IA SR 20180807 E - IA FPPC Conflict of Interest Biennial ReviewIMPROVEMENT AUTHORITY 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 Rancho Palos Verdes Improvement Authority and indicating that the
Conflict of Interest Code be amended and updating the Conflict of Interest Code.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file the 2018 Local Agency Biennial Notice for the Rancho Palos
Verdes Improvement Authority, indicating that the Conflict of Interest Code be
amended; and,
(2) Adopt Resolution No. IA 2018-___, A RESOLUTION OF THE RANCHO PALOS
VERDES IMPROVEMENT AUTHORITY, 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. IA 2016-07.
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. IA 2018-__, Adopting an Amended Conflict of Interest
Code (page B-1)
C. Exhibit “1” to Resolution – FPPC Model Code (page C-1)
D. Appendix A to Resolution (page D-1)
BACKGROUND AND DISCUSSION:
Adoption of this proposed resolution will update the Improvement Authority’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.
The Improvement Authority has adopted by reference the FPPC’s model Conflict of
Interest Code that contains certain designated positions and disclosure categories.
1
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
Improvement Authority’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 replace with Building Inspector II
(Appendix B)
• The position of Building Inspector has been modified to Building Inspector I
(Appendix B)
Since 2016, when the City Improvement Authority 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 “1”.
CONCLUSION:
Since 2016, certain changes have occurred in the Improvement Authority’s job titles and
in the FPPC’s model code that require the City’s Conflict of Interest Code be updated.
The attached Resolution and Appendices have been reviewed by the City Attorney’s
Office.
2
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.
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RESOLUTION NO. IA 2018-__
A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT
AUTHORITY ADOPTING AN AMENDED CONFLICT OF INTEREST
CODE AND REPEALING RESOLUTION NO. IA 2016-07.
THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et
seq., requires the Rancho Palos Verdes Improvement Authority (“Authority”) to adopt a
conflict of interest code for each department of the Authority.
Section 2. The Fair Political Practices Commission (“FPPC”) 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
Authority 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. IA 2016-07, the Authority adopted
a Conflict of Interest Code containing designated positions and disclosure categories.
By this Resolution, the Authority is adopting an updated Conflict of Interest Code
containing revised designated positions and disclosure categories. Additionally, this
amendment to the Authority’s Conflict of Interest Code is inclusive of the 2018 version
of the Model Code, as updated by the FPPC, rather than the 2016 version of the Model
Code.
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 Appendix A, which sets forth the designated positions and the disclosure
categories for each position of the Authority, are hereby incorporated by reference and
shall constitute the Conflict of Interest Code for the Rancho Palos Verdes Improvement
Authority.
Section 5. Persons holding designated positions listed in Appendix A 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 Authority hereby directs the Secretary of the Authority and
the Authority Counsel 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
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Resolution No. IA 2018-__
Page 2 of 2
required, the Secretary of the Authority shall 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. IA 2016-07 is hereby repealed in its entirety.
Section 8. The Secretary of the Authority shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 7th day of August 2018.
________________
Chair
Attest:
__________________________
Commission Secretary
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, Secretary to the Rancho Palos Verdes Improvement
Authority hereby certify that the above Resolution No. IA 2018-__ was duly and
regularly passed and adopted by the said City Council at a regular meeting thereof held
on August 7, 2018.
__________________________
Commission Secretary
B-2
Resolution No. IA 2018-__
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Appendix A
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RESOLUTION NO. IA 2018-__ APPENDIX A
Conflict of Interest Code
Designated Positions and Disclosure Categories for the Rancho Palos Verdes Improvement Authority (“Authority”)
Designated Positions Disclosure Categories
Authority Board Member 1
Chief Administrative Officer 1
Assistant Chief Administrative Officer 2
Director of Finance 2
Deputy Director of Finance 2
Information Technology Manager 2
Director of Community Development 2
Deputy Director Community Development 2
Building Official 2
Building Inspector I 2
Building Inspector II 2
Director of Public Works 2
Director of Recreation and Parks 2
Deputy Director of Recreation and Parks 2
Commission Secretary 2
Principal Civil Engineer 2
Senior Engineer 2
Senior Planner 2
Principal Planner 2
Planning Administrator 2
Treasurer 1
Authority General Counsel 1
Authority Engineer 2
Authority Geologist 2
Project Manager 2
Engineer Technician 2
Consultant 3 D-1
Resolution No. IA 2018-__
Appendix A
Page 2 of 2
Disclosure Categories
1. Persons holding designated positions which are assigned a disclosure category of
"1" above are not required to report under this Conflict of Interest Code because they
hold positions within the City of Rancho Palos Verdes which are required to report
pursuant to California Government Code Section 87200. Persons in this category "1"
are, however, subject to the disqualification provisions of this Code when acting in
their official capacity for the Rancho Palos Verdes Improvement Authority.
2. Persons holding designated positions which are assigned a disclosure category of
“2” above are not required to prepare a separate Statement of Economic Interest
(Form 700) for their position with the Authority because they also hold positions which
are already required to disclose and report under the Conflict of Interest Code of the
City of Rancho Palos Verdes. Persons in this category should list their position with
the Authority in Section 1 of Form 700 that they file with the City. Persons in this
category "2" are, however, subject to the disqualification provisions of this Code when
acting in their official capacity for the Authority.
3. For consultants who serve in a staff capacity with the Authority, 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 Chief Administrative Officer 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 Chief Administrative Officer'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, Schedule 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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