CC SR 20180807 I - FPPC Conflict of Interest Biennial Review01203.0001/473375.1 1
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/07/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to receive and file the 2018 Local Agency Biennial
Notice for the City of Rancho Palos Verdes, indicating that the Conflict of Interest Code
be amended and updating the Conflict of Interest Code for the City of Rancho Palos
Verdes.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file the 2018 Local Agency Biennial Notice for the City of Rancho
Palos Verdes, indicating that the Conflict of Interest Code be amended; and,
(2) Adopt Resolution No. 2018-___, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ADOPTING A CONFLICT OF
INTEREST CODE WHICH INCORPORATES BY REFERENCE THE
STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR
POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION
NO. 2016-43.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, Deputy City Clerk
Emily Colborn, City Clerk
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. 2018 Local Agency Biennial Notice (page A-1)
B. Resolution No. 2018-__, Adopting an Amended Conflict of Interest Code
(page B-1)
C. Exhibit “1” to Resolution – FPPC Model Code (page C-1)
D. Appendices A-D to Resolution (page D-1)
BACKGROUND AND DISCUSSION:
Adoption of this proposed resolution will update the City’s Conflict of Interest Code to
reflect those changes that have occurred since the last update in September 2016, and
will also incorporate non-substantive legislative changes made to the Fair Political
Practices Commission’s (FPPC) model code. A similar report and resolution will appear
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on the agenda for the Successor Agency to the Redevelopment Agency and the
Improvement Authority this evening.
The City has adopted by reference the FPPC’s model Conflict of Interest Code that
contains certain designated positions and disclosure categories. Government Code
Section 87306 requires that cities amend their code during even-numbered years to
reflect the creation of new positions, deletion of positions, changes in any titles, as well
as any changes made to the Political Reform Act. Since the City’s code was last
amended in September 2016, the following changes have occurred in the City’s
reporting schedules:
• The positions of Community Development Director and Community Development
Deputy Director/Planning Manager have been modified to read as: Director of
Community Development and Deputy Director of Community Development/Planning
Manager respectively. (Appendix B).
• The positions of Open Space & Trails Manager and City Engineer have been
removed. (Appendix B)
• The position of Senior Building Inspector has been replaced with a Building
Inspector II (Appendix B)
• The position of Building Inspector has been modified to Building Inspector I
(Appendix B)
Since 2016, when the City last updated its Conflict of Interest Code, the FPPC has
increased the gift limit under the Model Conflict of Interest Code from $440 to $470. The
revised model code is attached to the draft Resolution as Exhibit “A”. The attached
Resolution and Appendices have been reviewed by the City Attorney’s Office.
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www.fppc.ca.gov
FPPC Advice: advice@fppc.ca.gov (866.275.3772)
Page 1 of 1
2018 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to
help ensure public trust in government. The biennial review examines current programs to
ensure that the agency’s code includes disclosure by those agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.
No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency’s code accurately designates all positions that make or participate in the maki ng of governmental
decisions. The disclosure assigned to those positions accurately requires that all investments, business
positions, interests in real property, and sources of income that may foreseeably be affected materially by the
decisions made by those holding designated positions are reported. The code includes all other provisions
required by Government Code Section 87302.
__________________________________________ _________________________
Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this notice no later than October 1, 2018, or by the date specified by your agency, if
earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
A-1
RESOLUTION NO. 2018-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS, DISCLOSURE
CATEGORIES, AND REPEALING RESOLUTION NO. 2016-43.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1: The Political Reform Act, Government Code Section 81000, et
seq., requires the City of Rancho Palos Verdes (“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 No. 2016-43, the City 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 containing revised
designated positions and disclosure categories.
Section 4: The Model Code, attached hereto as Exhibit "1" and any
amendments to it duly adopted by the Fair Political Practices Commission from time to
time, and Appendices A-D are hereby incorporated by reference and shall constitute the
Conflict of Interest Code for the City for the following departments:
A. Administrative Department;
B. Community Development Department;
C. Public Works Department; and
D, Recreation and Parks Department.
Section 5: Persons holding designated positions listed in the Appendices
to this Resolution shall file Statements of Economic Interest pursuant to Section 5 of the
Conflict of Interest Code (2 CCR §18730(b)(5)) with the information required for the
disclosure category 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
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Resolution No. 2018-xx
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submit a report no later than October 1st of the same year, stating that amendments to
the Code are not required.
Section 7: Resolution No. 2016-43 of the City is hereby repealed in its
entirety.
Section 8: The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 7th day of August 2018.
______________________
Mayor
Attest:
___________________________
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2018-__, was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on August 7, 2018.
_________________________
City Clerk
B-2
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APPENDIX A
ADMINISTRATIVE DEPARTMENT
Designated Position Disclosure Categories
Mayor and Council Member 1
City Manager 1
Deputy City Manager 2, 3, 4, 5
Assistant to the City Manager 2, 3, 4, 5
Senior Administrative Analyst 2, 3, 4, 5
Director of Finance 2, 3, 4, 5
Deputy Director of Finance 2, 3, 4, 5
City Treasurer 1
City Clerk 5, 6, 7
City Attorney 1
Assistant City Attorney 2, 3, 4, 5
Human Resources Manager 2, 3, 4, 5
Information Technology Manager 5, 6, 7
Consultant 8
Resolution No. 2018-
Appendix A
Page 1 of 3
D-1
ADMINISTRATIVE DEPARTMENT
DISCLOSURE CATEGORIES
1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section
87200. No additional disclosure is required by this Conflict of Interest Code.
2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule
B).
3. Reportable income and business positions. (FPPC Form 700, Schedule C).
4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
6. Reportable income from persons and business entities, and 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, supplies, public works or services to the City under the supervision, direction
or control of the Administrative Department. (FPPC Form 700, Schedule C).
7. Reportable investments 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, supplies, public works or services to the City under the
supervision, direction or control of the Administrative Department. (FPPC Form
700, Schedules A-1 and A-2).
8. 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 following
disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to categories
A, B, C and D 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 A, B, C
and D. 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.
Resolution No. 2018-
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D-2
A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,
Schedule B.)
B. Reportable income and business positions. (FPPC Form 700, Schedules
C).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.)
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
M:\Biennial SR\2016-__ Appendix A (Admin.).docx
Resolution No. 2018-
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D-3
APPENDIX B
COMMUNITY DEVELOPMENT DEPARTMENT
Designated Position Disclosure Categories
Planning Commissioner 1
Community Development Director 2, 3, 4, 5
Community Development Deputy Director 2, 3, 4, 5
Building Official 2, 3, 4, 5
Principal Planner 2, 5, 6, 7
Senior Planner 2, 5, 6, 7
Associate Planner 2, 5, 6, 7
Assistant Planner 2, 5, 6, 7
Building Official 2, 5, 8, 9
Building Inspector I 2, 5, 8, 9
Building Inspector II 2, 5, 8, 9
Code Enforcement Officer 2, 5, 8, 9
Consultant 10
Resolution No. 2018-
Appendix B
Page 1 of 3
D-4
COMMUNITY DEVELOPMENT DEPARTMENT
DISCLOSURE CATEGORIES
1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section
87200. No additional disclosure is required by this Conflict of Interest Code.
2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule
B).
3. Reportable income and business positions. (FPPC Form 700, Schedules C).
4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
6. Reportable income from persons and business entities, and reportable business
positions in business entities, having an interest in real property in the jurisdiction
or 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, supplies, public works
or services within the jurisdiction subject to the inspection, review or approval of
the Community Development Department. (FPPC Form 700, Schedule C).
7. Reportable investments in any business entities having an interest in real property
in the jurisdiction or 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,
supplies, public works or services within the jurisdiction subject to the inspection,
approval or review of the Community Development Department. (FPPC Form 700,
Schedules A-1 and A-2).
8. Reportable income from persons and business entities, and reportable business
positions in business entities, having an interest in real property in the jurisdiction
or 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 to a third party
that are subject to the review or approval of the Building Official or Building
Inspector. (FPPC Form 700, Schedule C).
9. Reportable investments in any business entities having an interest in real property
in the jurisdiction 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
to a third party that are subject to the review or approval of the Building Official or
Building Inspector. (FPPC Form 700, Schedules A-1 and A-2).
Resolution No. 2018-
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D-5
10. 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 with the City, the following
disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to categories
A, B, C and D 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 A, B, C
and D. 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.
A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,
Schedule B).
B. Reportable income and business positions. (FPPC Form 700, Schedules
C).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
D. Reportable gifts and travel gifts (FPPC Form 700, Schedules D and E).
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Resolution No. 2018-
Appendix B
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APPENDIX C
PUBLIC WORKS DEPARTMENT
Designated Position Disclosure Categories
Director of Public Works 1, 2, 3, 4
Deputy Director of Public Works 1, 2, 3, 4
Senior Administrative Analyst 1, 4, 5, 6
City Engineer 1, 4, 5, 6
Principal Civil Engineer 1, 4, 5, 6
Senior Engineer 1, 4, 5, 6
Associate Civil Engineer 1, 4, 5, 6
Assistant Engineer 1, 4, 5, 6
Maintenance Superintendent 1, 2, 3, 4
City Geologist(s) consultant(s) 1, 4, 5, 6
Contract Manager 1, 2, 3, 4
Assistant Contract Manager 1, 2, 3, 4
Project Manager 1, 2, 3, 4
Engineer Technician 1, 4, 5, 6
Consultant 7
Resolution No. 2018-
Appendix C
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PUBLIC WORKS DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule
B).
2. Reportable income and business positions. (FPPC Form 700, Schedule C).
3. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
5. Reportable income from persons and business entities, and reportable business
positions in business entities, having an interest in real property in the jurisdiction
or 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, supplies services or
public works within the jurisdiction subject to the inspection, review or approval of
the Public Works Department. (FPPC Form 700, Schedule C).
6. Reportable investments from persons and business entities having an interest in
real property in the jurisdiction or 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, supplies, services or public works within the jurisdiction subject to
the inspection, review or approval of the Public Works Department. (FPPC Form
700, Schedules A-1 and A-2).
7. For consultants who serve in a staff capacity with the Agency, 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, the following disclosure
categories shall be used:
Persons required to disclose in this category shall disclose pursuant to categories
A, B, C and D 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 A, B, C
and D. 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.
A. Reportable interests in real property in the jurisdiction. (FPPC Form 700,
Schedule B).
Resolution No. 2018-
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B. Reportable income and business positions. (FPPC Form 700, Schedules
C).
C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).
D. Reportable gifts and travel gifts (FPPC Form 700, Schedules D and E).
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APPENDIX D RECREATION AND PARKS DEPARTMENT
Designated Position Disclosure Categories
Director of Recreation and Parks 1, 2, 3, 4
Deputy Director of Recreation and Parks 1, 2, 3, 4
Senior Administrative Analyst 1, 2, 3, 4
Recreation Services Manager 1, 2, 3, 4
Resolution No. 2018-
Appendix D
Page 1 of 2
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RECREATION AND PARKS DEPARTMENT
DISCLOSURE CATEGORIES
1. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule
B).
2. Reportable income from persons and business entities, and 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, supplies, public works or services to the City under the supervision, direction
or control of the Recreation and Parks Department. (FPPC Form 700, Schedule
C).
3. Reportable investments 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, supplies, public works or services to the City under the
supervision, direction or control of the Recreation and Parks Department. (FPPC
Form 700, Schedules A-1 and A-2).
4. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
Resolution No. 2018-
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