HomeMy WebLinkAbout2012-05-22; City Council; Resolution 2012-1141 RESOLUTION NO. 2012-114
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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
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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, as a result of ABX1 26 adopted in June, 2011, the Carlsbad
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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 ofthe taxing entities; and
WHEREAS, the oversight Board has a fiduciary responsibility to holders of
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23 enforceable obligations and the taxing entities that benefit from the distribution of
26 property tax and other revenues; and
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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
^ financial 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 ofthe 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;
and
WHEREAS, provisions of the Act require an amendment to said code due
to changed circumstances, changed duties or new positions; and
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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
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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^ 2. That the former Carisbad Redevelopment Agency Conflict of Interest
g 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
11 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, Carisbad
Municipal Water District and Carisbad Public Financing Authority reflecting the changed
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2y circumstances in agencies, positions and disclosure categories since the last
18 amendment, is hereby approved.
19 5. That the filing officer for the Successor Agency designated employees and
Oversight Board members is the City of Carisbad as the code reviewing body
(Government Code § 87500(p)).
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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.
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MATT l/IALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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: Title: 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 Agencv to the Carisbad Redevelopment Aaencv, Oversiqht Board to the
Successor Agencv. 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", Title 9 of the Government Code commencing with Government
Code Section 81000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Title 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;
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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 Title 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 Redevelopmont
AgeFtevSuccessor Agencv to the Carisbad Redevelopment Agencv, Oversight Board for
the Successor Agencv. Carisbad Municipal Water District and the Carisbad Public
Financing Authority.
SECTION V: Amendments: Section of the Code found in Title 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.
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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 Title 9
(commencing with Section 81000) of the Government Code of the State of California.
SECTION Vll: Designated 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: Designated 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: Regulations: "Regulations" mean the regulation of the Fair Political
Practices Commission adopted pursuant to Title 9 of the Government Code and
reported at Title 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.
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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
PUBLIC 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 Carlsbad 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 Agencv-
of the Housing and
Rodovolopmont Commission *
Executive Director-of the Successor Agencv
to the Housing and
Redevelopment Commission **
Attorney forof the-Successor Agencv
Housing and
Rodovolopment Commission
Secretary of the-Successor Agencv
Housing and
Redevelopmont Commission
President, and Members of the Board of Directors
of the Carisbad Municipal Water District
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Executive Manager of the
Carlsbad 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 Carisbad
Public Financing Authority **
Secretary of the Public Financing Authority *
Treasurer of the Public Financing Authority **
Officials Who Manage Public Investments:
Administrative Services Director *
Assistant to the Treasurer *
City Treasurer *
Deputy City Treasurer *
Finance Director *
Citv Staff under Citv Manager:
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
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Community Relations Manager 2,3
Community Outreach Supervisor 2, 3,4
Construction Manager 1,2, 3,4
Cultural Arts Manager 1,2, 3,4
Deputy City Engineer 1,2, 3,4
Deputy City Manager 1,2, 3,4
Deputy Fire Marshall 1.2,3
Deputy Library Director 1,2, 3,4
Development Sen/ices Manager 1,2, 3,4
Economic Development Manager 1.2, 3,4
Emergency Medical Services (EMS)
Paramedic Nurse Coordinator 1,2, 3,4
Emergency Preparedness Coordinator 1,2, 3,4
Environmental Programs Manager 1,2,3
Environmental Specialist 1 & II & Senior 1,2,3
Equipment Maintenance Supervisor 2,3
Finance Manager 1,2, 3,4
Fire Chief 1,2, 3,4
Fire Division Chief 1,2, 3,4
Fire Battalion Chief 1.2, 3,4
Fire Marshal 1,2, 3,4
Fire Prevention Specialist 1 & II 1,2,3
Gallery Curator 2,3
Geographic Information Systems Manager 2,3
Housing &. Neighborhood Services Director 1.2, 3,4
Housing Program Manager 1,2,3
Human Resources Director 1,2, 3,4
Human Resources Manager 2,3
Information Technology Director 1,2, 3,4
Information Technology Manager 1,2, 3,4
Library and Cultural Arts Director 1,2, 3,4
Management Analyst 1,2, 3,4
Management Assistant 2,3
Management Intern 1,2, 3,4
Municipal Projects Manager 1.2, 3,4
Municipal Property Manager 1.2. 3,4
Park Development Manager 1,2, 3,4
Park Planner 1,2, 3,4
Parks and Recreation Director 1,2, 3,4
Parks/Trees Supervisor 1,2,3
Parks Superintendent 1.2, 3,4
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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 Supen/isor (Police) 2,3
Recreation Area Manager 2, 3,4
Recreation Services 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 1.2,3,4
Assistant City Attorney 1.2, 3,4
Deputy City Attorney 1,2, 3,4
Citv Clerk's Office:
Assistant City Clerk 2, 3,4
Deputy City Clerk/Technician 2, 3,4
Records Manager 2,3
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Records Management Supervisor 2.3
Citv Emplovees under the Executive Manager
of the Carisbad Municipal Water District:
Accountant
Accounting Supen/isor
Associate Engineer
Cross Connection Control Technician
Deputy City Engineer
Management Analyst
Public Works Manager
Public Works Supen/isor
Senior Civil Engineer
Senior Cross Connection Control Technician
Senior Engineering Inspector
Utilities Director
2, 3.4
2,3
1,2
1,2
1,2, 3,4
2,3
2,3
2.3
1,2, 3,4
1,2, 3,4
1,2, 3,4
1,2, 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 Carlsbad 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 Oversight Board for the Successor Agencv 1. 2, 3, 4
Members of the Parks and Recreation Commission
Members of the Planning Commission
1.2, 3,4
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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 Government 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 wiil 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 IVIanager or Executive IVIanager of the Carlsbad Municipal Water District.
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