1 City of South Lake Tahoe
Joint City Council & Planning Commission
Meeting Agenda
Tuesday, March 07, 2023 at 9:00 AM
City Hall - City Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Councilmember Wallace will be participating via teleconference from Springhill Suites, Conference Room, 195 Hegenberger Road, Oakland, CA 94621, a location accessible to the public.
City Council
City Council:
Cristi Creegan, Mayor
Cody Bass, Mayor Pro Tem
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Scott Robbins, Councilmember
Planning Commission:
Natalia Wieczorek, Chair
Gavin Feiger, Vice Chair
Keith Roberts, Commissioner
Seth Howard, Commissioner
Nick Speal, Commissioner
Mission of the City Council
The City was established to provide essential,
outstanding and cost-effective services that
enhance environmental sustainability, economic
vitality and the quality of life for our residents,
businesses and guests.
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, and via ZOOM at this link https://us06web.zoom.us/j/81402477119 A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk’s Office, (530) 542-6005 or [email protected] Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, 1 2
the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the “raise a hand” button.
If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 814 0247 7119 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak.
In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected].
When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Call to Order/Pledge of Allegiance
Roll Call
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
Regular-New Business
1. AB 1234 Ethics Training
Requested Action / Suggested Motions: Receive two hours of training in general ethics principles and ethics laws relevant to public service.
Presented by Heather Stroud, City Attorney, and Dan Bardzell, Assistant City Attorney Item 1 - Executive Summary.pdf
01-Presentation
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday, March 7, 2023 meeting of the Joint City Council and the Planning Commission was posted and available for review on 2 3
Thursday, March 2, 2023 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.
Signed March 2, 2023
\\sb\\
Susan Blankenship, Elected City Clerk
3 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 7, 2023
Agenda Item #: 1
Agenda Item: AB 1234 Ethics Training
Executive Summary: If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years.
Requested Action / Suggested Motions: Receive two hours of training in general ethics principles and ethics laws relevant to public service.
Presented by Heather Stroud, City Attorney, and Dan Bardzell, Assistant City Attorney Responsible Staff Member: Heather Stroud, City Attorney, and Dan Bardzell, Assistant City Attorney Reviewed and Approved By:
Susan Blankenship, City Clerk
Attachments:
01-Presentation
4 City of South Lake Tahoe
City Council and Planning Commission
PRESENTED BY
Heather Stroud, City Attorney
Daniel Bardzell, Assistant City Attorney
AB 1234 Ethics Training
5 Ethics
• General Principles
– What one ought to do
• Trustworthiness
• Responsibility
• Respect
• Loyalty
• Compassion
• Fairness
6 Agenda
Section 1: Personal Financial Gain by Public Servants
Section 2: Laws Relating to Claiming Perks of Office
Section 3: Government Transparency Laws
Section 4: Laws Relating to Fair Processes
7 Goals
Familiarize you with laws that govern your
service and when to ask questions
Encourage you to think beyond legal
restrictions
Satisfy your AB 1234 requirement
8 Section 1 Personal Financial Gain by
Public Servants
Bribery
Conflicts of Interest under the Political Reform Act
Contractual Conflicts of Interest (Gov. Code § 1090)
Conflicts of Interest and Campaign Contributions
Conflicts of Interest When Leaving Office
9 Bribery
• Elements of the crime
• A governmental official (elected, appointed,
employed) requests, takes, or agrees to take bribe
and
• Represents that the bribe would unlawfully influence
vote, decision, or opinion (express or implied)
• Must have corrupt intent that official duty would be
unlawfully influenced
• Bribe is “anything of value or advantage, present or
prospective”
Basic
Rules
10 Conflicts of Interest under the PRA
• Basic Rule
– Public officials have a disqualifying conflict of
interest under the Political Reform Act of 1974
when the decision
• Reasonably foreseeable and
• Material financial effect on economic interest
• Different from the public generally
• Official making / participating in making / influencing governmental decision
11 Purpose of Conflict Rules
• Public officials owe paramount loyalty to the
public.
• Personal or private financial interests should
not be allowed to enter into the decisionmaking process. 12 Recognizing and Seeking Advice
• The conflict rules are complex.
• Recognizing your own potential conflicts is
essential.
• Talk early with City Attorney’s Office.
• Consider seeking advice from FPPC when
economic interests may be affected by a
decision.
13 Conflicts of Interest under the PRA
• Four-Step Test
– Step 1: Is the financial effect on economic interest
“reasonably foreseeable?”
– Step 2: Is it “material?”
– Step 3: Is the effect on the official the same as on
the “public generally?”
– Step 4: When is the official “making, participating
in the making, or using his or her position to
influence” the governmental decision from which
the financial effects result?
14 Conflicts of Interest under the PRA
• Key Steps
– Economic Interests
• Business Investments - $2,000 or more
• Business Position – Director, Official, Partner, Employee • Real Property - $2,000 or more
• Sources of Income - $500 or more within 12 months
– Exception: government salary
• Sources of Gifts - $590 or more within 12 months
15 Conflicts of Interest under the PRA
• Key Steps
– Materiality Standards
• Different standards for different types of economic
interests
• For businesses, unless directly involved, look to
whether decision would impact stock price or business
value
– Public Generally
• Generally any decision that affects 25% of jurisdiction’s properties or businesses.
16 Conflicts of Interest under the PRA
• Recusal
– Public official with a disqualifying interest must:
• Publicly identify interest in sufficient detail
• Recuse self from discussions or acting on matter
• Leave room, unless matter on consent agenda
– Exception: May speak during public comment if
the interest is one’s personal interest
• This exception only applies during public meeting
17 Conflicts of Interest in Contracts
• Basic Rule (Gov Code § 1090)
– Prohibits public officials and employees from
having financial interests in contracts made by
them in their official capacities
• Applies Broadly
– Applies to renewals, extensions, oral contracts
– Financial interests in contracts is broadly
construed
18 Conflicts of Interest in Contracts
• City Council deemed to make all city contracts
– City Council members are deemed to have
participated in making all contracts of the city
except where an exception applies
– Contract prohibited whether member participates
or abstains in decision to award contract
– Employees can avoid prohibition by not
participating in the making of the contract
19 Conflicts of Interest in Contracts
• Remote Interest Exceptions
– Public official does not have an interest in contract if the interest is “remote” and if fact of the remote
interest is disclosed to the legislative body and
noted in official records
– Examples:
• Employee or officer of non-profit
• Landlord or tenant of contracting party
• Salary or per diem from a directly involved government department
20 Conflicts of Interest in Contracts
• Non-interest Exceptions
– Public official is deemed not interested and may
participate in making of the contract
– Examples:
Ownership of less than 3% of stock Salary or per diem from a non-directly involved government department
Spouse of officer/employee of public agency, if
the officeholding or employment has existed at
least one year prior to the spouse’s
election/appointment
Non-salaried member of nonprofit, with
disclosure and noting in records
21 Conflicts of Interest in Contracts
Consequences of Violations
– Contract is void and unenforceable
• Payments made to the contracting party must be
returned to the public agency
• Public agency may keep benefit of the contract
– Willful violations are criminal
• Permanently disqualified from holding office
– FPPC has jurisdiction and can issue fines
• Offering 1090 advice
22 Conflicts of Interest and Campaign
Contributions
• Basic Rule
– Public officials are disqualified from making a
decision involving a license, permit, or entitlement
for use if official has accepted a campaign
contribution exceeding $250 in preceding 12
months
• “Directly elected” exception
• Official may not accept a campaign contribution
exceeding $250 while an application is pending, and for three twelve months after the decision is made
23 Conflicts of Interest When Leaving
Office
• Lobbying Former Agency
– One year ban on lobbying former agency
– Applies to elected officials, city managers, county
executives, and general managers
– Applies only if compensated and representing another
person
• Decisions Involving Prospective Employers
– Public officials and employees are prohibited from
being involved in governmental decisions directly
relating to a prospective employer
24 QUIZ
• Question No. 1
– When is it legal to city councilmember to enter into a contract with the City?
a) If a third-party intermediary (e.g. real estate broker) is used
b) If councilmember discloses interest in advance and
abstains from voting
c) If councilmember receives only a small payment or gets less than fair market value
d) If councilmember is the best service provider available e) Never
25 QUIZ
• Question No. 2
– Your home is 700 feet from a project with a permit
on the upcoming agenda. You may participate in
this decision:
a) Because the homestead exemption applies
b) Because you have a month-to-month lease
c) Because your property is more than 500 feet from the project
d) For all of the reasons above
26 Section 1 Personal Financial Gain by
Public Servants
Bribery
Conflicts of Interest under the Political Reform Act
Contractual Conflicts of Interest (Gov Code § 1090)
Conflicts of Interest and Campaign Contributions
Conflicts of Interest When Leaving Office
27 Section 2 Laws Relating to Claiming
Perquisites of Office
Personal Financial
Limitations on the Receipt of Gifts
Honoraria Ban
Misuse of Public Funds
Prohibitions against gifts of public funds
Mass mailing restrictions
Prohibitions against acceptance of free or discounted transportation by transportation companies 28 Gifts
• Basic Rules
– Gift Limit Prohibition
• Public officials and employees may not accept gifts
from a single source during a calendar year in excess of $590
• Gifts in excess of limit from a single source during a 12 month period are disqualifying
• Gifts in excess of $50 from a single source must be
reported
29 Gifts
• What is a Gift?
– Anything of value that provides a personal benefit
for which the donor does not receive equivalent
consideration
• Includes rebates or discounts unless given in the
regular course of business to members of the public
30 Gifts
• What is a Gift?
– A gift is received when
• The public official has actual possession of the gift or • When the official takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person
– Give it back or donate it to charity
31 Gifts
Numerous Exceptions to Gift Rule
Gifts returned Disasterrelief provisions Reciprocal exchanges in a social relations Gifts donated to charity (without
claiming a deduction)
Travel and subsistence as part of
campaign activities
Personalized plaques or trophies valued
at less than $250
Gifts from family members Entrance to an event while performing a ceremonial role (includes one guest)
Bona fide date or dating relationship
Informational material Prizes received in a bona fide
competition
Acts of human compassion
Inheritance Benefits received as a guest while
attending a wedding
Gifts from long-term, close personal
friends
Home hospitality (w/some important
limitations)
Bereavement offerings
Leave credits Acts of neighborliness
32 Gifts
• Limitations on Receipt of Gifts
– Special Exceptions for Travel Payments
• Some payments are not subject to limits and not
reportable
– Payments by government agency or non-profit
• Others are not subject to limits but are reportable
• Travel rules are very specific; check with City Attorney if your travel will be paid for by a third party
33 Honoraria Ban
• Basic Rule
– Elected officials, city managers, city attorneys, and city treasurers may not accept any payment for:
• Giving a speech
• Publishing an article or
• Attending a public or private conference, convention, meeting, social event, meal or similar gathering
34 Honoraria Ban
• Exceptions
– Bona fide business (teaching, practicing law,
banking, medicine)
– Returned honorarium
– Donated to agency general fund
– Made directly to a bona fide non-profit
35 Misuse of Public Funds
• Basic Rule
– Public officials and employees may not use public
resources for private gain (whether financial or
political)
– Government cannot expend resources to promote
a partisan position in an election campaign, but it
can educate about ballot measures
– State law permits minimal/incidental use of
agency resources
36 Gifts of Public Funds
• Constitutional Prohibition
– Public agencies may not make gifts of public funds
– An expenditure is not a gift if it serves a public
purpose, even if it benefits a private party
– Legislative body’s determination of a public
purpose is given great deference
37 Mass Mailing Prohibition
• Basic Rule: May not be sent at public expense
– A “mass mailing” is:
• A tangible item sent or delivered to 200 or more people within a calendar month that “features” an elected
officer by:
– Including the photograph or signature, or
– Singling out the officer by the manner of display of name or office in the layout, such as by headlines, captions, type size, typeface, or type color
• For which the costs of design, production and printing exceed $50 and are paid with public moneys
38 Acceptance of Free or Discounted Travel
• From Travel Companies
– Public officers (not all employees) may not accept
free passes or discounts from a transportation
company
– One who accepts forfeits his/her office
– Prohibition does not apply to discounts offered to
the general public
39 QUIZ
• Question No. 3
– A business owner gives the Mayor a $75 gift card
to thank her for the City’s snow removal efforts.
To avoid having to report this gift, the Mayor
donates it to the City’s employee engagement
team to give to the employee of the month.
• Is this permissible?
40 QUIZ
• Question No. 4
– A councilmember wants to create a newsletter to
mail to her constituents. She asks the city
manager if city staff can help put it together and
wants to include photos from a recent council
meeting.
• Is this proper?
• What if the newsletter was e-mailed instead?
41 Section 2 Laws Relating to Claiming
Perquisites of Office
Personal Financial
Limitations on the Receipt of Gifts
Honoraria Ban
Misuse of Public Funds
Prohibitions against gifts of public funds
Mass mailing restrictions
Prohibitions against acceptance of free or discounted transportation by transportation companies 42 Section 3 Government Transparency
Laws
Economic interest disclosure under the Political
Reform Act
Brown Act
Public Records Act
43 Government Transparency Laws
Public Policy Considerations
• Right to access
• Brown Act has broad applicability.
– It covers all local agencies and broadly defines
“public meetings” and “legislative bodies”
– Broad public notice/participation requirements
44 Economic Interest Disclosure
• Under the Political Reform Act
– A Form 700 must be filed by enumerated public
officials including those listed in an agency’s
Conflict of Interest Code
– Filed upon taking office, leaving office, and on an
annual basis
– Requires disclosure of personal financial interests
– Public document
45 Behested Payments
• Payments to charity/government over $5000
from same source in calendar year
• Must be reported to FPPC within 30 days
• Triggered when official is coordinating or
requesting donations
46 Ralph M. Brown Act
• Gov Code § 54950 et seq.
47 Brown Act
• Open Meeting Requirements
– Elements
• (1) Meetings of (2) legislative bodies shall be (3) open and public
48 Meetings
Conferences Individual contacts
Community meetings Standing committees
Social or ceremonial occasions Meetings of other legislative bodies
49 Serial Meetings
• Examples:
• Daisy Chain
• Hub and spoke
• Does not prevent employees and
officials from engaging in separate
conversations outside of a meeting
provided that the comments or
positions of other members are not
communicated
Majority may not
use a series of
communications
to discuss,
deliberate or
take action on
any item of
business
50 Special Recommendations for E-Mail
• Avoid sending e-mails to the whole Council
– If necessary, provide information only.
– Do not solicit a response.
• Be careful replying to e-mails
– Do not communicate your position or make a
commitment on a pending matter.
– Do not direct a reply to a majority
• Think before sending any e-mail.
51 Special Rules for Social Media
• AB 992 effective 1/1/2021
• OK: Use social media platforms to answer
questions, provide info, and solicit info from
members of public
• NOT OK:
– Discuss public business with other
members of legislative body
– Block commenters
52 Legislative bodies
• What is a legislative body?
– Governing body
– Appointed body
– Standing committee
• What is not a legislative body?
– Temporary (ad hoc) committee if comprised of
less than a quorum
53 Brown Act
• Examples
• Real estate negotiations
• Pending or threatened litigation
• Initiation of litigation
• Personnel
• Labor negotiations
• Closed session discussions are confidential
• Required to public report certain actions
taken in closed session and vote tally
Closed
Sessions
54 Closed Session Confidentiality
• Disclosure of confidential information
prohibited unless legislative body authorizes
disclosure
– “Confidential information” means communication
made in closed session specifically related to the
basis for the closed session meeting. (Gov. Code
§54963(a)-(b))
55 Closed Session Reporting
Reporting out action and vote (Gov. Code §
54957.1):
• Real estate negotiations – final agreement
• Pending litigation
– Defend, appeal, amicus brief
– Settlements – final agreement
• Personnel actions – action and title of position
• Labor negotiations – final agreement
56 Agenda
• May only take action on items on posted agenda
– Posting requirements
• Regular meetings must be posted 72 hours before meeting • Special meetings 24 hours
– Exceptions
• Emergency
• Urgency
– Need for immediate action that came to the agency’s attention after posting on the agenda
57 Public Participation
• Public may speak regarding any matter within
the body’s jurisdiction
– Body can briefly respond and refer matters to
staff, but cannot take action
• Public can address the legislative body on
agendized matters before or during
consideration of the item
• Public has the right to make audio/video
recordings
58 Remote Participation
Traditional Brown Act rules
• Location listed on agenda 72 hrs in advance
• Location open to public
• Quorum within City
New Just Cause/Emergency rules (AB 2449)
• Just cause: caregiving, contagious, disability,
traveling for city business
• Emergency: personal emergency
59 Public Records Act
• Basic Rule
– Makes all non-exempt, state and local government
agency records in any form subject to public
inspection during office hours or copying upon
payment of duplication costs
– “Record” defined broadly
• Includes any tangible thing containing information
relating to the conduct of the public’s business
prepared, owned, used, or retained by any state or
local agency regardless of physical form or
characteristics
60 Public Records Act
• Duty to Assist Requestors
– Agencies are required to
• Assist the request to identify records and information that are responsive to the request or to the purpose of the request
• Describe the information technology and physical
location in which the records exist
• Provide suggestions for overcoming any practical basis for denying access to the records or information sought 61 Public Records Act
Exemptions
Drafts Pending litigation Personnel records
Medical, dental and other insurance
records
Closed session minutes and legal
memoranda and other materials
distributed in a closed session
Record protected by the attorney/client
privilege
62 QUIZ
• Question No. 5
– An applicant coming before the Planning
Commission has requested to speak to the
commissioners in closed session to explain their
personal medical reasons for needing a zoning
variance. Can the Planning Commission do this?
63 QUIZ
• Question No. 6
– You are unsure how to vote on an item at an
upcoming meeting and request information from
the City Manager. Should you:
a) Copy the email to the entire City Council
b) Forward the City Manager’s response to the rest of
the councilmembers
c) Only e-mail the City Manager
d) None of the above
64 Section 3 Government Transparency
Laws
Economic interest disclosure under the
Political Reform Act
Brown Act
Public Records Act
65 Section 4 Laws Relating to
Fair Processes
Common law bias prohibitions
Due process requirements
Doctrine of Incompatible Offices
Competitive bidding requirements for public contracts
Disqualifications from participating in decisions affecting family members (antinepotism laws) 66 Common Law Bias Prohibition
• Elements:
– A public officer must exercise the powers
conferred on him or her with disinterested skill,
zeal and diligence, and primarily for the benefit of
the public
– One cannot be tempted by personal or pecuniary
interest
– Applies to non-financial interests
– Disqualifies one from participating
67 Due Process Requirements
• Applies only to “quasi-judicial” matters (i.e.
those involving the application of existing
rules to a specific set of facts)
• “Procedural due process” gives those with a
property interest a right to:
– Notice and opportunity to be heard by a fair and
impartial decision maker
68 Ex Parte Contacts
• On quasi-judicial matters (land use permits
and appeals), beware ex parte contacts
• Best practice:
– Avoid
– Listen but do not engage
– Disclose and describe ex parte contacts and site
visits when item is called
– This allows other party to respond
69 Doctrine of Incompatible Offices
• Now codified at Gov. Code § 1099
• Elements
– A person may not hold two public offices
simultaneously (significant clash of duties).
– If the potential for conflict or overlap in the
functions or responsibilities in the office exist
• Forfeiture of first office
• Common law rule often overridden by statute
70 Incompatible Activities
• Elements (Gov. Code § 1126):
– Agency officers and employees shall not engage in
any employment, activity, or enterprise for
compensation which is inconsistent, incompatible,
in conflict with, or inimical to his/her duties
– Only applies if the local agency has adopted a
statement of incompatible activities
71 Anti-Nepotism Laws and Policies
• Disqualification from participating in decisions
affecting family members (anti-nepotism laws)
– Political Reform Act requires recusal when decisions
have a material impact on one’s spouse or dependent
children
– Common law bias will require recusal in many cases
• Jurisdiction’s own policies often limit
participation in matter affecting family members
72 Competitive Bidding Requirements
• Public works projects must be awarded to
lowest responsible bidder
– Generally, applies only to construction projects
• Purpose
– Not to protect bidders
– Guards against favoritism, fraud and corruption
– Prevents waste of public funds
– Seeks to obtain best economic result for the public
73 QUIZ
• Question No. 7
– A Planning Commissioner writes a letter to the
editor that is published in South Tahoe Now in
support of an affordable housing project. 3
months later, that project comes before the
Planning Commission for approval.
• Should the commissioner recuse himself?
74 QUIZ
• Question No. 8
– A STPUD Board member runs for City Council and
wins.
• Can she act in both positions?
75 QUESTIONS?
76 Thank you for attending.
Heather Stroud
City Attorney
[email protected]
Daniel Bardzell
Assistant City Attorney
[email protected]
77