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RESOLUTION (ID#2117) DOC ID: 2117 O CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Information/Report From: City Clerk M/CC Meeting Date: 12/17/2012 Prepared by: Linda Hartzel, (909) 384-5002 Dept: City Clerk Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency Amending Resolution No. 2010-395,Appendix A,Regarding the City's Conflict of Interest Code. Financial Impact: None. Motion: Adopt the Resolution. Synopsis of Previous Council Action: December 20,2010 -The Mayor and Common Council adopted Resolution No. 2010-395, adopting a new Conflict of Interest Code for the City. Backaround: The Political Reform Act requires every local government agency to review its Conflict of I Interest Code biennially to determine if it is accurate and up-to-date; or alternatively, whether the v Code must be amended. In 2009, the Fair Political Practices Commission (FPPC) notified us that there were a number of areas of the Code which should be amended. Therefore, in 2010 representatives from the City Attorney's Office and the City Clerk's Office made preliminary recommendations on disclosure categories for positions on each departments' organizational chart. Subsequently, the City Clerk's staff met with each department head, or a representative, to confirm that the disclosure categories that had been identified fit the position for the designated filers, as well as to identify any positions that should be added or deleted from the list of designated filers. In addition, standard language was added to the Code indicating that the 87200 filers are listed in the Code 1 for informational purposes only and new disclosure categories were created. The City 1 Attorney's Office then prepared a resolution that brought the City's Conflict of Interest Code up to date. Resolution No. 2010-395 was adopted by the Mayor and Common Council on December 20, 2010. This year, following notification by the FPPC regarding the biennial update of the Code, the City Clerk's Office notified each department of the need to amend our list of designated positions. Department heads submitted their proposed changes which included position title changes and any positions that have been deleted and/or added within their respective departments. Titles that are shown in bold are those that are being added to the list of designated filers at the request of the respective department heads. If it is the result of a change in titles, an explanation is O provided at the bottom of that department's list of positions. Old titles and/or deleted positions are designated by a strike-through. Updated: 12/5/2012 by Linda Sutherland 2117 Since the City's code reviewing body, the Mayor and Common Council, has determined that the City is the Successor Agency for the Redevelopment Agency(Economic Development Agency), the code amendments contained in Appendix A now cover the positions of the former Agency (see page 17 of Appendix A). Also, when the Code was updated in 2010, the Board of Water Commissioners was inadvertently dropped from the list of designated boards/committees/commissions and it has now been placed back on the list (see page 18 of Appendix A). It is recommended that the Mayor and Common Council adopt the form motion. City Attorney Review: Sunuortin¢Documents: Reso 2117 (PDF) 2012 Draft Amended Appendix A (PDF) CITY DISCLOSURE CATEGORIES-2 (DOC) Updated: 12/5/2012 by Linda Sutherland RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AND THE MAYOR AND COMMON COUNCIL ACTING AS 3 THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. 2010-395, APPENDIX A OF THE CITY'S CONFLICT OF 4 INTEREST CODE. 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE 7 REDEVELOPMENT AGENCY, AS FOLLOWS: v 8 SECTION 1. Resolution No. 2010-395, Appendix A, is amended as set forth in ° U 9 N Appendix A attached hereto and incorporated herein as though set forth in full. 10 w 11 ° 12 c U 13 //// `° v C 14 $ 15 16 17 N 18 H d (Y 19 d s 20 ° 21 22 23 24 25 /Ill 26 27 28 Packet Pg. 112' 7.A.a ( RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AND THE MAYOR AND COMMON COUNCIL ACTING AS 2 THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AMENDING RESOLUTION NO. 2010-395, APPENDIX A OF THE CITY'S CONFLICT OF 3 INTEREST CODE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino and the Mayor and Common Council 6 Acting as the Successor Agency to the Redevelopment Agency at a 7 meeting thereof,held on the_day of , 2012,by the following vote,to wit: 8 0 U 9 Council Members: AYES NAYS ABSTAIN ABSENT w v 10 MARQUEZ w 0 11 JENKINS .2 w 12 O VALDIVIA w 13 ° d 14 SHORETT Q 15 KELLEY 16 JOHNSON N r 17 MCCAMMACK N O 18 19 d 20 Georgeann Hanna, City Clerk u 21 The foregoing Resolution is hereby approved this day of ,2012. a 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney ® 27 i By: 28 J Packet Pg. 113 7.A.b OCONFLICT OF INTEREST CODE—APPENDIX A RECOMMENDED DESIGNATED POSITIONS CATEGORIES v 0 v City Attorney's Office d Assistant City Attorney 1 w City Attorney Investigator 1 ° Deputy City Attorney I 1 —° Deputy City Attorney II 1 0 Deputy City Attorney III 1 Deputy City Attorney IV 1 ,° Senior Assistant City Attorney 1 Senior Deputy City Attorney 1 L Supervising City Attorney Investigator 1 N © C O .N d 2' Q X C N O. CL Q d C d E Q w t0 D N N N G d E U U Q OAppendix A—Amended 12/03/2012 1 Packet Pg. 114 RECOMMENDED DESIGNATED POSITIONS CATEGORIES City Clerk's Office v 0 U ssist City Clerk 1 m-�cxTT y City Clerk 1 ate` Business Registration Supervisor 1 0 0 v w 0 0 U 0 O d R a N r C O N d Q X C d Q Q a d d E a 0 N N N C d E L V m M Q © Appendix A—Amended 12/03/2012 2 Packet Pg. 175 Z.A.b O RECOMMENDED DESIGNATED POSITIONS CATEGORIES City Manager's Office v v Assistant City Manager 1 L) Assistant to the City Manager 2,3 r-vf Manage Coo unieations 2 Management Analyst It/Assistant 6 w of the City Manager o v w c 0 U w O d w R a N r ® C O .y d Q K r C d a CL Q a v v c E m 0 N O N a C d E L U R a Appendix A—Amended 12/03/2012 3 Packet Pg. 116 7.A.b RECOMMENDED DESIGNATED POSITIONS CATEGORIES Civil Service c U Civil Service Board Chief Examiner 2,6 w O Human Resources Analyst 2,6 ,a` c w 0 Y U_ w c O U w O d Y a a N O C O .y d Q X_ C d Q Q Q d C d E a x 0 N O N c N E r v R Y Y Q Appendix A—Amended 12/03/2012 4 Packet Pg. 117 7.A.b O RECOMMENDED DESIGNATED POSITIONS CATEGORIES Community Development v 0 Administrative Analyst I 1 U Administrative Analyst II 1 v Administrative Services Supervisor 1 Director of Community Development 1 ` w Assistant Planner 1 0 Associate Planner 1 w Building Inspection Supervisor 1 0 Building Inspector I 1 U d Building Inspector II 1 Building Inspector III 1 v Building Official 1 Code Enforcement Division Manager 1 ,, Deputy Director/City Planner 1 N Code Enforcement Officer I 1 Code Enforcement Officer II 1 Construction Inspector I/NPDES 1 0 N Construction Inspector II/NPDES 1 Development Services Technician 1 Engineering Assistant I 1 a Engineering Assistant II 1 x'o Engineering Assistant III 1 a Engineering Associate 1 a Mobile 1:I fae hispeeter 1 Planning Aide 1 Plans Examiner 1 E Senior Civil Engineer 1 ¢ Senior Code Enforcement Officer 1 Senior Planner 1 N Senior Plans Examiner 1 °o Supervising Code Enforcement Officer 1 N Weed Abatement Coordinator 1 m E U a Appendix A—Amended 12/03/2012 5 Packet Pg. 118 7.A.b RECOMMENDED DESIGNATED POSITIONS CATEGORIES Council Office c U Executive Staff Assistant to the City Council 1 d m Y c w 0 v w c 0 U w O N Y Q r t N r O d Q X V C N O. a Q n m v c d E a x 0 N O N Y C d E s v m Y Y Q Appendix A—Amended 12/03/2012 6 PacketPg. 119 RECOMMENDED DESIGNATED POSITIONS CATEGORIES Finance Department c U Director of Finance 2,6 N d Accounting Manager 2,6 Deputy Director/Budget Manager 2,6 Purchasing Manager 2,6 ° v w c O U w O d A a O. r N N r C O N d Q X C d O. CL Q a m v c d E Q x m 0 N O N w C d E r U A Y Q © Appendix A—Amended 12/03/2012 7 PacketPg. 720 7.A.b RECOMMENDED DESIGNATED POSITIONS CATEGORIES Fire Department 6 0 U Fire Chief 1 d Battalion Chief I 4 Captain—Lead Arson Fire Investigator 1 EodeEnfereement Of eef 11 Community Fire Risk Reduction Supervisor 1 Deputy Fire Chief 1 0 Emergency Medical Services Coordinator 6 Emergency Services Manager 3,6 d Fire Captain I a Fire Equipment Maintenance Supervisor 6 D Fire Plans Marshal I Fire Y- )immner4ystems ' N Fire Prevention Officer I Fife Preventien Seper�iser ' Fire Prevention Technician 1 0 N QI Note: The Code Enforcement Officer II position is now under the Community Q x Development Department. v The title of the Fire Prevention Supervisor position was changed to Community a Fire Risk Reduction Supervisor °- a m r c d E w m 0 N O N C d E t U tL r Q Appendix A—Amended 12/03/2012 8 Packet Pg. 121 O RECOMMENDED DESIGNATED POSITIONS CATEGORIES Human Resources Department c U M vkFcc ter of Human R cS6HrEES y Human Resources Manager 6 Risk Manager 6 c Senior Workers' Compensation Adjuster 6 ° Aerkers' Gmpensi34;on Manager 6 v Workers' Compensation Adjuster 6 w 0 m i A v a r N r C L O `wJ N d a X C d C D. a 'O C d E x R 0 N O N V C d E s u M a Appendix A—Amended 12/03/2012 9 PacketPg. 122=; '7.A.b RECOMMENDED DESIGNATED POSITIONS CATEGORIES Information Technology c U Applications Development Manager 6 Direeter of infi3fmation Teehnalegy 5,6 Y v GIS Administrator 6 c w IT Operations Supervisor 6 0 Public Safety IT Manager 6 Senior Network Administrator 6 0 0 m Y A C CL N C O N d a x a CL CL a a d E a in N r O N r N E L V A Y Y a ® Appendix A—Amended 12/03/2012 10 n Packet Pg. 123 7.A.b ; O RECOMMENDED DESIGNATED POSITIONS CATEGORIES Library m 0 T hikarrAmnaaStm4iye Supen,iser 6 O U Library Director I v Library Information Technology Manager 6 Y c w 0 u .c O U w O O w R V O. r r N O N O1 a X C Gf O. O. a d E a 0 N O N C d E s R a Appendix A—Amended 12/03/2012 11 Packet Pg. 124 7A:b RECOMMENDED DESIGNATED POSITIONS CATEGORIES Mayor's Office c U Assistant to the Mayor 1 d Chief of Staff ] d c w 0 ; w c 0 U w O d a G r r 04 N r r O .y d Q X 9 C N O. 6 Q 4) d C d E a x R 0 N 0 N C d E z v m Appendix A—Amended 12/03/2012 12 Packet Pi:„x s 7.A.b RECOMMENDED DESIGNATED POSITIONS CATEGORIES Parks,Recreation & Community Services Department o U Administrative Analyst 1 Adfnir&4afive Sefviees Manager ' d Arborist/Tree Trimmer Supervisor 2,6 —` w Director of Parks, Recreation&Community Services 1 ° Center for Individual Development Manager 2,6 Community Recreation Manager 2,6 Community Recreation Program Supervisor 2,6 W Community Recreation Program Supervisor(Soccer) 6 ,° Deputy Direeter 1 Human Services Program Manager 2,6 C Landseape Maintenanee DistfietSupeFViser 2,6 , PeAs Constmetien Supen4ser 2,6 fflas-A4siiiteaanee Superviser 2,6 Parks Maintenance Division Manager 1 Parks Superintendent 1 4 Recreation Division Manager 1 Retired& Senior Volunteer Program Manager 2,6 W Senior Companion Program Manager 2,6 a x a C Ol Q Note: a The Administrative Services Manager position was downgraded to Administrative a Analyst. The Deputy Director position was downgraded to Recreation Division Manager. d The Landscape Maintenance District Supervisor position was transferred to the a Public Works Department. 0 N O N r N E L U Q Appendix A—Amended 12/03/2012 13 Packet Pg. 126 O RECOMMENDED DESIGNATED POSITIONS CATEGORIES Police Department v 0 U Administrative Analyst II—Finaneial Unit 1 Asset Forfeiture Specialist 1 d Assistant Chief of Police ] w Chief of Police 1 ° M Police Captain 1 ° w Police Lieutenant 1 0 U 0 0 m io v CL T r N C O An d Q x s C Q CL a Q a m v c m E x ° 0 N O N C d E 0 0 m M Q S Appendix A—Amended 12/03/2012 14 Packet Pg. 127' 7.A.b RECOMMENDED DESIGNATED POSITIONS CATEGORIES Public Works Department d 0 Administrative Analyst II 1 c°v Administrative Services Supervisor 1 Assessment District/Real Property Manager 1 d City Engineer 1 —` w Engineering Assistant 1 3,6 ° Engineering Assistant II 3,6 ; w Construction Inspector 1 3,6 0 Geas!&uefiea laspeeter-11 3,6 U 0 Construction/Survey Manager 3,6 ,° Deputy Director/Maintenance Services 1 Director of Public Works 1 r Engineering Associate 3,6 T Environmental Projects Manager 1 Equipment Maintenance Manager 2,5,6 Equipment Maintenance Supervisor 2,5,6 4 Fleet Services Division Manager 2,5,6 HVAC Supervisor 2 Integrated Waste Division Manager 1 a Integrated Waste Field Inspector 1 Integrated Waste Operations Manager I Integrated Waste Operations Supervisor 1 a Landscape Maintenance District Supervisor 2,6 ao Maintenance Supervisor 1 Principal Civil Engineer 3,6 a Real Property Specialist 1 Senior Civil Engineer 3,6 0 senkBr Easted:an 2 N 0 Sewer Maintenance Supervisor 1 N Street Signal/Lighting Supervisor 1 Traffic Engineering Associate 3,6 E Traffic Operations Systems Analyst 3,6 Note: The Landscape Maintenance District Supervisor was transferred to the Public Works Department from the Parks, Recreation and Community Services Department Appendix A—Amended 12/03/2012 15 Packet Pg. 128 RECOMMENDED DESIGNATED POSITIONS CATEGORIES Water Department o U General Manager 1 Administrative Services Manager 1 Assistant Purchasing Agent 1 w Deputy General Manager 1 ° Director, Finance 1 U Pir-eeter,1;.wir-,... ae«tal and Regulatory 7 0 Gempliane Director,Water Reclamation 1 ,° Director,Water Utility 1 Electrical,Instrumentation, and SCADA 5,6,7 C Superintendent r Engineering Manager 1 Environmental Control Officer 5,6,7 Principal Engineer 1 Purchasing Agent 1 Regulatory and Compliance Manager 1 Speeiel PFojeets Ge -dater Water Reclamation Maintenance 5,6,7 a Superintendent Water Reclamation Operations 5,6,7 a Superintendent a Water Utility Distribution Superintendent 5,6,7 v Water Utility Operations Superintendent 5,6,7 Water Utility Water Quality Control Officer 5,6,7 E x L N O N C d E s U t0 Q Appendix A—Amended 12/03/2012 ' 16 © Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency RECOMMENDED DESIGNATED POSITIONS CATEGORIES v 0 U N d AeeeufAing Manager- ` m CATV/IEMG Broadcast Engineering Coordinator 2 c w Chief Financial Officer 1 v w Deptity 1 0 Director Housing/Community Development 1 U ;meet `eF-oniswatiae gerviees ` 0 Pireeter of afketiegropeeialEvexts 6 Exeeutimp.Dir-eeter- Ufiaer CE)Htraet ' CL Finaneial Analyst Mar4etifig r ilia Relations Manager ` Project Manager 4 N Senior Administrative Analyst Real Estate 4 $eaiOr U3 as Planner n c 0 N d a x DESIGNATED BOARDS/COMMITTEES/COMMISSIONS 0 CL CL Oversight Board for the City of San Bernardino as 1 Successor Agency to the Redevelopment Agency of the City of San Bernardino E a x 0 N O N C v E t V A a GAppendix A—Amended 12/03/2012 17 PacketPg. 130 ODESIGNATED BOARDS/COMMITTEES/COMMISSIONS All members of the following boards/committees/commissions must file Statements of Economic Interests. RECOMMENDED NAME CATEGORIES 0 U Board of Building Commissioners I Civil Service Board 1 d Fine Arts Commission 1 ` w Bureau of Franchises 1 0 Handicap Accessibility Appeals Board 1 Board of Library Trustees 1 0 Mobile Home Board 1 U w Board of Police Commissioners 1 0 Board of Water Commissioners 1 Q N Consultant 0 Consultants shall be included in the list of designated employees and shall disclose > pursuant to the broadest disclosure category in the code subject to the following limitation: a x v The Mayor may determine in writing that a particular consultant, although a d "designated position,"is hired to perform a range of duties that is limited in scope and a thus is not required to fully comply with the disclosure requirements described in this v 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 E requirements. The Mayor's determination is a public record and shall be retained for a public inspection in the same manner and location as this conflict of interest code. 0 N O N C d {_ L U R a Appendix A—Amended 12/03/2012 18 Packet Pg. 131 APPENDIX B C CITY OF SAN BERNARDINO DISCLOSURE CATEGORIES Disclosure Categories are identified below by number. Following each Disclosure Category is a description of the personal economic interests which the Designated Employee must disclose when assigned that Disclosure Category. When a financial interest is identified, reporting of the interest is made ^y through the timely filing ofFPPC Form 700. The FPPC Form 700 contains multiple schedules. To meet 'a 0 the reporting requirement for a single Disclosure Category, the Designated Employee may need to U complete more than one FPPC Form 700 schedule.. y L d C Category I (Full disclosure): Interests in real property located within the jurisdiction of o the City of San Bernardino or within two miles of the boundaries of the jurisdiction or U within two miles of any land owned or used by the agency, as well as investments, U business positions and sources of income, including gifts, loans and travel payments. 0 d Category 2: All investments,business positions and sources of income, including gifts, loans and travel payments. n Category 3: Interests in real property located within the jurisdiction of the City of San Bernardino or within two miles of any land owned or used by the City of San Bernardino. N U) Category 4: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or 0 sale of real property within the jurisdiction of the City of San Bernardino. 0 a Category 5: All investments,business positions and income from business entities that w provide services, supplies,materials,machinery, vehicles or equipment of a type purchased or leased by the City. p J U Category 6: All investments,business positions and income, including gifts, loans and N travel payments from sources that provide purchased or leased facilities, goods, °y equipment,vehicles,machinery or services, including training or consulting services, of ~ U the type utilized by the designated employee's department. c m Category 7: All investments and business positions in,and sources of income from, business entities subject to the regulatory,permit,licensing application or other authority or entitlement of the designated employee's department. a Packet Pg. 132