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Home My WebLink AboutR42-Economic Developement ('~r~}l(>;' \~/\l~ i I :~-:'.' ;1 -, .. , <, . ~..II\I\..j .\it-'IL ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REOUEST FOR COMMISSION ACTION From: Emil A. Marzullo Interim Executive Director Subject: Conflict of Interest Code Commission Meeting: 10/06/08 Date: September 5, 2008 Synopsis of Previous Commission/Council/Committee Action(s): 11/6/06 On November 6, 2006, the Community Development Commission adopted Resolution No. CDC/2006-48 titled: "Resolution... amending Resolution No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424,5507,5560, CDC/2000-44, CDC/2001-51, and CDC/2004-41) entitled in part, "Resolution. . . adopting a Conflict of Interest Code. . .," by amending Appendix A to add, delete and change the titles of various positions within the Economic Development Agency of the City of San Bernardino which must file Conflict of Interest Statements. Recommended Motion: (Community Development Commission) Th" Mid ,"0010"00 be 'dOP'~ Emil A. Marzullo Interim Executive Director Contact person: I=mil A ~A<l"'711l1n Project Area(s): None Phone: RR'\-??77 Ward(s): FUNDING REQUIREMENTS: Amount: Source: (Accl. No.) Budget Authority: N/A Commission Notes: Rest:) C/; <!.-/ dC)c..JC}- 87 I COMMISSION MEETING Meeting Date: 10/06/2008 Agenda Item NoR l{ 2- {D-lI- OS ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO STAFF REPORT On July 18, 2008, the City Clerk sent notice to the Economic Development Agency requesting that the Agency review and update its Conflict of Interest Code as required by the Political Reform Act. The proposed changes have been reviewed by Agency Counsel Sabo and City Clerk Rachel Clark, and they have prepared the necessary amendment as reflected in Appendix A of the attached resolution. Old titles and/or deleted positions are designated by a strike-through. New titles and/or added positions are shown in bold. Please note the following additional changes: · The first page of the Code provides definitions for "Designated Positions" and "Consultant" · The Telecommunications Division has been included in the Agency's Code since it is now administered by the Agency · The Community Television Commission and Mobile Home Board, which are administered by EDA staff, have now been included in the Agency's Code It is recommended that the Community Development Commission adopt the attached resolution. COMMISSION MEETING Meeting Date: 10/06/2008 Agenda Item No: R L{l (O"fI.-Of; RESOLUTION NO. C0[91[ I 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE 4 CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AMENDING RESOLUTION NO. 4420 (AS 5 AMENDED BY RESOLUTION NOS. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDC/2000-44, CDC/2001-51, CDC/2004-41, and CDC/2006-48) ENTITLED, IN PART, 6 "RESOLUTION. . . ADOPTING A CONFLICT OF INTEREST CODE. . . ," BY 7 AMENDING APPENDIX A TO ADD, DELETE AND CHANGE THE TITLES OF VARIOUS POSITIONS WITIDN THE REDEVELOPMENT AGENCY OF THE CITY 8 OF SAN BERNARDINO WIDCH MUST FILE CONFLICT OF INTEREST STATEMENTS. 9 10 THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES II HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 12 13 14 15 16 17 18 SECTION 1. Appendix A of Community Development Commission Resolution No. 4420, as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDC/2ooo-44, CDC/2oo1-51, CDC/2004-41, and CDC/2oo6-48 is further amended by deleting therefrom Appendix A and by substituting therefor a revised Appendix A as attached hereto and incorporated herein by reference. SECTION 2. The findings and determinations herein shall lie final and conclusive. 19 This resolution shall take effect upon the date of its adoption. 20 21 22 23 24 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of . 2008, by the following vote, to wit: 25 IIIII 26 27 28 IIIII IIIII IIIII I 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO, AMENDING RESOLUTION NO. 4420, ENTITLED, IN 3 PART, "RESOLUTION. . . ADOPTING A CONFLICT OF INTEREST CODE. . .," BY AMENDING APPENDIX A TO ADD, DELETE AND CHANGE THE TITLES OF 4 VARIOUS POSITIONS WITHIN THE REDEVELOPMENT AGENCY. 5 COMMISSIONERS NAYS AYES 6 7 ESTRADA 8 BAXTER 9 BRINKER 10 11 12 13 14 15 16 17 18 DERRY KELLEY JOHNSON McCAMMACK The foregoing resolution is hereby 19 20 21 22 ,2008. 23 Approved as to form: 24 25 By: ~0/U- Timothy J. ~bo 26 Agency Counsel 27 28 2 ABSTAIN ABSENT Emil A. Marzullo, Secretary approved this /;. day of Patrick J. Morris, Chairman Community Development Commission ECONONnCDEVELOPMENTAGENCY CONFLICT OF INTEREST CODE APPENDIX "A" Desi2llated Positions are those positions within the Economic Development Agency who may exercise independent judgment and make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest. Consultant* means 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 Im;erest Code. Individuals holding designated positions shall file their statements with the City of San Bernardino City Clerk's Office, which will make the statements available for public inspection and reproduction. (Government Code Section 81008.) * "Consultants" are required to file an assuming office statement of economic interests within 30 days of effective date of contract and a leaving office statement within 30 days of end of contract. [Government Code Section 87302(b).] 1 ECONOMIC DEVELOPMENT AGENCY CONFLICT OF INTEREST CODE DESIGNATED POSITIONS DESIGNATED POSITIONS RECOMMENDED CATEGORIES Accounting Manager Assistant Project Manager Construction Management Specialist Depllty Direetor/Direetor, HOllsing & CSHllIU:lnity DeveleflmeBt Deputy Director Director, Administrative Services Director of Housing & Community Development Enterprise Zone/Economic Development Project Manager Executive Director Marketing/Public Relations Manager Project Manager Real Property Manager Senior Arlmini.trative Real Estate Analyst Senior Finance Administrative Analyst Senior Urban Planner Consultant All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Ca,tegories All Categories All Categories All Categories All Categories All Categories All Categories All Categories All Categories Telecommunications / CAT" Teehnieal Ceefamater Broadcast Engineering Coordinator Video Prodlletiea Coordinator Production Coordinator I, 2, 4, 5 & e 1,2,4,5 & 6 1,2,4,5&e I, 2, 4, 5 & 6 2 DESIGNATED BOARDS/COMMITTEES/COMMISSIONS All members of the following boards/comminees/commissions must file Statements of Economic Interests. NAME RECOMMENDED CATEGORIES Community Television Commission All Categories Mobile Home Board All Categories // 3 Disclosure Category I: (Schedule A-I) Disclosure Category 2: (Schedule A-2) Disclosure Category 3: (Schedule B) Disclosure Category 4: (Schedule C) Disclosure Category 5: (Schedule D) Disclosure Category 6: (Schedule E) CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Investments in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2000 or more; and ownership interest is less than 10 percent. Investments, Income, and Assets of Business Entities/Trusts in which you, your spouse or registered domestic partner, or your dependent children had a 10 percent or greater interest, valued at $2000 or more during the reporting period. Interests in real property located within the jurisdiction of the City of San Bernardino in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2000 or more during the reporting period; rental income and loans. Income, Loans, and Business Positions - Gross income and your community property interest in your spouse's or registered domestic partner's gross income totaling $500 or more received from any source located in or doing business within the jurisdiction of the City of San Bernardino; job title or business. position you held with a business entity (drrector, officer, partner, trustee, employee, or any management position) during the reporting period; and loans received or outstanding during the reporting period from a source located in or doing business within the jurisdiction of the City of San Bernardino. Gifts - reportable if fair market value is $50 or more; or multiple gifts totaling $50 or more received during the reporting period from a single source. TraveJ. payments, advances and reimbursements. Note: Please refer to the schedule Instruction pages, which are included with the Fonn 700, 'for additional information. 4