Lighter Than Air within the City, either as a separate item or included in a packaged product set, including at any City Facility or City-Sponsored Event. • No Person shall dispose of any Balloon inflated with any Gas Lighter Than Air within the City in any manner, including release outdoors into the air, other than in a trash container.
• This Section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research.
CEQA COMPLIANCE STATEMENT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15308 because it is an activity undertaken to assure the maintenance, restoration, enhancement and protection of the environment and pursuant to Section 15601(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment.
FISCAL IMPACT:
There is no direct fiscal impact as a result of this item. However, implementation and enforcement of Ordinance 523, if adopted would be the responsibility of City Staff.
WORK PLAN:
N/A
OPTIONS:
Introduce Ordinance 523 amending Title 5 and adding Chapter 5.07 to the Solana Beach Municipal Code to address the Use, Sale and Distribution of Balloons Filled with Gas Lighter than Air.
Provide direction/feedback.
DEPARTMENT RECOMMENDATION:
Staff recommends the City Council introduce Ordinance 523 amending Title 5 and adding Chapter 5.07 to the Solana Beach Municipal Code to address the Use, Sale and Distribution of Balloons Filled with Gas Lighter than Air.
April 27, 2022
Ordinance 523 – Use, Sale and Distribution of Balloons Filled with Gas Lighter than Air
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:
1. Ordinance 523
Ordinance 523
Balloon Regulations
ORDINANCE NO. 523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLANA
BEACH, CALIFORNIA, ADDING CHAPTER 5.07 TO THE SOLANA
BEACH MUNICIPAL CODE PROHIBITING THE USE, SALE AND
DISTRIBUTION OF BALLOONS FILLED WITH A GAS LIGHTER THAN AIR
WHEREAS, State law currently prohibits the outdoor release of any balloon constructed of electrically conductive material that is filled with a gas lighter than air as part of a public or civic event, promotional activity or product advertisement (California Penal Code Section 653.1 and Business and Professions Code Section 22942); and WHEREAS, State law further requires that an object of sufficient weight be affixed to each Mylar balloon at the time of sale or distribution to counter the lift capability of the balloon, and also requires the manufacturer’s name to be printed on the balloon, along with a permanent warning notice regarding the conductivity and danger of Mylar balloons (California Penal Code Section 653.1 and Business and Professions Code Section 22942); and
WHEREAS, the City of Solana Beach desires to implement additional measures to minimize the existence of balloons filled with a gas lighter than air within the City and mitigate the dangerous impacts from these balloons coming into contact with ocean life, animals and power lines; and
WHEREAS, balloons can be damaging to ecosystems and wildlife when released into the air or not disposed of properly, as they are not biodegradable; and WHEREAS, the Ocean Conservancy lists balloons as the second most dangerous debris item since they are frequently mistaken as food by birds, mammals, and marine life. When balloons are ingested, they block the animals’ digestive track, which leads to a loss of nutrition, internal injury, starvation, and death. Balloon ribbon is also hazardous because it can choke or entangle birds, mammals, and marine life in a manner that limits their mobility; and
WHEREAS, balloons are the most common form of floating garbage within 200 miles of American shorelines, and beach litter surveys have shown that the number of balloons and balloon pieces found on beaches has tripled in the past 10 years; and
WHEREAS, balloon debris on City beaches is prolific despite laws and regulations that prohibit littering, which contributes to dirty beaches, parks and communities, creates added costs to City budgets and discourages tourism; and WHEREAS, balloons made of metalized or foil materials that conduct electricity, including Ordinance 523
Balloon Regulations
Mylar, also pose a safety hazard when released as they can cause power outages, explosions, downed power lines and damaged infrastructure when coming near or into direct contact with high-voltage power lines, resulting in costly repairs and/or hours of power outages affecting City residents and businesses; and WHEREAS, over the past five years, Mylar balloons have been identified as the cause of more than 500 power outages in the San Diego region’s electrical system; and WHEREAS, the most effective way to reduce balloon debris in the City’s waterways, decrease litter and pollution, and protect the environment, marine life, human health and the City’s infrastructure, is to prohibit the use, sale and distribution of balloons filled with a gas lighter than air; and
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does ordain as follows:
SECTION 1. All of the above recitals are true and correct.
SECTION 2. Chapter 5.07 of the Solana Beach Municipal Code is hereby added to read as follows: See “Exhibit A.”
SECTION 3. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken "to assure the maintenance, restoration, enhancement and protection of the environment" and pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause, phrase and portion of this Ordinance irrespective of the fact that one or more, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional to this end, the provisions of this Ordinance are declared severable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall proceed with publication pursuant to the provisions of Government Code section 36933.
INTRODUCED AND FIRST READ this 27th day of April 2022, at a regular meeting of the City Council of the City of Solana Beach, California; AND Ordinance 523
Balloon Regulations
THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the ___ day of __________, 2022, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
__________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ___________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk CHAPTER 5.07
BALLOON ORDINANCE
5.07.010 Title.
This Chapter shall be known as the “Balloon Ordinance”.
5.07.020 Purpose and Intent.
The purpose of this Chapter is to establish standards and procedures for environmental waste and litter reduction measures and promote environmentally sustainable practices throughout the City by prohibiting the use, sale and distribution of balloons filled with a gas lighter than air. In enacting this Chapter, it is the City’s intent to further current prohibitions and regulations relating to balloons under State law and to protect the City’s residents, businesses, animals, and infrastructure from damage caused by balloons.
Nothing in this Chapter is intended to or shall be interpreted as conflicting with any federal or state law or regulation.
5.07.030 Definitions
For purposes of this Chapter only, the terms below have the following meaning:
“Balloon” means a flexible bag, including but not limited to, those made from rubber, latex, polychloroprene (neoprene), Mylar, or nylon fabric, that is designed to be inflated with a gas lighter than air, causing it to float, or designed to be filled with water. A balloon may be used for decorative, toy, or entertainment purposes. Balloons used for medical, industrial, or scientific purposes are not subject to the provisions of this ordinance.
“Gas Lighter Than Air” means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including, but are not limited to, helium, hydrogen, methane, oxygen, and nitrogen.
“Person” means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.
5.07.040 Prohibition on the Use, Sale and Distribution of Balloons A. No Person, including, but not limited to, a balloon wholesaler, retailer, or thirdparty vendor, shall use, sell, or distribute any type of Balloon inflated with any Gas Lighter Than Air within the City, either as a separate item or included in a packaged product set, including at any City Facility or City-Sponsored Event.
B. No Person shall dispose of any Balloon inflated with any Gas Lighter Than Air within the City in any manner, including release outdoors into the air, other than in a trash container.
C. This Section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research project.
5.07.050 Enforcement; Penalties.
A. Any violation of this Chapter shall be enforced through Chapters 1.16 and 1.18 of the Solana Beach Municipal Code.
B. Each violation of this Chapter shall be considered a separate offense.
C. The remedies and penalties provided in this Chapter are cumulative and not exclusive and nothing in this shall preclude the City from pursuing any other remedies.
The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulations or administrative procedure developed pursuant hereto.
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # C.3.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: April 27, 2022
ORIGINATING DEPT: City Manager’s Department/City Attorney’s Office SUBJECT: Adopt (2nd Reading) Ordinance 522 – Amending Chapter
7.20 and Adding Chapter 7.20.040 to the Solana Beach
Municipal Code to Regulate Non-Serialized Untraceable
Ghost Guns
BACKGROUND:
To address the loophole in California resulting in the sale and use of unregulated, nonserialized and untraceable firearms, the City Council introduced Ordinance 522 on April 13, 2022.
These firearms are built from unregulated firearm parts, components and/or gun build kits known to be used to help create do-it-yourself “ghost guns”. The ghost gun loophole allows people to buy and build firearms without passing a background check or complying with other laws that regulate the sale of firearms in California and the United States.
The action before the City Council is to consider adoption of Ordinance 522 amending Chapter 7.20 and adding 7.20.040 to the Solana Beach Municipal Code to regulate nonserialized untraceable ghost guns.
DISCUSSION:
Ghost guns have proven to be a loophole in the regulations designed to make safer the sale and use of firearms. Due to the nature of how ghost guns are created through doit-yourself at-home kits, these firearms are not sold with unique serial numbers or identifying characteristics that would allow them to be traced. Further, because ghost guns are not regulated like other commercially manufactured firearms there are no background checks, waiting periods or age restrictions on their purchase. This loophole April 27, 2022
Ordinance 522 – Non-Serialized Untraceable Ghost Guns
allows those who are underage to purchase ghost guns as well as criminals or others who would otherwise be barred from owning such weapons.
The City of Solana Beach has previously taken action to address the regulation of firearms and ghost guns in the City:
• On September 25, 2019, the City of Solana Beach adopted Ordinance 505, adding Section 7.20.030 to the Solana Beach Municipal Code requiring the safe residential storage of firearms in the City.
• In March 2020, the City of Solana Beach passed Resolution 2020-032 requesting that the 22nd District Agricultural Association to Prohibit the Sale of Unregulated Firearm Parts, Components and/or Gun Build Kits, known to be used to help create “ghost guns,” at the Del Mar Fairgrounds.
• On April 14, 2021, the City of Solana Beach passed Resolution 2021-046 expressing support for SB 264 (proposed state laws that would “prohibit a state or county officer or employee, or operator, lessee, or licensee of any state-owned or county-owned property, from contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part, or ammunition on state or county property”) and AB 452 (requiring schools to notify parents about the safe storage of firearms).
This proposed ordinance has been drafted in consideration of State and Federal laws and strikes a balance to be consistent with these laws and to help address the frightening loophole created by the proliferation of ghost guns in our community. This ordinance will prohibit the possession, purchase and sale of non-serialized untraceable firearms in the City of Solana Beach and will help close the loophole that has allowed ghost guns to proliferate in our community.
CEQA COMPLIANCE STATEMENT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.
FISCAL IMPACT:
There is no direct fiscal impact as a result of this item. However, implementation and enforcement of Ordinance 522, if adopted, would be the responsibility of City Staff and the San Diego Sheriff’s Department.
April 27, 2022
Ordinance 522 – Non-Serialized Untraceable Ghost Guns
WORK PLAN:
Although not in the current FY 2021/22 Work Plan, the Council directed Staff at the March 23, 2022 City Council meeting to prioritize this ordinance for implementation prior to July 1, 2022.
OPTIONS:
Adopt Ordinance 522 amending Chapter 7.20 and adding Chapter 7.20.040 to the Solana Beach Municipal Code to address non-serialized untraceable ghost guns.
Do not adopt Ordinance 522 and provide direction/feedback.
DEPARTMENT RECOMMENDATION:
Staff recommends the City Council adopt Ordinance 522 amending Chapter 7.20 and adding Chapter 7.20.040 to the Solana Beach Municipal Code to address non-serialized untraceable ghost guns.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:
1. Ordinance 522
ORDINANCE 522
AN ORDINANCE AMENDING CHAPTER 7.20 AND ADDING
CHAPTER 7.20.040 OF THE SOLANA BEACH MUNICIPAL
CODE RELATING TO NON-SERIALIZED, UNFINISHED
FIREARM FRAMES OR RECEIVERS AND NON-SERIALIZED
FIREARMS
WHEREAS, there is a massive loophole in California resulting in the sale and use of unregulated, non-serialized and untraceable firearms. These firearms are built from unregulated firearm parts, components and/or gun build kits known to be used to help create do-it-yourself “ghost guns;” and
WHEREAS, the ghost gun loophole allows people to buy and build firearms without passing a background check or complying with other laws that regulate the sale of firearms in California and the United States; and
WHEREAS, due to the nature of how ghost guns are created through do-ityourself at-home kits, these firearms are not sold with unique serial numbers or identifying characteristics that would allow them to be traced; and WHEREAS, because ghost guns are not regulated like other commercially manufactured firearms there are no background checks, waiting periods or age restrictions on their purchase. This loophole allows those who are underage to purchase ghost guns as well as criminals or others who would otherwise be barred from owning such weapons; and
WHEREAS, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives, 30 percent of all guns seized in California in 2019 were ghost guns. The California Bureau of Firearms reported seizing 512% more ghost guns in 2019 than in 2018 and those numbers are on the rise; and
WHEREAS, on September 25, 2019, the City adopted Ordinance 505, adding Section 7.20.030 to the Solana Beach Municipal Code requiring the safe residential storage of firearms in the City; and
WHEREAS, in 2018 the California legislature effectuated a law that requires ghost gun builders to apply for a unique serial number from the Department of Justice within ten days of purchase (Cal. Penal Code 29180), but the requirement does not apply to sellers, leaving it legal to sell kits and parts without a serial number; and WHEREAS, the California legislature passed a new state law that will require retailers to pass background checks and have a license, but the legislation does not go into effect until July 2022; and
Ordinance 522
Ghost Guns
WHEREAS, in March 2020, the City of Solana Beach passed Resolution 2020- 032 requesting that the 22nd District Agricultural Association to Prohibit the Sale of Unregulated Firearm Parts, Components and/or Gun Build Kits, known to be used to help create ghost guns, at the Del Mar Fairgrounds; and WHEREAS, this proposed ordinance has been drafted in consideration of State and Federal laws and remains consistent with these laws to help address the frightening loophole created by the proliferation of ghost guns in our community; and WHEREAS, this proposed ordinance will prohibit the possession, purchase and sale of non-serialized untraceable firearms in the City of Solana Beach and will help close the loophole that has allowed ghost guns to proliferate in our community; and WHEREAS, the City Council of the City of Solana Beach finds it is within its police power to implement and enforce the provisions of this Ordinance.
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does ordain as follows:
Chapter 7.20 is hereby amended and Chapter 7.20.040 is hereby added to the City of Solana Beach municipal code, to read as follows:
7.20.040 Prohibition of Possession or Sale of Non-Serialized, Unfinished Firearm Frames or Receivers and Non-Serialized Firearms.
A. Purpose and Intent. It is the purpose and intent of this section that possession, purchase, sale, receipt, and transportation of non-serialized, unfinished frames and unfinished receivers, and non-serialized firearms within the City of Solana Beach be prohibited for the protection, health and welfare of the public, to further effective law enforcement, and to provide the City with reasonable measures to address the dangers to the community posed by non-serialized firearms, commonly known as “ghost guns.” This section is intended to be applied and interpreted consistent with state and federal law.
B. Definitions. The following definitions apply in this section:
1. “Federal Firearms Importer” has the same meaning as in 18 U.S.C. section 921(a)(9)(2019), as may be amended.
2. “Federal Firearms Manufacturer” has the same meaning as in 18 U.S.C. section 921(a)(10)(2019), as may be amended.
3. “Firearm” has the same meaning as in California Penal Code section 16520(a), as may be amended. As used in this section, firearm shall include a handgun, rifle, or shotgun.
Ordinance 522
Ghost Guns
4. “Frame” means the primary structural component of a firearm to which the fire control components are attached.
5. “Handgun” has the same meaning as in California Penal Code section 16640, as may be amended.
6. “Non-serialized Firearm” means a firearm that is not either imprinted with a serial number issued to that firearm by a Federal Firearms Importer or Federal Firearms Manufacturer in compliance with federal law or engraved or permanently affixed with a serial number provided by the California Department of Justice for that firearm.
7. “Person” has the same meaning as in SBMC 7.20.030.
8. “Receiver” means the primary structural component of a firearm to which the fire control components are attached.
9. “Rifle” has the same meaning as in California Penal Code section 17090, as may be amended.
10.“Shotgun” has the same meaning as in California Penal Code section 17190, as may be amended.
11.“Unfinished Frame” means a piece of any material that does not constitute the completed frame of a firearm, but that has been shaped or formed in any way for the purpose of becoming the frame of a firearm, and which may be made into a functional frame of a firearm through milling, drilling, or other means.
12.“Unfinished Receiver” means a piece of any material that does not constitute the completed receiver of a firearm, but that has been shaped or formed in any way for the purpose of becoming the receiver of a firearm, and which may be made into a functional receiver of a firearm through milling, drilling, or other means.
C. Prohibition. It is unlawful for any Person to:
1. Possess, purchase, transport, or receive an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver. a. This subsection shall not apply to a Federal Firearms Importer or Federal Firearms Manufacturer.
Ordinance 522
Ghost Guns
b. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties. c. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
2. Sell, offer to sell, transfer, or offer to transfer an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.
3. Possess, purchase, transport, or receive a non-serialized firearm. a. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties. b. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
c. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:
i. The non-serialized firearm has been rendered permanently inoperable.
ii. The non-serialized firearm is an antique firearm as defined in California Penal Code section 16170, as may be amended. iii. The non-serialized firearm was manufactured or assembled prior to 1968.
iv. The non-serialized firearm has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including section 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including section 921(a) (2019), as may be amended, and 27 C.
F. R. section 478.11 (2019), as may be amended.
Ordinance 522
Ghost Guns
v. The non-serialized firearm has been entered into the centralized registry set forth in California Penal Code section 11106, as may be amended, prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification.
d. It shall be an affirmative defense to this subsection that the person is in compliance with California Penal Code section 29180, as may be amended.
4. Sell, offer to sell, transfer, or offer to transfer a non-serialized firearm. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:
a. The non-serialized firearm has been rendered permanently inoperable. b. The non-serialized firearm is an antique firearm as defined in California Penal Code section 16170, as may be amended.
c. The non-serialized firearm was manufactured or assembled prior to 1968. d. The non-serialized firearm has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including section 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including section 921(a) (2019), as may be amended, and 27 C. F. R. section 478.11 (2019), as may be amended.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall proceed with publication pursuant to the provisions of Government Code section 36933.
INTRODUCED AND FIRST READ this 13th day of April 2022, at a regular meeting of the City Council of the City of Solana Beach, California; AND THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the ___ day of __________, 2022, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
Ordinance 522
Ghost Guns
__________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ___________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # C.4.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: April 27, 2022
ORIGINATING DEPT: Angela Ivey, City Clerk
SUBJECT: Introduce (1st Reading) Ordinance 516 Adding Section
2.24.085, Electronic Filing of Campaign Statements, to the Solana Beach Municipal Code
BACKGROUND:
The Political Reform Act of the State of California requires elected officers, political candidates and committees to file campaign statements by specified deadlines disclosing contributions received and expenditures made. These documents are public and help voters to be fully informed. The City Clerk is the local filing officer/official for the City of Solana Beach and is responsible for receiving Fair Political Practices Commission (FPPC) campaign disclosure filings, reviewing, storing, and making them accessible to the public. The City Clerk acts as the Filing Official for GC87200 filers and the Filing Officer for the City’s designated filers.
On January 1, 2013, Assembly Bill 2452 went into effect, adding California Government Code section 84615 (Attachment 2), which allows local government agencies to require online or electronic filing for an elected officer, candidate, committee, or other person who is required to file statements, reports, or other documents under the Political Reform Act.
On January 1, 2021, Assembly Bill 2151 went into effect, adding California Government Code section 84616 (Attachment 3), which requires a local government agency to post on its internet website, within 72 hours of the applicable filing deadline, a copy of any specified statement, report, or other document filed with that agency in paper format, with applicable redactions for online postings. This bill requires that the statement, report, or other document be made available for four years from the date of the election associated with the filing.
Beginning with the 2021 filings due in 2022, the City Clerk’s office began utilizing electronic filings for Statements of Economic Interests, Form 700.
April 27, 2022
Electronic Filing of Campaign Statements
The item is before the City Council to introduce Ordinance 516 (Attachment 1) to implement electronic online filing as required by AB 2151.
DISCUSSION:
Since Government Code section 84615 went into effect, many local government agencies throughout California have chosen to enact paperless filing as a courtesy to their campaign filers, to increase staff efficiency, and to help reduce the use of paper. In addition, with adoption of Government Code section 84616 requiring a local government agency to post any paper filings on the City’s website within 72 hours of the applicable filing deadline, it is more efficient to require and provide electronic filings.
The City Clerk’s office accepts FPPC filings of two major categories of economic disclosure documents: (1) campaign statements (commonly known as Form 460’s) disclosing contributions received and expenditures made by local candidates, local committees, and ballot measure campaigns and (2) statements of economic interests (commonly known as Form 700s) from designated public officials and employees, both with specified deadlines. In most instances, these documents are filed with the City Clerk as the filing officer/official. If the documents are not filed in a timely fashion, penalties are imposed.
Advantages:
There are many advantages to requiring electronic filing of disclosure documents. All FPPC forms are public records. By shifting to an electronic system, the public benefits with direct 24-hour access to campaign statements on the City’s website, providing greater transparency to the voters. The system is also beneficial to filers by providing multiple prompts to ensure timely filing, storing previous statements for user ease, information entered into the system by filers will carry over from one filing to the next reducing errors and the need to file amendments, and permitting a single filing for multiple offices. Further, implementation of a paperless system increases efficiency to the City and Staff with time savings and improves sustainability by reducing overall consumption, not only of paper, but also of ink, plastic packaging, and reduces transportation emissions tied to delivery and disposal of products.
Current Filings:
The City Clerk’s office began utilizing Granicus (Southtech) software for electronic filings of Statements of Economic Interests (Form 700) with 2021 filings due in 2022. However, currently campaign finance disclosure filings are accepted on paper which requires significant Staff time to redact appropriate information and post to the City’s website.
Authorize Online Filings for Campaign Statements:
For the City of Solana Beach to accept electronically filed campaign statements, the City Council must adopt an ordinance permitting the use of an online filing system as an option for filing and designating the filings received electronically by the City Clerk’s Office as April 27, 2022
Electronic Filing of Campaign Statements
the filings of record for the City. In addition, the system must operate securely and effectively. The ordinance incorporates the safeguards required by State law, including:
• The electronic filing system shall not place an undue burden on filers and include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury; and
• The system shall ensure the integrity of the data transmitted and include safeguards against efforts to tamper with, manipulate, alter, or subvert the data; and • The local filing officer shall make all data available on the internet in an easily understood format that provides the greatest public access; and • The agency shall enable filers to complete and submit electronic filings free of charge.
Adoption of the proposed ordinance will only apply to those filers that meet a threshold of $200 (current limit) or more for expending or receiving campaign funds. This threshold is more stringent than the Political Reform Act (the “Act”), which recognizes campaigns that spend or raise $2,000 (current limit) or more as “Controlled Committees.” Under the Act, these types of committees are obligated to file detailed campaign finance disclosure statements, also known as Form 460s. For those smaller campaigns that do not meet the threshold of $200 (current City limit), they may continue to file paper versions of the Form 470 disclosure forms (although such filers may choose to file electronically for convenience).
Vendor and Software:
The City Clerk contacted the two vendors approved by the Secretary of State when considering one for the Form 700 online filings. Granicus, LLC. (Southtech) was selected since it provided the best economic terms, user functionality, and is the current eDisclosure host provider for the FPPC. It should be noted that the system is able to accommodate the online filing of several types of required forms by the FPPC, including Form 410 Statement of Organization, Form 460 Recipient Committee Campaign Statement Management, Form 461 Independent Expenditure Committee and Major Donor Committee Campaign Statement, Form 470 Officeholder/Candidate Campaign Statement - Short Form, Form 496 24-Hour Independent Expenditure Report, Form 497 24-Hour Contribution Report, and Form 501 Candidate Intention Statement.
The Granicus (Southtech) system is a web-based, vendor-hosted application that utilizes “industry best practices” for securing data, using the same data encryption for online filings that is used by banks for online banking. The Granicus (Southtech) system stores and backs up data, creating the essential safety measures and redundancy that will allow for recovery of information in the event of an emergency or disaster. The City’s data will be retained for the required minimum 10-year period on the online filing system. For those reports/data that are subject to permanent retention, they will be archived in a secure format after the 10-year period.
April 27, 2022
Electronic Filing of Campaign Statements
In addition, the Granicus (Southtech) system provides reports of which filings are due and tracks which candidates/committees have filed campaign statements as they are received. The filer enters information online to complete a filing. In subsequent years, the filer can simply update information that changed since the prior filing, thus saving the filer from going through time-consuming resubmission efforts. Committee information, contribution amounts, and summary page balances are automatically transferred and aggregated in future reports. The electronic filing system automatically calculates dollar totals on all schedules and transmits those totals to the summary page. The electronic filing system is available to filers 24/7 and can be accessed virtually anywhere the filer has access to the internet. The Granicus (Southtech) system also includes a Public Access module. This allows the public and staff to search the database and retrieve electronic document images of the disclosure documents for viewing and printing.
Transition Timeline:
If this mandated electronic filing of campaign disclosure statements is approved, the requirement to electronically file campaign disclosure statements would become effective June 10, 2022, which is thirty (30) days following the proposed adoption of the ordinance after its second reading scheduled for the May 11, 2022 City Council Meeting. To facilitate the full transition to electronic filing, the City Clerk’s Office will continue to provide detailed instructions and training.
The goal is to provide sufficient time for the City Clerk’s Office to conduct implementation measures and training prior to the beginning of the nomination period, July 18, 2022, for the 2022 elections.
CEQA COMPLIANCE STATEMENT:
Not a project as defined by CEQA.
FISCAL IMPACT:
The fee for the Granicus (Southtech) system is based on an annual subscription cost determined by population. The cost for the City of Solana Beach will be $1,000 annually which will be incorporated into the City Clerk’s budget. As noted above, the electronic filing system is free of charge to filers and free to the public for viewing purposes.
OPTIONS:
• Approve Staff recommendation.
• Approve Staff recommendation with alternative amendments / modifications. • Deny Staff recommendation.
April 27, 2022
Electronic Filing of Campaign Statements
DEPARTMENT RECOMMENDATION:
Introduce Ordinance 516, related to electronic campaign statements, adding Section
2.24.085 Electronic Filing of Campaign Statements to the Solana Beach Municipal Code.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:
1. Ordinance 516
ORDINANCE 516
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOLANA BEACH, CALIFORNIA, ADDING SECTION
2.24.085, ELECTRONIC FILING OF CAMPAIGN
STATEMENTS, TO THE SOLANA BEACH MUNICIPAL
CODE
WHEREAS, the Political Reform Act of the State of California requires elected officers, political candidates, and committees to file campaign statements by specified deadlines disclosing contributions received and expenditures made. These documents are public and help voters to be fully informed. The City Clerk is the local filing officer/official for the City of Solana Beach and is responsible for receiving Fair Political Practices Commission (FPPC) campaign disclosure filings, reviewing, storing, and making them accessible to the public; and,
WHEREAS, on January 1, 2013, Assembly Bill 2452 went into effect, adding California Government Code section 84615, which allows local government agencies to require online or electronic filing for an elected officer, candidate, committee, or other person who is required to file statements, reports, or other documents under the Political Reform Act; and
WHEREAS, on January 1, 2021, Assembly Bill 2151 went into effect, adding California Government Code section 84616, which requires a local government agency to post on its internet website, within 72 hours of the applicable filing deadline, a copy of any specified statement, report, or other document filed with that agency in paper format.
This bill requires that the statement, report, or other document be made available for four years from the date of the election associated with the filing; and WHEREAS, the 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
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 will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws; and
Ordinance 516
Electronic Filing of Campaign Statements
WHEREAS, the City desires to amend Title 2, Administration & Personnel, Chapter
2.24, Elections, to add Section 2.24.085 entitled “Electronic Filing of Campaign Statements” to the Solana Beach Municipal Code; and
NOW THEREFORE, the City Council of the City of Solana Beach does ordain as follows:
Section 1. Purpose and Authority.
The purpose of this section is to require the filing of Campaign Disclosure Statements by elected officials, candidates, and committees electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by State law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act.
Section 2. Findings.
Pursuant to California Government Code Section 85615, the City of Solana Beach hereby finds that the online or electronic filing system required by this section will operate securely and effectively and will not unduly burden filers. Said System promotes the use of electronic filing of campaign forms required by the State of California to provide for a streamlined, paperless, and secure system to meet the demand for digital and transparent systems.
Section 3. Section 2.24.085
Section 2.24.085 is hereby added to Title 2 (Administration and Personnel), Chapter 2.24, Elections to read as follows:
“Section 2.24.085
Electronic Filing of Campaign Statements
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 1 of 3 (commencing with Section 84100 of the Government Code) and Solana Beach Municipal Code 2.24. These procedures shall ensure that the online filing system complies with the requirements set forth in Section 84615 of the California Government Code. Elected officers, candidates, or committees required to file statements must file such Statements using the City’s online filing system, unless exempt from the requirement to file online pursuant to Government Code Section 84615, as may be amended from time to time.
B. 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 City Clerk, the filer may, but is not required to, file the Clerk’s copy electronically.
Ordinance 516
Electronic Filing of Campaign Statements
C. 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.
D. 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 Section 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.
E. The online filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code.
F. The City Clerk's office shall maintain for a period of at least 10 years commencing from the date filed, or other period required by law, a secured, official version of each online or electronic statement, report, form, or other document on the City Clerk’s online filing system, which shall serve as the official version of that record for purpose of audits and any other legal purpose. Data that has been maintained for at least 10 years may then be archived in a secure format.
G. If the City Clerk’s electronic system is not capable of accepting a particular type of statement, report or other document, the City Clerk Administrator may allow the elected officer, candidate, committee, or other person to file that document with the City Clerk in an alternative method, if it otherwise complies with all other requirements of this Section.
H. Procedures for Utilizing Online Filing.
1. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section 2-30.10(c)(1) or California Government Code 84615.
2. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online filing system is not required to file a copy of that document in paper format with the City Clerk.
3. The City Clerk or the online filing system shall issue an electronic confirmation that notifies the filer that the Statement was received, the 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 City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk.
4. If the City Clerk's online filing system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk.
5. The online filing system shall enable electronic filers to complete and submit filings free of charge.
I. Except as otherwise provided in, or inconsistent with, this Chapter or other provisions of local law, the provisions of the California Political Reform Act relating Ordinance 516
Electronic Filing of Campaign Statements
to local elections including any subsequent amendments are hereby incorporated as part of this Section.”
Section 2. Severability
The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances.”
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall proceed with publication pursuant to the provisions of California Government Code §36933.
INTRODUCED AND FIRST READ at a meeting of the City Council of the City of Solana Beach, California, on the 27th day of April, 2022; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the ___ day of ____________, 2022, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk