RESOLUTION NO. 2016- 173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE APPLICABLE TO THE SPECIFIED AND
DESIGNATED OFFICERS AND EMPLOYEES OF THE SUCCESSOR
AGENCY OF THE FORMER REDEVELOPMENT AGENCY
WHEREAS, aConflictof InterestCodefor City andRedevelopmentAgencyemployeeswas adopted on August 15, 1977;
WHEREAS, the RedevelopmentAgencyof the City of Pomonawas a local agency, as definedbythePoliticalReformAct, asfoundin GovernmentCodeSection81000, etseq.; WHEREAS, GovernmentCodeSection87306.5requireseverylocalagencytoreviewits Conflict of InterestCodein all even-numberedyearsandmakeamendments, if necessary; WHEREAS, saidConflict of InterestCodefor theRedevelopmentAgencyemployeeswas amendedandanewCodewasadoptedon February3, 1986, onDecember7, 1992, on January23, 1995, December 16, 1996, November 16, 1998, December 4, 2000, December 16, 2002, December 4, 2004, December 18, 2006; December 15, 2008 and December 6, 2010; WHEREAS, with dissolution of redevelopment agencies, successor agencies are designated asthe successorentitiesto theformerredevelopmentagencies, andall authority, rights, dutiesand obligationspreviouslyvestedwith theformerredevelopmentagencyarenowvestedin thesuccessor agency (Health and SafetyCode Sections34171, 34173 and 34177); WHEREAS, the City Council of the City of Pomonadesignateditself asthe Successor Agencyto theformerRedevelopmentAgencyof theCity of Pomona; WHEREAS, aConflict of InterestCodewasadoptedfortheSuccessorAgencytotheformer RedevelopmentAgency of the City of Pomonaon December 3, 2012; WHEREAS, in 2014, there were no amendments required to the Conflict of Interest Code for the SuccessorAgency;
WHEREAS, changesin SuccessorAgencyemployeetitles or classificationssinceDecember 15, 2014, necessitateamendmentsto the SuccessorAgency's Conflict of InterestCode; and WHEREAS, CaliforniaCodeof RegulationsSection18730,which maybeamendedbythe Fair Political Practices Commission to conform to amendments in the Political Reform Act, and which containsthetermsof aStandardConflictof InterestCode,canbeadoptedby anagencyasthe agency'sConflict of InterestCodeby incorporatingSection18730by reference.
Resolution No. 2016- 173
December 19, 2016
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona, California, as follows:
SECTION 1. In compliance with Government Code Section 87300, the City Council, hereby adopts the attached Conflict of Interest Code ( Exhibit " A"), which incorporates California Code of Regulations Section 18730, by reference.
SECTION 2. Pursuant to Government Code Section. 87303, upon the City Council' s approval of this Conflict of Interest Code, this codeshall be deemedadoptedby SuccessorAgency and shall immediately take effect.
SECTION 2. This Conflict of Interest Code shall be applicable to the Governing Board of the SuccessorAgency to the former RedevelopmentAgency of the City of Pomonaand all specified positions under Government Code Section 87200 and the designated positions set forth in Appendix A" of the attached Conflict of Interest Code.
SECTION 4. The City Clerk shall certify to the passageand adoption of this Resolution, and it shall thereupon take effect and be in force.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2016.
ATTEST: CITY OF POMONA:
Eva M. Buice, MMC, City Clerk Tim S doval, ayor
APPRGVED AS TO F
Arnold lvarez- Glasman, City Attorney
11 111
Resolution No. 2016- 173
December 19, 2016
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I,EVAM.BUICE,MMC,CITYCLERKoftheCityofPomonadoherebycertifythattheforegoing Resolutionwasadoptedataregularmeetingof theCityCounciloftheCityof Pomonaheldonthe 19th
dayof December2016by thefollowing vote:
AYES: Gonzalez, Robledo, Carrizosa, Ontiveros- Cole, Escobar, and Mayor Sandoval NOES: None
ABSENT: Torres
ABSTAIN: None
IN WITNESSWHEREOF, I havehereuntosetmyhandandaffixedtheofficialsealoftheCityof Pomona, California, this
201h
day of December 2016.
Eva M. Buice, MMC, City Clerk
Resolution No. 2016- 173
December 19, 2016
EXHIBIT " A"
CONFLICT OF INTEREST CODE
SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF POMONA
INTRODUCTORY PROVISIONS
i. ThePoliticalReformAct, GovernmentCodeSection81000, etseq., requiresstateandlocal government agencies to adopt and promulgate conflict of interest codes. This Conflict of Interest Code is adopted pursuant to and in compliance with Section 87300 ofthe California Government Code. ThisConflictof InterestCodeisin additionto Statelawspertainingtoconflictsof interest oftheSuccessorAgencyof theformerRedevelopmentAgencyof theCityof Pomona'sofficers andemployeesand is not intendedto abridgeor otherwisemodify suchlaws.
California Code of Regulations Section 18730 contains the terms of a standard Conflict of InterestCode. TheFairPoliticalPracticesCommissionmayamendthestandardConflict of Interest Code after public notice and hearings to conform to amendments in the Political Reform Act. The standardConflict of InterestCodecanbe adoptedby local agencies, includingtheSuccessorAgency,byincorporatingthestandardConflictofInterestCodeby reference. Therefore,thetermsof CaliforniaCodeof RegulationsSection18730,andany amendmentsto it duly adoptedby the Fair Political PracticesCommission, are hereby incorporatedby referenceinto the SuccessorAgencyConflict of InterestCode.
California Code of Regulations Section 18730 and the attached Appendices A, B, and C, in which members and employees are designated and disclosure categories are set forth, constitutetheConflict of InterestCodeof theSuccessorAgency. TheSuccessorAgencyis the "Agency" andthe City Councilof the City of Pomonais the "CodeReviewingBody" within the purview of this Code. Pursuant to Government Code Section 87303, upon the City Council of the City of Pomona's approval of this Conflict of Interest Code,this Code shallbedeemedadoptedby theSuccessorAgencyandshallimmediatelytakeeffect. ii. Designatedemployeesshallfile Statementsof EconomicInterestswith theCity Clerk,who shall be, and will perform the duties of, the filing officer for the City of Pomona. The Statements shall be available for public inspection and reproduction. The Statements are publicrecordssubjectto GovernmentCodeSection81008. All newlydesignatedemployees shall file an initial Statementwithin thirty days after the effective dateof the herein Code.
TheannualStatementof EconomicInterestsshallbeduly filed by no laterthanApril 1of each calendar year.
iii. ThisConflictofInterestCodeoftheSuccessorAgency, soadopted,replacesinentiretyany Conflictof InterestCodeof theSuccessorAgencypreviouslyin effect. All termsorwordsin this Conflict of Interest Code and in its Appendices shall have such meanings as are associated thereto in the Political Reform Act, as amended from time to time.
APPENDIX" A"
SPECIFIED OFFICERS AND EMPLOYEES
Government Code § 87200)
SUCCESSOR AGENCY BOARD MEMBERS
AGENCY COUNSEL
EXECUTIVE DIRECTOR
DESIGNATED OFFICERS AND EMPLOYEES / DISCLOSURE CATEGORIES Government Code § 87300 et seq.)
DISCLOSURE
DEPARTMENT DESIGNATED EMPLOYEES CATEGORIES
ADMINISTRATION Deputy City Manager I
Senior Project Manager ISI
DEVE OP EN
Consultant*
Consultantsshall be included in the list of designatedemployeesand shall disclose,pursuantto the broadestdisclosurecategoryin theCode, subjectto thefollowing limitations:
Theexecutivedirectororexecutiveofficermaydeterminein writingthata particular consultant, although a" designated position," is hired to perform arange of dutiesthat is limited in scopeandthus is not requiredto fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, basedupon that description, a statement of the extent of disclosure requirements. The executive director' s or executive 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.
APPENDIX" B"
CONSULTANTS
Commission Regulation § 18701 defines " consultant" as an individual who, pursuant to a contract with a stateor local government agency:
A. Makes a governmental decision whether to:
i. Approve a rate, rule or regulation;
ii. Adopt or enforce a law;
iii. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; iv. Authorize the Agency to enter into, modify, or renew a contract provided it is the type of contract which requires Agency approval;
V.
GrantAgencyapprovalto a contractwhichrequiresagencyapprovalandin which the Agency is a party or to the specifications for such a contract; vi.
GrantAgencyapprovalto aplan, design, report, study, or similaritem; vii.
Adopt,or grantagencyapprovalof,policies,standards,orguidelinesfortheAgency, or for any subdivision thereof; or
B. Servesin a staffcapacitywith theAgencyandin thatcapacityparticipatesin making governmental decisions as defined in California Code of Regulations Section 18702.2 or performs the sameor substantially all the sameduties for the Agency that would otherwise beperformedbyanindividualholdingapositionspecifiedin theAgency'sConflictof Interest Code.
APPENDIX " C"
DESIGNATED EMPLOYEE CATEGORIES
I. Thiscategoryappliestoindividualsthatmake,orparticipateinmaking,decisionsthatmayhave a material effect on their financial interest{ s} in:
a. businessesin which the individual holds an investment or businessposition'; b. sources of income; or
c. real property.
Individualssubjectto thiscategoryneednot discloseunderCategoryII or III. Individuals subjectto thiscategorymustdiscloseanyofthefollowing financialinterestswithin theCityand within two miles of City boundaries:
a. investments in business
entities2;
b. business positions held;
c. sources of income; and
d. interests in real property.
II. Thiscategoryappliesto individualsthatmake, orparticipateinmaking, decisionsthatinvolve the purchaseof services, supplies, materials, machinery or equipment.
Individualssubjectto thiscategorymustdiscloseanyof thefollowingfinancialinterestsin business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City:
a. investments in business entities;
b. business positions held; and
c. sources of income.
III. Thiscategoryappliesto individualsthatmake, orparticipatein making, decisionsthatinvolve contracting for servicesincluding, but not limited to:
a. Professional services;
b. Vendor services;
c. Consulting services; and
d. Contractor services.
Individuals subjectto this categorymustdiscloseany of the following financial interestsin businessentitieswhichprovidecontractservices, ofthetypeutilizedbytheCity:
a. investments in business entities;
b. business positions held; and
1"Businesspositions"shallinclude,butnotbelimitedto,aroleasadirector,officers,partner,trustee,employee,orany management position.
2` Business entities" shall include, but not be limited to, sole proprietorships, partnerships, and corporations.
C. sources of income.
IV. This categoryappliesto commissioners, asapplicable. Individuals subjectto this categorymust disclose:
a. All investments in, interest in, or income from, real property located within thejurisdiction of the respective board or commission and five hundred feet contiguous thereto; and b. All investments in, interest in, or income from, any business entity:
i. In which the person holds a business position; and ii. That is either: A) within the jurisdiction of the respect board of commission and five hundred feet contiguous thereto; or B) conducted business within the jurisdiction of the respective board or commission and five hundred feet contiguous thereto, at any time during the two yearsprior to the dateof filing the Statementsof Economic Interest.