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HomeMy WebLinkAboutCC Res 7671 2025-07-28 RESOLUTION 7671 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT-OF-INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE CATEGORIES AND SUPERSEDING AND REPEALING RESOLUTION 7343 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 7343, the City previously adopted a Conflict-of-Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict-of-Interest Code, designated positions, and disclosure categories. Section 4. Resolution Number 7343 of the City is hereby superseded and repealed in its entirety.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 1-3, are hereby incorporated by reference and shall constitute the Conflict-of-Interest Code for the City. Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit "A" shall file Statements of Economic Interest pursuant to this section of the Conflict-of-Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit "A." 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 as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. 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. Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict-of- Interest Code. 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 28th day of July 2025 by the following vote: AYES: Council Members Kalmick, Wong, Senecal, Steele, Landau NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Q, Lisa La au, M or ATTEST: SEAL h I;;*:i:;j � STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7671 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of July 2025. oria D. Harper, City Clerk I EXHIBIT "A" [MODEL CONFLICT OF INTEREST CODE 8 CAL. CODE OF REGULATIONS § 18730] APPENDIX 1 List of Designated Employee Positions Position Disclosure Categories Accountant 2 Assistant City Attorney 1 Assistant Engineer 1 Assistant City Manager 1 Assistant Planner 2 Associate Engineer 2 Associate Planner 2 Building Official 1 City Clerk 1 *Cross Connection Control Specialist 2* Designated Consultants** 1 Deputy Director of Public Works/City Engineer 1 Deputy Director of Public Works 1 Director of Community Development 1 Director of Public Works 1 Fleet Maintenance Program Manager 2 Finance Manager 1 Maintenance Services Supervisor 2 Marine Safety/ Lifeguard Chief 1 Marine Safety/ Lifeguard Lieutenant 1 Planning Manager 1 Police Chief 1 *Public Works Superintendent 1* Recreation Manager 2 Senior Planner 2, 4 Senior Account Technician 3 *Senior Utilities Supervisor 2* Water Services Supervisor 2 *New Positions 1 Historic Preservation Committee 4 Recreation and Parks Commission 1 Police Captain 1 Police Lieutenant 1 Financial Analyst 2, 3, 4 The following positions are required to file Category 1 — Broad Responsibilities pursuant to Government Code Section 87200: City Attorney City Council Members City Manager Director of Finance / City Treasurer Planning Commissioners *Individuals who are either (1) serve in a newly created or (2) provide services as a "consultant" as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as "Designated Consultants": A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City's Conflict-of-Interest Code. When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of "Designated Consultants" described above must file disclosure statements. For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. 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. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). *Bold Titles added to List of Designated Employee Positions APPENDIX 2 Disclosure Categories Category 1 — Broad Responsibilities — Full Disclosure Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. Category 2 — Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City. Category 3 — Regulatory Power Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City. Category 4 — Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City. APPENDIX 3 I [FAIR POLITICAL PRACTICES COMMISSION FORMS 804 AND 805]