TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Liza Tamura, City Clerk
Martha Alvarez, Assistant City Clerk
SUBJECT:Title
Consideration of a Resolution Amending the Conflict of Interest Code for the City of Manhattan Beach; and Adopting a Resolution Ratifying the Conflict of Interest Code for the Manhattan Beach Capital Improvements Corporation (City Clerk Tamura).
ADOPT RESOLUTION NOS. 23-0136 AND 23-0137
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 23-0136 amending the Conflict of Interest Code (COIC) for the City of Manhattan Beach and Resolution No. 23-0137 ratifying the COIC for the Manhattan Beach Capital Improvements Corporation (CIC).
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
California law requires every City agency to adopt a COIC identifying the positions in the agency that have the authority to make or participate in government decisions, as well as the financial interests that must be reported on the California Form 700 by the individuals who occupy those positions. Agencies are required to amend their COIC when changed circumstances make amendments necessary.
The purpose of the Form 700 and a COIC is twofold: first, it is used as a tool to help officials in government avoid financial conflicts of interest by identifying potential pitfalls; second, the form and code are used to preserve the public’s trust in the governmental decisions that are made on their behalf.
A COIC is made up of the following three components:
1. Incorporation Section:
This section designates where the Form 700s are filed and retained, and must reference California Code of Regulations Section 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit.
2. List of Designated Positions:
The Code must list all positions that make or participate in making decisions that “may foreseeably have a material effect on any financial interest.” This covers all employees, officers, and may include volunteers on boards and commissions.
3. Disclosure Categories:
A disclosure category identifies the types of financial interests officials must disclose on their Form 700. Each disclosure category must be narrowly tailored to the financial interests affected and potential decisions that the official may be involved in.
DISCUSSION:
A COIC must reflect the agency’s current structure and identify all officials and employees who should be filing a Form 700. To ensure that they remain current and accurate, each local agency must review the COIC in even-numbered years. The attached resolution amending the City’s COIC complies with that effort. The following are the changes to Resolution No. 23-0136 and Resolution No. 23-0137.
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ADDITIONS |
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Community Development Department |
Code Enforcement Officer (I and II) |
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Planning Technician |
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Plan Check Engineer |
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Code Enforcement Supervisor |
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Environmental Programs Administrator |
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Senior Business Services Analyst |
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Finance Department |
Financial Controller |
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Financial Services Manager |
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Accounting Supervisor |
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Purchasing Supervisor |
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Revenue Services Supervisor |
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Purchasing Analyst |
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Purchasing Assistant |
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Fire Department |
Fire Division Chief |
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Fire Marshal |
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Emergency Preparedness Administrator |
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Management Analyst |
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Information Technology Department |
Information Systems Manager |
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Management Services |
Assistant City Clerk |
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Assistant to the City Manager |
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Communications & Civic Engagement Manager |
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Policy and Management Analyst |
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Digital Communications & Graphic Coordinator |
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Marketing & Communications Coordinator |
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Parks and Recreation Department |
Senior Recreation Supervisor |
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Marketing Specialist |
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Senior Management Analyst |
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Public Works Department |
Field Operations Manager |
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Field Operations Supervisor |
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Water Compliance Supervisor |
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Wastewater Supervisor |
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Maintenance Inspector |
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REMOVAL |
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Community Development Department |
Environmental Programs Manager |
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Finance Department |
Controller |
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General Services Coordinator |
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Revenue Services Manager |
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Senior Financial Analyst |
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Management Analyst |
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Fire Department |
Battalion Chief |
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Fire Marshal/Captain |
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Management Services |
Senior Deputy City Clerk |
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Parks and Recreation Department |
Recreation Programs Supervisor |
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ADDITIONAL CHANGES |
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Finance Department |
Move Finance Subcommittee to Subcommittee Section |
The City of Manhattan Beach created the Manhattan Beach Capital Improvements Corporation to facilitate debt issuance for improvements to the water and wastewater system, the Police/Fire Facility, Metlox, and the Marine Avenue Sports Fields. As it is a separate legal municipal corporation, state law requires that it have a separate conflict of interest code to identify positions that make or participate in making decisions. The Corporation met earlier tonight to consider the agency’s COIC. Staff recommends that the City Council ratify the COIC, making it effective immediately.
Resolution No. 23-0136 amends the City’s current COIC and replaces Resolution No. 20-0011. Resolution No. 23-0137 ratifies a COIC for the Manhattan Beach Capital Improvements Corporation.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 23-0136
2. Resolution No. 23-0137
3. 2020 Conflict of Interest Code