Agenda Item No. 14
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manage>�/
Kimberly Everts, Deputy Rent Administrator/Records Technician CMC v
FOR: City Council Meeting of August 8, 2022
SUBJECT: Biennial Review of City's Conflict of Interest Code RECOMMENDATION:
That City Council:
Receive and file the 2022 Local Agency Biennial Notice for the City of Yucaipa and the Successor Agency to the Yucaipa Redevelopment Agency; and
2. Review the proposed amendments to the City's Conflict of Interest Code; and Adopt Resolution No. 2022-44, amending the City's Conflict of Interest Code and rescinding Resolution No. 2020-57.
DISCUSSION:
The Political Reform Act ("Act") requires that public agencies adopt a Conflict of Interest Code (code). A code designates positions required to file Statements of Economic Interests (Forin 700) and assigns disclosure categories specifying the types of interests to be reported. It is required that cities amend their code during even numbered years to reflect the creation of new positions, deletion of positions, changes in any titles, as well as any changes made to the Act. Additionally, the City is required to complete and execute copies of the 2022 Local Agency Biennial Notice review form and maintain the form on file with the City Clerk's Office indicating that this review has been conducted for the City and the Successor Agency to the Yucaipa Redevelopment Agency.
Since the codes were last amended in September 2020, City staff has reviewed the codes for the City and the Successor Agency to the Yucaipa Redevelopment Agency. The code for the Successor Agency requires no amendments at this time; however, the following changes have occurred in the City's reporting schedules:
Modify the title of the following Reporting Categories:
• Finance Manager was changed to Accounting Manager (recommend keeping disclosure category the same - 1)
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Remove the following Reporting Categories:
• Public Works Inspector/Technician (position eliminated) • Special Projects & Maintenance Engineer (position eliminated) Add the following Titles and Reporting Categories:
• Assistant City Manager (recommend disclosure category 1) • Construction Engineer (recommend disclosure category 3, 4, 5) • Emergency Services Coordinator/Community Liaison (recommend disclosure category 3, 4, 5)
• Public Information Officer/Grants Coordinator (recommend disclosure category 3, 4, 5) • Senior Accountant (recommend disclosure category 1)
Pursuant to the Act a designated employee is an officer, employee, member, or consultant of an agency whose position is designated in the code because the position entails the making or participation in the making of governmental decisions that may foreseeably have a material effect on his or her financial interest. Elected City Councilmembers, appointed Planning Commissioners, the City Manager, City Attorney, Assistant City Manager/City Clerk, and Director of Finance are not included on the List of Designated Positions as these individuals are governed under Government Code Section 87200 and have full disclosure requirements.
FISCAL IMPACT:
There is no fiscal impact associated with approval and adoption of this resolution.
Attachments: 2022 Local Agency Biennial Notices (City of Yucaipa and Successor Agency to the Yucaipa Redevelopment Agency)
Resolution No. 2022-44
Appendix A to Resolution No. 2022-44
Appendix B to Resolution No. 2022-44
Approved by: `
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2022 Local Agency Biennial Notice
Name of Agency: City of Yucaipa
Mailing Address:
Contact Person
34272 Yucaipa Blvd. Yucaipa CA 92399
Jennifer Crawford
Email: [email protected]
Phone No
Alternate Email
909-797-2489, ext. 236
[email protected]
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 BO)Q:
An amendment is required. The following amendments are necessary:
(Check all that apply.)
0 Include new positions
❑ Revise disclosure categories
0 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)
❑ The code is currently under review by the code reviewing body. ❑ 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.
www.fppc.ca.gov
FPPC Advice: advice cDfppc.ca.gov (866.275.3772)
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2022 Local Agency Biennial Notice
Name of Agency: Successor Agency to the Redevelopment Agency Mailing Address: 34272 Yucaipa Blvd. Yucaipa CA 92399
Contact Person
Jennifer Crawford
Email: [email protected]
Phone No. 909-797-2489, ext.236
Alternate Email: [email protected]
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 BOA:
❑ 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)
❑ The code is currently under review by the code reviewing body. 0 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.
www.fppc.ca.gov
FPPC Advice: advice(d,)fppc.ca.gov (866.275.3772)
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RESOLUTION NO.2022-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST
CODE AND RESCINDING RESOLUTION NO 2020-57.
WHEREAS, the City of Yucaipa City Council previously adopted Resolution No. 2020- 57, adopting the model Conflict of Interest Code set forth in Section 18730 of the California Code of Regulations; and
WHEREAS, by this Resolution, the City is adopting a new updated Conflict of Interest Code; and
WHEREAS, the City Council desires to add positions that must be designated; revise the titles of existing positions; and delete titles of positions that have been eliminated and/or positions that no longer make or participate in making governmental decisions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yucaipa does hereby find, determine and declare as follows:
1. Resolution No. 2020-57 is hereby rescinded.
2. 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 Cal. Code of Regs. Section 18730, which contain the terms of a standard Conflict of Interest Code, which can be incorporated by reference and may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs.
Section 18730 and any amendments thereto duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A in which public officials and employees are designated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Yucaipa, which is considered the "agency" within the purview of this code.
3. Designated officials and employees shall file their statements with the City Clerk, who shall be and perform the duties of filing officer for the City of Yucaipa. Statements will be retained by the City and will be available for inspection and reproduction pursuant to Government Code Section 81008.
4. Pursuant to the Political Reform Act, a person holding a designated position listed in this Conflict of Interest Code that violates any provisions of this Code is subject to administrative, criminal and civil sanctions provided in the Political Reform Act. In addition, if a person who holds a designated position makes, participates in making or otherwise attempts to use his or her official position to influence a decision of the Agency in which he or she has a financial interest, -168-
he or she may also be subject to additional administrative, criminal and civil sanctions and the decision may be set aside and voided pursuant to Government Code Section 91003.
PASSED, APPROVED AND ADOPTED on this Bch day of August 2022.
ATTEST:
Jennifer Crawford, City Clerk
David Avila, Mayor
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APPENDIX A
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
POSITIONS
DISCLOSURE
CATEGORIES
Accountant
3,4,5
Accounting Manager
1 Assistant City Engineer
1 Assistant City Manager
1 Assistant Planner
1 Associate Engineer
3,5
Building Official
1 Code Enforcement Officer
3,4,5
Consultants
6 Director of Community Services
1 Director of Development Services/City Engineer
1 Housing and Economic Development Analyst
3,4,5
Information Systems Manager
1 Information Systems Production Supervisor
3,4,5
Mobilehome Rent Review Commission
1 Planning Mana er/Ci Planner
1 Public Works Analyst
3,4,5
Construction Engineer
3,4,5
Public Works Manager
3,4,5
Senior Accountant
1 Senior Code Enforcement Officer
3,4,5
Senior Executive Assistant/Human Resources Analyst
1 The Mayor, Members of the City Council and Planning Commission, the City Attorney, City Manager, Director of Finance, and all other City Officials who manage public investments as defined by 2 Cal. Code of Regs. §18701 (b) are not subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et. Seq.). [Regs. § 18730(b)(3)]
Attachment to Resolution No. 2022-44
https://yucaipa.sharepoint.com/sites/GeneralServices/Shared Documents/General Services —City Clerk/a AGENDA REPORTS/JC Agenda Reports/Conflict of Interest/2022 Conflict of Interest Code Update, Staff Report/App. A Designated Employee Filers 2022.docx
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APPENDIX B
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business positions, sources of income (including gifts, loans and travel payments), or real property, which the designated positions must disclose for each disclosure category to which he or she is assigned.
1. Full Disclosure — Interests in real property located within the City or within two miles of the boundaries of the City or within two miles of any land owned or used by the City, as well as investments, business positions and sources of income, including gifts, loans and travel payments.
2. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B)
3. Reportable income, loans and business positions. (Form 700, Schedule C)
4. Reportable investments. (Form 700, Schedules A-1 and A-2)
5. Reportable gifts and travel gifts. (Form 700, Schedules D and E.)
6. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this Code for that staff position.
The following disclosure categories shall be used for consultants who do not serve in a staff capacity:
Persons required to disclose in this category shall disclose pursuant to categories 2, 3, 4 and 5 above unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories 2, 3, 4 and 5. 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 City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this code.
Attachment to Resolution No. 2022-44
https:Hyucaipa.sharepoint.com/sites/GeneralServices/Shared Documents/General Services City Clerk/@ AGENDA REPORTS/JC Agenda Reports/Conflict of Interest/2022 Conflict of Interest Code Update, Staff Report/App B Disclosure Categories 2022.docx
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