HomeMy WebLinkAboutAGENDA REPORT 2019 1106 REG CCSA ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 6, 2019
ACTION Approved staff recommendation,
including adoption of Resolution No. 2019-
3858, rescinding Resolution No. 2017-
3619. BY B.Garza.
C. Consider Resolution Amending the Conflict of Interest Code of the City of Moorpark
and Rescinding Resolution No. 2017-3619. Staff Recommendation:
Adopt Resolution No. 2019-3858, rescinding Resolution No. 2017-3619.
ROLL CALL VOTE REQUIRED (Staff: Ky Spangler)
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ky Spangler, City Clerk
DATE: 11/06/19 Regular Meeting
SUBJECT: Consider Resolution Amending the Conflict of Interest Code of the
City of Moorpark and Rescinding Resolution No. 2017-3619
BACKGROUND AND DISCUSSION
The Political Reform Act, Government Code Section 87300, et seq. requires every state
and local government agency to adopt and promulgate a Conflict of Interest Code. The
City’s Conflict of Interest Code was last amended on September 6, 2017, when the City
Council adopted Resolution No. 2017-3619.
Since the time of the last update, the position of Human Resources Manager has been
created and added to the list of designated positions, and the Code Compliance
Supervisor position has been deleted. Additionally the Administrative Services
Department has been dissolved and incorporated into the City Manager’s Office, and
Information Technology personnel have been moved into the Finance Department,
requiring amendments of the City’s Conflict of Interest Code to incorporate these
changes.
Attached is a draft resolution, which would rescind Resolution No. 2017-3619, revise the
City’s Conflict of Interest Code to include an updated list of Designated Employees and
the Disclosure Categories, and incorporate by reference the terms of Title 2, Division 6,
California Code of Regulations, Section 18730, and any amendments to it as duly
adopted by the Fair Political Practices Commission (FPPC). The attached resolution
includes City, Successor Agency, and Successor Housing Agency of the
Redevelopment Agency of the City of Moorpark Designated Employees.
The City’s Conflict of Interest Code is intended to list all designated positions, even if
there is no current employee with that position title. The City’s Conflict of Interest Code
does not establish any disclosure obligation for the City Councilmembers, Planning
Commissioners, City Manager, City Attorney, and public officials who manage public
Item: 10.C.
206
Honorable City Council
11/06/2019 Regular Meeting
Page 2
investments (City Treasurer and Successor Agency Treasurer), as Government Code
Section 87200, et seq., requires such disclosure as a matter of state law.
FISCAL IMPACT
None.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2019-____, rescinding Resolution No. 2017-3619.
Attachment: Draft Resolution
207
ATTACHMENT
RESOLUTION NO. 2019-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE CONFLICT
OF INTEREST CODE OF THE CITY OF MOORPARK AND
RESCINDING RESOLUTION NO. 2017-3619
WHEREAS, the Political Reform Act, Government Code Section 87300, et seq.,
requires every state and local government agency to adopt and promulgate a Conflict of
Interest Code; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a
regulation which contains the terms of a standard model Conflict of Interest Code (Title
2, Division 6, California Code of Regulations, Section 18730), which can be
incorporated by reference, and which may be amended by the FPPC to conform to
amendments in the Political Reform Act after public notice and hearings conducted by
the FPPC pursuant to the Administrative Procedure Act, Government Code Sections
11370, et seq.; and
WHEREAS, the City Council has determined that the terms of Title 2, Division 6,
California Code of Regulations, Section 18730, and any amendments thereto duly
adopted by the FPPC, along with the attached Appendices A and B, accurately set forth
the City’s Conflict of Interest Code, including those positions which should be
designated, and the categories of financial interests which should be made reportable;
and
WHEREAS, the City Council has previously designated positions and disclosure
categories in Resolution No. 2017-3619, which now needs to be rescinded and an
updated Conflict of Interest Code adopted to revise the Administrative Services
Department title to read City Manager’s Office; add the existing Executive Secretary
position and the new position of Human Resources Manager to the City Manager’s
Office; delete and Code Compliance Supervisor and Economic Development and
Planning Manager from the Community Development Department; add Program
Manager to the Finance Department; move Information Systems Administrator,
Information Systems Manager, Information Systems Technician I, Information Systems
Technician II, and Senior Information Systems Analyst positions to the Finance
Department; and for consistency purposes add the Librarian Consultant to the Parks,
Recreation & Community Services Department.
WHEREAS, the positions listed in Appendix A have been determined to be
designated positions under the City’s Conflict of Interest Code, because the persons in
those positions make or participate in the making of decisions which may foreseeably
have a material effect on financial interests; and
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Resolution No. 2019-____
Page 2
WHEREAS, the City’s Conflict of Interest Code does not establish any disclosure
obligation for the City Councilmembers, Planning Commissioners, City Manager, City
Attorney, and Public Officials who Manage Public Investments (City Treasurer), as
Government Code Section 87200 et seq. requires such disclosure as a matter of state
law, nor does the City’s Conflict of Interest Code include a position which is solely
clerical, ministerial or manual, or any unsalaried member of a board or commission
which is solely advisory; and
WHEREAS, the City Council has determined that the attached Appendices
accurately set forth those positions which should be designated and categories of
financial interest which should be made reportable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of Title 2, Division 6, California Code of Regulations,
Section 18730, and any amendments thereto duly adopted by the FPPC are hereby
incorporated by reference and along with the attached Appendices A and B, in which
employees, officials, and consultants are designated and disclosure categories are set
forth, to constitute the Conflict of Interest Code for the City of Moorpark. If any of the
positions listed in Appendix A have a change of title, or if a position is transferred from
one City department or office to another, the filing requirement and disclosure category
shall remain the same until the next update of the City’s Conflict of Interest Code.
SECTION 2. Persons holding designated positions shall file a Statement of
Economic Interests pursuant to Section 4 of the Conflict of Interest Code (Title 2,
Division 6, California Code of Regulations, Section 18730). The City Clerk shall carry
out the duties of Filing Officer for the City Council, which is the Code Reviewing Body.
SECTION 3. Persons elected, appointed, or hired for a newly created position
not yet designated under the City’s Conflict of Interest Code, and who participate in
making government decisions, must file a Statement of Economic Interest pursuant to
Section 4 of the Conflict of Interest Code (Title 2, Division 6, California Code of
Regulations, Section 18734). The disclosure category for such positions shall be the
City’s broadest disclosure category until the City’s Conflict of Interest Code is amended
to include the new position.
SECTION 4. Resolution No. 2017-3619 is hereby rescinded.
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Resolution No. 2019-____
Page 3
SECTION 5. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of November, 2019.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
Attachments: Appendices A and B
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Resolution No. 2019-____
Page 4
APPENDIX A
The City’s Conflict of Interest Code does not establish any disclosure obligation for City Councilmembers,
Planning Commissioners, City Manager, City Attorney, and Public Officials who Manage Public
Investments (City Treasurer), as Government Code Section 87200 et seq., requires disclosure for these
positions as a matter of state law.
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
Designated Positions Disclosure Category
I. City Manager’s Office
1. Administrative Specialist 1
2. Administrative Services Director 1
3. Administrative Services Manager 1
4. Assistant City Manager 1
5. Assistant to the City Manager 1
6. Assistant to the City Manager/City Clerk 1
7. Assistant City Clerk 1
8. City Clerk 1
9. Deputy City Clerk I 2
10. Deputy City Clerk II 2
11. Deputy City Manager 1
12. Executive Secretary 1
13. Human Resources Analyst 3
14. Human Resources Assistant 3
15. Human Resources Manager 1
16. Human Resources Specialist 3
17. Management Analyst 1
18. Program Manager 1
19. Senior Human Resources Analyst 1
20. Senior Management Analyst 1
II. Community Development Department
1. Assistant Planner 1
2. Associate Planner I 1
3. Associate Planner II 1
4. Building Inspector Consultant 1*
5. Building Official Consultant 1*
6. Code Compliance Technician I 1
7. Code Compliance Technician II 1
8. Community Development Director 1
9. Community Development Technician 1
10. Construction Administrator Consultant 1*
11. Deputy Community Development Director 1
12. Economic Development and Housing Manager 1
13. Management Analyst 1
14. Planning Director 1
15. Planning Manager 1
16. Principal Planner 1
17. Program Manager 1
18. Senior Building Inspector Consultant 1*
19. Senior Housing Analyst 1
20. Senior Management Analyst 1
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Resolution No. 2019-____
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Designated Positions Disclosure Category
III. Finance Department
1. Accountant I 1
2. Accountant II 1
3. Budget and Finance Manager 1
4. Deputy Finance Director 1
5. Finance Director 1
6. Finance/Accounting Manager 1
7. Information Systems Administrator 4
8. Information Systems Manager 1
9. Information Systems Technician I 4
10. Information Systems Technician II 4
11. Management Analyst 1
12. Program Manager 1
13. Senior Account Technician 1
14. Senior Information Systems Analyst 4
15. Senior Management Analyst 1
IV. Parks, Recreation, and Community Services Department
1. Active Adult Center Coordinator 6
2. Active Adult Center Supervisor 6
3. Administrative Specialist 7
4. Community Services Manager 1
5. Community Services Technician 7
6. Facilities Technician 5
7. Irrigation Specialist 5
8. Landscape/Parks Maintenance Superintendent 1
9. Librarian Consultant 1*
10. Maintenance Specialist 5
11. Management Analyst 1
12. Parks and Facilities Supervisor 5
13. Parks and Landscape Manager 1
14. Parks and Recreation Director 1
15. Program Manager 1
16. Recreation Coordinator I 8
17. Recreation Coordinator II 8
18. Recreation Coordinator III 8
19. Recreation Leader IV 8
20. Recreation Services Manager 1
21. Recreation Specialist 8
22. Recreation Supervisor 8
23. Senior Maintenance Worker 5
24. Senior Management Analyst 1
25. Vector/Animal Control Specialist 9
V. Public Works Department
1. Assistant City Engineer 1
2. Assistant Engineer 1
3. Assistant Engineer Consultant 1*
4. Associate Civil Engineer 1
5. Associate Engineer Consultant 1*
6. City Engineer/Public Works Director 1
7. Civil Engineer Consultant 1*
8. Construction Inspector Consultant 1*
9. Management Analyst 1
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Resolution No. 2019-____
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Designated Positions Disclosure Category
10. Principal Engineer Consultant 1*
11. Program Manager 1
12. Public Works Director 1
13. Public Works Manager 1
14. Public Works Superintendent/Inspector 1
15. Public Works Supervisor 1
16. Public Works Technician 5
17. Senior Civil Engineer 1
18. Senior Engineer Consultant 1*
19. Senior Maintenance Worker 5
20. Senior Management Analyst 1
21. Traffic Engineer Consultant 1*
VI. Arts Commission Members 1
VII. Library Board Members 1
VIII. Parks and Recreation Commission Members 1
IX. Assistant City Attorney 1*
Police Chief 1*
Other Designated Consultants 1*1
Positions Not Yet Designated 1
X. Successor Agency and Successor Housing Agency of the Redevelopment Agency of the City of
Moorpark
1. Executive Director 1
2. Program Manager 1
3. Agency Counsel 1
4. Successor Agency Treasurer 1
XI. Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark
Members 1
* The Fair Political Practice Commission Regulation (2 California Code of Regulations Section 18700) defines “consultant” as an
individual who, pursuant to a contract with a state or 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) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the
specifications for such a contract;
(vi) Grant agency approval to a plan, design, report, study or similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties
for the agency that would otherwise be performed by an individual holding a position specified in the agency’s
Conflict of Interest Code.
Consultants shall be included in the list of designated positions and shall disclose pursuant to Category 1, subject to the
following limitation:
The City Manager may determine in writing that a particular consultant, although a “designated position,” 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 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 City Manager’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.
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Resolution No. 2019-____
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APPENDIX B
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES DESCRIPTION
Category 1
Any investment or interest in real property, any loan, any gift, or any income in which the
“designated employee” or spouse has an interest within the jurisdiction of the City of
Moorpark, as defined in this Code; and any investments in business entities or income from
sources which provide supplies, equipment or services of the type utilized by the
department or division for which the Designated Position is assigned.
*Disclosure by Consultants
Consultants shall be included in the list of designated positions and shall disclose pursuant
to Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a
“designated position,” 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 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 City Manager’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.
Category 2
Any investment in, or interest from, as defined by the Code, any person or business entity
which provides services, goods or equipment involving municipal elections, printing
services, records management, or preparation of minutes or transcripts.
Category 3
Any investment in, or income from, as defined by the Code, any person or business entity
which provides human resources and risk management related services, goods or
equipment, including but not limited to recruitment, testing, selection or placement,
temporary staffing, and insurance and other benefit programs.
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Category 4
Any investment in, or income from, as defined by the Code, any person or business entity
which provides services, goods or equipment involving purchasing of supplies, equipment,
or services, including but not limited to installation, maintenance or repair of City equipment
such as telephones, copiers, and computers, and purchasing of City office and computer
supplies, software and equipment.
Category 5
Any investment in, or income from, as defined by the Code, any person or business entity
which provides parks, recreation, building construction and maintenance supplies,
engineering, or public works related services, goods, or equipment, including but not limited
to maintenance of parks, landscaping, City-owned facilities/buildings, streets, and other
public right-of-way.
Category 6
Any investment in, or income from, as defined by the Code, any person or business entity
which provides services, goods, or equipment for seniors, including but not limited to
contract instructor services, and recreation and special event services and supplies.
Category 7
Any investment in, or income from, as defined by the Code, any person or business entity
which provides public transit, solid waste, recycling, or household hazardous waste related
services, goods or equipment, including but not limited to bus and taxi services, solid waste
franchise services, and household hazardous waste cleanup type services.
Category 8
Any investment in, or income from, as defined by the Code, any person or business entity
which provides parks and recreation related services, goods, or equipment, including but
not limited to contract instructor services, recreation and special event services and
supplies, playground equipment, day care and teen event services and supplies.
Category 9
Any investment in, or income from, as defined by the Code, any person or business entity
which provides vector and/or animal control related services, goods, or equipment.
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