HomeMy WebLinkAboutCC PFA SA AG PKT 2012-12-10 #O JOINT AGENDA STAFF REPORT
DATE: December 10, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager/Executive Director
FROM: Linda Devine, City Clerk/Secretary
SUBJECT: CITY CONFLICT OF INTEREST CODE
SUMMARY OF REQUEST:
That the City Council:
(1) Adopt Resolution No. 6340 to amend the City's Conflict of Interest Code;
(2) Receive and file the Public Financing Authority's notification that no
changes are needed to the Authority's Conflict of Interest Code; and
(3) Adopt Resolution No. 6341 to approve the Successor Agency's Conflict of
Interest Code.
BACKGROUND AND ANALYSIS:
The Political Reform Act requires all local governments to adopt a local Conflict
of Interest Code that designates positions required to file Statements of
Economic Interests (Form 700), and assigns disclosure categories specifying the
types of interests to be reported. The Form 700 is a public document intended to
alert public officials and members of the public to the types of financial interests
that may create conflicts of interest.
The Code must specifically list positions that make or participate in making
decisions. Typically, positions that involve voting on matters, negotiating
contracts, or making recommendations on purchases without substantive review
must be included. A primary purpose of the Code is to require disclosure of
those types of investments, interests in real property, sources of income and
business positions that designated positions may affect in their decision-making.
The Political Reform Act (PRA) also requires local governments to review and, if
necessary, to update their conflict-of-interest code in each even-numbered year.
The City last updated its conflict of interest code in 2010.
Agenda Item 0
As part of the biennial review of the Code, the PRA requires that the City Council
be given notice before October 1 whether any amendments are needed to
update the Code.
On September 24, 2012, the City Council received the required Notice, which
stated that the Code must be amended in response to recent developments;
most notably the dissolution of the Seal Beach Redevelopment Agency and the
creation of its Successor Agency and Oversight Board. The City Council is the
Code reviewing body for the City, the Public Financing Authority ("Authority"),
and the Successor Agency to the Seal Beach Redevelopment Agency
("Agency").
Staff has determined that the City's Conflict of Interest Code should be amended
to include new positions, revise disclosure categories, and delete titles and
positions that have been abolished or renamed. The proposed amendments are
shown in the appendices to the draft resolution included as Attachment A to this
report.
Staff has determined that no changes are needed to the Authority's Conflict of
Interest Code, and has recommended that the Authority adopt a resolution
notifying the City Council of this fact. A copy of the resolution prepared for the
Authority's earlier consideration is included as Attachment B to this Report.
Staff has also recommended that the Agency Board adopt a Conflict of interest
Code via the resolution included as Attachment C to this Report. Should the
Agency Board adopt that resolution, staff recommends that the City Council
approve of that action by adoption of the resolution included as Attachment D to
this report.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
No financial impact related to this item.
Page 2
RECOMMENDATION:
It is recommended that the City Council:
(1) Adopt Resolution No. 6340 to amend the City's Conflict of Interest Code;
(2) Receive and file the Public Financing Authority's notification that no
changes are needed to the Authority's Conflict of Interest Code; and
(3) Adopt Resolution No. 6341 to approve the Successor Agency's Conflict of
Interest Code.
SUBMITTED BY: NOTED AND APPROVED:
Linda Devine, Jill Ingram,
Clerk/Secretary Jill
y Manager/Ei�. Director
Attachments:
A. City Council Resolution No. 6340
B. City Council Resolution No. 6341
Page 3
RESOLUTION NUMBER
A RESOLUTION Of THE SEAL BEACH CITY COUNCIL
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
CONTAINING REVISED DESIGNATED POS\TIONS,
DISCLOSURE CATEGORIES AND REPEALING RESOLUTION
NUMBER 6088
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND
ORDER AS FOLLOWS:
Section 1. The Political Reform Ao1, Government Code Section 81000. etaeq.
requires the Qh/ of Seal Beach ("City") to adopt n Conflict of Interest Coda for
each department of the City.
Section 2. The Fair Political Practices Commission has adopted a Model Conflict
of |ntoneni Code (the ''K4oda| Coda~). The Model Code, codified at 2 California
Code of Regulations Section 18730, can be incorporated by reference by the City
as its Conflict of Interest Code. That Model Code will be amended by the Fair
Pn|i8om| Practices Commission from time hm time huconform to amendments to
the Political Reform Act.
Section 3. Pursuant to Resolution Number 6088, the Qh/ previously adopted o
Conflict of Interest Code containing designated positions and disclosure
categories. By this resolution the City io adopting an updated Conflict ofInterest
Code,designated positions and disclosure categories.
Section 4. Resolution Number GD8Oof the City ie hereby repealed in its entirety.
The Model Code, attached hereto os Exhibit"A^ and any amendments hoitduly
adopted by the Fair Political Pnaodcom Commission, and Appendices A-G are
hereby incorporated by reference and mhe|| constitute the Conflict of Interest
Code for the City for the following departments and categories:
A. Administrative Department;
B. Community Development Department;
C. Finance Department;
D. Public Works Department;
E. Police Department;
F Marine Safety/Lifeguard Department;
G. Consultants
Revisions ho the Appendices hothe Conflict nf Interest Code include but are not
necessarily limited to the following: Appendix ^E^ — da|ebed Support Services
Manager (position no longer exists - duties and mspunn|b|||Ume assigned to
Police Lieutenant); Appendix "A" — remove Assistant to the City Manager and
add Assistant City Manager, Administrative Manager, and Recreation Manager
(new positions), Appendix ^B^ — ^C^ — ^F^ — change in department name;
Appendix''D^—change in title ofpositions
Section 5. Persons holding designated positions listed in the Appendices shall
0o Statements of Economic Interest pursuant to Section 5 of the Conflict of
Interest Code with the information required for the disclosure categories assigned
to them.
Section 6. The City Council hereby directs the City Clerk and City Attorney to
coordinate the preparation of o revised Conflict of |nhsneot Code in succeeding
even-numbered years in accordance with the requirements of Government Code
Sections 873OSand 87306.5. The revised Code should reflect any changes in
department or employee designations. |fnu revisions to the Code are required,
the City Clerk shall submit a report no later than October 1m1 of the same year.
stating that amendments ho the Code are not required.
Resolution Number G340
Section 7. The City Clerk shall certify to the p000uga and adoption of this
Resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at o
regular meeting held on the 10th day of December , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE L]FCALIFORNIA �
COUNTY OFORANGE > SS
CITY OF SEAL BEACH >
|. Linda Devine, City Clerk of the City of Seal B*ach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6340 on file in
the office of the City Clerk, passed, approved,and adopted by the City Council at
a regular meeting held on the__10thdayof_1 December 2D12.
City Clerk
Resolution Number 6340
EXHIBIT "A"
[MODEL CONFLICT OF INTEREST CODE]
Resolution Number 834O
APPENDIX
ADMINISTRATIVE DEPARTMENT
Designated Position Disclosure Categories
City Council Member 1
City Manager 1
AssistaRt to the City Manager 2, 3, 4,-S
City Attorney 1
Assistant City Attorney 2.3,4. 5
Assistant City Manager 2, 3,4, 5
City Clerk 2. 0. T.8.Q
Administrative Manager 2, 6, 7, 8, 9
Recreation Manager 2. 6 7, 8, 9
ADMINISTRATIVE DEPARTMENT
DISCLOSURE CATEGORIES
1 Oimo|ouune is required on FPPC Form 700 pursuant to Government Code
Sections 87202-87203. No additional disclosure is required by this
Conflict ofInterest Coda.
2. Reportable interests in real property in the jurisdiction.
3. Reportable income.
4. Reportable investments.
5. Reportable business positions.
0. Reportable income from persons and business entities providing, that plan
to provide, or that have provided within two years from the time a
statement is required under this Conflict of Interest Coda, services or
supplies bo the City under the direction uf the City Clerk.
7. Reportable investments in business entities providing, that plan to provide,
or that have provided within two years from the time a statement is
required under this Conflict of |ntonaet Cnde, services or supplies to the
City under the direction of the City Clerk.
8. Reportable business positions in business anddao providing, that plan to
provide, or that have provided within two years from the time n statement
is required under this Conflict of Interest Code, services or supplies iothe
City under the direction of the City Clerk.
9. Reportable Gifts and Travel Gifts from persons and business entities that
either:
Q) have an interest in real progerty in the Jurisdiction: or
(ii) provide, plan to provide, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services subiect to the noroval or review of the Administrative
Department; o
(iii) provide, plan to provide or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services or supplies to the City under the direction of the
Administrative Department.
Resolution Number O34D
APPENDIX B
COMMUNITY DEVELOPMENT SfiRVEICES DEPARTMENT
(Planning/Building)
Designated Position Disclosure Categories
Planning Commissioner 1
Director of Community Development Sey*irem 2. 3. 4. 5. 6
Senior Planner 2. 3.4. 5. G
DEVELOPMENT SERVICES DEPARTMENT
DISCLOSURE CATEGORIES
1 No disclosure in required by this Conflict of Interest Coda. Diao(oouna is
already required by Government Code Sections 87202-87203.
2. Reportable income from persons and business entities that either:
(i) have on interest im real property in the jurisdiction;or
(ii) pnuvide, plan to provide, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
nemioon subject to the review or approval of the Community
Development S*rvisee Department;or
(iii) provide, plan to pnovide, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
san/ioeo or supplies to the City under the direction of the
Community Development Sen+eesDepartmnnt
3. Reportable investments in any business entities that either:
(i) have an interest in real property in the jurisdiction; or
(|i) pvovide, plan to pnzvida, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
nen/inom subject to the review or approval of the Co�DlO1Qli!y
Deve|opmmn1Se**kees Department;or
(iii) provide, plan 0o provide or have provided within two years prior to
the time a statement|m required under this Conflict of Interest Code,
services or supplies to the City under the direction of the
Community,Development SeM*esDepartment.
4. RmpVdob|o business positions in any business entities that either:
(i) have mn interest|n real property in the jurisdiction; or
(ii) provide, plan to provide, cv have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services subject to the approval or review of the Com�DuIit�
Deva|upmentSen*ie*s Department;or
(|i|) provide, plan 8o provide or have provided within two years prior to
the time a statement ia required under this Conflict of Interest Code,
man/ioea or supplies to the Qty under the direction of the
ComDlulitlLOeve|opmemt S**vkees0npartment.
S. Reportable interests in real property in the jurisdiction,
6. Reportable Gifts and Travel Gifts from persons and business entities that
(i) have an interest in real property in the 'urisdictionN or
(ii) provide, plan to provide, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services subiect to the approval or review of the Communi
Development Services Department;o
(iii) provide, plan to provide or have provided within two years prior to
the time a statement is reguired under this Conflict of Interest Code,
services or supplies to the City under the direction of the
Community Development SepAees Department.
Resolution Number 6340
APPENDIX C
FINANCE ADMINISTRATIVE SERVICES DEPARTMENT
Designated Posifion Disclosure Categories
��rachz of Finance / 1
Ci!yTreaaumr
Finance Manager SeRieF Accountant 2, 3,4. 5
FINANCE ADMINISTRATIVE SERVICES DEPARTMENT
DISCLOSURE CATEGORIES
1 Disclosure is required on FPPC Form 700 pursuant to Government Code
Sections 872O2-872O3. No additional disclosure in required by this Conflict
of Interest Code.
2. Reportable income from persons and business entities from which the City
purchnmes, plans topurchase, or has purchased within two years prior to
the time a statement is required under this Conflict of Interest Code.
supplies, materials, orservices.
3. Reportable investments in business entities from which the City
purchases, plans to punchame, or has purchased within two years prior to
the time a statement is required under this Conflict of Interest Code.
supplies, materials,orservices.
4. Reportable business positions in business entities from which the City
purcheoen, plans to purchase, or has purchased within two years prior to
the time o statement is required under this Conflict of Interest Code,
supplies, materials,orservices.
5. Reportable Gifts and Travel Gifts from i)ersons and business entities that
either:
(i) have an interest in real Property in the jurisdiction;or
(ii) provide, plan to provide, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services sublect to the approval or review of the Finance
AdFAiRistFatKte-Services Department: or
(iii) provide, plan to provide or have provided within two years prior to
the time a statement is reauired under this Conflict of Interest Code,
services or supplies to the City under the direction of the Finance
Administratk,,—, Services Department.
Resolution Number 684U
APPENDIX
PUBLIC WORKS DEPARTMENT
(Public Works/Engineering)
Desinnated Position Disclosure Categories
Director of Public Works 1. 2. 3`4` 5
City Engineer 1,2, 3,-4
Maintenance ServiGes ManageF 1,2, 3, 4
Deputy Director of PW/Ci!y Engineer 1, 2, 3,4, 5
Depuly Director of PWIMaintenance& Utilities 1. 2. 3.4. 5
PUBLIC WORKS DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons and business entities that either:
(i) have on interest in real property in the jurisdiction; or
(ii) provida, plan to provide, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services subject to the review or approval of the Public Works
Department;or
(iii) provido, plan to provide or have provided within two years prior to
the time a statement in required under this Conflict of Interest Code,
services or supplies to the Oih/ under the direction of the Public
VVnrko Department.
2. Reportable investments in any business entities that either:
(i) have mn interest in real property in the jurisdiction;nr
(ii) provido, plan to provide, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services subject to the review or approval of the Public VVodm
Department; or
(iii) pnovide, plan to provide or have provided within two years prior to
the time a statement isrequired under this Conflict of Interest Code,
services or supplies to the City under the direction of the Public
Works Department.
3. Reportable business positions in any business entities that either:
(i) have an interest in real property in the jurisdiction;or
(ii) provide, plan to provide` or have provided within two years prior to
the time a statement isrequired under this Conflict of Interest code,
services subject to the approval or review of the Public VVnrka
Department; or
(iii) provide, plan to providm, or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services and supplies to the City under the direction of the Public
Works Department.
4. Reportable interests in real propeqy in the jurisdiction.
5. Reportable Gifts and Travel Gifts from persons and business entities tha
either:
0) have an interest in real property in the jurisdiction,or
(ii) provide, plan to provide, or have provided within two years prior to
the time a statement is reguired under this Conflict of Interest Code,
services subiect to the approval or review of the Public Works
Department: o
(iii) provide, plan to provide or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services or supplies to the City under the direction of the Public
Works Department.
Resolution Number 634O
APPENDIX E
POLICE DEPARTMENT
Designated Position Disclosure Categories
Police Chief 1. 2. 3. 4
Police Captain 1. 2. 3. 4
Police Lieutenant 1. 2. 3. 4
POLICE DEPARTMENT
DISCLOSURE CATEGORIES
1 Reportable income from persons and business entities that provide, plan
to provide, or have provided within two years prior hu the time astatement
is required under this Conflict of Interest Code, services or supplies tuthe
City under the direction of the Police Department.
2. Reportable investments in business entities that provide, plan to prov|de,
or have provided within two years prior to the time a statement is required
under this Conflict uf Interest Code, services or supplies N the Qty under
the direction of the police Department.
1 Reportable business positions in business entities that pnovide, plan to
providm, or have provided within two years prior to the time e statement is
required under this Conflict of Interest Cude, services or supplies to the
City under the direction uf the Police DopadmonL
4. Reportable Gifts and Travel Gifts from persons and business entities that
either:
(i) have an interest in real property in the iurisdiction: or
(ii) provide, plan to provide, or have provided within two years prior to
the time a statement is reguired under this Conflict of Interest Code,
services subiect to the approval or review of the Police Department,
or
(iii) provide, plan to provide or have provided within two years prior to
the time a statement is required under this Conflict of Interest Code,
services or supplies to the Cily under the direction of the Police
Department.
Resolution Number 6340
APPENDIX IF
MARINE SAFETY/LIFEGUARD DEPARTMENT
Designated Position Disclosure Categories
Marine Safe uandGeptaiR Chief 1.2. 3.4
Marine Safe Lifeguard Lieutenant 1. 2. 3,4
MARINE SAFETY/LIFEGUARD DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable income from persons or business entities providing, that plan
to pnovido, or that have provided within two years from the time o
statement is required under this Conflict of |nhonasi Code, services or
supplies to the City under the direction of the Lifeguard
Department.
2. Reportable investments in business entities providing, that plan to provide,
or that have provided within two years from the time o statement is
required under this Conflict of Interest Codo, eenicao or supplies to the
City under the direction ofthe ihaguendDmpartmemL
1 Reportable business positions in business entities pnoviding, that plan to
provide, or that have provided within two years from the time a statement
is required under this Conflict of Interest Code, services ursupplies to the
City under the direction ufthe ifeguandDeportmont.
4. Reportable Gifts and Travel Gifts from persons and business entities that
either:
(I) have an interest in real property in the jurisdiction,or
(ii) provide, plan to provide, or have provided within two years prior to
the time a statement is reguired under this Conflict of Interest Code,
services subiect to the approval or review of the Marine
Safety/Lifeguard Department o
(iii) provide, plan to provide or have provided within two years plior to
the time a statement is reguired under this Conflict of Interest Code,
services or supplies to the City under the direction of the Marine
Safety/Lifeguard Department.
Resolution Number 834O
APPENDIX G
CONSULTANTS
For consultants who serve in o staff capacity with the City, the consultant shall
disclose based on the disclosure categories assigned elsewhere in this code for
that staff position.
For consultants who do not serve in a staff capacity for the City, the consultants
shall be subject to the disclosure requirements listed below if they make(and not
just recommend)o governmental decision, on whether to:
1. Approve a rate,rule, orregulation;
2. Adopt or enforce olaw;
3. |amue, deny, ouapend, or revoke any permit, |icense, application,
certificate,approval, order, or similar authorization orentitlement;
4. Authorize the City to enter into, modify, or renew m contract provided it is
the type uf contract that requires City approval;
5. Grant City approval to contract that requires City approval and to which
the City ioa party,urtothe specifications for such acontract;
0. Grant City approval 0oa plan,design, report, study,or similar item; nr
7. Adopt. or grant City approval of, po|ioies, standards, or guidelines for the
City,or for any subdivision thereof.
Such consultants shall disclose pursuant hmcategories 1. 2, 3, 4and 5 below
unless the City Manager determines in writing that a particular consultant is hired
to perform e range of duties that is limited in scope and thus is not required 8o
fully comply with the disclosure requirements in categories 1. 2, 3.4 and 5. Such
written determination shall include description uf the consultant's duties and,
based upon that description, o statement of the extent of disclosure
requirements. The City Manager's determination in a public record and shall be
retained for public inspection in the same manner and location as this Conflict of
Interest Code.
CONSULTANTS
DISCLOSURE CATEGORIES
1. Reportable income.
2. Reportable investments.
1 Kopnrtmb|o business positions.
4. Reportable interests in real property in the jurisdiction.
5. Reportable gift and travel gifts.
Agency Report of: California
Consultants A Public Document Form 805
1. Agency Name (Also include,Division,Department,or Region(if applicable)) Amendment
Agency Contact(Name,Title) Date of Original Filing: (month,day,year)
Area Code/Phone Number E-mail
2. Firm Information
Firm Name
Firm Address E-mail(optional) E-mail (optional)
Describe General Purpose of Contract
3. Consultant Information
Consultant Name Assigned Category OR Disel'osur6:'Requirement AssuMing/St4rt Date
(f ast,First) t eavingffind Date
(if known)
Start I
T77-7—yr
End
T-757 7—yr
Start
7
End
d /m I yr
Start
d Tm- I yr
End
T—/—M—T—Yr
4. Verification
I have read and understand FPPC Regulations 18701 and 18734. 1 have verified that the disclosure assignment(s)set forth above, is in
accordance with its provisions.
Signature Print Name Title (month,day,year)
Comment: (Use this space or an attachment for any additional information.)
FPPC Form 805(9/11)
FPPC Toll-Free Helpline:866/ASK-FPPC(866/276-3772)
RESOLUTION NUMBER
/k RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A CONFLICT OF INTEREST CODE FOR THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND
ORDER ASFOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000. etseq.
requires every local agency ho adopt a Conflict nf Interest Code.
SectionL 2. The Successor Agency to the Seal Beach Redevelopment Agency
("Agency") has adopted a Conflict of interest Code as set forth in Resolution No.
SA12-15 of the Agency Bnand,which is hereby incorporated by this reference as
though set forth infull.
Section }. Ae the Code reviewing body for the Agency,the City Council hereby
approves of the Agency's Conflict of Interest Code.
Section 7. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED. APPROVED and ADOPTED by the Seal Beach Qh/ Council eta
regular meeting held nnthe 1{tl day rf 1 December , 2012by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OFCALIFORNIA )
COUNTY OF ORANGE } SS
CITY QF SEAL BEACH }
|. Linda Devine, City Clerk of the City of Seal Bnaoh, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6341 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the_ 1k}dI_daycf_1 December_.2O12.
City Clerk