132 (ELECTRONIC FILING OF CAMPAIGN FINANCE DISCLOSURE AND STATEMENTS OF ECONOMIC INTEREST)

WHEREAS, in March 2021, the City of Sebastopol City Council adopted Ordinance Number 1132 requiring the electronic filing of campaign statements and Statements of Economic Interests (Form 700) and Campaign Reports; and
WHEREAS, effective January 1, 2025, all Government Code section 87200 filers (City Council Members, Planning Commissioners, City Attorney, City Manager, and City Treasurer) are required to utilize the State Fair Political Practices Commission (FPPC) Portal; thereby making use of the City’s online program largely redundant; and WHEREAS, there is a cost to the City of maintaining its own online portal, and non-Section 87200 filers will still be required to submit paper copies of Statements of Economic Interests to the City Clerk, who will then post them online; and
WHEREAS, the City Council desires to repeal Ordinance Number 1132 to eliminate redundant filing portals.

NOW THEREFORE, the City Council of the City of Sebastopol does ordain as follows:

Section 1. Ordinance Number 1132 is hereby repealed.

Section 2. This Ordinance shall become effective thirty (30) days after its adoption. The City Clerk shall have this Ordinance published in a newspaper of general circulation within fifteen (15) days after its adoption or have a summary of the Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again fifteen days after its adoption.

The ordinance was read and introduced for first reading at the City Council Meeting of December 3, 2024.

The foregoing Ordinance was PASSED AND ADOPTED by the City Council of the City of Sebastopol at a regular meeting of said Council on December 17, 2024 by the following vote:

VOTE:

Ayes:

Noes:

Absent:

Abstain:

APPROVED:

Mayor
ATTEST:

Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:

Alex Mog, City Attorney
Agenda Item Number: 5
Agenda Item Number: 5
City Council Meeting Packet for Meeting of: December 17, 2024

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