To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Marissa J. Asistin, City Clerk
September 15, 2026
Adoption of Resolution No. 2026-1540, amending the Conflict of Interest Code
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2026-1540, 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 2024. 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 to the City Manager
- Community Engagement Manager
Amend the following titles in the Conflict of Interest Code:
- Parks & Recreation Commission to Parks, Recreation, and Senior Commission
Remove from the Conflict of Interest Code:
- Aquatics Supervisor
- Engineering Technician
- Senior Citizens' Committee
Attachment A is a red lined 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, and deletes titles of positions that have been eliminated.
A final version of the Code is included in proposed Resolution No. 2026-1540 (Attachment B).
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. 2026-1540 , amending the City's current Conflict of Interest Code.
~~
Tamara S. Letourneau
City Manager
Ci
~ -v_:
M'. Asistin
Attachments :
Scott C. Smith
City Attorney
A. Redlined Version of Proposed Amended Conflict of Interest Code B. Resolution No. 2026-1540
ATTACHMENT A
Redlined Version of Proposed Amended Conflict of Interest Code
CONFLICT OF INTEREST CODE
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 175, 20246)
The Political Reform Act, Government Code Sections 81000 et ~ 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.)
55842.0000 I \42388945.3
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 175, 20246)
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 1. 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. 55842.0000 1 \42388945.3
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
TITLE OR FUNCTION
ADMINISTRATION DEPARTMENT:
Assistant City Manager
Assistant City Attorney (not filing under GC 87200)
Deputy City Attorney (not filing under GC 87200)
Assistant to the City Manager
Community Engagement Manager
Human Resource Manager
Management Analyst
Management Assistant
OFFICE OF THE CITY CLERK:
City Clerk
Deputy City Clerk
COMMUNITY DEVELOPMENT DEPARTMENT:
Assistant Planner/Associate Planner
Building Inspector
Building Official
Code Compliance Inspector
Community Development Director
Deputy Community Development Director
Management Analyst
Planning Manager
Senior Code Compliance Inspector
Senior Planner
FINANCE DEPARTMENT:
Accountant
Finance Manager
Purchasing Manager
PUBLIC WORKS DEPARTMENT:
Assistant Engineer
Associate Engineer
Building & Facilities Supervisor
Engineering Services Manager
55842 .0000 I \42388945.3
DISCLOSURE CATEGORIES
ASSIGNED
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
4 1,2,3&4
1,2,3&4
1,2 ,3&4
1,2 ,3&4
1,2 ,3&4
1,2 ,3&4
Engineering Technician
Landscape Maintenance Inspector
Maintenance Services Manager
Management Analyst
Parks and Landscape Maintenance Superintendent
Principal Civil Engineer
Public Works Director/City Engineer
Public Works Inspector
Senior Civil Engineer
Senior Management Analyst
Senior Public Works Inspector
Street Maintenance Superintendent
PARKS AND RECREATION DEPARTMENT:
Aquatics Supervisor
Deputy Parks and Recreation Director
Parks and Recreation Director
Recreation Coordinator
Recreation Superintendent
Recreation Supervisor
MEMBERSHIP ON COMMISSIONS,
COMMITTEES & BOARDS:
Investment, Banking and Audit Committee
Military Support Committee
Parks-aru:1--.LRecreation & Senior Commission
Senior Citizens' Committee
Traffic and Transportation Commission
Consultants and New Positions 2
1,2 ,3&4
1,2 ,3&4
1,2 ,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
4 1,2,3&4
1,2,3&4
4 4
4 1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
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 subject 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 .0000 I \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.3 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 jurisd/ction 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\42388945.3
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
ATTACHMENT B
Resolution No. 2026-1540
RESOLUTION NO. 2026-1540
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 197 4, 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 17, 2024; 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 15, 2026, 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 business 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 th_is resolution to the Fair Political Practices Commission (FPPC). 55842.00001\42388931.1
PASSED, APPROVED AND ADOPTED this 15th day of September, 2026 by the following vote:
Gene Johns, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
Attachment:
A. Amended Conflict of Interest Code for the City of Laguna Niguel
CONFLICT OF INTEREST CODE
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 15, 2026)
The Political Reform Act, Government Code Sections 81000 et ~ 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.) -
55842.00001\42388945.3
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF LAGUNA NIGUEL
(Amended September 15, 2026)
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 1. 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. 55842.00001 \42388945.3
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS
TITLE OR FUNCTION
ADMINISTRATION DEPARTMENT:
Assistant City Manager
Assistant City Attorney (not filing under GC 87200)
Deputy City Attorney (not filing under GC 87200)
Assistant to the City Manager
Community Engagement Manager
Human Resource Manager
Management Analyst
Management Assistant
OFFICE OF THE CITY CLERK:
City Clerk
Deputy City Glerk
COMMUNITY DEVELOPMENT DEPARTMENT:
Assistant Planner/Associate Planner
Building Inspector
Building Official
Code Compliance Inspector
Community Development Director
Deputy Community Development Director
Management Analyst
Planning Manager
Senior Code Compliance Inspector
Senior Planner
FINANCE DEPARTMENT:
Accountant
Finance Manager
Purchasing Manager
PUBLIC WORKS DEPARTMENT:
Assistant Engineer
Associate Engineer
Building & Facilities Supervisor
Engineering Services Manager
55842.00001 \42388945.3
DISCLOSURE CATEGORIES
ASSIGNED
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&_4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
4 1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
Landscape Maintenance Inspector
Maintenance Services Manager
Management Analyst ,
Parks and Landscape Maintenance Superintendent
Principal Civil Engineer
Public Works Director/City Engineer
Public Works Inspector
Senior Civil Engineer
Senior Management Analyst
Senior Public Works Inspector
Street Maintenance Superintendent
PARKS AND RECREATION DEPARTMENT:
Deputy Parks and Recreation Director
Parks and Recreation Director
Recreation Coordinator
Recreation Superintendent
Recreation Supervisor
MEMBERSHIP ON COMMISSIONS,
COMMITTEES & BOARDS:
Investment, Banking and Audit Committee
Military Support Committee
Parks, Recreation & Senior Commission
Traffic and Transportation Commission
Consultants and New Positions 2
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
4 4
4 1,2,3&4
1,2,3&4
1,2,3&4
1,2,3&4
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 subject 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.) 55842.00001 \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.3 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\42388945.3
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