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Home My WebLink AboutOrdinance 688 ORDINANCE NO. 688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 14 (ELECTIONS) OF THE ATASCADERO MUNICIPAL CODE TO ADD SECTION 2-14.03 TO ALLOW FOR ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST WHEREAS, Government Code Section 84615 currently provides that a local agency may adopt an Ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and who makes independent expenditures totaling less than $2,000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and WHEREAS, the City of Atascadero has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system (“System”) for campaign disclosure statements and statements of economic interest forms; and WHEREAS, the System meets all legal requirements, is highly secure, employs industry best practices for operational security and efficiency, will not unduly burden filers and is specifically designed for agencies administering campaign finance and economic interest filings supporting electronic filing of a variety of Fair Political Practices Committee (FPPC) forms; and WHEREAS, the City of Atascadero desires to amend Title 2, Chapter 14 of the Atascadero Municipal Code to add Section 2-14.03 “Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interests” relating to filings required by the FPPC and the City’s Conflict of Interest Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. Findings. The City Council of the City of Atascadero finds that the System will operate securely and effectively and will not unduly burden filers. Specifically, the System will: Docusign Envelope ID: 6E47D262-B6EE-48FE-AE55-450E92A04781 City of Atascadero Ordinance No. 688 Page 2 of 3 • Ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; • 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 • Be available free of charge to filers and to the public for viewing filings. These findings are based upon the vendor’s approval by the California Secretary of State to provide these services and the representations of the vendor that the System meets the requirements of Government Code Section 84615. SECTION 3. Municipal Code. Chapter 2-14.03 is hereby added to Title 2 (Administration) of the Atascadero Municipal Code as shown on Exhibit A attached hereto and incorporated herein by this reference. SECTION 4. CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment. SECTION 5. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 6. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 7. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 8. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. Docusign Envelope ID: 6E47D262-B6EE-48FE-AE55-450E92A04781 City of Atascadero Ordinance No. 688 Page 3 of 3 INTRODUCED at a regular meeting of the City Council held on June 24, 2025, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on July 22, 20025. CITY OF ATASCADERO: Charles Bourbeau, Mayor ATTEST: Lara K. Christensen, City Clerk APPROVED AS TO FORM: Dave Fleishman, City Attorney Docusign Envelope ID: 6E47D262-B6EE-48FE-AE55-450E92A04781 City of Atascadero Ordinance No. 688 Exhibit A Page 1 of 1 Exhibit A § 2-14.03 Electronic Filing of Campaign Statements and Statements of Economic Interests. (a) Any elected officer, candidate, committee or other person required to flle statements, reports or other documents required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code), shall flle such documents online or electronically with the City Clerk, unless exempt from the requirement to flle online pursuant to Government Code section 84615(a) because the elected officer, candidate, committee or other person receives contributions totaling less than two thousand dollars ($2,000) and makes expenditures totaling less than two thousand dollars ($2,000) in a calendar year. (b) Any person holding a position designated in the City’s local confiict of interest code adopted pursuant to Government Code Section 83700 shall flle any required Statement of Economic Intertest reports (Form 700) electronically with the City Clerk unless any designated person is required to flle said reports directly with the FPPC. (c) Filings set forth in Section 2-14.03(a) which are flled and received electronically with the City Clerk are not required to also be flled with the City Clerk in paper format. An electronic flling will be the official record of such flling. Filers must sign electronic fllings in the system under penalty of perjury. (d) In any instance in which an original statement, report or other document must be flled with the California Secretary of State and a copy of that statement, report or other document is required to be flled with the City Clerk, the fller may, but is not required to, flle the copy electronically. (e) If the City Clerk’s electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall flle that document with the City Clerk in an alternative format. (f) The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary by the City Clerk to implement this Section 2.-14.03. Docusign Envelope ID: 6E47D262-B6EE-48FE-AE55-450E92A04781 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, ALYSSA M. SLATER, Deputy City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 688 was duly introduced at a regular meeting held June 24, 2025 and adopted at a regular meeting of the City Council held on the 22nd day of July, 2025 by the following roll call vote, to wit: AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau NOES: None ABSENT: None _____________________________________ ALYSSA M. SLATER, DEPUTY CITY CLERK I hereby certify that the foregoing is the original of Ordinance No. 688 duly passed and adopted by the Atascadero City Council at their regular meeting held on July 22, 2025 and that summaries of the Ordinance were published on 7/10/2025 and 7/31/2025 in the News Times newspaper. _____________________________________ ALYSSA M. SLATER, DEPUTY CITY CLERK Docusign Envelope ID: 6E47D262-B6EE-48FE-AE55-450E92A04781 Docusign Envelope ID: 6E47D262-B6EE-48FE-AE55-450E92A04781 Docusign Envelope ID: 6E47D262-B6EE-48FE-AE55-450E92A04781