Agenda Item Number 3
CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: September 1, 2026
=============================================================================================== To: Honorable City Councilmembers
From: City Attorney Alex Mog
Department: City Administration
Subject: Notice of Intent to Amend the City of Sebastopol Conflict of Interest Code ============================================================================================== RECOMMENDATION(s): That the City Council Receive the Biennial Notice of Intention to Amend the City of Sebastopol Conflict of Interest Code.
PROCESS OF AGENDA ITEM:
If the item remains on the Consent Calendar, no presentation is required, and the item will be approved as part of the Consent Calendar.
If the item is removed from the Consent Calendar, it will be heard as a regular agenda item and will proceed as follows:
• Presentation by staff
• Council questions and discussion
• Public comment
• Council deliberation and action
EXECUTIVE SUMMARY: The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially (in even-numbered years), or as needed, to determine if it is accurate and up-to-date.
The City’s current Conflict of Interest Code was last amended and adopted by Resolution No. 6626-2024 on November 19, 2024. Staff has worked closely with the City Attorney’s Office to review the current Code and identify any necessary updates arising from changes in City positions, organizational structure, or Fair Political Practices Commission (FPPC) requirements since the 2024 adoption.
BACKGROUND:
Under the Political Reform Act (Government Code Section 81000 et seq.), all public agencies are required to adopt a Conflict of Interest Code. The Code designates positions required to file annual Statements of Economic Interests (Form 700) and assigns disclosure categories specifying the types of interests that must be reported.
These statements are public documents. Certain positions (Mayor, City Council, Planning Commission, City Manager, City Attorney, City Treasurer, and officials who manage public investments) file under Government Code section 87200 and are not subject to the City’s local Code.
The current Conflict of Interest Code, adopted by Resolution No. 6626-2024, incorporates by reference the terms of Title 2, California Code of Regulations Section 18730, and includes:
• Appendix A – List of Designated Employees and Disclosure Categories • Appendix B – Disclosure Categories (Categories 1, 2, and 3) DISCUSSION:
A written comment period has been established beginning September 2, 2026, and ending on October 17, 2026 (Attachment 1). In accordance with the Political Reform Act, the Notice of Intention to Amend the City of Sebastopol Conflict of Interest Code will be provided to affected employees prior to Council’s consideration of a resolution amending the Code at a regularly scheduled meeting (tentatively November 3, 2026).
Pursuant to Government Code Section 87306.5, the biennial review of the City of Sebastopol Conflict of Interest Code has been completed. Any proposed additions, deletions, or amendments to positions or disclosure Agenda Item Number 3
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categories will be shown in the draft Appendix (Attachment 2) with changes indicated for Council and public review. At this time, staff has not identified substantive changes requiring detailed amendments; the draft Appendix is provided for transparency and minor amendments.
STAFF ANALYSIS: Staff, in consultation with the City Attorney, has completed the initial biennial review of the Conflict of Interest Code. The review examined:
• Current organizational structure and position titles; • Duties of positions that make or participate in making governmental decisions; • Appropriateness of assigned disclosure categories; and • Any updates required by the Fair Political Practices Commission or changes in law since November 2024.
Based on this review, the existing designations and categories remain substantially accurate with minor amendments to positions. The Notice of Intention initiates the formal public process required before any formal amendment is presented to the City Council for adoption.
CITY COUNCIL GOALS/PRIORITIES/ AND OR GENERAL PLAN CONSISTENCY:
This agenda item represents the City Council goals/priorities as follows:
Goal 4: HIGH PERFORMANCE ORGANIZATION
Restore public trust, improve public communications, and strengthen collaborative partnerships with outside agencies and service providers.
PUBLIC COMMENT:
As of the preparation of this staff report, no public comments have been received on this item. Any comments received after distribution of the report will be provided to the City Council as supplemental materials. Public comment will also be accepted during the meeting.
COMMUNITY OUTREACH:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.
FISCAL IMPACT:
This report is for informational purposes only. There is no fiscal impact.
RESTATED RECOMMENDATION: That the City Council Receive the Biennial Notice of Intention to Amend the City of Sebastopol Conflict of Interest Code.
CITY COUNCIL OPTIONS: None. The Conflict of Interest Code must be reviewed biennially for any amendments pursuant to Government Code Section 87306.5.
ATTACHMENT(S):
1. Notice of Intention to Amend the City of Sebastopol Conflict of Interest Code
2. Draft Appendix of Designated Employees and Disclosure Categories (with proposed changes, if any)
3. Resolution No. 6626-2024 – Current Conflict of Interest Code (adopted November 19, 2024) APPROVALS:
Department Head Approval: Approval Date:
CEQA Determination (Planning): Approval Date:
The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines Agenda Item Number 3
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General Plan Goal (Planning): Approval Date:
Administrative Services (Financial) Approval Date:
Costs authorized in City Approved Budget: ☐ Yes ☐ No XX N/A Account Code (f applicable) _______________________________ City Attorney Approval: Approval Date:
City Manager Approval: Approval Date:
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_________________________________
ATTACHMENT 1
NOTICE OF INTENTION TO AMEND THE CITY OF SEBASTOPOL CONFLICT OF INTEREST CODE NOTICE IS HEREBY GIVEN that the City of Sebastopol intends to amend its existing Conflict of Interest Code pursuant to Government Code Sections 87300 and 87306. Pursuant to Government Code Section 87302, the Code will designate those positions that must disclose certain investments, income, interests in real property, and business positions. Employees occupying those positions must disqualify themselves from making or participating in the making of governmental decisions that would have a material effect upon those interests.
Revisions to the existing Conflict of Interest Code and list of designated employees who are required to file Statements of Economic Interests may include position title changes, reclassifications, vacancies, and/or the addition and deletion of positions based on an examination of their involvement in the decision-making process.
A full copy of the proposed amended Conflict of Interest Code (if amendments are proposed) is available in the Office of the City Clerk for review and inspection.
NOTICE IS FURTHER GIVEN that the City of Sebastopol has established a written comment period for interested persons to submit comments pertaining to the proposed amended Conflict of Interest Code. Comments must be submitted in writing to the Office of the City Clerk no later than October 17, 2026, at 5:00 p.m. to be considered by the City Council when it takes action on any proposed amended Conflict of Interest Code. The City Council is tentatively scheduled to take action on any proposed Conflict of Interest Code amendments on November 3, 2026, at 6:00 p.m. (or as soon thereafter as the matter may be heard).
No public hearing on this matter will be held unless an interested person or his or her representative requests a public hearing no later than fifteen (15) days prior to the close of the written comment period.
Inquiries concerning the proposed amended Conflict of Interest Code may be directed to the Office of the City Clerk at (707) 823-1153 or by email to the City Clerk.
Dated: September 1, 2026
City Clerk / Filing Officer
City of Sebastopol
7120 Bodega Avenue
Sebastopol, CA 95472
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CITY OF SEBASTOPOL
CONFLICT OF INTEREST CODE
In compliance with the Political Reform Act of 1974, California Government Code Section 81000 et. seq., and specifically with Section 97300 et. seq., the City of Sebastopol adopted its current Conflict of Interest Code. All employees or identified contractors of the City holding positions designated in the adopted Conflict of Interest Code are required to file a Statement of Economic Interest (SEI) using the Fair Political Practices Commission (FPPC) Form 700. The requirements of this code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code 87100, and are in addition to any other state or local laws pertaining to conflicts of interest.
Additionally, Government Code Section 87200 identifies elected and appointed officials as statutory filers who are required to file Statements of Economic Interests.
SECTION 1. AUTHORITY
Government Code Section 87300 requires the City of Sebastopol to adopt a Conflict of Interest Code.
SECTION 2. PURPOSE
The purpose of the City of Sebastopol Conflict of Interest Code is to incorporate by reference the terms of Section 18730 of the California Code of Regulations pertaining to Conflict of Interest Codes.
SECTION 3. CODE REVIEWING BODY
The City Council of the City of Sebastopol shall be the Code Reviewing Body for the City of Sebastopol Conflict of Interest Code.
SECTION 4. FILING OFFICER
The City Clerk of the City of Sebastopol shall be the Filing Officer for the City of Sebastopol Conflict of Interest Code. All persons occupying designated positions shall file Statements of Economic Interests with the City Clerk.
The City Clerk shall make statements available for public inspection and reproduction, shall retain all statements pursuant to State Law, and shall perform all other duties and responsibilities of the Filing Officer pursuant to State Law.
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APPENDIX A
CITY OF SEBASTOPOL
CONFLICT OF INTEREST CODE
The persons occupying the following positions are designated employees for the purposes of this Conflict of Interest Code and shall disclose their financial interests in accordance with the disclosure categories set forth herein and are required to submit Statements of Economic Interest Interests pursuant to the Political Reform Act of 1974.
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(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq.
POSITION DISCLOSURE CATEGORY
Administrative Services Accountant/Analyst (Confidential) 1 Assistant Public Works Superintendent 1
Associate Planner 1
Building Official 1
City Clerk/Assistant City Manager 1
City Engineer 1
Community Development Director 1
Engineering Manager 1
Fire Chief 1
Planning Director 1
Police Captain 1
Police Chief 1
Police Lieutenant 1
Public Works Superintendent 1
Public Works Director/City Engineer 1
Public Works Director 1
Public Works Operations Supervisor 1
Traffic Engineer 1
Design Review Board 1
Consultants*
* Consultant means an individual who, pursuant to a contract with a State or local government agency:
Makes a governmental decision whether to:
(i) Approve a rate, rule or regulations;
(ii) Adopt or enforce a law; Issue, deny, suspend, or revoke any permit, license, application, certificate, approval order, or similar authorization or entitlement;
(iii) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(iv) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;
(v) Grant agency approval to a plan, design, report, study or similar item; (vi) Adopt, or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18702.2 or performs the same or substantially all the same duties Agenda Item Number 3
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for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest code under Government Code Section 87302.
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: 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 this section. Such written determination shall include a description of the consultant’s duties and based upon that description, a statement of the extend 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.
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APPENDIX B
CITY OF SEBASTOPOL
CONFLICTOFINTERESTCODE
DISCLOSURE CATEGORIES
All designated employees shall disclose their financial interests in accordance with the categories set forth in Appendix “A”
The disclosure category listed below identifies the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.
Disclosure Categories Defined
1. Category 1
Persons designated in this category shall disclose:
All investments, business positions in, and income from sources located in or doing business in the jurisdiction.
Interests in real property located in the jurisdiction, including property located within a two-mile radius of the jurisdiction or of any property owned by used by the agency. Income shall include gifts, loans) and travel payments. All sources of income, including investments, gifts, loans and travel payments as defined in Government Code Section 82030, or as amended.
2. Category 2
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: 1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the City, or 2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the City.
3. Category 3
Individuals in this category shall disclose all investments and business positions in business entities, and income from sources which: 1) are contractors or subcontractors engaged in the performance of work or services of the type utilized by the designated employee’s department, or 2) which manufacture or sell supplies, material, machinery or equipment of the type utilized by the designated employee’s department.
Statements of Economic Interests
Individuals holding designated positions shall file their Assuming Office statements within 30 days of assuming office, and thereafter, no later than April 1 of each year for the previous full calendar year. Statements shall be filed in the Office of the City Clerk (Location: 7120 Bodega Avenue, Sebastopol, CA 95472) which will make the statements available for public inspection and reproduction (Government Code Section 81008). Upon leaving a designated filer position, Leaving Office statements must be filed within 30 days of separation.
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