RESOLUTION NO. 2024- 206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED
CONFLICT OF JNTEREST CODE APPLICABLE TO THE SPECIFIED
AND DESIGNATED OFFICERS AND EMPLOYEES OF THE
SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY
WHEREAS, a Conflict of Interest Code for City and Redevelopment Agency employees was adopted on August 15, 1977;
WHEREAS, the Redevelopment Agency of the City of Pomona was a local agency, as defined by the Political Reform Act, asfound in Government Code Section 81000, et seq.; WHEREAS, Government Code Section 87306.5 requires every local agencyto review its Conflict of InterestCodein all even-numberedyearsandmakeamendments, if necessary; WHEREAS, saidConflict of Interest Codefor the RedevelopmentAgency employeeswas amendedand a new Codewas adoptedon February 3, 1986, on December 7, 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, December 6, 2010, and December 19, 2016.
WHEREAS, with dissolution of redevelopment agencies, successor agencies are designatedasthe successorentities to the former redevelopmentagencies,and all authority, rights, dutiesandobligationspreviouslyvestedwith theformerredevelopmentagencyarenowvestedin the successoragency( Health and Safety Code Sections34171, 34173 and 34177); WHEREAS, the City Council of the City of Pomona designated itself as the Successor Agency to the former Redevelopment Agency(" Successor Agency") of the City of Pomona; WHEREAS, a Conflict of Interest Code was adopted for the Successor Agency to the former RedevelopmentAgency of the City of Pomonaon December 3, 2012; WHEREAS, in 2018, 2020, and 2022, there were no amendments required to the Conflict of Interest Code for the SuccessorAgency;
WHEREAS, changes in Successor Agency employee titles or classifications since December 19, 2016, necessitateamendmentsto the SuccessorAgency' s Conflict of Interest Code; and
WHEREAS, California Code of Regulations Section 18730, which may be amendedby the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and which contains the terms of a StandardConflict of Interest Code, canbe adoptedby an agency asthe agency's Conflict of Interest Code by incorporating Section 18730 by reference.
Resolution No, 2024- 206
December 16, 2024
ATTACHMENT NO. 3
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, herebyapprovesandadoptstheCity of Pomona's SuccessorAgency Conflict of InterestCode, whichincorporatesby referenceCaliforniaCodeof RegulationsSection18730, ascurrentlystated andasmay be amendedin the future, andalsoincorporatesby referencePomonaCity Charter Section 1403 and PomonaCity Code Section 2-971.
SECTION 2. Pursuant to Government Code Section 87303, upon the City Council' s approvalof this Conflict of Interest Code,this codeshall be deemedadoptedby SuccessorAgency and shall immediately take effect.
SECTION 3. This Conflict of Interest Code shall be applicable to the Governing Board of the SuccessorAgencyto the former RedevelopmentAgencyof the City of Pomonaand all specifiedpositionstinderGovernmentCodeSection87200andthedesignatedpositionssetforth in Appendix " A" of the attached Conflict of Interest Code, attached hereto as Exhibit" A." SECTION 4,. TheCity Clerkshallcertifyto thepassageandadoptionof thisResolution, and it shall thereupon take effect and be in force.
PASSED,APPROVEDAND ADOPTED this 160'dayof December2024.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho Rosalia A. BU' tl'eT, MMC
City Attorney City Clerk
Resolution No. 2024- 206
December 16, 2024
1, HEREBY CERTIFYthattheforegoingresolutionwasduly adoptedby theCity Councilof the Cityof PomonaataregularmeetingthereofheldonDecember16, 2024,bythefollowingvoteof the Council:
AYES: Martin, Preciado, Garcia, Ontiveros- Cole, Lustro, Canales, Sandoval NOES: None
ABSTAIN: None
ABSENT: None
Rosalia A." Butler, C
City Clerk
Resolution No. 2024- 206
December 16, 2024
6 EXHIBIT " A"
CONFLICT OF INTEREST CODE
SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF POMONA
INTRODUCTORY PROVISIONS
i. ThePoliticalReformAct, GovernmentCodeSection81000, et seq., requiresstateandlocal government agencies to adopt and promulgate conflict of interest codes. This Conflict of InterestCodeis adoptedpursuantto andin compliancewith Section87300of theCalifornia Government Code. This Conflict of InterestCode is in addition to Statelaws pertaining to conflictsof interestof theSuccessorAgencyof theformerRedevelopmentAgencyof theCity of Pomona's officers and employeesand is not intendedto abridgeor otherwisemodify such laws.
California Code of Regulations Section 18730 contains the teens of a standard Conflict of Interest Code. The Fair Political PracticesCommission may amend the standardConflict of InterestCodeafterpublic noticeandhearingsto conformto amendmentsin thePolitical Reform Act. The standard Conflict of Interest Code can be adopted by local agencies, includingthe SuccessorAgency, by incorporatingthe standardConflict of InterestCode by reference. Therefore, the terms of California Code of Regulations Section 18730, and anyamendmentsto it duly adoptedby theFairPolitical PracticesCommission, arehereby 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, constitute the Conflict of Interest Code of the SuccessorAgency. The SuccessorAgency isthe "Agency" andtheCity Councilof theCity of Pomonaisthe" CodeReviewingBody" within thepurviewof this Code. Pursuantto GovernmentCodeSection87303, uponthe City Councilof theCity of Pomona'sapprovalof this Conflict of InterestCode, this Code shall be deemedadoptedby the SuccessorAgency and shall immediately take effect. ii. Designatedemployeesshall file Statementsof Economic Interestswith the City 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 public records subject to Government Code Section 81008. All newly designated employeesshallfile aninitial Statementwithin thirty daysafterthe effectivedateof the herein Code. The annual Statementof Economic Interests shall be duly filed by no later than April 1 of eachcalendaryear.
iii. This Conflict of InterestCodeof the SuccessorAgency, so adopted, replacesin entirety any Conflict of Interest Code of the Successor Agency previously in effect. All terms or words in 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 1 DISCLOSURE CATEGORIES Government Code §87300 et seq.)
DISCLOSURE
DEPARTMENT DESIGNATED EMPLOYEES CATEGORIES
ADMINISTRATION I
Economic Development Director I
Senior Project Manager II& III
NEIGHBORHOOD SERVICES Housing Authority Managed I
Consultant*
Consultants shall be included in the list of designated employees and shall disclose, pursuant to the broadestdisclosure category in the Code, subjectto the following limitations:
The executive director or executive officer may determine in writing that a particular consultant, although a " designated position," is hired to perform a range of duties that is limited in scopeand thus is not required to fully comply with the disclosure requirements described in this section. 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 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 § 18701defines "consultant" as an individual who, pursuantto a contract with a stateor local governmentagency:
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. AuthorizetheAgencyto enterinto, modify, or renewa contractprovidedit is the type of contract which requires Agency approval;
V. GrantAgencyapprovalto acontractwhich requiresagencyapprovalandin 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 grant agencyapprovalof, policies, standards, or guidelinesfor the Agency, or for any subdivision thereof; or
B. Servesin a staffcapacitywith theAgencyandin thatcapacityparticipatesin making governmentaldecisionsasdefinedin CaliforniaCodeof RegulationsSection18702.2 or performsthesameor substantiallyall thesamedutiesfor theAgencythatwould otherwise beperformedby anindividualholdingapositionspecifiedin theAgency's Conflict of Interest Code.
APPENDIX " C"
DESIGNATED EMPLOYEE CATEGORIES
I. This category applies to individuals that make, or participate in making, decisions that may have a material effect on their financial interest( s) in:
a. businessesin which theindividualholdsaninvestmentor businessposition; b. sources of income; or
c, reaI property.
Individuals subject to this category need not disclose under Category II or IIL Individuals subject to this category must disclose any of the following financial interests within the City and 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. This category appliesto individuals that make, or participate in making, decisionsthat involve the purchase of services, supplies, materials, machinery or equipment.
Individuals subject to this category must disclose any of the following financial interests in business entities which provide services, supplies, materials, machinery, equipment, or technology of the type utilized by the City:
a. investments in business entities;
b. businesspositions held; and
c. sources of income.
III. This category applies to individuals that make, or participate in making, decisions that involve contracting for servicesincluding, but not limited to:
a. Professional services;
b. Vendor services;
c. Consulting services; and
d. Contractor services.
Individuals subject to this category must disclose any of the following financial interests in businessentities which provide contract services, of the type utilized by the City:
a, investments in business entities;
b. businesspositions held; and
c. sources of income.
1 `Business positions" shall include, but not be limited to, a role as a director, officers, partner, trustee, employee, or any management position.
2` Business entities" shall include, but not be limited to, sole proprietorships, partnerships, and corporations.
IV. This category applies to commissioners, as applicable. Individuals subject to this category must 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 investmentsin, interest in, or income from, any businessentity; 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 respectiveboardor commission andfive hundred feet contiguous thereto, at any time during the two years prior to the date of filing the Statements of Economic Interest.