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CC 2024-09-24_09e Conflict of Interest Biennial ReviewItem 9.e. MEMORANDUM TO: City Council FROM: Jessica Matson, Director of Legislative & Information Services/ City Clerk SUBJECT: Conflict of Interest Code Biennial Review and Resolution Amending the City of Arroyo Grande Conflict of Interest Code DATE: September 24, 2024 RECOMMENDATION: Adopt a Resolution approving an amended Conflict of Interest Code for designated positions. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no fiscal or personnel impacts as a result of the proposed action. BACKGROUND: The California Political Reform Act requires every local government agency to adopt a Conflict of Interest Code (“COI Code”). The COI Code designates positions within the City required to file Statements of Economic Interests and assigns disclosure categories specifying the types of financial interests to be reported. Further, the Political Reform Act contains specific provisions setting forth any circumstances under which designated positions or categories of designated positions must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Certain officials, including the Mayor, members of the City Council, candidates for City offices, members of the Planning Commission, City Manager, City Attorney, and City Treasurer are not governed by the City’s Conflict of Interest Code as they are all otherwise statutorily required to file disclosure statements pursuant to Government Code Section 87200 (commonly known as “87200 filers”). The City’s COI Code and list of designated positions supplement those statutory requirements by including employees, consultants, and members of City advisory bodies who are not 87200 filers. It is important to note that the list of designated positions includes members of the Successor Agency of the Dissolved Arroyo Grande Redevelopment Agency. Because the City Council also serves as board members of this authority, members of the Council are required to include this Page 56 of 117 Item 9.e. City Council Conflict of Interest Code Biennial Review and Resolution Amending the City of Arroyo Grande Conflict of Interest Code September 24, 2024 Page 2 position on their Statements of Economic Interest Form 700 when filing their disclosure statements. ANALYSIS OF ISSUES: In 1987, the City adopted the State’s standard Conflict of Interest Code by refer ence which, along with the Appendix of Designated Positions and the Appendix of Disclosure Categories, constitutes the City of Arroyo Grande COI Code. Under the Political Reform Act, local agencies are required to review its COI Code biennially to determine whether the COI Code is accurate, or if revisions are needed due to organizational changes, including the creation of new positions, elimination of positions, position title changes, and/or relevant changes in the duties assigned to existing positions. The City’s COI Code was last updated in September 2022. A review of the designated positions has been completed and it has been determined that a revision to the City’s Conflict of Interest Appendix of Designated Positions is required at this time. In January 2023, the City Council adopted Resolution 52 52 (Attachment 2) approving a salary classification for an Assistant Projects Manager position in the Public Works Department. On October 25, 20221, the City Council modified the Community Service Grant Program Committee to consist of five members appointed by each City Council Member, to serve as an advisory body to the City Council. It is recommended that these changes be reflected in the City’s COI Code to ensure that it is current and accurate, including the addition of the Assistant Projects Manager position and Community Service Grant Program Committee Member to the list of designated filers. Staff has completed the biennial review of the current COI Code and has determined that no other amendments are necessary at this time. The City's COI Code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions; and the COI Code includes all other provisions required by Government Code Section 87302. 1https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=daf4a55f -3372-4f03-befd- 73a68a6bd231&Agenda=PostMinutes&lang=English Page 57 of 117 Item 9.e. City Council Conflict of Interest Code Biennial Review and Resolution Amending the City of Arroyo Grande Conflict of Interest Code September 24, 2024 Page 3 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution approving an amended Code for designated positions 2. Modify and adopt the Resolution; or 3. Provide other direction to staff. ADVANTAGES: Adoption of the proposed Resolution will meet the requirements of the Political Reform Act concerning biennial review of the City’s COI Code. DISADVANTAGES: There are no identified disadvantages related to adoption of the proposed Resolution. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Resolution (with Redline) 2. Resolution 5252 Page 58 of 117 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS WHEREAS, the Political Reform Act of 1974 (California Government Code Sections 81000 et seq.,) requires that governmental entities in the State of California adopt and promulgate a Conflict of Interest Code; and WHEREAS, in 1987 the City of Arroyo Grande adopted a standardized Conflict of Interest Code, incorporating by reference the terms of Title 2 of the California Code of Regulations, Sections 18730 et seq., which contain the terms of a Standard Conflict of Interest Code; an Appendix of Designated Positions listing employees, officials, and consultants who make or participate in the making of decisions that may foreseeably have a material effect on their economic interests, and an Appendix of Disclosure Categories assigned to the Designated Positions; and WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to determine if it is accurate and up-to-date or, to make amendments to the Code when necessitated by changed circumstances; and WHEREAS, certain positions within the City of Arroyo Grande have been added, or removed which requires the Conflict of Interest Code to be amended; and WHEREAS, the City Council has determined that the attached Appendices, marked Exhibit “A” and Exhibit “B”, respectively, both of which are incorporated herein by this reference, accurately set forth those positions which should be designated and categories of economic interests which should be disclosed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The above recitals are true, correct, and are incorporated herein by reference. 2. The City’s “Appendix of Designated Positions” is hereby amended and replaced in its entirety with Exhibit “A”, attached hereto and incorporated herein by this reference. 3. The City’s “Appendix of Disclosure Categories,” attached hereto as Exhibit “B” and incorporated herein by this reference, is hereby approved. BE IT FURTHER RESOLVED that the terms of 2 California Code of Regulations Sections 18730 et seq., duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference and with the attached Exhibits “A” & “B” shall constitute the Conflict of Interest Code of the City of Arroyo Grande. Page 59 of 117 RESOLUTION NO. PAGE 2 BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 5223 adopted September 27, 2022. On motion of Council Member __________, seconded by Council Member _________________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 24th day of September, 2024. Page 60 of 117 RESOLUTION NO. PAGE 3 _______________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ________________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _______________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: _______________________________________ ISAAC ROSEN, CITY ATTORNEY Page 61 of 117 RESOLUTION NO. PAGE 4 CONFLICT OF INTEREST CODE FOR THE CITY OF ARROYO GRANDE 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 California Code of Regulations Section 18730, which 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, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of Title 2 of the California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached a ppendices, Exhibit “A” and Exhibit “B”, in which positions are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Arroyo Grande, which is considered the "agency" within the purview of this code. Designated employees, committees, commissions, boards, and consultants shall file statements of economic interests with the City Clerk of the City of Arroyo Grande, who shall be and will perform the duties of filing officer for the City of Arroyo Grande and who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Upon receipt of the statements of those positions designated in Government Code Section 87200 (members of the City Council and Planning Commission, City Manager, City Attorney, and City Treasurer), the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements of all other designated positions will be retained by the City Clerk in accordance with State law. Page 62 of 117 RESOLUTION NO. PAGE 5 EXHIBIT "A" APPENDIX OF DESIGNATED POSITIONS The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position:2 Disclosure Category: Management Analyst 1, 3 Assistant City Manager/Public Works Director 1, 2, 3 Capital Improvement Project Manager 1, 2, 3 Utilities Manager 1, 3 Public Works Manager 1, 3 Public Works Supervisor 1, 3 Assistant Projects Manager 1, 3 Director of Community Development 1, 2, 3 Planning Manager 1, 2, 3 Associate Planner 1, 2, 3 Assistant Planner 1, 2, 3 City Engineer 1, 2, 3 Senior Engineer 1, 2, 3 Associate Engineer 1, 2, 3 Assistant Engineer 1, 2, 3 Engineering Inspector 1, 2, 3 Building Official 1, 2, 3 Building and Fire Safety Inspector 1, 2, 3 Director of Legislative and Information Services/City Clerk 1, 3 Information Technology Manager 1, 3 Deputy City Clerk/Communications Coordinator 1, 3 Police Chief 1, 2, 3 Police Commander 1, 2, 3 Director of Administrative Services 1, 2, 3 Accounting Manager 1, 3 Human Resources Officer 1, 3 Director of Recreation Services 1, 2, 3 Assistant City Attorney 1, 2, 3 Deputy City Attorney 1, 2, 3 Architectural Review Committee Member 1, 2, 3 Downtown Parking Advisory Board Member 1, 2, 3 Tourism Business Improvement District Board Member 1, 2, 3 Community Service Grant Program Committee Member 1, 2, 3 Successor Agency Board Member 1, 2, 3 Consultants3 Determined on case by case basis Exempt Officials4 1, 2, 3 2 In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this Ex hibit shall be changed to include the designated position and category of each official as required by said amendment. 3 Consultants: An individual is a consultant if the person 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 a person holding a position specified or that should be specified in the City’s Conflict of Interest Code. The City Manager and/or the City Attorney may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties th at are limited in scope and thus is not required to fully comply with the disclosure requirements described herein. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the ext ent of disclosure requirements. The City Manager’s and/or the City Attorney’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. 4 Exempt Officials include the Mayor, Members of the City Council, candidates for City offices, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer who are all otherwise required to file disclosure statements pursuant to State Law. Page 63 of 117 RESOLUTION NO. PAGE 6 EXHIBIT “B” APPENDIX OF DISCLOSURE CATEGORIES CATEGORIES OF DISCLOSURE FOR DESIGNATED POSITIONS The following shall be the categories of disclosure covered by this Policy: 1. Investments California Fair Political Practices Committee (“FPPC”) Form 700, Schedules A-1 and A-2 2. Interests in Real Property FPPC Form 700, Schedule B 3. Income & Business Positions FPPC Form 700, Schedule C, D, and E The officials and employees covered by this policy shall each disclose the categories 1, 2, and 3 as designated herein above set forth. Page 64 of 117 RESOLUTION NO. 5252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITYWIDE COMBINED SALARY SCHEDULE WHEREAS, the City Council desires to amend the Citywide Combined Salary Schedule and establish a pay schedule for the position of Full-Time Assistant Projects Manager; and WHEREAS, the Five Cities Fire Authority {FCFA) Board of Directors approved salary adjustments for FCFA Management and part-time unrepresented employees in Fiscal Year 2022-23; and WHEREAS, pursuant to the terms of the Joint Exercise of Powers Agreement that created the FCFA, all FCFA employees are employees of the City of Arroyo Grande. As a result, the City's Salary Schedule must be amended to incorporate the salary adjustments approved by the FCFA Board of Directors; and WHEREAS, publicly available pay schedules are required to comply with California Code of Regulations {CCR) Section 570.5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1.The revised Citywide Combined Salary Schedule, attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. 2.This Resolution and the salaries contained in Exhibit A shall constitute a publicly available pay schedule as required by Government Code Section 20480. Pursuant to CCR 570.5, shall be immediately accessible and available for public review during the City's normal business hours. 3.This salary schedule shall be effective immediately on the date of the adoption of this Resolution. This Resolution and the salary schedule contained herein shall be retained by the City in its official records on a permanent basis. On motion of Council Member Barneich, seconded by Council Member George, and by the following roll call vote, to wit: AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was approved this 10th day of January, 2023. ATTACHMENT 2 Page 65 of 117 Page 66 of 117 Page 67 of 117 Page 68 of 117 Page 69 of 117 Page 70 of 117 Page 71 of 117 Page 72 of 117 Page 73 of 117 Page 74 of 117