HomeMy WebLinkAboutAGENDA REPORT 2018 0801 CCSA REG ITEM 10JCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 8/1/2018
ACTION Approved staff
recommendation
BY M. Benson
J. Biennial Review of Conflict of Interest Code. Staff Recommendation: 1)
Authorize the City Manager as Chief Executive Officer to sign the 2018 Local
Agency Biennial Notice; and 2) Receive and file the Notice.
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM; Maureen Benson, City Clerk
DATE: 08/01/2018 Regular Meeting
SUBJECT: Biennial Review of Conflict of Interest Code
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
and further requires a biennial review The City’s Conflict of Interest Code was last
amended on September 6, 2017, when the City Council adopted Resolution No. 2017-
3619 (Attachment 1). Since the time of the last update, there have been no changes
requiring an amendment of the City’s Conflict of Interest Code.
The Fair Political Practices Commission has prepared a 2018 Local Agency Biennial
Notice form (Attachment 2) to submit to the City Council as the code reviewing body for
the City of Moorpark’s Conflict of Interest Code.
The current Conflict of Interest Code does not require updating at this time as it is not
over five years since the last code update; there have not been any substantial changes
to the agency’s organizational structure; no positions have been eliminated nor any new
positions added; and no substantial changes in duties or responsibilities for any
positions have been approved since the last code update.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1) Authorize the City Manager as Chief Executive Officer to sign the 2018 Local
Agency Biennial Notice.
2) Receive and file the Notice.
Attachments: Resolution No. 2017-3619
2018 Local Agency Biennial Notice
Item: 10.J.
356
RESOLUTION NO. 2017-3619
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. 2015-3439
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. 2015-3439, which now needs to be rescinded and an
updated Conflict of Interest Code adopted to: add Community Services Manager to
replace Recreation/Community Services Manager, Program Manager to replace
Economic Development and Housing Manager, Information Systems Administrator in
place of Information Systems Analyst, and move Vector/Animal Control Specialist to
Parks, Recreation, and Community Services Department, and add new positions for
Deputy Community Development Director, Deputy Finance Director, Economic
Development and Housing Manager, Economic Development and Planning Manager,
Public Works Manager, and Senior Housing Analyst as designated positions.
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
ATTACHMENT 1
357
Resolution No. 2017-3619
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. 2015-3439 is hereby rescinded.
358
Resolution No. 2017-3619
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 September, 2017.
ce S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachments: Appendices A and B
2cx-
359
Resolution No. 2017-3619
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.Administrative Services Department
1.Administrative Specialist 1
2.Administrative Services Director 1
3.Administrative Services Manager 1
4.Assistant City Manager 1
5.Assistant to City Manager 1
6.Assistant to 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. Human Resources Analyst 3
13. Human Resources Assistant 3
14. Human Resources Specialist 3
15. Information Systems Administrator 4
16. Information Systems Manager 1
17. Information Systems Technician I 4
18. Information Systems Technician II 4
19. Management Analyst 1
20. Program Manager 1
21. Senior Human Resources Analyst 1
22. Senior Information Systems Analyst 4
23. Senior Management Analyst 1
II.Community Development Department
1.Administrative Services Manager 1
2.Assistant Planner 1
3.Associate Planner I 1
4.Associate Planner II 1
5.Building Inspector Consultant 1*
6.Building Official Consultant 1*
7.Code Compliance Supervisor 1
8.Code Compliance Technician I 1
9.Code Compliance Technician II 1
10. Community Development Director 1
11. Community Development Technician 1
12. Construction Administrator Consultant 1*
13. Deputy Community Development Director 1
14. Economic Development and Housing Manager 1
15. Economic Development and Planning Manager 1
16. Management Analyst 1
17. Planning Director 1
18. Planning Manager 1
360
Resolution No. 2017-3619
Page 5
Designated Positions Disclosure Category
19. Principal Planner 1
20. Program Manager 1
21. Senior Building Inspector Consultant 1*
22. Senior Housing Analyst 1
23. Senior Management Analyst 1
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.Senior Account Technician 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.Maintenance Specialist 5
10. Management Analyst 1
11. Parks and Facilities Supervisor 5
12. Parks and Landscape Manager 1
13. Parks and Recreation Director 1
14. Program Manager 1
15. Recreation Coordinator I 8
16. Recreation Coordinator II 8
17. Recreation Coordinator III 8
18. Recreation Leader IV 8
19. Recreation Services Manager 1
20. Recreation Specialist 8
21. Recreation Supervisor 8
22. Senior Maintenance Worker 5
23. Senior Management Analyst 1
24. 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
10. Principal Engineer Consultant 1*
361
Resolution No. 2017-3619
Page 6
Designated Positions Disclosure Category
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*
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
Xl. 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.
362
Resolution No. 2017-3619
Page 7
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.
363
Resolution No. 2017-3619
Page 8
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.
364
Resolution No. 2017-3619
Page 9
STATE OF CALIFORNIA
COUNTY OF VENTURA ss.
CITY OF MOORPARK
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2017-3619 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th
day of September, 2017, and that the same was adopted by the following vote:
AYES:Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES:None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 11th day of September,
2017.
Maureen Benson, City Clerk
seal)
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f. Rg
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www.fppc.ca.gov
FPPC Advice: advice@fppc.ca.gov (866.275.3772)
Page 1 of 1
2018 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
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 BOX):
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.
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 maki ng 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 1, 2018, 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.
ATTACHMENT 2
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