2022 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):
q 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)
q The code is currently under review by the code reviewing body. q 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 making 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 3, 2022, 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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1 ORDINANCE NO.____-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
AMENDING SECTIONS 2.9.002 THROUGH 2.9.012 OF THE CITY OF
OAKLEY CONFLICT OF INTEREST CODE TO ADOPT AND INCORPORATE BY REFERENCE THE TERMS OF 2 CALIFORNIA CODE OF REGULATIONS SECTION 18730 AND ANY AMENDMENTS TO IT DULY ADOPTED BY THE
FAIR POLITICAL PRACTICES COMMISSION (FPPC) AND REPEALING SECTIONS 2.9.014 THROUGH 2.9.020 OF THE OAKLEY MUNICIPAL CODE The City Council of the City of Oakley does ordain as follows:
Section 1. Section 2.9.002 through 2.9.012 are hereby amended to read as follows:
“2.9.002 Purpose
The Political Reform Act prohibits public officials from using their official position to influence governmental decisions in which they have a financial interest. A conflict of interest code identifies all officials and employees within the agency who make governmental decisions based on positions they hold and those persons must disclose their financial interests by filing the Fair Political Practices Commission form called the Statement of Economic Interests (Form 700). In appropriate circumstances, official and employees should be disqualified from acting in order that conflicts of interest may be avoided.
2.9.004 Incorporation (Terms of the Code)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Oakley (City).
2.9.006 Filing and Retention of Fair Political Practices Commission Statements of Economic Interests (Form 700)
Individuals holding designated positions shall file their statements of economic interests with the City, which will make the statements available for public 220
2 inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of statements being filed pursuant to Gov. Code Sec. 87200, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City. Originals and copies of all statements shall be maintained in accordance with Fair Political Practices Commission retention guidelines. The provisions of this section shall not prohibit electronic filing of statements of economic interests.
2.9.008 Positions Stated in Government Code Section 87200 Positions including, but not limited to City Councilmembers, Planning Commissioners, City Manager, City Attorney and Finance Director, and candidates for any of these positions, shall file the Fair Political Practices Commission Statement of Economic Interests form (Form 700) in accordance with Government Code Section 87200 et seq.
2.9.010 Ethics Training
Positions stated in Sections 2.9.006 and 2.9.008 are required to complete ethics training within thirty (30) days of assuming the position and every two (2) years thereafter until separation from the position.
2.9.012 Amendments to Appendix Designating Positions and Disclosure Categories
Amendments to designated positions and disclosure categories may be made by adoption of a resolution by the Oakley City Council.”
Section 2. Sections 2.9.014 through 2.9.020 of the Oakley Municipal Code are hereby repealed.
Section 3. Severability.
In the event that any section or portion of this ordinance shall be determined to be invalid or unconstitutional, such section or portions shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 4. California Environmental Quality Act (“CEQA”) finding.
This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), Review for Exemption, because it can be seen with certainty that this ordinance will not have a significant effect on the environment; therefore, it is not subject to CEQA.
Section 5. Effective Date and Publication.
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3 This ordinance shall take effect and be in force and effect thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on _______, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_____________________
Randy Pope, Mayor
ATTEST:
____________________________________________
Libby Vreonis, City Clerk Date
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
PROVIDING DISCLOSURE CATEGORIES AND UPDATING DESIGNATED
POSITIONS FOR THE CITY OF OAKLEY CONFLICT OF INTEREST CODE BE IT RESOLVED that attached disclosure categories are provided and attached designated positions are updated for the City of Oakley Conflict of Interest Code and are hereby approved by the Oakley City Council.
PASSED, APPROVED AND ADOPTED this 27th day of September, 2022 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
_________________
Randy Pope, Mayor
ATTEST:
____________________ __________________
Libby Vreonis, City Clerk Date
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City of Oakley Conflict of Interest Code
Disclosure Categories and Designated Positions
Designated positions as updated and proposed below are required to file the Fair Political Practices Commission Statement of Economic Interest Form 700. The disclosure categories for such designated positions are adopted and described as follows:
Disclosure Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities; and income, including loans, gifts, and travel payments from all sources.
Disclosure Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the City.
Disclosure Category 3: Investments and business positions in business entities; and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Disclosure Category 4: Investments and business positions in business entities; and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the department or division to which the designated employee is assigned duties.
Disclosure Category 5: Investments and business positions in business entities; and income, including loans, gifts, and travel payments, from sources that are of the type to request an entitlement from the City, or an entitlement to use City property or facilities, including but not limited to:
• A license;
• A vendor permit;
• A use permit;
• A regulatory permit;
• A grant or other form of financial assistance;
• Any development-related permit or entitlement.
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Designated Employee Disclosure Categories
Accounting Manager Categories 2,3,4,5
Administrative Hearing Officer Category 1
Assistant City Attorney Category 1
Assistant to the City Manager Categories 3, 5
Building Inspector Categories 2, 5
Capital Project Engineer Categories 2,4,5
Chief of Police Category 1
City Clerk Category 1
City Engineer / Public Works Director Category 1
City Surveyor Category 1
Code Enforcement Officer Categories 2, 3, 4
Code Enforcement Technician Categories 2, 3, 4
Community Development Director Category 1
Deputy City Clerk Categories 2,3,4
Economic Development Analyst Category 1,
Engineering Technician Category 2,
Human Resources Director Category 1
Human Resources Technician Category 5
IT Manager Categories 4, 5
Paralegal Categories 2, 3, 5
Park Ranger Categories 2,4,5
Parks and Landscape Maintenance Division Manager Categories 3,4,5 Parks and Landscape Maintenance Foreman Category 5
Permit Center Manager Category 1
Permit Technician Category 5
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Planning Manager Categories 2, 4, 5
Planning Technician Categories 2,5
Police Lieutenant Categories 2,3,4
Police Records Supervisor Category 4
Police Sergeant Categories 2, 3,4
Principal Engineer Categories 2,4,5
Public Works Inspector Categories 2,5
Recreation and Events Coordinator Categories 4,5
Recreation Director Category 1
Senior Accounting Technician Categories 3,5
Streets Maintenance Foreman Category 5
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STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Date: September 27, 2022
To: City Council
From: Joshua McMurray, City Manager
Subject: Adopt a resolution declaring one property as “Surplus” and direct Staff to provide the notices required by AB 1255 and AB 1486 Summary and Background
Two specific laws relating to City-owned surplus properties, AB 1255 and AB 1486, became effective January 1, 2020. Both laws provide regulations for cities to prepare a list of its surplus land, and to then make the surplus land available to affordable housing developers, school districts, and other public agencies before disposing of the property. The list of surplus land must also be reported to the California Department of Housing and Community Development (HCD). The term “surplus” is explained as properties “in excess of its foreseeable needs” and that are “no longer necessary for the agency’s use.”
The City Council took action a year ago that identified several properties as surplus.
The purpose of this staff report is to provide information regarding one additional property that has been identified and to seek the City Council’s approval of the property identified in Table 1.
Table 1: Proposed Surplus Properties
Property Address and APN Parcel Size Condition
1. 4921 Teakwood Drive
035-322-022
0.24-acres Vacant
Further, we seek City Council’s direction to submit the list to HCD and specific entities mentioned in these new laws. Specifically, those to be notified of the surplus properties list are:
low- and moderate income housing to housing sponsors that have notified the California Department of Housing and Community Development of their interest in surplus land;
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September 27, 2022
Surplus Properties
county park and recreation departments and regional park authorities land that have jurisdiction over the area where the land is located, and the State Resources agency;
school districts in the city thathave jurisdiction over the area where the land is located; and,
to any county,city, public transportation agency, or housing authority within whose jurisdiction the surplus land is located.
Any entity receiving a written notice of availability has 60 days to notify the City in writingof its interest in purchasing or leasing the surplus land. If the City receives multiple notices of interest from entities to whom the notice was sent, the City is required to give first priority to the entity that agrees to use the site for affordable housing purposes as specified in the regulations. If more than one entity proposes the same number of affordable units, the city must give priority to the entity that proposes the deepest average level of affordability.
The city is required to negotiate in good faith with the interested entity for at least 90 days. If a price or terms cannot be agreed upon during that time period, or if no entity expresses interest after the initial 60 days, the City may dispose ofthe properties without further regard to the regulations of AB 1255 and AB 1486. There are serious remedies and significant penalties for cities who do not properly follow the provisions of AB 1255 and AB 1486.
Fiscal Impact
Undetermined
Recommendation
Adopt the resolution declaring the property listed in Table 1 as “surplus” and direct Staff to provide the notices required by AB 1255 and AB 1486.
Attachments
1. Resolution
2. Aerial maps of the property location
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RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT CERTAIN REAL PROPERTY OWNED BY THE CITY AND NOT NECESSARY FOR THE CITY’S USE WHEREAS, the City of Oakley (“City”) is the owner in fee simple of certain real property located at various locations within the City and described in Exhibit “A” attached hereto and made a part of hereof (“Properties”); and
WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and
WHEREAS, City staff has evaluated the Property for it’s potential to be used for City work or operations; and
WHEREAS, City staff has determined that the Property is not suitable for the City’s use; and
WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; and
WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, the City Council hereby resolves as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby declares that the Property is surplus land and not necessary for the City’s use. The basis for this declaration is that the property is a residential parcel and no planned city facility or building that the City can financially afford is feasible for the site.
SECTION 3. Staff is hereby directed to send a notice of availability, to the entities designated in Government Code Section 54222 (“Designated Entities”) by electronic mail or by certified mail.
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SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the properties as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.
Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the properties are sold to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
SECTION 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act.
The foregoing resolution was introduced at a regular meeting of the Oakley City held on the 27th day of September 2022, by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
__________________________
Randy Pope, Mayor
ATTEST:
__________________________ _
Libby Vreonis, City Clerk
Date
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Exhibit “A”
Property Address and APN Parcel Size Condition
1. 4921 Teakwood Drive
035-322-022
0.24 acres Vacant
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0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere
0.1 Miles
Notes
Contra Costa County -DOIT GIS
Legend
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
0 0.04
1: 2,257
4921 Teakwood Drive APN: 035-322-022
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