CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Marissa J. Asistin, City Clerk
DATE: September 6, 2022
SUBJECT: Adoption of Resolution No. 2022-1407, amending the Conflict of Interest Code
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-1407, amending the City's Conflict of Interest Code.
BACKGROUND
The Political Reform Act (PRA) requires every local government agency to review its Conflict of Interest Code (Code) of designated positions and reporting categories every two years to determine if it is accurate, or alternatively, to determine if the Code must be amended.
The purpose of the Code is to identify those individuals who make or participate in governmental decisions, based on the positions they hold, where it is foreseeable that the decision will have a financial impact on their personal finances or other financial interests.
ANALYSIS
The City Council last amended the Code in 2020. City staff has reviewed the current Code and concluded that amendments to the list of designated positions and associated disclosure categories are necessary to reflect changes in the City staff organizational structure and responsibilities made over the past two years. Implementing the proposed changes ensures that the City meets the Fair Political Practices Commission (FPPC) requirements.
The following are the proposed revisions:
Add to the Conflict of Interest Code:
Human Resource Manager
Deputy City Attorney
Senior Civil Engineer
Maintenance Services Manager
Management Analyst
Building & Facilities Supervisor
Amend the following titles in the Conflict of Interest Code:
Director of Finance to Finance Director
Associate Civil Engineer to Associate Engineer
Assistant Civil Engineer to Assistant Engineer
Remove from the Conflict of Interest Code:
Senior Management Analyst (Administration)
Permit Technician
The proposed revisions are reflected in Appendix "1" to the Code, which is the list of the City's designated positions and the disclosure categories for each position.
City staff is required to conduct the biennial review of the Code prior to October 1, 2022.
State regulations require that any proposed amendments to the Code that result from that biennial review be enacted before December 31, 2022. A final version of the Code is included in proposed Resolution No. 2022-1407 as presented for City Council consideration (Attachment A).
FISCAL REVIEW
There is no fiscal impact as a result of this action.
LEGAL REVIEW
The City Attorney's Office has reviewed this report and has approved it as to form.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2022-1407, amending the City's current Conflict of Interest Code.
Lanasa Setonseau Nada. Shiate
Tamara S. Letournea Nicholas Ghirelli
City Manager Interim City Attorney
Marissa J. Asistin
City Clerk
Attachments:
A. Resolution No. 2022-1407
RESOLUTION NO. 2022-1407
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA
AMENDING THE CONFLICT OF INTEREST CODE FOR THE
CITY OF LAGUNA NIGUEL,
WHICH INCORPORATES BY REFERENCE
THE CURRENT STANDARD CONFLICT OF INTEREST CODE
PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION
WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires the City to adopt a Conflict of Interest Code (Code) for each department of the City; and
Confict of interest Code (the Poldel pra. The Model Code, co ad at 2 Calorea Code of Regulations Section 18730, can be incorporated by reference by the City as its conflict of interest code. That Model Code is amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act and its implementing regulations; and
WHEREAS, City staff has reviewed the 2020 Code and since responsibilities and titles of various employees and positions in the City have changed, been added or deleted, it is necessary to amend the Code to reflect these changes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laguna Niguel, California, as follows:
1. The terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, as specified in the attached Exhibit "A" of this Resolution and it along with Appendices 1 & 2 are hereby approved and constitute the Conflict of Interest Code of the City.
Persons holding designated positions listed in Appendix "g" shall file Statements of Economic Interest pursuant to the Model Code with the information required for the disclosure category assigned to them and specified in Appendix "2."
The City Clerk is directed to forward a certified copy of this Resolution to the Fair Political Practices Commission.
Resolution No. 2022-1407 Page 2
PASSED, APPROVED AND ADOPTED this 6th day of September, 2022.
Elaine Gennawey, Mayor
ATTEST:
Marissa J. Asistin, CMC, City Clerk
Attachment:
Exhibit A - Conflict of Interest Code for the City of Laguna Niguel Resolution No. 2022-1407 Page 3
EXHIBIT "A"
CONFLICT OF INTEREST CODE FOR THE CITY OF LAGUNA NIGUEL The Political Reform Act, Government Code Sections 81000 et seg., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.
Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices "1" and "2" in which officers and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Laguna Niguel.
Pursuant to Section 4 of the standard code, designated officers and employees shall file Statements of Economic Interest with the City Clerk of the City of Laguna Niguel.
These Statements shall be retained by the City Clerk. Statements of Economic Interest of members of the City Council, City Manager, City Attorney, members of the City Planning Commission, Director of Finance and Treasurer, shall be filed with the City Clerk who shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.
Resolution No. 2022-1407 Page 4
APPENDIX "1"
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
POSITIONS FOR WHICH STATEMENTS OF
ECONOMIC INTERESTS ARE REQUIRED
TO BE FILED WITH THE FPPC BY
GOVERNMENT CODE SECTION 87200:
Members of the City Council Disclosure requirements
Members of the Planning Commission are contained in
City Manager Government Code Section 87100
City Attorney et seq. (of the Political Reform
Finance Director Act) and the FPPC Regulations.
Treasurer
MEMBERSHIP ON COMMISSIONS,
COMMITTEES & BOARDS:
Investment, Banking and Audit Committee 1, 2, 3 & 4
Parks and Recreation Commission 1,2,3 & 4
Senior Citizens' Committee 1,2, 3 & 4
Traffic and Transportation Commission 1, 2, 3 & 4
ADMINISTRATION DEPARTMENT:
Deputy City Manager 1,2, 3&4
Management Analyst 1,2,3&4
Lay CAro Manager 1,2,3 & 4
1, 2, 3 & 4
OFFICE OF THE CITY CLERK:
City Clerk 1, 2, 3 & 4
Deputy City Clerk 1.2,3 & 4
Resolution No. 2022-1407 Page 5
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
COMMUNITY DEVELOPMENT DEPARTMENT:
Community Development Director 1, 2, 3 & 4
Development Services Manager 1,2, 3 & 4
Senior Planner 1,2, 3 & 4
Assistant Planner/Associate Planner 1,2, 3 & 4
Code Compliance Inspector 1,2, 3 & 4
Building Official 1,2,3 & 4
Building Inspector 1,2,3 & 4
FINANCE DEPARTMENT:
Finance Manager 1,2,3 & 4
Purchasing Manager 1, 2, 3 & 4
Accountant 1,2,3 & 4
PUBLIC WORKS DEPARTMENT:
Public Works Director/City Engineer 1, 2, 3 & 4
Engineering Services Manager 1, 2, 3 & 4
Associate Engineer 1,2, 3 & 4
Assistant Engineer 1, 2, 3 & 4
Senior Civil Engineer 1,2, 3 & 4
Engineering Technician 1, 2, 3 & 4
Parks and Landscape Maintenance Superintendent 1,2,3 & 4 Street Maintenance Superintendent 1, 2, 3 & 4
Senior Public Works Inspector 1, 2, 3 & 4
Public Works Inspector 1,2,3 & 4
Landscape Maintenance Inspector 1, 2, 3 & 4
Senior Management Analyst 1, 2, 3 & 4
Contracts Administrator 1,2, 3 & 4
Maintenance Services Manager 1, 2, 3 & 4
Management Analyst 1, 2, 3 & 4
Building & Facilities Supervisor 1,2, 3 & 4
Resolution No. 2022-1407 Page 6
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
PARKS AND RECREATION DEPARTMENT:
Parks and Recreation Director 1,2,3 & 4
Recreation Manager 1,2,3 & 4
Recreation Supervisor 4
Aquatics Supervisor 4
Recreation Coordinator 4
FIRE DEPARTMENT:
Fire Chief 1, 2, 3 & 4
POLICE DEPARTMENT:
Police Chief 1, 2, 3 & 4
Administrative Sergeant
Emergency Preparedness Coordinator 4
CONSULTANTS: *See page 7
Resolution No. 2022-1407 Page 7
*Consultants: Disclosure Requirements'
Designated Consultants Disclosure Requirements
Consultants who make (not just Disclosure Category 5.
recommend) governmental
decisions, such as whether to approve
a rate, rule, or regulation, whether to
issue, deny, suspend, or revoke any
permit, license, application, certificate or
Similar authorization, adopt or grant City
approval to a plan, design, report, study,
or adopt or grant City approval of
policies, standards, or guidelines for the
City or any subdivision thereof.
Consultants who serve in a staff Disclosure required at the same level as capacity with the City, and in that a comparable designated position in the capacity participate in making a same or similar City Department governmental decision by providing identified elsewhere in this Code. information, an opinion, or a
recommendation for the purpose of
affecting the decision without significant
intervening substantive review.
Consultants who perform the same Disclosure required at the same level as or substantially all the same duties the comparable designated position for the City that would otherwise be identified elsewhere in this Code. performed by an individual holding a
designated position in the City's Conflict
of Interest Code.
1 When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of "Designated Consultants" must file disclosure statements.
Resolution No. 2022-1407 Page 8
APPENDIX "2"
DISCLOSURE CATEGORIES
Category 1 - Designated Employees in Disclosure Category 1 Must Report:
All interests in real property, as defined in Government Code Section 82033, within the jurisdiction.
Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within or not more than 2 miles outside the boundaries of the City, or within 2 miles of any land owned or used by the City. No disclosure need be made concerning the principal residence of the designated employee.
Category 2 - Designated Employees in Disclosure Category 2 Must Report:
All investments, as defined in Government Code Section 82034.
Financial interests are reportable only if located within or subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in the City, or has done business within the City at any time during the 2 years prior to the filing of the statement.
Category 3 - Designated Employees in Disclosure Category 3 Must Report:
All income, as defined in Government Code Section 82030, from any source located or doing business within the jurisdiction of the City or expecting to do business within the jurisdiction of the City.
Income received from a public agency need not be disclosed.
Category 4 - Designated Employees in Disclosure Category 4 Must Report:
Investments in, income from, or business positions held in any business entity if such business entity manufactures or sells supplies, machinery or equipment of the type utilized by the City, or if such business entity is a contractor or subcontractor engaged in the performance of work or services of the type utilized by the City.
Category 5 - Consultants in Disclosure Category 5 Must Report:
All reportable interests contained in Disclosure Categories 1, 2, 3 & 4, unless Resolution No. 2022-1407 Page 9
the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in the section.
If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.