CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Nicholas Ghirelli, Interim City Attorney
Marissa J. Asistin, City Clerk
DATE: September 20, 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 such decisions could have a financial impact on their economic interests, such as their real property interests, business interests, investments, personal finances, sources of income, and other financial interests.
At its regular meeting on September 6, 2022, the City Council was presented with Resolution No. 2022-2407 to comply with this requirement. After discussion, the City Council directed staff to return with the item at a future meeting to provide the rationale behind the disclosure categories for each City Commission/Committee as well as a copy of the FPPC Regulation that sets forth the operative provisions of the City's Code, including the manner and timing for filing annual statements of economic interests (Form 700s). That FPPC Regulation, No. 18730, can be found as Attachment A to this report.
Additionally, the responsibilities and duties of the City's commissions and committees that are included in the Laguna Niguel Municipal Code were reviewed to determine whether they are properly included or omitted from the Conflict of Interest Code and at the appropriate disclosure level. A review of the City's original adopted Conflict of Interest Code (August 1992), Resolution No. 92-192, was also conducted.
ANALYSIS
The Conflict of Interest Code identifies designated positions that are required to file annual financial disclosure statements. In addition, the Code identifies the disclosure categories for each of those designated positions, which are based on the type of decision-making and authority delegated to each of those positions. The original adopted Conflict of Interest Code was first adopted on August 4, 1992, by Resolution No. 92-192 (Attachment B).
Historically, amendments to the Code have only been made when changes have been made within the organization since the last required PRA review. The City Council last amended the Code in 2020, which included changes to staff titles only. The 2018 Code amendments included removal of a disbanded Committee, and updated staff titles.
City staff has reviewed the current Code and concluded that amendments to the list of designated positions and associated disclosure categories are necessary to retlect 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 for City Staff:
Add to the Conflict of Interest Code:
Human Resource Manager
Deputy City Attomey
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.
At the September 6, 2022 meeting, the City Council directed staff to review the reasoning behind the Code's inclusion of all of the City's commissions and two committees, but not two other committees. Currently all members of the Planning Commission, Investment, Banking, and Audit Committee, Parks and Recreation Commission, Senior Citizens Committee, and Traffic and Transportation Commission are identified as designated positions and are assigned all four disclosure categories. The Youth Committee and Military Support Committee are the only two bodies not listed as designated positions.
Per provided direction, staff again reviewed the respective duties and responsibilities of each of the City's commissions and committees to determine if they meet the standard for inclusion in the Conflict of Interest Code and under which disclosure categories. Those duties and responsibilities are identified in Division 3 of Title 2 of the Municipal Code (Attachment C). As noted above, the standard for inclusion in the Code is whether the members of a committee or commission make or participate in the making of decisions which may foreseeably have a material effect on their financial interests.
After review, staff recommends that the five commissions/committees currently identified in the Conflict of Interest Code should remain because their responsibilities could involve decisions that affect some of the financial interests of their members. Among other activities involving City investments and funds, the Investment, Banking, and Audit Committee is responsible for reviewing the City's investment strategy and contracting procedures and making recommendations to the City Council regarding those issues.
The Parks and Recreation Commission and Traffic and Transportation Commission each review and recommend the location of public improvements within the City and may make recommendations about projects that require the City to award specialized contracts.
These decisions could affect the members' financial interests. The Planning Commission is statutorily required to file a complete Form 700 under the Political Reform Act (Government Code Section 87200). The Planning Commission's disclosure obligations are the same as the City Council, City Manager, City Treasurer, Finance Director, and City Attorney.
While a closer call, the Senior Citizens Committee may make recommendations about the location of facilities and programs that serve seniors within the community, which could affect the real property interests of its members. While staff continues to recommend all disclosure categories, as has been done since the original adoption in 1992, the City Council may decide that the current disclosure categories assigned to the Senior Citizens Committee are too broad relative to the somewhat limited duties of this Committee. It is not absolute that the Committee's duties would implicate the business interests, investments, or sources of income of its members. As such, the City Council may direct that the disclosure category for the Seniors Citizens Committee be narrowed to only require disclosure of real property interests (Category 1). However, all disclosure categories have been required historically since the City's Conflict of Interest code was first adopted in August 1992.
The Military Support Committee's primary responsibilities are to support military families through financial contributions and acts of service, as well as represent the City at ceremonial and social events. This Committee does not recommend policy changes, contracts, or the development of public improvements to the City Council. As a result, the Committee's limited decision-making is not the type that would affect members financial interests. Therefore, there is no recommendation to include the Military Support Committee in the Code as a designated position.
For similar reasons, staff does not recommend that the Youth Committee be listed in the Code as a designated position. Requiring Youth Committee members to file annual financial disclosure statements could impose an undue legal burden on minors who are unlikely to have financial interests under the Code. Additionally, forms filed are for information about
the financial holdings of a committee member (and spouse), not a parent. However, the City Council may exercise its policy discretionary authority to include the Military Support Committee and/or Youth Committee as designated positions in the Conflict of Interest Code.
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 D). Staff recommends that the City Council adopt Resolution No. 2022-1407 as proposed at the September 6, 2022 meeting.
ALTERNATIVES CONSIDERED
The City Council may decide to further amend the Conflict of Interest Code as it is within the Council's policy making authority to do so. However, adoption is necessary prior to October 1, 2022.
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.
Jamass SEetonnau Nadia.
Tamara S. Letourneau Nicholas Ghirelli
City Manager Interim City Attorney
Marissa J. Asistin
City Clerk
Attachments:
A. FPPC Regulation No. 18730
B. Resolution No. 92-192: Original City Conflict of Interest Code C. Division 3 of Title 2 of the Laguna Niguel Municipal Code: Duties & Responsibilities of Commissions and Committees
D. Resolution No. 2022-1407, 2022 City Conflict of Interest Code
ATTACHMENT A
FPPC Regulation No. 18730
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
1 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.'
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code? (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
4 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property is required to be reported, the statement shall contain the following:
1. A statement of the nature of the investment or interest; 5 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
6 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 8 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 9 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
10 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
11 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 12 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
13 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
' Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
14 S A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. " Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
15 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 16 18. Amendment of subsections (b)(7)(B)5., new subsections (b) (8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b) (8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 17 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1) (A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 18 Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 19 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b) (8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(83)(A), (b)(9), (b)(9.3), (b) (9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 20 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
21 ATTACHMENT B
Resolution No. 92-192, Original City Conflict of Interest Code RESOLUTION NO. 92-192
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING A NEW CONFLICT OF INTEREST CODE
FOR THE CITY OF LAGUNA NIGUEL AND THE
LAGUNA NIGUEL COMMUNITY SERVICES DISTRICT
WHEREAS, the Board of Directors of the Laguna Niguel Community Services District ("LNCSD") adopted by Resolution No. 87-3-12-2 on March 12, 1987, a Conflict of Interest Code for LNCSD and its officers, employees, consultants pursuant to Fair Political Practice Commission ("FPPC") Regulation No. 18730; and
WHEREAS, the Board of Directors of LNCSD, by the adoption of Resolution No. 88-7-6-1 on July 6, 1988, amended the LNCSD Conflict of Interest Code by the addition of certain designated positions to Appendix "A" of that Code; and
WHEREAS, the City of Laguna Niguel was incorporated effective December 1, 1989, and LNCSD became a subsidiary district of the City of Laguna Niguel with the City Council becoming the governing body for LNCSD; and WHEREAS, the City Council of the City of Laguna Niguel, by Resolution No. 89-15 on December 1, 1989, adopted as the Conflict of Interest Code for the City of Laguna Niguel, the Conflict of Interest Code that had been adopted by the Board of Directors of LNCSD for LNCSD; and
WHEREAS, the City Clerk has had persons, who were appointed to membership on the City commissions, committees and boards established by the City Council since incorporation and persons who were hired to fill certain new employment positions with the City, complete and file Statements of Economic Interest (i.e., conflict of interest statements); and
WHEREAS, Government Code Section 87306.5, which was added to the Political Reform Act in 1990, requires local agencies, including cities, that have conflict of interest codes to, between July 1 and October 1 of even numbered years, review their codes and either amend their code, if necessary, to reflect changes in circumstances, or report to their code reviewing body that no amendment is necessary; and
WHEREAS, City staff has reviewed the existing City of Laguna Niguel/LNCSD Conflict of Interest Code to determine if it needs to be revised to reflect amendments to the Political Reform Act (Government Code Section 81000 et seq.), and the establishment of various City commissions, committees and boards and various City employment positions; and
WHEREAS, the City staff has recommended to the City Council that it, pursuant to FPPC Regulation No. 18730, adopt for the City of Laguna Niguel and LNCSD the model Conflict of Interest Code adopted by the FPPC for use by public agencies, and that it adopt appendices to that Code containing (1) the designated positions for the City and LNCSD for which Statements of Economic Interest must be filed, and (2) the disclosure categories of financial interests for the designated positions; and
WHEREAS, the City Council has considered the "Conflict of Interest Code for the City of Laguna Niguel and the Laguna Niguel Community Services District" (which is attached to this Resolution as Exhibit "A"), and the Designated Positions and Disclosure Categories (which are attached respectively as Appendix "1" and "2" to the Code).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laguna Niguel, California, acting on behalf of the City of Laguna Niguel and the Laguna Niguel Community Services District, as follows:
The City Council of the City of Laguna Niguel does hereby adopt the Conflict of Interest Code which is attached hereto as Exhibit "A" as the Conflict of Interest Code for the City of Laguna Niguel and the Laguna Niguel Community Services District.
2. LNCSD Resolution Nos. 87-3-12-2 and 88-7-6-1 and City of Laguna Niguel Resolution No. 89-15 are hereby repealed.
The City Manager is directed to determine, relative to each new employment position created for the City or LNCSD, whether that position should be a designated position for purposes of filing Statements of Economic Interest, and when such positions are established, the City Manager shall request that the City Council amend Appendix "f" to the Conflict of Interest Code to reflect those positions.
4. City staff shall periodically review the City/LNCSD Conflict of Interest Code (Exhibit "A") to insure that it conforms to the Political Reform Act and the Regulations adopted by the FPPC, and that it reflects all appropriate designated positions and the appropriate disclosure category for each designated position.
5. The City Clerk is directed to forward a certified copy of this Resolution to the FPPC.
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PASSED, APPROVED AND ADOPTED this 4th day of August,
Thomas W. Wilson, Mayor
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CONFLICT OF INTEREST CODE FOR THE CITY OF LAGUNA NIGUEL
AND THE LAGUNA NIGUEL COMMUNITY SERVICES DISTRICT
The Political Reform Act, Government Code Sections 81000 et seq., 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 and the Laguna Niguel Community Services District.
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, and Director of Finance, 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.
EXHIBIT "A"
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APPENDIX "q"
DESIGNATED POSITIONS AND DESIGNATED CATEGORIES
DESIGNATED POSITIONS DESIGNATED CATEGORIES
POSITIONS FOR WHICH STATEMENTS OF
ECONOMIC INTEREST 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 §§ 87100
City Attorney et seg. (of the Political
Director of Finance Reform Act) and the FPPC
Treasurer Regulations.
MEMBERSHIP ON COMMISSIONS,
COMMITTEES & BOARDS:
Ad Hoc Growth Management Task Force 1, 2, 3 & 4
Environmental Review Board 1, 2, 3 & 4
Public Safety Committee 1, 2, 3 & 4
Recreation & Parks Commission 1, 2, 3 & 4
Senior Citizens' Committee 1,2, 3 & 4
Special Events Committee 1, 2, 3 & 4
Sports Advisory Committee 1, 2, 3 & 4
Traffic and Transportation Commission 1, 2, 3 & 4
OFFICE OF THE CITY MANAGER:
Assistant to the City Manager 1,2,3 & 4
Purchasing Officer 1, 2, 3 & 4
Community Liaison 1, 2, 3 & 4
Administrative Secretary 4
OFFICE OF THE CITY CLERK:
City Clerk 1, 2, 3 & 4
Deputy City Clerk 1, 2, 3 & 4
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DESIGNATED POSITIONS DESIGNATED CATEGORIES
OFFICE OF THE CITY ATTORNEY:
Assistant City Attorney 1,2, 3 & 4
Deputy City Attorney 1,2,3 & 4
COMMUNITY DEVELOPMENT DEPARTMENT:
Director of Community Development 1, 2, 3 & 4
Planning Manager 1,2, 3 & 4
Senior Planner 1,2, 3 & 4
Associate Planner 1,2,3 & 4
Assistant Planner 1,2,3 & 4
Code Enforcement Officer 1,2, 3 & 4
Building Official 1, 2, 3 & 4
Building and Safety Inspector 1, 2, 3 & 4
Building Plan Checker 1, 2, 3 & 4
Administrative Secretary 4
FINANCE DEPARTMENT:
Senior Accountant 1,2, 3 & 4
Account Clerk 1,2, 3 & 4
PUBLIC WORKS DEPARTMENT:
Director of Public Works 1,2,3 & 4
City Engineer 1, 2, 3 & 4
Traffic Engineer 1,2, 3 & 4
Associate Civil Engineer 1, 2, 3 & 4
Landscape Architect 1, 2, 3 & 4
Public Works Inspector 1, 2, 3 & 4
Public Works Maintenance Worker 4
Public Works Secretary 4
RECREATION AND PARKS DEPARTMENT:
Manager of Recreation and Parks 1, 2, 3 & 4
Recreation Supervisor 4
Aquatics Supervisor 4
Head Lifeguard 4
Parks Department Secretary 4
FIRE DEPARTMENT:
Fire Chief 1,2, 3 & 4
POLICE DEPARTMENT:
Police Chief 1,2,3 & 4
Administrative Sergeant 4
Community Support Unit Deputies 4
Administrative Intern 4
CONSULTANTS: 5
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APPENDIX "2"
DISCLOSURE CATEGORIES
Category 1 - Designated Employees in Disclosure Category 1 Must Report:
All interest 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 LNCSD, or within 2 miles of any land owned or used by the City or LNCSD. 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 LNCSD, or if the business entity is doing business or planning to do business in the City or LNCSD, or has done business within the City or LNCSD 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 LNCSD or expecting to do business within the jurisdiction of the City or LNCSD.
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 LNCSD, 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 or LNCSD.
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Category 5 - Consultants in Disclosure Category 5 Must Report:
Consultants are required to disclose, on their Statements of Economic Interest, interests contained in Disclosure Categories 1, 2, 3 & 4 subject to the following.
The City Manager may determine in writing that a particular consultant, although a "designated position," 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 City/LNCSD Conflict of Interest Code. Such written determination shall include a description of the consultant's duties and, based on 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 the City/LNCSD's Conflict of Interest Code, and the Statements of Economic Interest filed pursuant to that Code. - 2 -
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CERTIFICATION
State of California )
County of Orange )ss
City of Laguna Niguel )
I, Juanita Zarilla, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 92-192 which was adopted at a regular meeting of the City Council of the City of Laguna Niguel, California, held on August 4, 1992, by the following vote:
AYES: Councilmembers Bates, Christiansen, Krembas, Mayor Pro Tem Porter and Mayor Wilson
NOES: None
ABSTENTIONS: None
ABSENT: None
sareele
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ATTACHMENT C
Division 3 of Title 2 of the Laguna Niguel Municipal Code:
Duties & Responsibilities of Commissions and Committees Division 3 of Title 2 of the Laguna Niguel Municipal Code:
Duties & Responsibilities of Commissions and Committees
PARKS AND RECREATION COMMISSION
Duties and Responsibilities of the Commission:
(a) Review and recommend to the city council plans for the development of parks which are prepared for the implementation of city parks and recreation programs. (b) Review and recommend to the city council plans for the development of recreation facilities, programs, and services in the city.
(c) Establish working relationships with the South Coast YMCA and Capistrano Unified School District to maximize the coordination of programs and use of facilities. (d) Undertake such other duties as may be assigned by the city council.
TRAFFIC AND TRANSPORTATION COMMISSION
Duties and Responsibilities of the Commission:
(a) Act in an advisory capacity to the city council on all traffic matters relating to:
(1) Receiving complaints relating to traffic matters.
(2) Surveying, reviewing and making recommendations relative to traffic conditions, improvement of traffic conditions, and the administration and enforcement of traffic regulations.
(3) Surveying, reviewing and making recommending plans for improved parking. (4) Surveying, reviewing and recommending safety programs, campaigns, and activities to educate the public in traffic safety.
(b) Initiate and maintain a program of traffic safety programs and campaigns relative to the California Traffic Safety Program provided for by Sections 2900—2910 of the California Vehicle Code.
(c) Act as a body to receive complaints and recommendations concerning traffic matters.
In this capacity, the commission shall act as a liaison to communicate information obtained from the general public and other local agencies to the city council. (d) The commission shall not duplicate planning commission duties relating to the review of tentative tract maps and other development plans.
(e) Recommend to the planning commission and the city council provisions for the circulation element of the general plan of the city, and to otherwise implement said element after its adoption.
(f) Study and make recommendations to the city council on matters regarding public transportation.
(g) Study and make recommendations to the city council on matters of traffic regulations, including traffic control devices, parking, and vehicle and pedestrian safety, except for those matters otherwise delegated by this Code to the traffic engineer. The traffic and transportation commission shall also have the authority and responsibility to study and make recommendations to the city council on the following specific matters:
(1) The designation of any intersection requiring a vehicle to come to a full stop or the installation or removal of any existing stop sign within the city; (2) The installation of any traffic control sign within the city, except for traffic warning signs as provided in section 7-4-202; and
(3) The designation of overnight parking zones on certain streets or highways, or portions thereof.
Division 3 of Title 2 of the Laguna Niguel Municipal Code:
Duties & Responsibilities of Commissions and Committees (4) The designation of specific street segments for time limited parking zones, including, but not limited to, time or day restrictions or one-hour, two-hour, or other time limitations.
(h) Review and monitor existing traffic circulation improvement programs. (i) After evaluation by the traffic engineer, review, evaluate, and make recommendations to the city council regarding requests for the installation of stop signs and signals and the creation of one-way streets.
) Review and evaluate all traffic improvement and/or circulation proposals submitted to the city by state and local government entities.
(k) Review and evaluate current and anticipated on-street parking requirements and limitations.
(1) Undertake such other duties as may be assigned by the city council.
PLANNING COMMISSION
*Outlined in Division 1 of Title 9 of the Laguna Niguel Municipal Code Powers of Planning Commission:
(1) The commission shall have the power to recommend to the officers of the city adoption of plans and regulations for the future growth, development and beautification of the city with respect to public and private development.
(2) The commission shall have the power to recommend to the officers of the city plans consistent with the future growth and development of the city in order to secure to the city and its inhabitants proper sanitation and proper service of all public (3) The commission shall have the power to make recommendations to any public authorities or any corporation or individuals of the city with reference to the location of any proposed buildings, structures or works.
(4) The planning commission is hereby designated as an advisory agency as that term is used in the Subdivision Map Act, and shall have the authority to review and approve, conditionally approve or disapprove tentative tract maps and tentative parcel maps and lot line adjustments when the lot line adjustments are referred by the subdivision committee or when the action of the subdivision committee is appealed. (5) The commission shall have the power to perform those tasks required of it by the city council and to do those things otherwise required by law of a planning commission acting as a planning agency of a city, including undertaking the study for, preparation and recommendation of a general plan as required by law, covering a comprehensive, long-term general plan for the development of the city. (6) The city council is hereby designated as an appeal board as that term is used in the Subdivision Map Act, and shall hear appeals from actions of the planning commission with respect to tentative tract maps, tentative parcel maps and lot line adjustments.
Division 3 of Title 2 of the Laguna Niguel Municipal Code:
Duties & Responsibilities of Commissions and Committees INVESTMENT BANKING & AUDIT COMMITTEE:
Duties of the Committee:
(a) The duties and responsibilities of the investment, banking and audit committee shall consist of the following:
(1) Annually review the city's investment policy and recommend revisions, as necessary, to the city council.
(2) Periodically review the city's investment portfolio and the city's investment practices to insure conformance with the city's investment policy. (3) Periodically review the city's investment portfolio to insure that the city's investments are diversified.
(4) Monitor city staff's practices regarding the handling of the investment portfolio and the making of investments to insure that the internal control and safeguards established by the city's investment policy are being followed. (5) Advise city staff regarding potential investments and potential investment strategies.
(6) Develop and recommend policies to guide the city's banking relationships. (7) Monitor the city's banking relationships and advise city staff of potential issues and concerns.
(8) Review the draft request for proposals ("RFP") and proposed selection criteria for auditing services with staff before presentation to the full city council and distribution of the RFP to qualified auditing firms.
(9) Review the draft annual financial report with staff and auditors before presentation to the full city council.
(10) Review the management letter and internal control comments and recommendations with staff and auditors before presentation to the full city council.
(11) Following the end of year audit and CAFR preparation, chairperson shall make presentation to the city council regarding investment, banking and audit related matters.
(12) Review current contracts and/or city vendors for compliance with the Laguna Niguel Municipal Code (LNMC) and the city's administrative policies and procedures, including spending limits, related to procurement and contracting. (13) Provide input into the city's current purchasing and contracting procedures with respect to the LNMC and the city's administrative policies and procedures, including spending limits, related to procurement and contracting. (14) Inspect any discrepancies found in the current annual audit with respect to spending in accordance with all contracts and agreements and found to be outside the parameters of the city's administrative policies related to procurement and contracting.
(15) Perform such other related duties that may be requested from time-to-time by the full city council.
(b) The city manager and the finance director are responsible for the day-to-day management of the investment portfolio and the making of specific investments. The committee shall not make or direct city staff to make any particular investment, purchase any particular investment products, or do business with any particular Division 3 of Title 2 of the Laguna Niguel Municipal Code:
Duties & Responsibilities of Commissions and Committees investment companies, brokers or banks.
Senior Citizens Committee:
Duties of the Committee:
(a) Provide advice to the city council and the parks and recreation commission on needs of the senior citizens of the community, both within the city and regionally. (b) Promote the involvement of senior citizens in community affairs. (c) Provide input regarding a variety of programs for the benefit of senior citizens. (d) Act as a sounding board for individuals and organizations and city officials for ideas and plans which may affect senior citizens.
(e) Attend programs and activities at the Sea Country Senior & Community Center and participate in a volunteer capacity as needed.
(f) Perform other duties that may be assigned by the city council.
Military Support Committee:
Duties of the Committee:
(a) Maintain continuous communication and contact between the city and representatives of the USS McClusky and USMC 1/4.
(b) Determine the support needs of the personnel and families of the USS McClusky and USMC 1/4.
(c) Plan, organize and conduct programs and special events to support the personnel and families of the USS McClusky and USMC 1/4.
(d) Represent the city at ceremonial and social events, upon the invitation of the commanding officer (or his/her representative) of the USS McClusky and USMC 1/4. (e) Solicit and raise private funds and donations to support the Laguna Niguel Military Support Foundation's mission to support the city's adoptive relationship, programs and special events with the USS McClusky and USMC 1/4.
(f) Provide periodic updates to the city council on its activities. (g) Such other duties and responsibilities as may be assigned by the Laguna Niguel City Council.
Youth Committee:
Duties of the Committee:
(a) Maintain and update a Laguna Niguel Teen Web Site.
(b) Maintain and update a youth community and volunteer service directory. (C) Maintain a youth employment directory as part of the Laguna Niguel Teen Web Site. (d) Develop or participate in an annual local youth job fair. (e) Annually review and recommend new teen recreation programs and events. (f) Plan one or two teen recreation programs each year. (g) Participate as volunteers at city sponsored events. (h) Work cooperatively with the Dana Point Youth Board on projects of mutual interest.
Division 3 of Title 2 of the Laguna Niguel Municipal Code:
Duties & Responsibilities of Commissions and Committees (i) Hold annual joint meeting with the city council.
(j) Hold annual joint meeting with the parks and recreation commission to review and provide feedback on teen programs.
(k) Each member shall participate in or attend at least one of the quarterly city sponsored special teen programs.
(i) Provide youth input on city projects and/or programs upon request of the city council.
ATTACHMENT D
Resolution No. 2022-1407, 2022 City Conflict of Interest Code 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
WHEREAS, the Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California 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. "A" of this Resolution and it along with Appendices 1 & 2 are hereby approved and constitute the Conflict of Interest Code of the City.
2. Persons holding designated positions listed in Appendix "1" shall fil Statements of Economic Interest pursuant to the Model Code with th information required for the disclosure category assigned to them and specified in Appendix "2."
3. he City Clerk is directed to forward a certified copy of this Resolution t le Fair Political Practices Commissiol
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 incorporated by reference
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 corporated 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. make and retain a copy and forward the original of these statements to the Fair Political 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 seg. (of the Political Reforn
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 Commented [JM1]: City Council may consider Traffic and Transportation Commission 1,2, 3 & 4 renoving disclosure categories 2, 3 & 4 ADMINISTRATION DEPARTMENT:
Deputy City Manager 1, 2, 3 & 4
Management Analyst 1, 2, 3 & 4
Human Resource Manager 1,2, 3 & 4
Deputy City Attorney 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
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
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
Aquatics Supervisor
Recreation Coordinator
FIRE DEPARTMENT:
Fire Chief 1,2,3 & 4
POLICE DEPARTMENT:
Police Chie 1, 2, 3 & 4
Administrative Sergean 4
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.
* 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.