SA SR 20180807 C - SA FPPC Conflict of Interest Biennial ReviewSUCCESSOR AGENCY 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 Successor Agency to the City of Rancho Palos Verdes, indicating that the
Conflict of Interest Code be amended and updating the Conflict of Interest Code for the
Successor Agency to the City of Rancho Palos Verdes.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file the 2018 Local Agency Biennial Notice for the Successor
Agency to the City of Rancho Palos Verdes, indicating that the Conflict of Interest
Code be amended; and,
(2) Adopt Resolution No. SA 2018-___, A RESOLUTION OF THE SUCCESSOR
AGENCY TO 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. SA 2016-02.
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.
B.
C.
D.
2018 Local Agency Biennial Notice (page A-1)
Resolution No. SA 2018-__, Adopting an Amended Conflict of Interest
Code (page B-1)
Exhibit “1” to Resolution – FPPC Model Code (page C-1)
Appendix A to Resolution (page D-1)
BACKGROUND AND DISCUSSION:
Adoption of this proposed resolution will update the Successor Agency’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 Successor Agency
has adopted by reference the FPPC’s model Conflict of Interest Code that contains
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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 Successor Agency’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 Building Inspector
II (Appendix B)
• The position of Building Inspector has been modified to Building Inspector I
(Appendix B)
Since 2016, when the Successor Agency 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 Successor Agency’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.
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www.fppc.ca.gov
FPPC Advice: advice@fppc.ca.gov (866.275.3772)
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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. SA 2018-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY
ADOPTING A CONFLICT OF INTEREST CODE CONTAINING DESIGNATED
POSITIONS AND DISCLOSURE CATEGORIES; AND REPEALING
RESOLUTION NO. SA 2016-02.
THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES
REDEVELOPMENT AGENCY DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et
seq., requires the Successor Agency to the Rancho Palos Verdes Redevelopment
Agency (“Agency”) to adopt a conflict of interest code for each department of the
Agency.
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 Agency 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. SA 2016-02, the Agency adopted a
Conflict of Interest Code containing designated positions and disclosure categories. By
this Resolution, the Agency is adopting an updated Conflict of Interest Code containing
revised designated positions and disclosure categories. Additionally, this amendment to
the Agency’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 Agency, are hereby incorporated by reference and
shall constitute the Conflict of Interest Code for the Successor Agency to the Rancho
Palos Verdes Redevelopment Agency.
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 Successor Agency hereby directs the Agency Secretary
and Agency Counsel to coordinate the preparation of a revised Conflict of Interest Code
in succeeding even-numbered years in accordance with the requirements of
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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 Agency Secretary 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. SA 2016-02 is hereby repealed in its entirety.
Section 8. The Agency Secretary shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 7th day of August 2018.
________________
Chair
Attest:
__________________________
Agency Secretary
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Emily Colborn, Agency Secretary of the Successor Agency to the
Rancho Palos Verdes Redevelopment Agency hereby certify that the above Resolution
No. SA 2018-__was duly and regularly passed and adopted by the said Successor
Agency to the Rancho Palos Verdes Redevelopment Agency at a regular meeting
thereof held on August 7, 2018.
____________________________
Agency Secretary
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Appendix A
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RESOLUTION NO. SA 2018-__ - APPENDIX A
Conflict of Interest Code
Designated Positions and Disclosure Categories for the Successor Agency to the Rancho Palos Verdes Redevelopment Agency (“Successor Agency”)
Designated Positions Disclosure Categories
Agency Board Member 1
Geological Peer Review Group 2, 3, 4, 5
Executive Director 1
Assistant Executive Director 6
Director of Finance 6
Deputy Director of Finance 6
Information Technology Manager 6
Community Development Director 6
Community Development Deputy Director 6
Building Official 6
Building Inspector I 6
Building Inspector II 6
Finance Officer 6
Director of Public Works 6
Director of Recreation and Parks 6
Deputy Director of Recreation and Parks 6
Agency Secretary 6
Principal Civil Engineer 6
Senior Engineer 6
Senior Planner 6
Principal Planner 6
Treasurer 1
Agency Counsel 1
Agency Engineer 6
Project Manager 6
Engineer Technician 6
Agency Geologist(s) (consultant(s)) 6
Other Consultant(s) 7
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Appendix A
Page 2 of 3
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 Successor Agency to the Rancho Palos
Verdes Redevelopment Agency (“Successor Agency”).
2. Reportable interest in real property located within the City of Rancho Palos Verdes
or within two miles of the boundaries of the City. (FPPC Form 700, Schedule B).
3. Reportable income from any business entity, and reportable business positions in
business entities, that provides, plans to provide, or has provided within two years
prior to the time a statement is required under this conflict of interest code,
engineering, geological analysis or other services to owners of property in the City
of Rancho Palos Verdes or within two miles from the boundaries of the City of
Rancho Palos Verdes. (FPPC Form 700, Schedule C).
4. Reportable investments in any business entity that provides, plans to provide, or
has provided within two years prior to the time a statement is required under this
conflict of interest code, engineering, geological analysis or other services to
owners of property in the City of Rancho Palos Verdes or within two miles from the
boundaries of the City of Rancho Palos Verdes. (FPPC Form 700, Schedules A-
1 and A-2).
5. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E).
6. Persons holding designated positions which are assigned a disclosure category of
"6" above are not required to prepare a separate Statement of Economic Interest
(Form 700) for their position with the Successor Agency 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 Successor Agency in Section 1 of Form 700 that they file
with the City. Persons in this category "6" are, however, subject to the
disqualification provisions of this Code when acting in their official capacity for the
Successor Agency.
7. For consultants who serve in a staff capacity with the Successor Agency, the
consultant shall disclose based on the disclosure categories assigned elsewhere
in this code for that staff position.
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Appendix A
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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 Executive Director 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 Executive Director'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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