HomeMy WebLinkAboutResolution No. 2020-C69RESOLUTION NO.2020-C69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974,
Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts
of interest which potentially affect all officers, employees and consultants of the City of Azusa (the
"City"), and which requires all public agencies to adopt and promulgate a conflict of interest
code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code") which
was amended on November 19, 2018, in compliance with the Act; and
WHEREAS, subsequent changed circumstances within the City have made it
advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the
City's Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are
substantial and may include criminal and civil liability, as well as equitable relief which could result
in the City being restrained or prevented from acting in cases where the provisions of the Act may
have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of
consideration by the City Council of, the proposed amended Code was provided to each affected
designated employee and was publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Code at a
regular meeting of the City Council on December 7, 2020, at which all present were given an
opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1. AMroval and Adoption ofAmended Conflict of Interest Code.
The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a
copy of which is attached hereto and shall be on file with the City Clerk and available to the public
for inspection and copying during regular business hours;
SECTION 2. Effective Date. The said amended Conflict of Interest Code
shall become effective immediately upon its adoption and approval.
45635.01000\33319353.1
PASSED, APPROVED and ADOPTED this 71h day of December, 2020.
Ro ert Genzales
Mayor
ATTEST:
J 4CIer
e Corn ej r.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2020-C69 was duly adopted by the City
Council of the City of Azusa at a regular meeting thereof held on the 7th day of December 2020, by
the following vote of the Council:
AYES: COUNCILMEMBERS: MACIAS, ALVAREZ, AVILA, MENDEZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GONZALES
J fr a Cornejo, Jr.
City Cler
APPROVED AS TO FORM:
Best Vest & Krieger, LP
City Attorney
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NOTICE OF INTENTION TO AMEND THE
CONFLICT OF INTEREST CODE OF THE
CITY OF AZUSA
NOTICE IS HEREBY GIVEN that the City of Azusa intends to amend its
Conflict of Interest Code (the "Code") pursuant to Government Code Section 87306.
The Appendix of the Code designates those employees, members,
officers, and consultants who make or participate in the making of decisions and are
subject to the disclosure requirements of the City's Code. The City's proposed
amendment adds new positions that must be designated, revises titles of existing
positions, deletes positions that no longer exist, include provisions for electronic filing by
certain filers, and clarifies disclosure requirements for interests in real property.
The proposed amended Code will be considered by the City Council on
December 7, 2020, at 7:30 p.m. at the Azusa Auditorium, 213 East Foothill Boulevard,
Azusa, California. The meeting will be conducted pursuant to the provisions of the
Governor's Executive Order N-29-20 dated March 17, 2020, and will be held
electronically only. Any interested person may be present electronically and comment
at the public meeting or may submit written comments concerning the proposed
amendment.
Any comments or inquiries should be directed to the attention of Adrian
Garcia, Chief Deputy City Clerk, City of Azusa, 213 East Foothill Boulevard, Azusa, CA
91702-2550; (626) 812-5271. Written comments must be submitted no later than
December 7, 2020, at 7:30 p.m.
Copies of the proposed amended Code may be obtained from the office of
the Chief Deputy City Clerk during regular business hours.
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LAW OFFICES OF
BEST BEST &
CONFLICT OF INTEREST CODE FOR THE
CITY OF AZUSA
(Amended December 7 2020)
The Political Reform Act (the "Act") (Gov. Code § 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. §
18730) that contains the terms of a standard conflict of interest code, which can be
incorporated by reference in an agency's code. After public notice and hearing
Regulation 18730 may be amended by the Fair Political Practices Commission to
conform to amendments in the Political Reform Act. Therefore, the terms of 2 California
Code of Regulations section 18730 and any amendments to it duly adopted by the Fair
Political Practices Commission are hereby incorporated by reference. This
incorporation page, Regulation 18730 and the attached Appendix designating positions
and establishing disclosure categories, shall constitute the conflict of interest code of
the City of Azusa (the "City").
The Mayor, Members of the City Council and Planning Commission, the City
Manager, the City Attorney and the City Treasurer, may electronically file their annual
statements of economic interests directly with the Fair Political Practices Commission.
All other officials and designated positions required to submit a statement of economic
interests shall file their statements with the City Clerk as the City's Filing Officer. The
City Clerk shall retain the original statements filed by all other officials and designated
positions and will make all retained statements available for public inspection and
reproduction during regular business hours. (Gov. Code § 81008.)
The City Clerk, as Filing Officer, is required to report violations of the Act to the
FPPC. Any individual who fails to file a Statement of Economic Interest is subject to
fines in accordance with Gov. Code § 91013 and, after being sent at least two written
notifications, will be reported to the FPPC in writing no later than 30 days after the date
of the second non -filer notification (Gov. Code § 18115).
All officials and designated positions required to submit a statement of economic
interests shall receive ethics training as required pursuant to Government Code section
53235 (AB 1234). The City's Filing Officer shall annually provide all filers with
information on training available to meet the requirements of Section 53235, and
maintain required records indicating the dates that filers satisfied the training
requirements and the entity that provided the training. These records shall be retained
for five years after the date of training and are public records subject to disclosure under
the California Public Records Act. (Gov. Code § 53235.2.)
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LAW OFFICES OF
BEST BEST &
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF AZUSA
(Amended December 7, 2020)
PART "A"
The Mayor, Members of the City Council and Planning Commission, the City
Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage
public investments as defined by 2 Cal. Code of Regs. § 18700.3, are NOT subject to
the City's Code but must file disclosure statements under Government Code section
87200 et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials
who manage public investments.' These positions are listed here for informational
purposes only.
Director of Administrative Services
Investment Consultant
Individuals holding one of the above -listed positions may contact the Fair Political Practices
Commission for assistance or written advice regarding their filing obligations if they believe that
their position has been categorized incorrectly. The Fair Political Practices Commission makes
the final determination whether a position is covered by § 87200.
App. A-1- BBK— September 2020
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LAW OFFICES OF
BEST BEST &
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION
ASSIGNED
Administrative Analyst
5
Adult Education and Literacy Services Coordinator
5
Assistant Chief Deputy City Clerk
5
Assistant City Manager
1,2
Assistant Director, Community Development
1,2
Assistant Director, Customer Care & Solutions
5
Assistant Director, Economic & Community Development
1,2
Assistant Director, Electric Operations
2, 3, 5, 8
Assistant Director of Public Works
2, 3, 5, 6, 8
Assistant Director, Resource Management
5
Assistant Director, Water Operations
2, 3, 5
Assistant Library Director
5
Assistant to the Director, Utilities/Principal
2, 3, 5
Policy and Budget Analyst
Assistant Planner
2, 3, 5, 6
Associate Planner
2, 3, 5, 6
Budget Analyst
5
Building Inspector 1/II
5,6
App. A-2- BBK— September 2020
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LAW OFFICES OF
a ccr, a ccr o_
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Building Official
Buyer
Chief Deputy City Clerk
Chief of Police
City Attorney (not filing under Gov Code 87200)
City Clerk
Community Improvement Inspector (ALL)
Community Improvement Manager
Community Improvement Supervisor
Controller
Customer Care Operations Supervisor
Deputy City Manager
Director, Community Resources
Director, Economic and Community Development
Director, Human Resources/Personnel Officer
Director, Information Technology/Library Services
Director, Public Works/City Engineer
Director, Utilities
Economic Development Specialist
Electric Distribution Supervisor
Electrical Engineer (ALL)
DISCLOSURE CATEGORIES
ASSIGNED
2,3,5,E
4
5
5,6
1,2
5
5,6
1,2
5,6
1
5
1,2
2,3,5
1,2
5
5
2, 3, 5
2,3,5,E
1
5
2, 3, 5
App. A-3- BBK— September 2020
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LAW OFFICES OF
M =C -r @ Cf'r 0-
DESIGNATED POSITIONS' DISCLOSURE CATEGORIES
TITLE OR FUNCTION
ASSIGNED
Emergency Services Coordinator
5
Engineering Assistant
2, 3, 5, 6
Engineering Associate
2, 3, 5, 6
Environmental Programs Manager
5
Equipment Mechanic Supervisor
5
Facilities Maintenance Foreman
5
Field Service Supervisor
5
Finance Manager
4
Human Resources Manager
5
Human Resources/Risk Management Analyst
5
Information Systems Manager
5
Information Technology (IT) Analyst
5
Information Technology Systems & Network Manager
5
Librarian
5
Library Services Manager
5
Management Analyst — Public Works
5
Planning Manager
2, 3, 5, 6
Police Administrative Services Manager (Civilian Position)
5
Police Captain
5,6
Police Communications Supervisor
5
Power Resources Coordinator
5
App. A-4- BBK — September 2020
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LAW OFFICES OF
r2 CC--T r2 =C r 0_
DESIGNATED POSITIONS'
DISCLOSURE CATEGORIES
TITLE OR FUNCTION
ASSIGNED
Principle Civil Engineer
2, 3, 5, 6
Public Information Officer
5
Public Works Inspector
3,6
Public Works Manager
2, 3, 5
Public Works Superintendent
2, 3, 5, 8
Public Works Supervisor
2, 3, 5, 8
Recreation Coordinator
5
Recreation Superintendent — Operations & Parks
2,5
Recreation Superintendent — Programs & Services
5
Recreation Supervisor
5
Revenue Supervisor
5,6
Senior Accountant
5
Senior Information Technology Analyst
5
Senior Librarian
5
Senior Management Analyst
5
Senior Management Analyst — Administration
5, 7
Senior Planner
2, 3, 5, 6
Senior Power Resources Planner
5
Storekeeper
4
Street Maintenance Crew Supervisor
5
Transit Supervisor
1,2
App. A-5- BBK — September 2020
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LAW OFFICES OF
r2 cC -r r2 rc-r 0-
DESIGNATED POSITIONS'
TITLE OR FUNCTION
Urban Forester
Utilities Administrative & Financial Services Manager
DISCLOSURE CATEGORIES
ASSIGNED
A
Utilities Communications & Environmental Programs Specialist 5
Utility Applications Specialist 5
Utility Programs Specialist 1,2
Water Distribution Supervisor 5
Water Production Supervisor 5
Water System Engineer 2, 3, 5, 6
MEMBERS OF BOARDS
COMMISSIONS AND COMMITTEES
Architectural Barriers Commission
2, 3, 5, 6
Cultural & Historic Preservation Commission
2, 3, 5
Library Commission
2, 3, 5
Oversight Board of Successor Agency
1,2
Parks & Recreation Commission
2, 3, 5
Personnel Board
5
Successor Agency
1,2
Consultants and New Positions2
Individuals serving as a consultant as defined in FPPC Reg 18700.3 or in a new position created
since this Code was last approved that makes or participates in making decisions must file under
the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is
more appropriate to assign a limited disclosure requirement. A clear explanation of the duties
and a statement of the extent of the disclosure requirements must be in a written document.
(Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). 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. (Gov. Code Sec. 81008.)
App. A-6- BBK — September 2020
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LAW OFFICES OF
f2 CCT r2 C['T 0-
PART "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic
interests that the designated position must disclose for each disclosure category to
which he or she is assigned.3 "Investment" means financial interest in any business
entity (including a consulting business or other independent contracting business) and
are reportable if they are either located in or doing business in the jurisdiction, are
planning to do business in the jurisdiction, or have done business during the previous
two years in the jurisdiction of the City.
Cate -gory 1: All investments and business positions in business entities, and sources of
income, including gifts, loans and travel payments, that are located in, do business in,
or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or
not more than two (2) miles outside, the jurisdiction of the City, including any leasehold,
beneficial or ownership interest or option to acquire property.
Category : All investments and business positions in business entities, and sources of
income, including gifts, loans and travel payments, that are engaged in land
development, construction or the acquisition or sale of real property within the
jurisdiction of the City.
Category : All investments and business positions in business entities, and sources of
income, including gifts, loans and travel payments, that provide services, products,
materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments and business positions in business entities, and sources of
income, including gifts, loans and travel payments, that provide services, products,
materials, machinery, vehicles or equipment of a type purchased or leased by the
designated position's department, unit or division.
Category : All investments and business positions in business entities, and sources of
income, including gifts, loans and travel payments, subject to the regulatory, permit, or
licensing authority of the designated position's department, unit or division.
Category 7: All investments and business positions in business entities, and sources of
income, including gifts, loans and travel payments, or income from a nonprofit or other
organization, if the source is of the type to receive grants or other monies from or
through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency's
jurisdiction if the source does not have some connection with or bearing upon the functions or
duties of the position. (Reg. 18730.1)
App. B-1- BBKSeptember 2020
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LAW OFFICES OF
Q cVr 92 Ccr 0_
Category 8: All investments and business positions in business entities, and sources of
income, including gifts, loans, and travel payments, that have filed claims against the
District in the past 2 years, or have a claim pending before the District.
App. B-2- BBK — September 2020
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