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HomeMy WebLinkAboutCC AG PKT 2014-12-08 #G AGENDA STAFF REPORT DATE: December 8, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manage FROM: Linda Devine, City Clerk SUBJECT: 2014 CITY CONFLICT OF INTEREST CODE SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6520 amending the City's Conflict of Interest Code ("Code") and acknowledge no changes to Conflict of Interest Codes for the Public Financing Authority ("Authority") and the Successor Agency to the Seal Beach Redevelopment Agency ("Agency"). 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 2012. 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 8, 2014, the City Council received the required Notice of Biennial Conflict of Interest Code Review, which stated that the Code be amended. Agenda Item G Staff has determined that the City's Code should be amended to include new positions, remove a position, and amend title of a department. 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 Conflict of Interest Codes for the Authority or the Agency. 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. RECOMMENDATION: That the City Council adopt Resolution No. 6520 amending the City's Conflict of Interest Code ("Code") and acknowledge no changes to Conflict of Interest Codes for the Public Financing Authority ("Authority") and the Successor Agency to the Seal Beach Redevelopment Agency ("Agency"). SUBMITTED BY NOTED AND APPROVED: Linda Devine, City Clerk wll . Ingram, City M n er Attachments: A. Resolution No. 6520 Page 2 RESOLUTION NUMBER 6520 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND REPEALING RESOLUTION NUMBER 6340 THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach ("City") to adopt a Conflict of Interest Code for each department of the City. Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the "Model Code"). 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 Political Practices Commission from time to time to conform to amendments to the Political Reform Act. Section 3. Pursuant to Resolution Number 6340, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting an updated Conflict of Interest Code, designated positions and disclosure categories. Section 4. Resolution Number 6340 of the City is hereby repealed in its entirety. The Model Code, attached hereto as Exhibit"A" and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices A-G are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City for the following departments and categories: A. Administrative Department; B. Community Development&Community Services Department; C. Finance Department; D. Public Works Department; E. Police Department; F. Marine Safety/Lifeguard Department; G. Consultants Revisions to the Appendices to the Conflict of Interest Code include but are not necessarily limited to the following: Appendix"A"- remove position of Recreation Manager and Appendix "B" — add Community Services to department and add positions Recreation Manager and Building Official (new position). Section 5. Persons holding designated positions listed in the Appendices shall file 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 a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required. Resolution Number 6520 Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Successor Agency to the former Seal Beach Redevelopment Agency and the Public Financing Authority have no changes to their Conflict of Interest Codes. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of December, 2014 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach„ do hereby certify that the foregoing resolution is the original copy of Resolution Number 6520 on file in the office of the City Clerk:, passed, approved, and adopted by the City Council at a regular meeting held on the 8th da'y of December „ 2014, City Clerk Resolution Number xxxx EXHIBIT "A" [MODEL CONFLICT OF INTEREST CODE] Resolution Number 852O APPENDIX A ADMINISTRATIVE DEPARTMENT City Council Member 1 City Manager 1 City Attorney I Assistant City Attorney 2, 3 4 5 Assistant City Manager 2, 3,4, 5 City Clerk Z 6, 7, 8,9, Administrative Manager 2, 6, 7, 8, 9 � _~~~.~.'^_~~ ADMINISTRATIVE DEPARTMENT DISCLOSURE CATEGORIES 1. Disclosure is required on FPPC Form 700 pursuant to Government Code Sections 87202-87203. No additional disclosure is required by this Conflict ofInterest Code. 2. Reportable interests in real propert in the jurisdiction. 3. Reportable income. 4. Reportable investments. 5. Reportable business positions. 8. Reportable income from persons and business entities providing, that plan to pnuvidm, or that have provided within two years from the time o statement is required under this Conflict of |nhonout Code, oen/ioeo or supplies to 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 m statement is required under this Conflict of Interest Cndm, services or supplies to the City under the direction of the City Clerk. D. Reportabl ding, that plan to p/v,me, or that have provided wxmm two years from the time a statement is required under this Conflict mf Interest Code, ammiueo or supplies to the City under the direction cfthe City Clerk' Q. Reportable Gifts and Travel Gifts from persons and business entities that either: 0) have am interest in real property in the judmdiGtion; mr 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, subject to the approval or review of the Administrative Department,or (4i) provide, plan to provide or have provided within two years prior to the time a statement is required tinder this Conflict of Interest Code, services or supplies to the City under the direction of the Administrative Resolution Number xxxx APPENDIX B COMMUNITY DEVELOPMENT/COMMUNITY SERVICES DEPARTMENT (Planning t Building l Recireaflon) Designated Position Disclosure Cale Dries Planning Commissioner 1 Director of Community Development/Community Services 2, 3,4, 5, 6 Senior Planner 2, 3,4„ 5, 6 Assistant Planner 2 3 4 5 6 Building Official 2. 3,4, 5,6 Recreation Manager 2 3 4 5 6 DEVELOPMENT SERVICES DEPARTMENT DISCLOSURE CATEGORIES t No disclosure is required by this Conflict of Interest Code. Disclosure is already required by Government Code Sections 87202-87203. 2. Reportable income 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 required under this Conflict of Interest Code, services subject to the review or approval of the Community Development 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 City under the direction of the Community Development Department. 3. Reportable investments 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 is required under this Conflict of Interest Code, services subject to the review or approval of the Community Development 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 City under the direction of the Community Development Department. 4. 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 is required under this Conflict of Interest Code, services subject to the approval or review of the Community Development 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 City under the direction of the Community Development Department. 5. Reportable interests in real property in the jurisdiction. 6. Reportable Gifts and Travel Gifts from persons and business entities that either: (I) have an interest in real property in the jurisdiction,.or (fl) provide„ plan to provide, or have provided within two years prior to the time a statement is required cinder this Conflict of Interest.Code„ services subject to the approval or review of the Community Development 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 City under the direction of the Community Development Department. Resolution Number 6520 APPENDIX C FINANCE DEPARTMENT Designated Position Disclosure Cate Dries Director of Finance/City Treasurer 1 Finance Manager 2, 3,4, 5 FINANCE DEPARTMENT DISCLOSURE CATEGORIES 1, Disclosure is required on FPPC Form 700 pursuant to Government Code Sections 87202-87203, No additional disclosure is required by this Conflict of Interest Code. 2. Reportable Income from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials,or services. 3. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, materials, or services. 4, Reportable business position in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this Conflict of Interest Code, supplies, material's,or services, 5, 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 required under this Conflict of Interest Code, services subject to the approval or review of the Finance Department;or (W) 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 Finance Department, Resolution Number xxxx APPENDIX D PUBLIC WORKS DEPARTMENT (Public Works/Engineering) Designated Position Disclosure Cate oc_I Lies Director of Public Works 1, 2, 3, 4, 5 Deputy Director of PW/City Engineer 1, 2, 3, 4, 5 Deputy Director of PW/Maintenance& Utilities 1„ 2, 3, 4, 5 PUBLIC WORKS DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable income 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 required under this Conflict of Interest Code, services subject to the review or approval of the Public Works 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 City under the direction of the Public Works Department. 2. Reportable investments 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 is required under this Conflict of Interest Code, services subject to the review or approval of the Public Works 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 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 is required under this Conflict of Interest code, services subject to the approval or review of the Public Works 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 and supplies to the City under the direction of the Public Works Department. 4. Reportable interests in real property in the jurisdiction. 5. 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 required under this Conflict of Interest Code, services subject to the approval or review of the Public Works 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 City under the direction of the Public Works Department. Resolution Number xxxx APPENDIX E POLICE DEPARTMENT Designated Position Disclosure Cate ories. Police Chief 1, 2, 3,4 Police Commander 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 to the time a statement is required under this Conflict of Interest Code, services or supplies to the City under the direction of the Police Department. 2., Reportable investments in business entities that provide, plan to provide, or have provident 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 police Department. 3. Reportable business positions in business entities that 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 Police Department. 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 required under this Conflict of Interest Code, services subject 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 City under the direction of the Police Department. Resolution Number xxxx APPENDIX F MARINE SAFETY/LIFEGUARD DEPARTMENT Designated Position Diisplosure Cate og Lies Marine Safety/Lifeguard Chief 1, 2,, 3p 4 Marine Safety/Lifeguard Lieutenant 1,, 2, 3,4 MARINE SAFETY/LIFEGUARD DEPARTMENT DISCLOSURE CATEGORIES 1. Reportable income from persons or 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 Code, services or supplies to the City under the direction of the Marine Safety/Lifeguard Department. 2. 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 Interest Code, services or supplies to the City under the direction of the Marine Safety Lifeguard Department. 3, Reportable business positions 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 Interest Code, services or supplies to the City under the direction of the Marine Safety/Lifeguard Department. 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 required under this Conflict of Interest Code, services subject to the approval or review of the Marine Safety/Lifeguard 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 City under the direction of the Marine Safety/Lifeguard Department. Resolution Number xxxx APPENDIX G CONSULTANTS 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. 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) a governmental decision,,on whether to: 1. Approve a rate, rule, or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; or 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof. Such consultants shall disclose pursuant to categories 1, 2, 3, 4 and 5 below 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 in categories 1, 2, 3,4 and 5. 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. CONSULTANTS DISCLOSURE CATEGORIES 1. Reportable income. 2. Reportable investments. 3. Reportable business positions, 4. Reportable interests in real property in the jurisdiction. 5. Reportable qfts and travel gifts.