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SR - RES-10978 - AMENDING CITY'S CONFLICT OF INTEREST CODEAGENDA ITEM September 13, 2016 I 1. SUBJECT Resolution No. 10978 Amending the City's Conflict of Interest Code. 2. SUMMARY The attached Resolution satisfies the State mandated biennial update to the City's Conflict of Interest Code. The Resolution and exhibit incorporates the most recent changes in the City's organizational structure. 3. RECOMMENDATION Adopt Resolution No. 10978. 4. FISCAL IMPACT None. 15. STRATEGIC PLAN GOAL(S) This action does not correlate to any of the adopted strategic plan goals; however, Section 87306 of the California Government Code requires biennial review of the City's Conflict of Interest Code. 6. DISCUSSION and BACKGROUND The Political Reform Act requires public agencies to update their local Conflict of Interest Codes on a biennial basis. Since the last update, new position titles have been created or eliminated and some existing positions have had title changes. The attached Resolution and exhibit reflect the changes to the list of designated employees required to file a statement of economic interest pursuant to the City's Conflict of Interest Code. 7. ATTACHMENTS Resolution No. 10978 with attached amended Exhibit A Legislative version of Exhibit A Notice of Intention to Amend the City's Conflict of Interest Code RESOLUTION NO. 10978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING THE BIENNIAL REVISIONS TO EMPLOYEE POSITIONS AND TITLES IN THE CONFLICT OF INTEREST CODE FOR THE CITY OF ORANGE WHEREAS, the Political Reform Act, Government Code Sections 81000 et sec ., requires the City to adopt and promulgate a conflict of interest code; and WHEREAS, the City has complied with this requirement by adopting by reference the model conflict of interest code developed by the Fair Political Practices Commission as the Conflict of Interest Code for the City of Orange; and WHEREAS, the Political Reform Act, in Government Code Section 87306, requires the City to review and revise as necessary, its Conflict of Interest Code every even - numbered year; and WHEREAS, the City has determined that due to changes in City employee positions and titles, the City's Conflict of Interest Code requires revision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The list of designated employees required to file statements of economic interests is hereby amended to include those persons as set forth in Exhibit "A ", which is attached hereto and incorporated herein by this reference. 2. Only those persons who are designated in the City's Conflict of Interest Code for the first time are required to file an initial statement as defined in the City's Conflict of Interest Code. 3. All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Councilmembers, Planning Commissioners, the City Manager, the City Attorney, and City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the originals of the statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction upon request during regular business hours. CITY COUNCIL MINUTES SEPTEMBER 13, 2016 3. CONSENT CALENDAR (Continued) 3.27 RESOLUTION NO. 10978 (C2500.C) A Resolution of the City Council of the City of Orange adopting the Biennial Revisions to Employee Positions and Titles in the Conflict of Interest Code for the City of Orange. ACTION: Approved. MOTION - Murphy SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Murphy, Nichols For Item 3.9, Mayor pro tem Murphy abstained. Item 3.19 was pulled and heard separately. All other items were approved as recommended. END OF CONSENT CALENDAR * * * * * * ** 4. REPORTS FROM MAYOR SMITH Mayor Smith pointed out the City Treasurer Richard Rohm has attended every City Council meeting and thanked him. 5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Status Report and Proposed expansion of the Mills Act Program. (C2300.I.2) Historic Planner Marissa Moshier gave the staff report. City staff can review approximately 40 historic properties per year for compliance with Mills Act requirements. Financial penalties are available for properties that do not meet their Mills Act requirements. The City Council found consensus agreeing that they prefer there should be no cap on the number of Mills Act contracts the City processes in a year. There should be no prioritization of applications. No Historic Structure Reports will be required. No change in the fees for applications. Currently, properties are eligible for a Mills Act Contract if they are privately owned contributors to the Old Towne Orange National Register historic District, the Old Towne Orange Local Historic District, or are eligible for the National Register of Historic Places or the California Register of Historic Places. Properties within the Eichler Tracts are not yet eligible for Mills Act Contracts. PAGE 9