That the City Council:
APPROVE AND ADOPT RESOLUTION NO. ____ ENTITLED:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, REPEALING RESOLUTION NO. 5969 AND ADOPTING THE CONFLICT OF INTEREST CODE FOR THE CITY OF LA HABRA PURSUANT TO GOVERNMENT CODE SECTION 81000, ET SEQ., AS REQUIRED BY STATE LAW.

The California Political Reform Act requires local agencies to adopt a Conflict of Interest Code to provide for the filing of a Statement of Economic Interests by "designated employees" of the City.  A designated employee is an employee or consultant whose position involves the making or participation in the making of governmental decisions which may have a foreseeable material effect on any financial interest.

State law requires local agencies to review and amend their Conflict of Interest Codes, if needed, every even-numbered year.  At its regular meeting of June 8, 2022, the City Council received and filed the "Biennial Notice to Amend the Conflict of Interest Code" and directed staff to prepare a revised Code within 90 days for final approval by the City Council.  At that time, it was determined that amendments were necessary by the City government, but no amendments were needed by the Successor Agency to the La Habra Redevelopment Agency to the City of La Habra, the La Habra Civic Improvement Authority, the La Habra Housing Authority, or the La Habra Utility Authority.

The Fair Political Practices Commission identifies the code reviewing body for city agencies as the City Council and no conflict of interest shall be effective until it has been approved by the code reviewing body.  When a proposed conflict of interest code or amendment is approved by the code reviewing body, it shall be deemed adopted and shall be promulgated by the agency (Government Code Section 87303).

A public hearing is not required for the amendment or adoption of the Code; however, as required by law, a notice was published in the local paper to invite public written comment.  Additionally, all employees who are required to file or may be required to file disclosures were notified of the proposed amendments.  No written comments were filed with the City Clerk.

The following are proposed Code Revisions:

Code - The City Council has adopted the standard Conflict of Interest Code provisions set forth in Title 2 of the California Code of Regulations 18730, and any subsequent amendments as adopted by the Fair Political Practices Commission (FPPC) by reference, since the code and amendments can be quite lengthy and complex.  Regulation 18730 contains all required code provisions.
 
Appendix A - It has been determined that 'Appendix A - Positions' for the City of La Habra Conflict of Interest Code require amendments due to positions being added, deleted, or changes in designated employee titles.

Appendix A to the City's Conflict of Interest Code:
 

DEPARTMENT	ADD/DELETE OR CHANGE TITLE	REASON	FILING CATEGORY
Community Development	Add	Title addition of Economic Development Project Manager; new position created with Housing & Economic Development reorganization	3
Community Development	Add	Title addition of Code Enforcement Supervisor; new position created with Code Enforcement division reorganization	3
Community Development	Add	Title addition of Permit Services Supervisor; new position created with Code Enforcement division reorganization	3
Community Services	Add	Title addition of Executive Director of Child Development; replacing Child Development Manager	2
Community Services	Add	Title addition of Assistant Director of Child Development; replacing Child Development Manager	2
Public Works	Add	Title addition of Assistant Civil Engineer; increased confidentiality in position now requires Code filing	2