CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Marissa J. Asistin, City Clerk
DATE: September 17, 2024
SUBJECT: Adoption of Resolution No. 2024-1494, amending the Conflict of Interest Code
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2024-1494, amending the City's Conflict of Interest Code.
BACKGROUND
The Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), requires every local government agency adopt and maintain a Conflict of Interest Code (Code). The Act further requires that agencies regularly review their Code of designated positions and reporting categories 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 2022. 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:
Assistant/Deputy City Attorney
Assistant Engineer
Management Assistant (Administration)
Management Analyst (Community Development)
Planning Manager
Principal Civil Engineer
Recreation Superintendent
Senior Code Compliance Inspector
Amend the following titles in the Conflict of Interest Code:
Deputy City Manager to Assistant City Manager
Development Services Manager to Deputy Community Development Director Recreation Manager to Deputy Parks and Recreation Director Remove from the Conflict of Interest Code:
Administrative Sergeant
Contracts Administrator
Emergency Preparedness Coordinator
Fire Chief
Police Chief
Attachment A is a redlined version of the proposed amended Code. The proposed revisions are based on the establishment and recognition of new positions that must be designated, the revision of titles of existing positions, the revision of disclosure categories, deletes titles of positions that have been eliminated and/or positions that no longer make or participate in making governmental decisions, and includes language regarding e-filing with the FPPC and required AB1234 training. Additionally, non-substantive formatting changes have been made to the Code.
A final version of the Code is included in proposed Resolution No. 2024-1494 (Attachment With the amended Code, there are no new or additional filing requirements for the City Council.
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. 2024-1494, amending the City's current Conflict of Interest Code.
vote l tin
Scott C. Smith
City Attorney
Marissa J. Asistin
City Clerk
Attachments:
. Redlined Version of Proposed Amended Conflict of Interest Code B. Resolution No. 2024-1494
ATTACHMENT A
Redlined Version of Proposed Amended Conflict of Interest Code
CONFLICT OF INTEREST CODE FOR
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 20, 2022 September 17, 2024)
The Political Reform Act, Government Code Sections 81000 et seq.. requires state and local government agencies to adopt and promulgate conflict of interest codes. 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 Appendix designating positions and establishing disclosure categories are set forth, shall constitute the Conflict of Interest Code of the City of Laguna Niguel.
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall electronically file their statements with the City Clerk. The City Clerk shall retain copies of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City's Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
55842.00001\42388945.2
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 20, 2020 September 17, 2024)
PART "A"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments'. These positions are listed here for informational purposes only.
Finance Director
Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 55842.00001\42388945.2
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
[Officials Who Manage Public Investments removed from this section and now listed in Part "A"] ADMINISTRATION DEPARTMENT:
Deputy Assistant City Manager 1,2,384
Management Analyst 1,2,384
Human Resource Manager 1,2,384
Assistant City Attorney (not filing under GC 87200) 1,2,3&4 Deputy City Attorney (not filing under GC 87200) 1,2,384 OFFICE OF THE CITY CLERK:
City Clerk 1,2,384
Deputy City Clerk 1,2,384
COMMUNITY DEVELOPMENT DEPARTMENT:
Community Development Director 1,2,384
Deputy Community Development Director 1,2,384
Development Services Manager 1,2,3&4
Senior Planner 1,2,384
Assistant Planner/Associate Planner 1,2,384
Code Compliance Inspector 1,2,384
Senior Code Compliance Inspector 1,2,3&4
Building Official 1,2,384
Building Inspector 1,2,384
Planning Manager 1,2,384
Management Analyst 1,2,3&4
55842.00001\42388945.2
FINANCE DEPARTMENT:
Finance Manager 1,2,384
Purchasing Manager 1,2,3&4
Accountant 1,2,3&4
PUBLIC WORKS DEPARTMENT:
Public Works Director/City Engineer 1,2,384
Engineering Services Manager 1,2,384
Associate Engineer 1,2,3&4
Assistant Engineer 1,2,384
Senior Civil Engineer 1,2,384
Engineering Technician 1,2,3&4
Parks and Landscape Maintenance Superintendent 1,2,384
Street Maintenance Superintendent 1,2,384
Senior Public Works Inspector 1,2,384
Public Works Inspector 1,2,384
Landscape Maintenance Inspector 1,2,3&4
Senior Management Analyst 1,2,384
Contracts Administrator 1,2,384
Maintenance Services Manager 1,2,3&4
Management Analyst 1,2,384
Building & Facilities Supervisor 1,2,384
Principal Civil Engineer 1,2,384
PARKS AND RECREATION DEPARTMENT:
Parks and Recreation Director 1,2,384
Recreation Manager Deputy Parks and Recreation 1,2,384
Director
Recreation Supervisor 4
Aquatics Supervisor 4
Recreation Coordinator 4
Recreation Superintendent 4
FIRE DEPARTMENT:
Fire Chief (Consultant - not a City Employee] 1,2,384
POLICE DEPARTMENT:
Police Chief [Consultant - not a City Employee] 1,2,384 Administrative Sergeant [Consultant - not a City Employee] 4 4 Emergency Preparedness Coordinator
55842.00001\42388945.2
MEMBERSHIP ON COMMISSIONS, COMMITTEES &
BOARDS:
Investment, Banking and Audit Committee 1,2,384
Military Support Committee 1,2,3&4
Parks and Recreation Commission 1,2,384
Senior Citizens' Committee 1,2,384
Traffic and Transportation Commission 1,2,384
*See page
Consultants and New Positions?
7 *[Deleted Consultant Disclosure requirements, information listed in footnote No. 2] Individuals serving as a consultant as defined in FPPC Reg. 18700.3 or in a new position created since this Code was last approved that make or participate in making decisions must file under the broadest disclosure set forth in this Code subiect to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code $. 82019; FPPC Regs. 18219 and 18734.). 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. (Gov. Code §. 81008) 55842.00001142388945.2
PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned. Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
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.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) 55842.00001\42388945.2
Category 5 - Consultants in Disclosure Category 5 Must Report:
All reportable interests contained in Disclosure Categories 1, 2, 3 & 4, unless 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.
55842.00001\42388945.2
ATTACHMENT B
Resolution No. 2024-1494 Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974 RESOLUTION NO. 2024-1494
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA ADOPTING AN AMENDED
CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Laguna Niguel (the "City") and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") in compliance with the Act which was last amended September 20, 2022; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City's Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on September 17, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laguna Niguel that:
SECTION 1. The City Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular busines hours; and
SECTION 2. The said amended Conflict of Interest Code shall become effective immediately after the date of its adoption and approval.
SECTION 3. The City Clerk is directed to forward a certified copy of this resolution to the Fair Political Practices Commission (FPPC). 55842.00001\42388931.1
PASSED, APPROVED AND ADOPTED this 17'h day of September, 2024 by the following vote:
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
Attachment:
Amended Conflict of Interest Code for the City of Laguna Niguel 55842.00001\42388931.1
CONFLICT OF INTEREST CODE
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 17, 2024)
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 Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Laguna Niguel.
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall electronically file their statements. The City Clerk shall retain copies of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City's Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
55842.00001142388945.3
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 17, 2024)
PART "A"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments'. These positions are listed here for informational purposes only.
Finance Director
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 55842.00001142388945.3
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESILE OR FUNTIONS ISCLOSURE CATEGORIE
ASSIGNEI
ADMINISTRATION DEPARTMENT:
Assistant City Manager 1,2,384
Assistant City Attorney (not filing under GC 87200) 1,2,384 Deputy City Attorney (not filing under GC 87200) 1,2,384 Human Resource Manager 1,2,384
Management Analyst 1,2,384
Management Assistant 1,2,384
OFFICE OF THE CITY CLERK:
City Clerk 1,2,384
Deputy City Clerk 1,2,384
COMMUNITY DEVELOPMENT DEPARTMENT:
Assistant Planner/Associate Planner 1,2,384
Building Inspector 1,2,384
Building Official 1,2,384
Code Compliance Inspector 1,2,384
Community Development Director 1,2,384
Deputy Community Development Director 1,2,384
Management Analyst 1,2,384
Planning Manager 1,2,384
Senior Code Compliance Inspector 1,2,384
Senior Planner 1,2,384
FINANCE DEPARTMENT:
Accountant 4
Finance Manager 1,2,384
Purchasing Manager 1,2,3&4
PUBLIC WORKS DEPARTMENT:
Assistant Engineer 1,2,384
Associate Engineer 1,2,384
Building & Facilities Supervisor 1,2,384
Engineering Services Manager 1,2,384
Engineering Technician 1,2,384
Landscape Maintenance Inspector 1,2,384
55842.00001\42388945.3
Maintenance Services Manager 1,2,384
Management Analyst 1,2,384
Parks and Landscape Maintenance Superintendent 1,2,384
Principal Civil Engineer 1,2,384
Public Works Director/City Engineer 1,2,384
Public Works Inspector 1,2,384
Senior Civil Engineer 1,2,3&4
Senior Management Analyst 1,2,384
Senior Public Works Inspector 1,2,384
Street Maintenance Superintendent 1,2,384
PARKS AND RECREATION DEPARTMENT:
Aquatics Supervisor 4
Deputy Parks and Recreation Director 1,2,384
Parks and Recreation Director 1,2,384
Recreation Coordinator 4
Recreation Superintendent 4
Recreation Supervisor 4
MEMBERSHIP ON COMMISSIONS,
COMMITTEES & BOARDS:
Investment, Banking and Audit Committee 1,2,384
Military Support Committee 1,2,384
Parks and Recreation Commission 1,2,384
Senior Citizens' Committee 1,2,384
Traffic and Transportation Commission 1,2,384
Consultants and New Positions?
2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3 or in a new position created since this Code was last approved titaniake or participate in making decisions must file under the broadest disclosure set forth in this Code subject to the following The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a ritten document. (Gov. Code §. 82019; FPPC Regs. 18219 and 18734). The City Manager's determination is a public record an hall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code §. 81008 55842.00001\42388945.3
PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned. Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
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.
This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction if the source does no lave some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1 55842.00001\42388945.3
Category 5 - Consultants in Disclosure Category 5 Must Report:
All reportable interests contained in Disclosure Categories 1, 2, 3 & 4, unless 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.
55842.00001\42388945.3