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r-10667City Council Meeting: March 27, 2012 Santa Monica, California RESOLUTION NUMBER 10667 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE FILED WHEREAS, the Political Reform Act, Government Code Sections 81000 et seg., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, on February 26, 1985, the City Council of the City of Santa Monica adopted Resolution Number 6978 (CCS) which established the Conflict of Interest Code. for the City of Santa Monica by incorporating the provisions of 2 California Administrative Code Section 18730; and WHEREAS, on March 26, 1996, the City Council adopted Resolution Number 9009 (CCS) which revised the City's Conflict of Interest Code to reflect changes in the law and to update the list of positions for which Statements of Economic Interest are required to be filed ( "designated positions ") and the financial disclosure categories for each designated position; and WHEREAS, on March 25, 1997, the City Council adopted Resolution Number 9132 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, on March 7, 2000, the City Council adopted Resolution Number 9489 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, on February 13, 2001, the City Council adopted Resolution Number 9617 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, on February 24, 2004, the City Council adopted Resolution Number 9930 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, on December 13, 2005, the City Council adopted Resolution Number 10098 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; TTIZI 2 WHEREAS, on February 12, 2008, the City Council adopted Resolution Number 10272 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; me WHEREAS, on February 9, 2010, the City Council adopted Resolution Number 10454 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, on February 14, 2012, the City Council adopted Resolution Number 10656 (CCS) which revised the City's Conflict of Interest Code to update the list of designated positions and the financial disclosure categories for each designated position; and WHEREAS, on June 29, 2011, the Governor signed AB1x26 and AB1x27, which purported to dissolve redevelopment agencies unless each agency made a paymentto the State in proportion to the amount of tax increment that agency received; and WHEREAS, the California Redevelopment Association challenged both statutes, and on December 29, 2011, the California Supreme Court issued a decision upholding AB1x26, resulting in the dissolution of redevelopment agencies on February 1, 2012; and WHEREAS, AB1x26 allowed the City to be designated as a Successor Agency to the City's Redevelopment Agency upon dissolution, for the purpose of liquidating the K Agency's assets and making payments of.the former Agency's enforceable obligations; and WHEREAS, AB1 x26 provided for the creation of a seven member Oversight Board, whose primary purpose is to monitor and oversee the Successor Agency's actions to ensure compliance with AB1x26; and WHEREAS, it is necessary to update Exhibit 1 to Resolution Number 10656 (CCS), to include the Oversight Board on the list of designated positions subject to the Conflict of Interest Code and the financial disclosure categories applicable to such position. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution Number 10656 (CCS) is hereby amended to include the Santa Monica Redevelopment Successor Agency Oversight Board. SECTION 2. The City's Conflict of Interest Code shall consist of the provisions of 2 California Code of Regulations (the "Code ") and Exhibits 1 and 2 attached to this Resolution, all of which documents are hereby incorporated by reference. SECTION 3. Any future amendments to the City's Conflict of Interest Code including, but not limited to, amendments to the designated positions list or to the financial disclosure categories, shall be made by resolution duly adopted by the City Council of the City of Santa Monica. SECTION 4. Pursuant to the Code, any person holding a designated position, including any person holding a designated position in an acting capacity, shall file a Statement of Economic Interest with the City Clerk. Additionally, any person hired for a position not covered by the Code, who makes or participates in making a governmental decision shall file a Statement of Economic Interest. The City Council hereby delegates to the City Clerk the authority to carry out the duties of filing officer. SECTION 5. Pursuant to the Code, all persons assuming or leaving designated positions must file Statements of Economic Interest within thirty (30) days after assuming or leaving the designated position. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPS VE ��TO FORM: M* SHA J ES MO TRIE Ci ttor e EXHIBIT 1 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Assistant City Manager (See attached EXHIBIT 2 Assistant to City Manager for category definitions) Big Blue Bus Category 1 (Municipal Bus Administration) Category 1 Director of Transit Services Category 1 Chief Administrative Officer Category 2 Administrative Services Officer Category 2 Transit Maintenance Manager Category 2 Transit Operations Manager Category 2 Chief Operations Officer Category 2 Transit Government and Community Category 2 Relations Manager Category 2 Transit Maintenance Officer Category 2 Transit Finance & Grants Manager Category 2 Procurement Supervisor Category 2 Transit Safety & Training Administrator Category 2 Senior Administrative Analyst- Transit Operations Category 2 City Attorney City Attorney Assistant City Attorney Category Deputy City Attorney Category Consumer Affairs /Fair Housing Category Specialist City Manager City Manager Assistant City Manager Category 1 Assistant to City Manager Category 1 Deputy City Manager— Special Projects . Category 1 Cable TV Manager Category 1 Public Information Coordinator Category 2 Pier Manager Category 1 Environmental Programs Manager Category 1 Senior Environmental Programs Analyst — Hazardous Material Category 2 Principal Environmental Analyst — Sustainable Cities Category 2 Senior Administrative Analyst — Urban Runoff Category 2 0 DESIGNATED POSITIONS DISCLOSURE CATEGORIES City Manager— contd. Energy and Green Building Programs — Administrator Category 2 Energy Efficiency Engineer Category 2 Emergency Manager Category 1 Emergency Services Coordinator Category 1 Principal Administrative Analyst Category 2 Community & Cultural Services Director Category 1 Assistant Director Category 1 Senior Administrative Analyst — Parks & Community Facilities Planning Category 3,4 Senior Administrative Analyst Category 3,4 Administrative Services Officer Category 2 Beach House Venue Manager Category 2 Sales and Marketing Coordinator Category 2 Beach Recreations Supervisor Category 3,4 Cultural Affairs Manager Category 1 Cultural Affairs Administrator Category 2 Cultural Affairs Supervisor Category 3,4 Civic Auditorium Venue Manager Category 1 Civic Auditorium Facility Superintendent Category 2 Civic Auditorium Maintenance Supervisor Category 3,4 Civic Auditorium Event Supervisor Category 3,4 Civic Auditorium Business Administrator Category 2 Human Services Administrator Category 2 Human Services Manager Category 1 Community Recreation Manager Category 1 Community Use Administrator Category 3 Senior Administrative Analyst - Community Use Category 3,4 Community Recreation Systems Coordinator Category 3,4 Community Services Program Supervisor Category 3,4 Principal Community Services Supervisor Category 3,4 Senior Human Services Program Analyst Category 3,4 Public Landscape Manager Category 1 Public Landscape Superintendent Category 2 Public Landscape Supervisor Category 3,4 7 DESIGNATED POSITIONS DISCLOSURE CATEGORI Community and Cultural Services — contd. Community Forest & Public Landscape Superintendent Category 2 Community Forest Supervisor Category 3,4 Park Operations Supervisor Category 3,4 Finance Director /City Treasurer Category 1 Assistant Director of Finance Category 1 Treasurer Administrator Category 2 Internal Audit Manager Category 2 Financial Operations Manager Category 1 Budget Manager Category 1 Financial Systems Program Coordinator Category 2 Principal Budget Analyst Category 2 Senior Accountant Category 2 Purchasing Services Manager Category 2 Senior Buyer Category 2 Buyer Category 2 Financial Reporting Supervisor Category 2 Disbursements Supervisor Category 2 Payroll Supervisor Category 2 Business & Revenue Operations Manager Category 1 Revenue Collections Supervisor Category 2,3 Revenue Operations Analyst Category 2,3 Senior Revenue Collections Assistant Category 2,3 Senior Revenue Operations Assistant Category 2,3 Risk Manager Category 1 Liability Claims Administrator Category 1 Liability Claims Adjuster Category 1 Workers' Compensation Administrator Category 1 Senior Workers' Comp Claims Examiner Category 1 Workers' Comp Claims Examiner Category 1 Billing & Collections Supervisor Category 2 Parking Coordinator Category 1 Business License Supervisor Category 1 Taxi Coordinator Category 1 DESIGNATED POSITIONS DISCLOSURE CATEGORIES Fire Fire Chief Category 1 Deputy Fire Chief Category 1 Deputy Chief of Operations, FCEO Category 3,4,5 Battalion Chief, Training Division Category 3,4,5 Fire Captain, Paramedic Coordinator Category 3,4,5 Fire Captain, Vehicle Maintenance Category 3 Coordinator Category 3,4,5 Fire Captain, Training Division Category 3,4,5 Fire Marshal Category 3,4,5 Assistant Fire Marshal Category 3,4,5 Communications Center Supervisor Category 2 Battalion Chief /Platoon Commander Category 2 Senior Administrative Analyst Category 2,5 Housing and Economic Development Category 1 Director Category 1 Administrative Services Officer Category 2,3 Housing Manager Category 1 Senior Administrative Analyst Category 4 Administrative Analyst Category 3 Farmer's Market Supervisor Category 3,4 Farmers Market Coordinator 1 /II Category 3 Redevelopment Administrator Category 2,3 Senior Development Analyst Category 3 Economic Development Manager Category 1 Economic Development Administrator Category 1 Construction Specialist Category 4 Housing Administrator Category 1 Housing Authority Administrator Category 2 Human Resources Director Category 1 Human Resources Manager Category 1 Senior Human Resources Analyst Category 3 Information Svstems Chief Information Officer Category 1 Software Systems Manager Category 2 Systems & Network Manager Category 2 Support Services Manager Category 2 N DESIGNATED POSITIONS DISCLOSURE CATEGORIES Information Systems — contd. Web Development Manager Category 2 Senior Administrative Analyst Category 3,4 Senior Administrative Analyst — Info Systems Category 3,4 Library City Librarian Category 1 Assistant City Librarian Category 1 Planning and Community Development Director Category 1 Assistant Director Category 1 City Traffic Engineer Category 1 Special Projects Manager Category 1 Deputy Director; Special Projects Category 1 Strategic & Transportation Planning Manager Category 3,4 Building Officer Category 3,4 Assistant Building Officer Category 3,4 Code Compliance Manager Category 3,4 Lead Combination Building Inspector Category 3,4 Combination Building Inspector 1 111 Category 3,4 Code Compliance Officer 1 /11 Category 3,4 Inspection Supervisor Category 3,4 Plans Examiner III Category 3,4 Plan Check Supervisor Category 3,4 Principal Plan Check Engineer Category 3,4 Senior Plan Check Engineer Category 3,4 Planning Manager Category 3,4 Principal Planner Category 3,4 Senior Planner Category 3,4 Associate Planner Category 3,4 Assistant Planner Category 3,4 Principal Urban Designer Category 3,4 Special Projects Engineer Category 3,4 Principal Transportation Planner Category 3,4 Senior Transportation Planner Category 3,4 Transportation Planning Associate Category 3,4 Traffic Operations Supervisor Category 3,4 Building and Safety Supervisor Category 3,4 10 DESIGNATED POSITIONS Police Police Chief Deputy Chief Police Captain Lieutenant Lead Systems Analyst - Public Safety Senior Administrative Analyst Assistant to the Chief of Police Chiefs Adjutant Public Works Director Assistant Director Airport Services Director Airport Operations Administrator City Architect Architect Architectural Associate CIP Project Manager Project Manager Senior Architect City Engineer Associate Project Manager Civil Engineer Civil Engineering Associate Civil Engineering Assistant Engineering Project Specialist Principal Civil Engineer Supervising Civil Engineer Public Works Utilities Inspector Senior Public Works Inspector Street Maintenance Superintendent Custodial Services Manager Custodial Services Superintendent Custodial Supervisor Maintenance Manager Construction Projects Supervisor Facilities Maintenance Superintendent Fleet Maintenance Superintendent Fleet Maintenance Supervisor Resource Recovery and Recycling Manager 11 DISCLOSURE CATEGORIES Category 1,2,6 Category 1,2,6 Category 1,2 „6 Category 1,2,6 Category 1,2 Category 1,2 Category 1,2 Category 1,2 Category 1 Category 1 Category 1 Category 1 Category 1,2,4 Category 1,2,4 Category 1,2,4 Category 1,2,4 Category 1,2,4 Category 1,2,4 Category 1,2,4 Category 1,2,4 Category 1,2,4 Category 1,3,4 Category 1,3,4 Category 1 Category 1,2,4 Category 1,3,4 Category 3 Category 3 Category 2, Category 1,2 Category 2 Category 2 Category 1,2 Category 2 Category 2 Category 2 Category 2 Category 1,5 DESIGNATED POSITIONS Public Works — contd. Resource Recovery and Recycling Administrator Resource Recovery and Recycling Collections Superintendent Cemetery Administrator Water Resources Manager Water/Wastewater Administrator Water Production and Treatment Administrator Water Resources Protection Programs Coordinator Records and Election Services Director of Records and Election Services DISCLOSURE CATEGORIES Category 2,5 Category 2,3,5 Category 2, Category 1 Category 2,3 Category 2,3 Category 3 (City Clerk) Category 1 Assistant Director of Records and Election Services (Assistant City Clerk) Category 1 Records & Election Services Administrator Category 1 Rent Control Administrator Category 1 General Counsel Category 1 Senior Litigation Attorney Category 1 Staff Attorney Category 1 Hearing Officer Category 1 Hearings Manager Category 1 Public Information Manager Category 1 Budget/Office Coordinator Category 2 Citv Council. Boards and Commissions Airport Commission Members Category 6 Architectural Review Board Members Category 6 Arts Commission Members Category 6 Building and Fire Life Safety Commission Category 6 City Council Members Commission for Senior Community Members Category 6 Commission on the Status of Women Members Category 6 Disabilities Commission Members Category 6 12 DESIGNATED POSITIONS City Council, Board and Commissions — contd. Housing Commission Members Landmarks Commission Members Library Board Members DISCLOSURE CATEGORIES Category 6 Category 6 Category 6 Measure V Citizens Oversight Committee Members Category 6 Personnel Board Members Category 6 Planning Commission Members Recreation and Parks Commission Members Redevelopment Successor Agency Oversight Board Rent Control Board Members Social Services Commission Members "Acting" Positions Consultants* Non - Profit Public Benefit Corporations` Downtown Santa Monica, Inc. Pier Restoration Corporation Interim Board Category 6 Category 1 Category 6 Category 6 Subject to the same disclosure requirements as the applicable designated position in which the person is "acting." Category 1 "Disclosure obligations for these designated positions are set forth in Government Code Section 87200 et seg.. These positions are designated in this Conflict of Interest Code solely for disqualification purposes. "Consultants performing the duties of any designated position shall be required to file Statements of Economic Interest disclosing interests in the categories assigned to the designated position. In addition, consultants who, under contract, participate in decisions which affect financial interests by providing information, advice, recommendation or counsel to the City and possess decision making authority which could affect financial interests shall be required to file Statements of Economic Interests disclosing reportable interests as determined by the City Manager. 13 *`*These corporations have their own conflict of interest codes and are not subject to the City's conflict of interest code. Disclosure statements of designated positions in these corporations must be filed with the City Clerk of the City of Santa Monica. EXHIBIT 2 General Provisions When a designated employee is required to disclose investments and sources of income, he /she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he /she need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. Designated employees shall disclose their financial interests pursuant to the appropriate category as indicated in Exhibit 1. Disclosure Categories Category 1: Persons in this category shall disclose: Investments, business positions, and income from sources located in or doing business in the jurisdiction and interests in real property located in Santa Monica, including property located within a two - mile radius of any property owned or used by the City of Santa Monica. Category 2: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which manufacture, sell or provide services, supplies, materials, books, machinery or equipment of the type utilized by the employee's department. Category 3: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which are subject to the regulatory, permit or licensing authority of the employee's department. Category 4: Persons in this category shall disclose: Investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property, and interests in real property located within Santa Monica, including property located within a two -mile radius of any property owned or used by the City of Santa Monica. 14 Category 5: Persons in this category shall disclose: Investments and business positions and sources of income of the type which manufacture, sell or provide supplies, materials, machinery, services or equipment utilized by the employee's department, interests in real property located within Santa Monica, including property located within a two -mile radius of any property that is or may be used as a disposal site, transfer station or resource recovery facility in which the designated official /employee provides planning or technical assistance or has enforcement branch responsibilities. Category 6: Persons in this category shall disclose: All investments, business positions and sources of income which are subject to the regulatory, permit or licensing authority of the Board or Commission on which the member serves. 15 Adopted and approved this 27th day of March, 2012. Ric and Bloom, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10667 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 27th day of March, 2012, by the following vote: AYES: Councilmembers McKeown, O'Day, Holbrook, Shriver, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember O'Connor ATTEST: Maria M. Stewart, C1ty Clerk