Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of December 11, 2023
SUBJECT: Resolution No. 2023-60, Adopting, Affirming, and Incorporating by Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Amending Appendix I and II, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions" to the Conflict of Interest Code of the City of Yucaipa
RECOMMENDATION:
That the City Council adopt Resolution No. 2023-60, approving an amended Conflict of Interest Code, Appendix I and II, to account for the addition, deletion and modification of positions listed as "designated positions."
DISCUSSION:
Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions or participate in making decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests in investments, real property, sources of income, and business positions that may affect in their decision -making, on a form called Statement of Economic Interests (Form700).
The Three Components of a Conflict of Interest Code are:
EXHIBIT A — INCORPORATION SECTION ( TERMS OF THE CODE)
This section designates where the forms are filed and retained ( i. e., the agency or the Fair Political Practices Commission ( FPPC)). This section also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit. The FPPC periodically amends the regulation to include legislative and regulatory changes that affect the code's main body; by referencing the regulation, the body of an agency's code stays automatically in compliance with the Political Reform Act.
APPENDIX I — LIST OF DESIGNATED POSITIONS
The code must list all agency positions that involve making or participation in making of decisions that "may foreseeably have a material effect on any financial interest." This covers agency members,
officers and employees, and it may include volunteers on a committee if the members make or participate in making government decisions.
APPENDIX II — DETAILED DISCLOSURE CATEGORIES
A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form700. The categories must be tailored to the financial interests affected and must not require public officials to disclose private financial information that does not relate to their public employment.
City staff has reviewed the code since it was last amended in August 2022, and the following changes have occurred in the City's reporting schedules:
Modify the title of the following Reporting Categories:
• Information Systems Manager was changed to Information Technology Manager (recommend keeping disclosure category the same - 1)
Remove the following Reporting Categories:
• Information Systems Production Supervisor (position eliminated) • Mobilehome Rent Review Commission (position eliminated) • Planning Manager/City Planner (position eliminated)
• Public Works Manager (position eliminated)
• Senior Accountant (position eliminated)
• Senior Executive Assistant/Human Resources Analyst (position eliminated) Add the following Titles and Reporting Categories:
• Assistant City Attorney (recommend disclosure category 1) • Deputy City Attorney (recommend disclosure category 1) • Assistant Engineer (recommend disclosure category 1)
• Associate Planner (recommend disclosure category 3, 5) • Code Enforcement Officer/ Unhoused
Community Engagement & Support Liaison
• Community Services Supervisor
• Deputy City Clerk/Deputy Rent
Administrator/Records Technician
• Deputy Director/City Planner
• Deputy Director of Finance
• Deputy Director of Public Works
• Director of General Services/City Clerk
• Director of Governmental Affairs/
Public Information Officer
• Human Resources Assistant (Confidential)
• Human Resources Manager
• Management Analyst (Confidential)
• Public Safety Manager
• Recreation Superintendent
(recommend disclosure category 1)
(recommend disclosure category 3, 4, 5)
(recommend disclosure category 1)
(recommend disclosure category 1)
(recommend disclosure category 1)
(recommend disclosure category 1)
(recommend disclosure category 1)
(recommend disclosure category 1)
(recommend disclosure category 3, 4, 5)
(recommend disclosure category 1)
(recommend disclosure category 3, 4, 5)
(recommend disclosure category 1)
(recommend disclosure category 3, 4, 5)
Due to various changes in job classifications, titles, and responsibilities, and the deletion/addition of positions in several departments, it is necessary to amend the code to reflect these revisions in Appendix I, the list of designated positions. Appendix II also includes disclosure requirements for designated consultants.
FISCAL IMPACT:
There is no fiscal impact.
Attachment:
1. Resolution No. 2023-60
Approved By:
ATTACHMENT 1
RESOLUTION NO.2023-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY
REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS
OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730
AND AMENDING APPENDIX I AND II, TO ACCOUNT FOR THE
ADDITION, DELETION AND MODIFICATION OF POSITIONS LISTED AS "DESIGNATED POSITIONS" TO THE CONFLICT OF INTEREST
CODE OF THE CITY OF YUCAIPA
WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"), Section 81000 of the California Government Code, all local governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and
WHEREAS, the City has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission ("FPPC") by City of Yucaipa Resolution No. 2022-44; and WHEREAS, the City Council of the City of Yucaipa, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and
WHEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix "I", amending the list of designated officials and including establishment of certain positions, and Appendix "II" setting forth amended disclosure categories, does constitute the Conflict of Interest Code of the City of Yucaipa; and
WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City's Conflict of Interest Code; and
WHEREAS, notice of the time and place of a public meeting on, and consideration by the City Council of, the proposed amended Conflict of Interest Code was provided to each designated position; and
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on December 11, 2023, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference.
Section 2. The amended list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix II.
Section 3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the City of Yucaipa.
Section 4. The City Council of the City of Yucaipa does hereby adopt the attached Conflict of Interest Code (Exhibit A) and Appendix I and II.
PASSED, APPROVED, and ADOPTED this I lth day of December, 2023.
Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
EXHIBIT A
CITY OF YUCAIPA
CONFLICT OF INTEREST CODE
Amended December 11, 2023
INCORPORATION BY REFERENCE
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted regulations, found at 2 CCR § 18730, which contains the terms of a standard conflict of interest code and which can be incorporated by reference in an agency's code.
After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 CCR § 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the section below designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code ("Code") of the City of Yucaipa (the "City").
All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk. The City Clerk shall retain the original statements filed by all officials and designated positions, transmit such statements to the FPPC as may be required, and will make all retained statements available for public inspection and reproduction during regular business hours.
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 Clerk 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.
APPENDIX "I"
DESIGNATED POSITIONS
POSITIONS
DISCLOSURE CATEGORIES
Accountant
3,4, 5
Accounting Manager
I
Assistant City Attorney
I
Assistant City Engineer
I
Assistant City Manager
I
Assistant Engineer
I
Assistant Planner
I
Associate Engineer
3,5
Associate Planner
I
Building Official
I
Code Enforcement Officer
I
Code Enforcement Officer/Unhoused Community Engagement & Support Liaison 1 Community Services Supervisor
3,4,5
Construction Engineer
3,4,5
Consultants
6 Deputy City Attorney
I
Deputy City Clerk/Deputy Rent Administrator/Records Technician 1 Deputy Director/City Planner
I
Deputy Director of Finance
I
Deputy Director of Public Works
I
Director of Community Services
I
Director of Development Services/City Engineer
1 Director of General Services/City Clerk
I
Director of Governmental Affairs/Public Information Officer 1 Housing and Economic Development Analyst
3,4,5
Human Resources Assistant (Confidential)
3,4,5
Human Resources Manager
I
Information Technology Manager
I
Management Analyst (Confidential)
3,4,5
Public Safety Manager
I
Recreation Superintendent
3,4,5
Senior Accountant
I
Senior Code Enforcement Officer
3,4,5
The Mayor, Members of the City Council and Planning Commission, the City Attorney, City Manager, Director of Finance, and all other City Officials who manage public investments as defined by 2 Cal. Code of Regs. §18701 (b) are not subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et. Seq.). [Regs. § 18730(b)(3)]
APPENDIX "II"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business positions, sources of income (including gifts, loans and travel payments), or real property, which the designated positions must disclose for each disclosure category to which he or she is assigned.
Full Disclosure — Interests in real property located within the City or within two miles of the boundaries of the City or within two miles of any land owned or used by the City, as well as investments, business positions and sources of income, including gifts, loans and travel payments.
2. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B)
3. Reportable income, loans and business positions. (Form 700, Schedule C)
4. Reportable investments. (Form 700, Schedules A-1 and A-2)
5. Reportable gifts and travel gifts. (Form 700, Schedules D and E.)
6. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this Code for that staff position. *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 must include a description of the consultant's duties and based upon the description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and must be retained for public inspection in the same manner and location as this Conflict of Interest Code.
Consultants for the purposes of the Conflict of Interest Code, include the following:
(a) For purposes of Sections 82019 and 82048, "consultant" means an individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
(C) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (D) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(E) 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;
(F) Grant agency approval to a plan, design, report, study, or similar item; (G) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof, or
(2) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Section 87302.
* The City Manager may determine in writing that a particular position, although a "designated person," is not required to fully comply with the disclosure requirements described in this section when the position is held by an officer or employee of the state or another local government agency and the person holding the position provides to the City Clerk a copy of any public financial disclosure report filed by the officer or employee with the state or other local government agency pursuant to Title 9 of the Government Code. Such public financial disclosure report shall be maintained by the City Clerk for public inspection.