HomeMy WebLinkAbout07.D- City Manager RESOLUTION (ID # 2376) DOC ID: 2376
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Allen Parker M/CC Meeting Date: 04/15/2013
Prepared by: Allen Parker, (909) 384-5122
Dept: City Manager Ward(s): N/A
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of a Consultant Services Agreement Between Transtech Engineers, Incorporated and
the City of San Bernardino for the Interim Position of Community Development Director.
(#2376)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
Background:
City Attorney Review:
Supporting Documents:
Updated: 4/11/2013 by Linda Sutherland Packet . 196
L-Mal Memo No, -DV
l D
Henry Empeno
From: Henry Empeno
Sent: Friday,April 12,2013 3:06 PM
To: parker_al @sbcity.org
Cc: James Penman;Jolena Grider; Stephanie Easland;Crystal Johnson
Subject: James Funk&Transtech Contract as Community Development Director
To Allen Parker, City Manager
Mr. Parker,
As you may now know from the emails copied to you today from the City Attorney, we became aware today that a
conflict of interest would be created if the Mayor and Council were to approve a Consultant Services Agreement with
Transtech Engineers for James Funk to serve as the Interim Community Development Director as proposed in Agenda
Item No.7D at the April 15, 2013 Council meeting.
The proposed contract with Transtech Engineers will create a conflict of interest because Transtech Engineers is the
consultant to a project pending with the Community Development Department. I learned yesterday that David
Mlynarski, a principal with Transtech, is the project coordinator working for the SB County Housing Authority on the
Waterman Gardens project, a 38 acre 411 unit low and moderate income condominium and townhouses residential
project including 74 senior housing units, located at the NE corner of Waterman Ave. and Olive Street. The application
consists of a Conditional Use Permit,Tentative Map and Development Agreement currently pending at the
Development/Environmental Review Committee.
If Mr. Funk were to sever his business relationship today with Transtech, we believe that Mr. Funk would still have a
conflict of interest because of his work and income with Transtech during the previous 12 months. James Funk
informed me today that he had and continues to have other subcontracting work with Transtech which exceeds$500 in
a 12 month period of time.
Government Code Section 87103 states:
"A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable
that the decision will have a material financial effect, distinguishable from its effect on the public generally,on the
official, a member of his or her immediate family,or on any of the following:
. . . (c) Any source of income . . . aggregating five hundred dollars ($500) or more in value provided or promised to,
received by, the public official within 12 months prior to the time when the decision is made."
Even if Mr. Funk were to now terminate his business relationship with Transtech, he would still have a financial interest
in Transtech's projects under Government Code Section 87103 because he received more than $500 from Transtech
within the previous 12 months. Mr. Funk would need to terminate his business relationship with Transtech and
Transtech would need to terminate all work on any current or future applications with the Community Development
Department, including the Waterman Gardens project, prior to Mr. Funk becoming the Interim Director of the
Community Development Department.
Until both James Funk and Transtech provide written confirmation of the termination previously described,we advise
that this agenda item should be withdrawn or tabled at the April 15, 2013 Council meeting.
Henry Empeno, Jr.
Senior Deputy City Attorney
�7D
City Attorney's Office
1
300 N. "D" Street, 6th Floor
San Bernardino, CA 92418-0001
Phone: (909) 384-5355
Fax: (909) 384-5238
hem peno(@sbcityattorney.org
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