HomeMy WebLinkAboutE-09 - Staff Report - Azusa-RMC Joint Powers Authority Conflict of Interest CodeCONSENT ITEM
E-9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: MARCO MARTINEZ, CITY ATTORNEY
LOUIE F. LACASELLA, MANAGEMENT ANALYST
DATE: APRIL 17, 2017
SUBJECT: APPROVAL OF AZUSA-RMC JOINT POWERS AUTHORITY RESOLUTION NO.
2017-03, ADOPTING A CONFLICT OF INTEREST CODE FOR THE AUTHORITY
SUMMARY:
Last year, the City of Azusa and the Rivers and Mountains Conservancy established a new public
agency, the Azusa-RMC JPA (“Authority”), which officially came into existence on December 7, 2016.
The Authority will long-term manage approximately 201 acres of Azusa hillside open space property.
The California Political Reform Act (the “Act”) requires all state and local government agencies to
adopt a conflict of interest code establishing the rules for reporting personal assets and prohibiting
personal financial conflicts of interest when making or participating in the making of any decisions. A
new agency must have a conflict of interest code in place no later than 6 months after it comes into
existence, giving the Authority a deadline of June 7, 2017.
The Authority Board adopted this Code at its March 23, 2017 meeting. However, under the Act, the
City of Azusa is the Authority’s Code-reviewing body. The proposed action approves a Resolution
adopting a Conflict of Interest Code for the Authority.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)Approve Azusa-RMC Joint Powers Authority Resolution No. 2017-03 adopting a Conflict of
Interest Code for the Authority, as the Authority’s Code-reviewing body.
DISCUSSION:
Last year, the City of Azusa and the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy established a new public agency, the Azusa-RMC Joint Powers Authority (“Authority”).
With the final signing of the joint powers agreement, the Authority officially came into existence on
December 7, 2016. The Authority will long-term manage approximately 201 acres of Azusa hillside
APPROVED
CITY COUNCIL
4/17/2017
Azusa-RMC JPA Conflict of Interest Code
April 17, 2017
Page 2 of 2
open space property which Rosedale Land Partners transferred to the City under the 2004 Development
Agreement for the Rosedale project.
The California Political Reform Act (the “Act”) requires all state and local government agencies to
adopt a conflict of interest code establishing the rules for reporting personal assets and the prohibition
from making or participating in the making of any decisions that may affect any personal assets. A
conflict of interest code must specifically designate all agency positions, except for those listed in
Government Code section 87200, that make or participate in the making of agency decisions which may
foreseeably have an effect on any financial interest of that person, and assign specific types of personal
assets to be disclosed that may be affected by the exercise of powers and duties of that position. A new
agency must have a conflict of interest code in place no later than 6 months after it comes into existence,
giving the Authority a deadline of June 7, 2017.
Attached is a proposed Conflict of Interest Code (“Code”) for the Authority (Attachment 1). This Code
incorporates the Fair Political Practices Commission Regulation 18730 by reference as the provisions of
the Code with an Appendix attached designating positions that make or participate in making decisions
of the Authority with appropriately assigned disclosure categories in Part “A,” and lists the disclosure
categories to be assigned in Part “B.” This is commonly referred to as the “FPPC Standard Code”.
Because the Authority has limited scope and personnel, the proposed Code is reasonably simple and
straightforward.
The Authority Board adopted this Code without amendment at its March 23, 2017 meeting by a 5-0
vote. Under the Act (Government Code §§ 82011 & 87303), the City of Azusa is the Authority’s Code-
reviewing body. As such, the Authority’s Code cannot go into effect until the City Council has also
reviewed and approved it. Staff recommends that the Council approve the Code as proposed.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Prepared by: Reviewed and Approved:
Marco Martinez Louie F. Lacasella
City Attorney Management Analyst
Reviewed and Approved:
Troy L. Butzlaff, ICMA-CM
City Manager
Attachments:
1) Proposed Azusa-RMC JPA Conflict of Interest Code
2) Azusa-RMC JPA Resolution 2017-03