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HomeMy WebLinkAbout2012-05-22; City Council; 20902; Amending Local Conflict of Interest Code Apply Former Carlsbad Redevelopment Agency Designations to Successor Agency, Add Oversight Board, Adopt Revised Appendix Designating Positions for Both EntitiesCITY OF CARLSBAD ~ AGENDA BILL AB# MTG. 20,902 5/22/12 DEPT. CITY ATTY AMENDMENT TO LOCAL CONFLICT OF INTEREST CODE TO APPLY FORMER CARLSBAD REDEVELOPMENT AGENCY DESIGNATIONS TO THE SUCCESSOR AGENCY, ADD THE OVERSIGHT BOARD, AND ADOPT A REVISED APPENDIX DESIGNATING POSITIONS FOR BOTH ENTITIES DEPT.DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2012-114 amending the Local Conflict of Interest Code to apply former Carisbad Redevelopment Agency designations to the City of Carisbad Successor Agency , and to add the Oversight Board as a designated entity, and adopt a revised appendix designating positions for both entities. ITEM EXPLANATION: As a result of ABX1 26 adopted in June, 2011, the Carlsbad Redevelopment Agency was dissolved as of February 1, 2012. In an action taken by the City Council in its meeting of January 10, 2012, the City of Carisbad was designated as the Successor Agency to the Carisbad Redevelopment Agency charged with carrying out the enforceable obligations of the former Redevelopment Agency. The Successor Agency has a seven-member Oversight Board established by ABX1 26 to oversee the Successor Agency in its efforts to wind down the former Redevelopment Agency's operations. The Oversight Board is also required to direct the Successor Agency to carry out specific tasks, including the disposal of the former Redevelopment Agency's assets and properties, transfer of affordable housing responsibilities to the entity that assumes those responsibilities, and the termination or re- negotiation of outstanding agreements, that would in the best interest of the taxing entities. The Oversight Board has a fiduciary responsibility to holders of enforceable obligations and the taxing entities that benefit from the distribution of property tax and other revenues. The Fair Political Practices Act and its Conflict of Interest Code provisions require public officials to disclose information about their flnancial interests that can be materially affected DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball(5)carisbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • WITHDRAWN • RETURNED TO STAFF • AMENDED • COUNCIL RECEIVED THE • REPORT/PRESENTATION OTHER-SEE MINUTES • Page 2 by their official action and to disqualify them from acting when they have conflicts of interest (Government Code § 81002(c)). Each "agency" is required to adopt its own conflict of interest code. Government Code § 87301 ultimately leaves the determination of what constitutes an "agency," and thus the decision of which entity is obligated to adopt the code, to the code reviewing body. Since the City of Carisbad is serving as the Successor Agency for the Carisbad Redevelopment Agency, the City Council is the code reviewing body of the Successor Agency and its Oversight Board (Government Code § 82011(c)). The City Attorney is recommending that the former Redevelopment Agency's Conflict of Interest Code be amended to apply, as appropriate, to the activities ofthe Successor Agency. For purposes of the Act, the Oversight Board is also deemed to be a local entity. (Health & Safety Code §§ 34179 (e)) and it is recommended that the Oversight Board be added to the existing conflict of Interest Code for the City and related agencies. (Government Code §87301 provides that Conflict of Interest codes shall be formulated at the most decentralized level possible and questions related to the formation of a code are resolved by the code reviewing body.) The Oversight Board is a new agency whose positions should be added to the existing Local Conflict of Interest Code for that entity as follows: • Member appointed by the County Board of Supervisors. Member appointed by the Mayor of the City of Carisbad. • Member appointed by Tri-City Hospital (largest special district) • Member appointed by the County Superintendent of Education or Board. • Member appointed by Chancellor of California Community Colleges to represent the Community College District • Member of the public appointed by the County Board of Supervisors. • Member representing the employees of the former Redevelopment Agency appointed by the Mayor of Carisbad. Disclosure for each position is tailored to the scope of the official's job duties, (Government Code §§ 87300-87313). According to guidance provided by the Fair Political Practices Commission in its letter of April 25, 2012, to the California League of Cities, if the agency for which an official flies a Statement of Economic Interests under Government Code § 87200 shares the same, or is wholly located within the same geographical jurisdiction as the Oversight Board, the official does not have to flie a Statement of Economic Interests with the Oversight Board. However, if this is not the case, the official must flie his or her Statement of Economic Interests with both agencies. The jurisdiction of the Successor Agency and the Oversight Board is the same. Existing designated employees should flie a Statement of Economic Interests pursuant to the provisions of regulation 18735 and employees in newly created positions should flie pursuant to regulation 18734. It is recommended that the fliing officer for the Successor Agency Page 3 designated employees and Oversight Board members be the City of Carisbad as the code reviewing body (§ 87500(p)). FISCAL IMPACT: There is minor increase in administrative costs to distribute, complete and flie the disclosure forms. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2012-114 2. Existing Local Conflict of Interest and Appendix (redlined) 3. Amended Local Conflict of Interest and Appendix 1 RESOLUTION NO. 2012-114 4 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDMING THE LOCAL ^ CONFLICT OF INTEREST CODE TO APPLY FORMER REDEVELOPMENT AGENCY DESIGNATIONS TO THE SUCCESSOR AGENCY, ADD THE OVERSIGHT BOARD, 5 AND ADOPT A REVISED APPENDIX DESIGNATING POSITIONS FOR BOTH ENTITIES 6 7 8 WHEREAS, as a result of ABX1 26 adopted in June, 2011, the Carlsbad ^ Redevelopment Agency was dissolved as of February 1, 2012; and WHEREAS, the City Council in its meeting of January 10, 2012, designated the City of Carisbad as the Successor Agency to the Carisbad Redevelopment Agency charged with carrying out the enforceable obligations of the former Redevelopment Agency; and WHEREAS, the Successor Agency has a seven-member Oversight Board 16 established by ABX1 26 to oversee the Successor Agency in its efforts to wind down the 17 former Redevelopment Agency's operations; and 18 WHEREAS, the Oversight Board is also required to direct the Successor Agency to carry out specific tasks, including the disposal of the former Redevelopment Agency's assets and properties, transfer of affordable housing responsibilities to the entity that assumes those responsibilities, and the termination or re-negotiation of outstanding agreements, that would in the best interest of the taxing entities; and WHEREAS, the oversight Board has a fiduciary responsibility to holders of enforceable obligations and the taxing entities that benefit from the distribution of 26 property tax and other revenues; and 27 10 11 12 13 14 15 20 21 22 23 24 25 28 4 5 6 7 8 9 10 1 WHEREAS, the Political Reform Act of 1974 ("Act") and its Conflict of 2 Interest Code provisions require public officials to disclose information about their ^ flnancial interests that can be materially affected by their official action and to disqualify them from acting when they have conflicts of interest (Government Code § 81002(c)); and WHEREAS, the Act requires each "agency" to adopt its own conflict of interest code; and WHEREAS, the Act leaves the determination of what constitutes an "agency" and the decision of which entity is obligated to adopt the code to the code 11 reviewing body (Government Code § 87301); and 12 WHEREAS, the Act provides that conflict of interest codes shall be 13 formulated at the most decentralized level possible and questions related to the formation of a code shall be resolved by the code reviewing body (Government Code § 87301); and WHEREAS, the Oversight Board is deemed to be a local entity for purposes of the Act (Health & Safety Code § 34179(e)); and WHEREAS, since the City of Carisbad is serving as Successor Agency for the Redevelopment Agency, the City Council is the code reviewing body of the 21 Successor Agency and its Oversight Board (Government Code § 82011(c)); and 22 WHEREAS, the former Redevelopment Agency's Conflict of Interest Code 23 may be amended to apply, as appropriate, to the activities of the Successor Agency; 24 and 2^ WHEREAS, provisions of the Act require an amendment to said code due 26 to changed circumstances, changed duties or new positions; and 27 " 28 15 16 17 18 19 20 1 WHEREAS, the City Attorney has prepared amendments to the Appendix 2 that are required to be incorporated in said code; and ^ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the former Carisbad Redevelopment Agency Conflict of Interest Code and Appendix is amended to apply, as appropriate, to the activities of the 9 Successor Agency. 10 3. That the Oversight Board as a new agency is added to the existing ^ 1 Conflict of Interest Code for the City and related agencies. 4. That the attached revised Conflict of Interest Code and Appendix for the combined City of Carisbad, City of Carisbad as Successor Agency to the Carisbad Redevelopment Agency, Oversight Board for the Successor Agency, Carlsbad Municipal Water District and Carisbad Public Financing Authority reflecting the changed circumstances in agencies, positions and disclosure categories since the last 18 amendment, is hereby approved. 19 5. That the fliing officer for the Successor Agency designated employees and 2^ Oversight Board members is the City of Carisbad as the code reviewing body 2^ (Government Code § 87500(p)). 22 23 24 25 26 27 28 12 13 14 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 22""^ day of May, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. MATT MALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) i^^.P^'. CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD AND THE CARLSBAD HOUSING AND REDEVELOPMENT AGENCY CITY OF CARLSBAD AS SUCCESSOR AGENCY TO THE CARLSBAD REDEVELOPMENT AGENCY AND OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY AND THE CARLSBAD MUNICIPAL WATER DISTRICT AND THE CARLSBAD PUBLIC FINANCING AUTHORITY ARTICLE I. GENERAL SECTION I: Titie: This Code shall be known and may be cited as "Conflict Of Interest Code of the City Of Carisbad, Carisbad Housing and Rodovolopmont Agoncy Successor Aqencv to the Carisbad Redevelopment Aqencv, Oversiaht Board to the Successor Aqencv. Carisbad Municipal Water District, and Carisbad Public Financing Authority." SECTION II: Authoritv: This Code is adopted pursuant to the provisions of the "Political Reform Act of 1974", Titie 9 of the Government Code commencing with Government Code Section 81000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Titie 2 of the California Code of Regulations. SECTION III: Purpose: This Code is adopted in order to: A. Assure that all employees designated herein perform their duties in an impartial manner, free from bias caused by financial interests; Page 1 of 4 September 28, 2010 B. Enumerate and differentiate the positions of employment within the City which involve the making of decisions which may foreseeably have a material effect upon a financial interest; C. Require the disclosure of such interests, by setting forth the specific types of interests which are reportable for each position; D. Require that designated employees disqualify themselves from participation in City decision-making which may involve a conflict of interest. SECTION IV: Incorporation bv Reference: The provisions of Titie 2 California Code of Regulations Section 18730, except Section 9.5 thereof, a copy of which is attached hereto marked Exhibit "A", are hereby incorporated by this reference and constitute the Conflict of Interest Code of the City of Carisbad, Carisbad Housing and Rodovolopment AgenevSuccessor Aqencv to the Carisbad Redevelopment Aqencv, Oversiqht Board for the Successor Aqencv. Carisbad Municipal Water District and the Carisbad Public Financing Authority. SECTION V: Amendments: Section of the Code found in Titie 2 California Code of Regulations Section 18730 Is replaced with the following Section 4: Section 4: All designated employees shall file the statements of economic interests required herein with the City Clerk of the City of Carisbad. Where the person filing such statements is required to file multiple statements on account of his or her capacity in both City and Agency, District and/or Authority, filing may be made on a single form(s), specifying therein that it is filed in both capacities. APPENDIX A. Persons holding positions listed in the Appendix are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions". It has been determined that these persons make or participate in making decisions which foreseeably may have a material effect on such financial interests if those interests meet certain monetary thresholds. B. Where the disclosure category requires disclosure of interests in real property, the designated employee need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. Page 2 of 4 September 28, 2010 C. Where the disclosure category requires disclosure of investments or sources of income, the designated employee need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. D. Where the disclosure category requires disclosure of business positions, the designated employee need only disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. SECTION Vi: Act: "Act" means the Political Reform Act of 1974, comprising Titie 9 (commencing with Section 81000) of the Government Code of the State of California. SECTION Vll: Desiqnated emplovee: "Designated employee" means any officer, employee, commission or board member or consultant to the City whose position is listed in the Appendix of this Code. SECTION Vlll: Desiqnated position: "Designated position" means a position specified in the Appendix of this Code and requiring disclosure as provided in this Code because the position entails the making or participating in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION IX: Requlations: "Regulations" mean the regulation of the Fair Political Practices Commission adopted pursuant to Title 9 of the Government Code and reported at Titie 2 of the California Code of Regulations commencing with Section 18100. SECTION X: Repeal: This Code shall repeal and supersede all previous versions of the "Conflict of Interest Code of the City of Carisbad, Carisbad Housing and Redevelopment Agency, Carisbad Municipal Water District, and Carisbad Public Financing Authority". SECTION XI: Effective date: This Code shall be effective upon adoption by resolution of the appropriate code reviewing body. /// /// /// /// Page 3 of 4 September 28, 2010 /// /// /// /// /// /// /// Page 4 of 4 September 28,2010 | ^ APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD, THE HOUSING & REDEVELOPMENT AGENCY, CARLSBAD, CALIFORNIA CITY OF CARLSBAD AS SUCCESSOR AGENCY TO THE CARLSBAD REDEVELOPMENT AGENCY OVERSIGHT BOARD FOR SUCCESSOR AGENCY PUBUC FINANCING AUTHORITY AND THE CARLSBAD MUNICIPAL WATER DISTRICT The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carisbad those financial interests, which are within the categories represented by the number(s) following the listed position. The categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7 and represent the following disclosures: "1" investment and real property disclosure; "2" personal income disclosure; "3" business entity income disclosure; "4" business position disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORIES Mayor and Members of the City Council * City Manager City Attorney City Clerk Chairman and Members of the Successor Aqencv- of the Housing and Rodovolopment Commission * Executive Director-of the Successor Aqencv to the Housing and Redevelopment Commission Attorney foref the-Successor Aqencv Housing and Rodovolopment Commission ** Secretary of the-Successor Aqencv Housing and Rodovolopment Commission * President, and Members of the Board of Directors of the Carisbad Municipal Water District Page 1 of 6 5/11/20125/10/2012 ^' Executive Manager of the Carisbad Municipal Water District General Counsel for the Carisbad Municipal Water District Secretary of the CMWD Board Chairman and Members of the Public Financing Authority Executive Director of the Carisbad Public Financing Authority General Counsel effor the Carlsbad Public Financing Authority Secretary of the Public Financing Authority Treasurer of the Public Financing Authority Officials Who Manaqe Public Investments: Administrative Services Director Assistant to the Treasurer City Treasurer Deputy City Treasurer Finance Director Citv Staff under Citv Manaqer: Accountant 2, 3,4 Accounting Supervisor 2, 3,4 Aquatics Supervisor 2, 3 Assistant City Manager 1, 2, 3,4 Assistant Engineer 1, 2 Assistant Finance Director 1, 2, 3,4 Assistant Planner 1, 2, 3.4 Assistant Planning Director 1, 2, 3,4 Associate Analyst 1, 2, 3,4 Associate Contract Administrator 1, 2, 3,4 Associate Engineer 1, 2 Associate Planner 1, 2, 3,4 Benefits Administrator 2, 3 Building & Code Enforcement Manager 1, 2,3 Building Inspector 1 & II 1, 2,3 Business Systems Specialist 2, 3,4 Buyer /Contract Administrator 1, 2, 3,4 City Communications Manager 1, 2, 3,4 City Planner 1, 2, 3,4 Code Enforcement Officer 1 & II 1, 2,3 Community and Economic Development Director 1, 2, 3,4 Community Coordinator 2, 3,4 Page 2 of 6 5/11/20125/10/2012 Community Relations Manager Community Outreach Supervisor Construction Manager Cultural Arts Manager Deputy City Engineer Deputy City Manager Deputy Fire Marshall Deputy Library Director Development Services Manager Economic Development Manager 2,3 2, 3,4 1,2, 3,4 1,2, 3,4 1,2, 3,4 1,2, 3,4 1,2,3 1,2, 3,4 1,2, 3,4 1,2, 3,4 Emergency Medical Sen/ices (EMS) Paramedic Nurse Coordinator Emergency Preparedness Coordinator Environmental Programs Manager Environmental Specialist I & II & Senior Equipment Maintenance Supervisor Finance Manager Fire Chief Fire Division Chief Fire Battalion Chief Fire Marshal Fire Prevention Specialist I & II Gallery Curator Geographic Information Systems Manager Housing & Neighborhood Services Director Housing Program Manager Human Resources Director Human Resources Manager Information Technology Director Information Technology Manager Library and Cultural Arts Director Management Analyst Management Assistant Management Intern Municipal Projects Manager Municipal Property Manager Park Development Manager Park Planner Parks and Recreation Director Parks/Trees Supervisor Parks Superintendent 2, 3,4 2, 3,4 2,3 2,3 3 2, 3,4 2, 3,4 2, 3,4 2, 3,4 2, 3,4 2,3 3 3 2, 3,4 2,3 2, 3,4 3 2, 3.4 2, 3.4 2, 3.4 2, 3.4 3 2, 3.4 2, 3,4 2, 3,4 2, 3,4 2, 3,4 2,3,4 2,3 2, 3,4 Page 3 of 6 5/11/20125/10/2012 \i\ Planning Technician 1 & II 1, 2, 3,4 Police Chief 1, 2, 3,4 Police Captain 2, 3 Police Communications Manager 2, 3 Police Lieutenant 2, 3 Principal Librarian 2, 3,4 Principal Planner 1, 2, 3,4 Property & Environmental Management Director 1, 2. 3,4 Public Safety Information Technology Manager 1, 2, 3,4 Public Works Inspector 1 & II 1, 2,3 Public Works Manager 1, 2,3 Public Works Superintendent 1, 2. 3,4 Public Works Supervisor 2, 3 Records Supervisor (Police) 2, 3 Recreation Area Manager 2, 3,4 Recreation Sen/ices Manager 2, 3.4 Risk Manager 1, 2. 3.4 Senior Accountant 1, 2, 3.4 Senior Building Inspector 1, 2, 3.4 Senior Business Systems Specialist 2, 3,4 Senior Circulation Supervisor 1, 2,3 Senior Civil Engineer 1, 2, 3,4 Senior Construction Inspector 1, 2, 3,4 Senior Contract Administrator 1, 2, 3,4 Senior Librarian 2, 3,4 Senior Management Analyst 1, 2, 3,4 Senior Planner 1, 2. 3.4 Traffic Engineer 1, 2. 3.4 Transportation Director 1, 2, 3.4 Junior Planner 1, 2. 3,4 Video Production Manager 2, 3 Warehouse Technician 1. 2, 3,4 Citv Attornev's Office: Senior Assistant City Attorney Assistant City Attorney Deputy City Attorney 1,2. 3.4 1,2. 3,4 1,2, 3,4 Citv Clerk's Office: Assistant City Clerk Deputy City Clerk/Technician Records Manager 2, 3,4 2, 3,4 2,3 Page 4 of 6 5/11/20125/10/2012 Records Management Supervisor 2,3 Citv Emplovees under the Executive Manaqer of the Carisbad Municipal Water District: Accountant Accounting Supervisor Associate Engineer Cross Connection Control Technician Deputy City Engineer Management Analyst Public Works Manager Public Works Supervisor Senior Civil Engineer Senior Cross Connection Control Technician Senior Engineering Inspector Utilities Director 3,4 3 2 2 2, 3,4 3 3 3 2, 3,4 2, 3,4 2, 3,4 2, 3,4 Consultants Boards and Commissions: Members of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee 1, 2, 3, 4 Members of the Arts Commission 1, 2, 3, 4 Members of the Board of Library Trustees 1, 2, 3, 4 Members of the Carisbad Tourism Business Improvement District 1,2,3, 4 Members of the Design Review Board 1, 2. 3, 4 Members of the Housing Commission 1, 2, 3. 4 Members of the Oversiqht Board for the Successor Aqencv 1. 2. 3. 4 Members of the Parks and Recreation Commission Members of the Planning Commission 1,2, 3,4 Page 5 of 6 5/11/20125/10/2012 Members of the Senior Commission 1, 2, 3, 4 Members of the Traffic Safety Commission 1, 2, 3, 4 This position is required to report by virtue of Govemment Code Section 87200.lt is included for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. When a designated employee is also required to file a conflict of interest form under Article 2 (Gov't Code §87200, Form 700) of the Act, he or she may expand their statement to cover reportable interests in both jurisdictions or both positions and file copies of this expanded statement with the City Clerk provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. The duties of each consultant will be separately evaluated to determine whether or not disclosure will be required, and the categories which will apply. The evaluation of the consultant's duties will be conducted by the department head of the department which is responsible for the hiring of the consultants. The disclosure requirement shall be included in the consultant's contract approved by the City Council, Housing and Redevelopment Commission, City Manager or Executive Manager of the Carlsbad Municipal Water District. Page 6 of 6 5/11/20125/10/2012