Agenda Item No. 04
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 September 23, 2024
SUBJECT: Biennial Review of City's Conflict of Interest Code RECOMMENDATION:
That the City Council adopt Resolution No. 2024-57, amending the City's Conflict of Interest Code.
BACKGROUND/DISCUSSION:
The Political Reform Act ("Act") requires that public agencies adopt a Conflict of Interest Code (code). A code designates positions required to file Statements of Economic Interests (Form 700) and assigns disclosure categories specifying the types of interests to be reported. It is required that cities amend their code during even numbered years to reflect the creation of new positions, deletion of positions, changes in any titles, as well as any changes made to the Act.
City staff has reviewed the code since it was last amended in December 2023, and the following changes have occurred in the City's reporting schedules:
Modify the Disclosure Category for the following:
• Associate Engineer (recommend disclosure category 1)
Modify the title of the following:
• Recreation Superintenent should be Community Services Recreation Superintendent (recommend disclosure category 1)
• Management Analyst (Confidential) should be Senior Management Analyst (Confidential) (recommend disclosure category 3,4,5)
Add the following Titles and Disclosure Categories:
• Accounting Supervisor (recommend disclosure category 1) • Fire Chief (recommend disclosure category 1)
• Police Chief (recommend disclosure category 1)
• Public Works Analyst (recommend disclosure category 3,4,5)
Add Titles and Disclosure Categories for the following authorized but unfunded positions:
• Code Enforcement Supervisor (recommend disclosure category 1) • Director of Community Development (recommend disclosure category 1) • Systems Analyst (recommend disclosure category 3,4,5) FISCAL IMPACT:
There is no fiscal impact.
Attachment:
1. Resolution No. 2024-57
Approved by: _._ _
ATTACHMENT
RESOLUTION NO.2024-57
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. 2023-60; 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 September 23, 2024, 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 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 23rd day of September, 2024.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
EXHIBIT A
CITY OF YUCAIPA
CONFLICT OF INTEREST CODE
Adopted September 23, 2024
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
1 Accounting Supervisor
Assistant City Attorney
1 Assistant City Engineer
1 Assistant City Manager
1 Assistant Engineer
1 Assistant Planner
1 Associate Engineer
Associate Planner
1 Building Official
1 Code Enforcement Officer
1 Code Enforcement Officer/Unhoused Community Engagement & Support Liaison 1 Code Enforcement Supervisor
1 Community Services Recreation Superintendent
3,4,5
Community Services Supervisor
3,4,5
Construction Engineer
3,4,5
Consultants
6 Deputy City Attorney
1 Deputy City Clerk/Deputy Rent Administrator/Records Technician 1 Deputy Director/City Planner
1 Deputy Director of Finance
1 Deputy Director of Public Works
1 Director of Community Development
Director of Community Services
1 Director of Development Services/City Engineer
1 Director of General Services/City Clerk
1 Director of Governmental Affairs/Public Information Officer 1 Fire Chief
I
Housing and Economic Development Analyst
3,4,5
Human Resources Assistant (Confidential)
3,4,5
Human Resources Manager
1 Information Technology Manager
1 Management Analyst
,j
(Confidential)
Police Chief
1 Public Safety Manager
1 Public Works Analyst
Recfeat
3,4,5
31.4� 5
omac, pefintendent
Senior Accountant
1 Senior Code Enforcement Officer
3,4,5
Senior Management Analyst (Confidential)
3,4,5
Systems Analyst
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)]